TEST - AFFILIATE PROGRAM - EN - DEFINITIONS Unless the context otherwise requires, words in the singular include the plural, and words in the plural include the singular. Additional Affiliate Service(s) - services provided by JOI Partners, which are intended or necessary for the provision of the (main) Affiliate Services, i.e., Verification, Support, processing of Payments, etc. Admin Fees - Payment processing costs, taxes, regulatory fees, fraud-related losses, deductible amounts imposed by applicable law, and other applicable adjustments deducted before calculating Affiliate NGR. Affiliate - an individual or legal entity eligible to enter into the Affiliate Agreement, approved by JOI Partners, and fulfilling the requirements stated in the Affiliate Terms. Affiliate Account - the account assigned to the Affiliate within the Affiliate Platform for access, administration, tracking, reporting, and payment purposes, which can be used to access the Affiliate Services of JOI Partners. (Affiliate) Actions - activity of the Affiliate in the Affiliate Platform: setting up of the Commission Structure, submitting Payment requests, creation/addition/modification of the Affiliate Links, Affiliate Resources, submitting requests, contacting JOI Partners, etc. Action Logs - the electronic records, databases, system records, server logs, and other technical or digital data maintained by JOI Partners or related third parties that record, confirm, process, or otherwise reflect the Actions, the Affiliate Account activities, operations, communications, instructions, or other actions performed through the Affiliate Services, the Affiliate Platform, JOI Partners’ Websites, or the Affiliate Account. Affiliate Link - a tracking link containing the Affiliate’s unique identifier and made available or approved by JOI Partners for attributing Referrals. Affiliate Members Area - private area of the Affiliate Platform that allows the Affiliate to use the Affiliate Services, Additional Affiliate Services, the Affiliate Platform, or any combination thereof. Affiliate NGR - the total turnover or sales generated, placed or made by Qualified Referrals attributed to the Affiliate, less profits, bonuses, Chargebacks, Admin Fees, and other applicable adjustments. For the avoidance of doubt, the calculation shall be based on the JOI Partners’ Action Logs and the applicable Commission Structure. Affiliate Platform - the online interface through which the Affiliate may access Affiliate Links, Marketing Materials, statistics, commercial terms, Commission information, notices, and other Affiliate Program functionality; it allows JOI Partners to provide reporting tools used to record and attribute Referrals and calculate Commission. Affiliate Program - the commercial arrangement under which the Affiliate may promote the Brand and may earn the Commission subject to the Affiliate Terms and the applicable Commission Structure. Affiliate Resources - websites, applications, social media profiles, communities, advertising campaigns, email communications, search marketing activities, and other promotional channels or assets controlled or managed by the Affiliate and used in connection with the Affiliate Program. Affiliate Services - the services provided by the JOI Partners related to traffic attraction (main), Additional Affiliate Services, use of JOI Partners’ Websites, use of the Affiliate Platform, participation in the Affiliate Program or Affiliate Promotions, or any combination thereof. Affiliate Terms - all the terms presented in the Affiliate Agreement, JOI Partners Websites, Commission Structure annexed hereto, Affiliate Promotions terms and the accorded terms and conditions of the Brands, if applicable. Brand - advertiser, operator of the brand, that uses Affiliate Platform to attract traffic to its Websites. Chargeback - a reversed, disputed, recalled, cancelled, refunded, or otherwise unpaid deposit or transaction, including any related fee, cost, loss, or liability incurred by JOI Partners or the Brand. Client - a user of the Brand who has fulfilled the Brand's Terms. Commission - a remuneration that may become payable to the Affiliate by the Brand under the applicable Affiliate Program, in accordance with the Commission Structure, subject to the Affiliate Agreement, the Affiliate Terms, and any separate written commercial terms confirmed by JOI Partners. Commission Structure - the compensation model applicable to the Affiliate, including Revenue Share, CPA, Hybrid, Sub-Affiliate remuneration, or another model made available and confirmed by JOI Partners. CPA - a fixed Commission amount for each Qualified Referral who satisfies the CPA criteria agreed and confirmed by the Parties. Fraud - any actual or attempted dishonest, deceptive, manipulative, abusive, unauthorized, or unlawful conduct affecting the Affiliate Program, the Affiliate Platform, a Referral account, attribution, tracking, registration, deposit, bonus, Commission, Payment, reporting, or compliance process. Fraudulent Traffic - traffic, activity, transactions, or user behavior generated or influenced, directly or indirectly, through Fraud or with the purpose or effect of obtaining Commission by unauthorized, deceptive, manipulative, abusive, or unlawful means. JOI Partners’ Websites - joi.partners and its language versions available via the main page or any other pages or domains on the official website or the Affiliate Members Area, related to the JOI Partners. Hybrid - a Commission Structure combining CPA and Revenue Share on terms agreed by the Parties and confirmed by JOI Partners. Inactivity Fee - the fee that may be charged if there is no activity on the Affiliate Account. Invalid Traffic - traffic, Referrals, registrations, deposits or other activity that is fraudulent, artificial, duplicated, incentivized without approval, unverifiable, non-compliant, generated from a Restricted Territory, attributable to self-referral, or otherwise ineligible under the Affiliate Agreement, the Affiliate Terms, or the applicable commercial terms. JOI Partners - a provider of the Affiliate Services, including an Affiliate Program, of the Additional Affiliate Services, of access to the Affiliate Platform, and of access to the JOI Partners’ Websites. Marketing Materials - logos, trade marks, banners, text, graphics, links, landing pages, creative assets, and other promotional materials. Official Communication Channels - the official communication channels of JOI Partners, such as emails, sms, push notifications on the JOI Partners’ Websites or apps, social network accounts (Discord, Telegram, etc.), and other means, available for the Affiliate via the links or information on the JOI Partners’ Websites only. Payments - any pending, accepted, canceled or voided payments with the intention to decrease or increase their Affiliate Account’s balance. Payment Date - the date on which approved Commission Payouts are ordinarily processed, being the 10th day of each month unless another date is stated in the Affiliate Platform or agreed in writing. Payment Methods - payment option, payment system, payment institution, or payment account through which the Affiliate intends, makes, or already made the Deposits or Withdrawals. Payout - the process of crediting funds to the Affiliate Account in accordance with the Affiliate Program and relevant Affiliate Terms. Potential Affiliate - a visitor of the JOI Partners’ Websites or a user of the Affiliate Platform who is exploring the JOI Partners’ Websites or the Affiliate Platform before using the Affiliate Services. Qualified Referral - the Client of the Brand who is validly attributed to the Affiliate and satisfies all qualification requirements in the Affiliate Agreement and the relevant Affiliate Terms, Affiliate Program terms, and the applicable Commission Structure. Referral - a potential Client of the Brand attributed to the Affiliate through a valid Affiliate Link or another attribution method expressly approved by JOI Partners. Reporting Period - each calendar month, beginning on the first day and ending on the last day of that month, unless a different accounting period is expressly stated in the Affiliate Platform or agreed in writing. Restricted Territory - a country, region, or territory in which JOI Partners does not accept traffic or in which the promotion of the Brand or participation in the Affiliate Program is prohibited or restricted by applicable law, license conditions, sanctions, JOI Partners’ policy, or written notice to the Affiliate: Australia, Austria, France and its territories, Germany, the Netherlands and its territories, Spain, the Union of Comoros, the United Kingdom, the United States and its territories, all countries on the FATF blacklist, as well as other jurisdictions declared prohibited by the Anjouan Offshore Financial Services Authority or regulatory authorities of the Brand. Revenue Share - Commission model based on an agreed percentage of Affiliate NGR. Sub-Affiliate - a third-party affiliate introduced by the Affiliate and separately approved by JOI Partners for participation under the Affiliate’s Sub-Affiliate arrangement. Transactions - activities of the Referrals in the Platform of the Brand. Verification - the due diligence process that may be required by JOI Partners in respect of the Affiliate and may consist of several stages. Websites (of Brands) - for example, www.joi-rush.com and its language versions available via the main page or any other pages or domains on the official website or its Members Area, related to the Brand. 1. GENERAL TERMS 1.1. This Affiliate Agreement, together with the documents presented on JOI Partners' Websites and the Websites of the Brand (hereinafter referred to as the “Affiliate Terms”), mainly apply to the use of the Affiliate Program of JOI Partners related to the Brand via the Affiliate Platform - the Affiliate Services. 1.2. The Affiliate Terms form a binding agreement between JOI Partners, the Brand and the Affiliate (“Parties”). 1.3. The Parties are independent contractors. Nothing in the Affiliate Terms creates employment, agency, fiduciary, franchise, joint venture, partnership, or authority for either Party to bind the other. 1.5. The Affiliate accepts the Affiliate Terms at any of the following points, starting with the one that occurred earlier:
1.6. The Affiliate, by accepting the Affiliate Terms, confirms they have read, understand, and unconditionally accept the Affiliate Terms. 1.7. Participation of the Affiliate in the Affiliate Program is subject to the JOI Partners’ separate approval. 1.8. If the Affiliate does not agree with any of the provisions of the Affiliate Terms, they must not access or use the Affiliate Services of JOI Partners or must cease such use of the Affiliate Services if they have already used them. 1.9. JOI Partners reserves the right not to accept a Potential Affiliate (even if the Affiliate Terms were accepted by the Potential Affiliate) in accordance with JOI Partners' internal policies. 1.10. JOI Partners reserves the right to modify the Affiliate Terms in its sole discretion and at any time without prior notice, and consequently, to modify this Affiliate Agreement, and the Affiliate accepts this right and confirms its awareness of this. 1.11. The Affiliate is solely responsible for reviewing the Affiliate Terms every time they use the Affiliate Services. 1.12. JOI Partners will notify the Affiliate in advance of any significant changes in the Affiliate Terms by email to the Affiliate’s registered email address. 1.13. If the Affiliate disagrees with any changes to the Affiliate Terms, they must cease use of the Affiliate Services. If the Affiliate continues to use the Affiliate Services, it shall be deemed to have unconditionally accepted the Affiliate Terms in their revised version. 1.14. Unless otherwise specified, the changes will take effect immediately after the placement of the updated Affiliate Terms via JOI Partners' Websites or any other means. All Transactions of the Referral that took place after the placement of the updated Affiliate Terms must be considered as the Transactions in accordance with the updated Affiliate Terms. The Transactions placed before the update should be settled with the previous Affiliate Terms. 1.15. The Affiliate Terms override any other terms, agreements, arrangements, express or implied statements made by JOI Partners, its representatives, its Affiliates, or any other parties, unless otherwise specified. 1.16. JOI Partners reserves the right, and the Affiliate accepts, that any Affiliate Services of JOI Partners may be changed, suspended, or ceased, in whole or in part, in accordance with JOI Partners' internal policies and applicable law at any time without prior notice. 1.17. The Affiliate acknowledges and agrees that any terms and conditions governing Payment Methods, third-party software required to access or use the Affiliate Services, or any other third-party products or services related to the Affiliate Services are independent third-party terms and conditions. JOI Partners shall have no control over, responsibility for, or liability in connection with such third-party terms, products, or services. 1.18. The Affiliate is responsible for knowing the legal aspects of online advertising in their jurisdiction. 1.19. To the maximum extent permitted by applicable law, JOI Partners shall not be liable to the Affiliate in relation to JOI Partners’ compliance or non-compliance with any regulatory obligations. 1.20 The Affiliate Terms may be published in different languages; however, only the English version is official. All the other versions are provided for informational purposes only. 1.21. The Affiliate Terms in the event of the Prohibited Affiliate Activities supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with the Affiliate. 1.22. The Affiliate is obliged to update their contact information (email address) to receive important notifications regarding changes to the Affiliate Terms. 1.23. The Affiliate accepts that any information obtained by JOI Partners regarding the Affiliate may be transferred to third parties for the purpose of providing the Affiliate Services or in response to external requests from regulatory bodies or competent authorities. 1.24. The Affiliate accepts that JOI Partners may impose Affiliate Account Restrictions on the Affiliate Account in accordance with external requests from regulatory bodies or competent authorities. In this event, JOI Partners is not obliged to, and may be restricted from, informing the Affiliate of the reasons, background, or measures imposed. 1.25. If any clause of the Affiliate Terms is deemed illegal or unenforceable, such clause shall be severed from the Affiliate Terms and all other clauses shall remain in full force and effect without being affected by such severance. 1.26. JOI Partners reserves the right to legally assign or transfer the Affiliate Agreement. The Affiliate may not assign, transfer, delegate, charge, or otherwise dispose of any right or obligation under the Affiliate Agreement without JOI Partners’ prior written consent. 1.27. JOI Partners reserves the right to communicate periodically with the Affiliate to provide additional information about the Affiliate Services or other information about JOI Partners. By opening the Affiliate Account, the Affiliate agrees to receive such information. The Affiliate may unsubscribe from these communications at any time by submitting a request to the Affiliate Department or from the Affiliate Members Area. 1.28. The personal information of the Affiliate, obtained by JOI Partners, is processed in accordance with the Privacy Policy. 1.29. The Affiliate Terms shall remain in full force and effect for as long as the Affiliate accesses or uses the Affiliate Services, the Affiliate Platform, or JOI Partners' Websites, or otherwise interacts with JOI Partners. The closure, suspension, or termination of the Affiliate Account shall not affect the continued validity or enforceability of the Affiliate Terms or any provisions intended to survive such closure, suspension, or termination. 1.30. The Affiliate unconditionally agrees to waive any right to participate as a party or class member in any class action lawsuit, arbitration, or other proceeding against JOI Partners arising out of, related to, or connected with the Affiliate Terms or the Affiliate Services provided. 1.31. In the event of conflict, the following order of precedence applies: (a) any signed commercial or supplementary agreement that expressly states it overrides the Affiliate Terms; 2. AFFILIATE ACCOUNT RULES 2.1. To open an Affiliate Account, the Potential Affiliate must fill out the Registration Form manually or by using automatic sign-up via social media accounts. 2.2. In order to use or continue using the Affiliate Services of JOI Partners, the Affiliate must fulfill the following requirements: (a) The information on the registration form must be provided and must be truthful, complete, accurate, and not misleading in any respect. 2.3. JOI Partners reserves the right to impose the Affiliate Account Restrictions in accordance with JOI Partners' internal policies at any time without prior notice in the event of violations of the points above. 2.4. The Affiliate Account Restrictions mean that JOI Partners may do any of the following:
2.5. JOI Partners has no obligation to open an Affiliate Account for the Potential Affiliate and is not required to provide reasons for its decision. 2.6. JOI Partners reserves the right to request, and the Affiliate agrees to provide the requested information, details, documents, and explanations, and to perform necessary actions upon JOI Partners' request, and to cooperate with JOI Partners in all related matters. 2.7. The Affiliate must track the history of Commission paid and their calculated commission in the Affiliate Members Area. 2.8. In the event of no activity on the Affiliate Account for a continuous period of at least 6 months, JOI Partners reserves the right to deduct an Inactivity Fee of 5 USD or 5% of the Affiliate Account balance per month or impose Affiliate Account Restrictions, or both. 2.9. The Affiliate is granted the Affiliate Account Credentials to get access to the Affiliate Members Area. The use of the Affiliate Account Credentials is described in the Security section. 2.10. The Affiliate has the right to open only one Affiliate Account. The Affiliate is not allowed to open or use multiple Affiliate Accounts. The use of shared devices, the same IP address, the same physical address, or other similar patterns is considered a violation. In the event of a violation, Affiliate Account Restrictions may be imposed. 2.11. The Affiliate is not permitted to sell or transfer their Affiliate Account to any other person or entity. In the event of a violation, JOI Partners may take appropriate measures in accordance with its internal policies. 2.12. If the Affiliate suspects that they have more than one Affiliate Account with JOI Partners, they must notify JOI Partners immediately. 2.13. If JOI Partners suspects that the Affiliate Account is used by a third party, JOI Partners reserves the right to impose Affiliate Account Restrictions. 2.14. The Affiliate Account is denominated in USD. All balances, Commissions, and other amounts recorded in the Affiliate Account will be calculated and displayed in USD. 2.15. In the event of Affiliate Account closure, JOI Partners is obliged to return to the Affiliate the remaining balance, using the method chosen by the Affiliate. If JOI Partners is unable to use that method, JOI Partners returns the funds via another available method. 2.16. In the event of Affiliate Account closure, the Affiliate must not open a new Affiliate Account. 2.17. In the event of Affiliate Account closure, JOI Partners reserves the right to apply the remaining balance to offset losses incurred during the business relationship with the Affiliate. 2.18. The Affiliate is solely responsible for reporting and paying any applicable taxes under relevant laws on any earnings received from JOI Partners. 2.19. JOI Partners has no responsibility to notify the Affiliate about the reasons for any Affiliate Account Restriction imposed due to the Prohibited Affiliate Activities. 2.20. The Affiliate may close the Affiliate Account in the Affiliate Member Area or by submitting a request to JOI Partners’ Affiliate Department. Any negative balance must be paid in full before the closure. 3. ACCOUNT VERIFICATION 3.1. JOI Partners reserves the right to request, and the Affiliate agrees to provide requested information, details, documents, explanations, and/or to perform actions in accordance with regulatory requirements or internal policies/procedures. 3.2. JOI Partners reserves the right to verify thу Affiliate’s age, identity, address, location, financial circumstances, source of funds, source of wealth, and ownership of the payment means (cards, wallets, etc). 3.3. The Affiliate is obliged to present the necessary evidence to verify the information above - pass the Verification. The Affiliate must complete the Verification within 30 days of registration. 3.4. JOI Partners reserves the right, and the Affiliate accepts the obligation to pass the Verification from time to time, including additional requests, in accordance with regulatory requirements or internal policies/procedures, which may be modified during the use of the Affiliate Services, until reasonable satisfaction of JOI Partners. 3.5. In the event of refusal to pass the Verification or the Verification cannot be completed, the Affiliate Account Restrictions may be imposed. 3.6. The Affiliate accepts the right of JOI Partners to provide information obtained from the Affiliate to the authorized credit agencies, fraud prevention agencies, or similar third parties to pass identity, credit, fraud prevention, and similar checks intended to clarify if the Affiliate is eligible to use the Affiliate Services of JOI Partners. 3.7. The Affiliate accepts the right of JOI Partners to provide information obtained from the Affiliate to regulatory bodies or competent authorities in the event of external requests. 3.8. The Affiliate is obliged not to send the details of their credit/debit cards or similar information to avoid this information being intercepted via unencrypted channels. JOI Partners has no obligation to refund funds stolen due to unnecessary or redundant information the Affiliate provided that was not requested by JOI Partners. 4. PAYMENTS 4.1. The Affiliate is allowed to make the Payments only through the Payment Methods available in the Affiliate Members Area. 4.2. The Affiliate is allowed to transfer funds from the Affiliate Account to the Brand’s (own) Client Account of the Affiliate in accordance with the internal agreements with the Brand (if any). 4.3. The Payments accepted when the Affiliate Account did not have sufficient funds to cover them may be voided, and Affiliate Account Restrictions may be imposed. 4.4. JOI Partners reserves the right to provide Payment Methods to the Affiliate in accordance with its internal policies at any time without prior notice, modify the availability of Payment Methods, allow or disable Payment Methods to the Affiliate, a group of affiliates, or any other similar options or actions. 4.5. JOI Partners is not obliged to accept requests regarding the Payments made by phone, email, or other means of communication other than a valid automated request in the Affiliate Members Area. The Affiliate bears full responsibility for any loss of funds sent via any channel or method (including pre-saved account credentials used for previous Payments), except for the valid channel in the Affiliate Members Area. 4.6. The Affiliate agrees not to reverse, cancel, or refund any Payments. In the event of a violation, JOI Partners reserves the right to recover any losses resulting from such actions and to impose Affiliate Account Restrictions. 4.7. The Affiliate is not permitted to transfer funds from the Affiliate Account to another affiliate or receive funds from other affiliates into the Affiliate Account. 4.8. Even if JOI Partners compensates the fees for the Payments for the exact Payment Method, either as part of the Promotions or on a regular basis, there may be additional fees, for example, during conversion, which JOI Partners has no control over. It is the sole responsibility of the Affiliate to know the exact fees before making any payment. 4.9. Every Payment Method may:
It is the sole responsibility of the Affiliate to know the exact fees before making any payment. 4.10. JOI Partners reserves the right to credit the Affiliate's Account only after confirmation of payment from the Payment Methods. If the confirmation cannot be received, the payment may be considered unsuccessful, and the Affiliate Account will not be credited. 4.11. JOI Partners complies with the provisions of legislation against money laundering and terrorist financing and reserves the right to use enhanced due diligence procedures, as part of the Verification, during Payment confirmation. In the event of refusal to pass the Verification, Payment requests may be modified, canceled, restricted, or voided, and the Affiliate Account Restrictions may be imposed. 4.12. The Affiliate must not consider JOI Partners as a financial institution:
4.13. The Payments may be canceled in whole or in part by the third party or by JOI Partners for various reasons. In the event of a cancellation, JOI Partners is not responsible for any losses incurred or potential losses by the Affiliate. 4.14. If the Affiliate uses Payment Methods they do not own or use funds that do not belong to them, or both, including the use of stolen cards, cloned or unauthorized Payment Methods, JOI Partners reserves the right to cancel or void the Payments and impose Affiliate Account Restrictions. 4.15. If the Affiliate Account currency differs from the currency of the Payment received, JOI Partners reserves the right to make necessary conversions and withhold related fees. 4.16. The Affiliate is responsible for determining whether their Payment Methods accept payments related to accorded activities. 4.17. The Affiliate shall keep payment details accurate and current. JOI Partners is not liable for delays, failed payments, misdirected, lost transfers, reversals, or charges caused by inaccurate, incomplete, outdated, or late instructions supplied by the Affiliate. 4.18. Changes to payment details must be submitted before the end of the Reporting Period and may be subject to security verification. 4.19. JOI Partners will make Payments in the amount of the total balance of the Affiliate Account, provided that:
4.20. JOI Partners will attempt to fill the Payment requests, taking into account their preferred Payment Methods. However, this cannot be guaranteed. In this event, JOI Partners may use different Payment Methods or cancel any pending requests. 4.21. If more than one Payment Method has been used by the Affiliate, JOI Partners reserves the right to choose the Payment Methods for the Payment to minimize fraud in accordance with internal policies/procedures, which may include payments to Payment Methods used by the Affiliate previously. 4.22. JOI Partners will initiate payment of the approved Commission to the Affiliate on the applicable Payment Date. The time required for the funds to be credited depends on the relevant Payment Method and is outside JOI Partners' control. If JOI Partners is unable to initiate or complete the payment on the applicable Payment Date for any reason, the unpaid Commission will be carried forward to the next Reporting Period and will be paid on the next applicable Payment Date, subject to the Affiliate Terms. 4.23. The Affiliate must verify their identity before the first Payment. 4.24. If the Affiliate Account is Suspended or Closed with the remaining balance and the Affiliate would like to make the Payment, they must contact the Affiliate Department. 4.25. The Payments must be made in the name of and for the registered Affiliate Account holder. 4.26. JOI Partners reserves the right not to process the Payments if the Affiliate is engaged in any illegal activity. 4.27. The Payments made by mistake by JOI Partners or the third party must be considered as property of JOI Partners. In such events:
4.28. JOI Partners reserves the right to apply, lift, or modify Payment Limits at any time, in accordance with its internal policies, without prior notice. 4.29. JOI Partners reserves the right to modify Payment Limits at any time, without prior notice, in accordance with JOI Partners' internal policies in the event of suspicion of the Prohibited Affiliate Activities. 4.30. The Affiliate must not use Additional Affiliate Services, including, but not limited to, exchange or conversion options in the Affiliate Members Area or on the Payment Methods side, for purposes other than the performance of the Affiliate Services (currency trading, currency hedging, abuse of Payment Methods, and similar activities). 4.31. The Affiliate shall not promote to, contract with, or route payments or traffic through a sanctioned person, entity, jurisdiction, or prohibited payment channel. JOI Partners may take any action reasonably necessary to comply with sanctions, AML obligations, license conditions, or requests from competent authorities or service providers. 5. ACTIONS AND PAYOUTS 5.1. The Affiliate accepts the right of JOI Partners in accordance with its internal policies at any time without prior notice:
5.2. The Affiliate is solely responsible for understanding the rules, conditions, markets, settlement principles, and participation requirements applicable to any event or other product available through the Affiliate Services prior to the placement of any Action. 5.3. The Affiliate is allowed to perform the Action via the JOI Partners’ Website or the Affiliate Platform only. Actions or orders to perform the Actions sent by any other way (post, email, phone, etc.) are not accepted, and, if received or executed (including by mistake), may be considered invalid and canceled or voided, regardless of whether they are correct or not. 5.4. The Affiliate bears full responsibility for the Action they made. 5.5. Any Action or activity performed using insufficient funds, incorrectly credited funds, or funds made available due to any Software error, technical malfunction, delay, human error, or other irregularity may be deemed invalid by JOI Partners and may be canceled or voided regardless of the outcome. Any proceeds or subsequent actions generated from such funds shall likewise be subject to cancellation, voiding, deduction, or recovery by JOI Partners. 5.6. The Action is considered placed if the Affiliate Platform accepted it and it can be confirmed in the Action Logs. Otherwise, any Action can be considered invalid and canceled or voided. 5.7. All the Actions are recorded in the Action Logs. In the event of any dispute, JOI Partners’ Action Logs shall prevail and shall constitute final and conclusive evidence of the relevant action or activity. 5.8. JOI Partners reserves the right to credit the Affiliate Account with the Affiliate Commission in accordance with the Actions only in the event of confirmation by the Brand. 5.9. JOI Partners reserves the right to apply additional verification of the Actions with the Brand or any related third-party to confirm their accuracy. The Action will be suspended until the verification is completed. 5.10. JOI Partners reserves the right to apply, lift, or modify Payment Limits in accordance with JOI Partners' internal policies at any time without prior notice. 5.11. JOI Partners reserves the right to void, cancel, or reclaim any Payouts or funds incorrectly credited to the Affiliate Account due to any technical malfunction, the Software defect, provider error, human error, incorrect data, or any other error or irregularity. Where such funds have already been withdrawn or utilized by the Affiliate, the Affiliate shall remain fully liable to JOI Partners for the repayment of the corresponding amount, which shall constitute an outstanding debt owed to JOI Partners. 5.12. The Brand reserves the right to modify, reject, cancel, or void in full or partially any Transaction of the Client in case of reversal decisions of the governing bodies or of the Brand is unable to verify the result of the event. In this case, JOI Partners reserves the right to modify, reject, cancel, or void in full or partially any credit of the accorded Affiliate Commission. 6. PROHIBITED AFFILIATE ACTIVITIES 6.1. JOI Partners reserves the right, and the Affiliate accepts that in the event of any Affiliate Prohibited Activities:
6.2. The Affiliate shall not engage in, facilitate, encourage, conceal, or knowingly benefit from Fraud, Fraudulent Traffic, Invalid Traffic, or unlawful activity. 6.3. The Affiliate must not be an employee/representative (including relatives) of JOI Partners, of the Brand, of the Counterparties (payment systems, software providers, etc.) of JOI Partners or the Brand, nor an employee/representative (including relatives) of the Platform, nor an employee/representative (including relatives) of regulatory bodies or competent authorities. 6.4. The Affiliate must not be engaged in any fraudulent, collusive, or other illegal activity in connection with their own or any third party’s participation in any of the Affiliate Services, and must not use any special software- or hardware-assisted methods or techniques to use the Affiliate Services or hide/modify their identity or location, or aimed to defraud other Affiliates of JOI Partners. 6.5. The Affiliate shall not use spam, unsolicited communications, malware, adware, browser extensions, push notifications without valid consent, misleading advertising, deceptive reviews, false scarcity, impersonation, or other unfair acquisition methods. 6.6. Prohibited conduct includes, without limitation: bots, scripts, click farms, device farms, automated or artificial activity; fake, duplicate, stolen, synthetic, or misleading identities; self-referrals; coordinated or circular deposits; payment abuse; Chargebacks; bonus or promotion abuse; cookie stuffing; forced clicks; invisible frames; unauthorized redirects; misleading domains or applications; attribution hijacking; postback manipulation; conversion falsification; suppression or alteration of tracking data; use of VPNs, proxies, emulators, spoofing, or location masking to evade restrictions; and any attempt to manipulate registrations, deposits, wagering, CPA, Revenue Share, Hybrid calculations, reports, Payouts or Payments. 6.7. The Affiliate shall not bid on, purchase, or use the JOI Partners’ or the Brand’s brands, trade marks, domains, misspellings, or confusingly similar terms in paid search, keywords, metadata, app-store listings, social-media handles, or advertising accounts without prior written approval. 6.8 The Affiliate shall not offer cash, bonuses, rebates, revenue sharing, prizes, or other incentives for registration, deposit, wagering, or account activity unless expressly approved in writing. 6.9. The Affiliate shall not create or operate a website, application, account, page, profile, or communication that may reasonably cause users to believe it is owned, operated, endorsed, or officially controlled by the Brand or JOI Partners. 6.10. The Affiliate shall not refer existing Clients of the Brand as new Referrals, interfere with another affiliate’s attribution, purchase or redirect another affiliate’s traffic without transparent authorization, or use a Sub-Affiliate or third party to do anything prohibited by the Affiliate Agreement. 6.11. The Affiliate shall not sell, transfer, assign, lease, or grant control over any Affiliate Resource used to promote the Affiliate Services, Affiliate Platform, JOI Partners’ Websites or the same for the Brand without JOI Partners’ prior written approval. The Affiliate must promptly notify JOI Partners of any material change in the ownership, control, management, audience, purpose, or nature of any Affiliate Resource. JOI Partners may suspend tracking, reject traffic, withhold or cancel Commission, or terminate the Affiliate Account where such change creates compliance, fraud, reputational, regulatory, or traffic-quality concerns. 6.12. The Affiliate must not use special software- or hardware-assisted methods or techniques to exploit the Affiliate Services (exploitation of a flaw, loopholes, bugs, malfunctions, etc.). 6.13. When placing Actions, the Affiliate must not use information obtained through the violation of any applicable legislation. 6.14. All Payments of the Affiliate must be free from any illegal activity and must not originate from any illegal source. 6.15. The Affiliate must use for the Payments their legally owned funds, payment methods, and payment accounts. 6.16. The Affiliate must not transfer funds or grant loans to other Affiliates of JOI Partners. 6.17. The Affiliate must not initiate “refund”, “denial”, “revocation”, “return”, or similar process via the Payment Method. 6.18. The Affiliate must not collect data about other Affiliates (email addresses, nicknames, etc.) by any means (spam, framing, linking, abuse, etc.). 6.19. The Affiliate must not use or reproduce any information under the intellectual property rights described in the Intellectual Property Terms. 6.20. The Affiliate must not take actions aimed at disrupting, improperly influencing, or affecting the activity of other Affiliates or the Affiliate Services of JOI Partners. 6.21. The Affiliate must not exceed the Affiliate Account access or time limits, if any. 6.22. The Affiliate must avoid making rude or obscene comments in communication with JOI Partners or any other clients. 6.23. The Affiliate must not breach any of the Affiliate Promotions Terms. 6.24. The Affiliate shall refrain from any defamatory, abusive, offensive, discriminatory, obscene, harassing, threatening, or otherwise inappropriate behavior or conduct directed at other Affiliates, JOI Partners, the Brand, JOI Partners’ employees or representatives, or any third-party counterparties and their employees or representatives. 6.25. The Affiliate shall immediately notify JOI Partners if they know or reasonably suspect that a Referral, Qualified Referral, employee, contractor, or Sub-Affiliate is involved in Fraud, bonus abuse, money laundering, sanctions evasion, Chargebacks, account trafficking, or other prohibited conduct. 7. AFFILIATE PROMOTIONS TERMS 7.1. In addition to the Affiliate Promotions Terms in this section, the specific terms and conditions for any exact Affiliate Promotion may be provided on JOI Partners' Websites, Websites of the Brand, or the Official Communication Channels. 7.2. The Affiliate must not misuse, unfairly take advantage of, abuse, or manipulate any Affiliate Promotion. 7.3. The Affiliate accepts that JOI Partners has the right in accordance with its internal policies at any time without prior notice:
7.4. If no specific period is stated, JOI Partners reserves the right to modify, remove, cancel, void, or take any appropriate action in relation to the unclaimed bonuses of any kind given in terms of the Affiliate Promotion after 30 days of its grant, credit, or confirmation. 8. SECURITY 8.1. The Affiliate is obliged to keep Affiliate Account Credentials strictly confidential at all times and never share them with anyone. 8.2. The Affiliate bears full responsibility for all Actions or other actions related to the Affiliate Account, through the use of correct Affiliate Account Credentials entered on JOI Partners' Websites or other means to get access to the Affiliate Services, even if this access was obtained via “Remember me”, “Fingerprint login”, “Touch ID”, “Face ID,” or any similar options on the Affiliate devices. JOI Partners is not obliged to compensate for any losses incurred in such cases. 8.3. If the Affiliate suspects that someone has or may have access to the Affiliate Account or the email account used for its registration of the Affiliate Account, they must contact JOI Partners immediately. In this case, JOI Partners will suspend the Affiliate Account to prevent unauthorized activities. Until it's done, the Affiliate is fully responsible for the activities in the Affiliate Account. 8.4. The Affiliate bears full responsibility for keeping their email account secure to prevent unauthorized access by third parties. 8.5. The Affiliate is solely responsible for the security and confidentiality of their Payment Methods, payment accounts, banking details, and related credentials used in connection with the Affiliate Services. JOI Partners shall not be responsible for any unauthorized use, access, Actions, or losses resulting from the Affiliate’s failure to properly secure such information. 9. RISK DISCLOSURE 9.1. The Affiliate acknowledges and accepts that the use of the Affiliate Services and any other activities available through the Affiliate Platform involve financial, technical, operational, and personal risks. The Affiliate uses the Affiliate Services voluntarily and at their own risk. 9.2. JOI Partners does not guarantee any profits, returns, or successful outcomes in connection with the Affiliate Services. 9.3. The Affiliate acknowledges that the Affiliate Services may be affected by technical malfunctions, Software errors, interruptions, delays, cyber incidents, internet connectivity failures, provider errors, system overloads, human errors, or other operational disruptions that may impact the availability, accuracy, settlement, or performance of the Affiliate Services. 9.4. The Affiliate acknowledges that the legality, availability, and accessibility of the Affiliate Services may vary depending on the Affiliate’s jurisdiction and applicable laws. Regulatory changes, governmental actions, restrictions imposed by competent authorities, sanctions, or changes in applicable legislation may affect the availability of the Affiliate Services, the Affiliate Account, Actions, Payment Methods, or the ability to access or use the Affiliate Platform. 9.5. JOI Partners shall not be responsible for any interruption, delay, malfunction, or degradation in the performance of the Affiliate Services caused by the Affiliate’s device, equipment, software, internet connection, or other technical circumstances beyond JOI Partners’ reasonable control. 9.6. The Software is provided “as is”, without warranty of any kind. JOI Partners does not guarantee error-free or uninterrupted work of the Software. The Affiliate agrees to use the Software at its own risk and that its use is not dependent on JOI Partners. 10. CLAIMS 10.1. The Affiliate must send their complaints to JOI Partners in accordance with the terms, rules, and conditions stated below. 10.2. Any complaints relating to the Affiliate Services of JOI Partners must be submitted within thirty (30) calendar days from the date of the relevant incident or occurrence. Any complaints arising after the expiration of this period may be rejected by JOI Partners in accordance with its internal policies. 10.3. JOI Partners reserves the right to record and retain any communications, correspondence, or telephone conversations relating to any complaint submitted by the Affiliate. Such records may be used for complaint handling, dispute resolution, compliance, security, fraud prevention, and evidentiary purposes in accordance with applicable law. 10.4. The Affiliate has the right to send a formal complaint asserted by the Affiliate against JOI Partners in relation to the Affiliate Services (the Claim), provided that such a request is properly submitted in accordance with the applicable procedure. 10.5. The official means of communication regarding the Claims is the registered email of the Affiliate. The Affiliate may send the Claim via email or via the Affiliate Members Area. The Claims posted in third-party resources, in personal communications with employees, in chats, and on social network accounts (even in the Official Communication Channels) are not considered Claims. 10.6. The official email for the purpose of the Claims: claims@joi.partners. 10.7. All official correspondence and notices between the Affiliate and JOI Partners must be in writing, in English, and sent to and from the Affiliate's registered email address. 10.8. Only the Affiliate of JOI Partners is allowed to raise the Claim. 10.9. JOI Partners reserves the right to provide an initial response to the Claim within 7 working days and make a final decision within 30 working days. Complex matters may require additional time, in which case JOI Partners should provide a status update. 10.10. JOI Partners’ Action Logs prevail and constitute final and conclusive evidence of any complaints of the Affiliate. 10.11. All complaints and their resolution processes are strictly confidential and private. In the event of any breach of this confidentiality obligation by the Affiliate, JOI Partners reserves the right, in accordance with its internal policies, to discontinue any amicable settlement discussions, complaint resolution procedures, or compromise negotiations and to proceed strictly in accordance with applicable law, regulatory requirements, internal policies, and formal dispute resolution procedures. 10.12. To the maximum extent permitted by applicable law, JOI Partners shall not be liable for any loss, damage, cost, or expense, whether direct, indirect, incidental, consequential, special, punitive, or otherwise, arising out of or in connection with the JOI Partners’ failure, delay, interruption, or inability to perform its obligations under these Terms, except where such liability cannot be excluded or limited under applicable law, including liability for death or personal injury caused by JOI Partners’ negligence, fraud, or willful misconduct. Without limitation, JOI Partners shall not be liable where any loss or damage results from:
10.13. JOI Partners shall not be liable for any business losses, commercial losses, loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of anticipated savings, or any other commercial or economic damages suffered by the Affiliate. 10.14. Subject to applicable law and except for liability which cannot lawfully be excluded or limited, the total aggregate liability of JOI Partners arising out of or in connection with these Affiliate Terms shall not exceed the lesser of:
This limitation of liability applies to all claims, actions, losses, damages, costs, and expenses, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise. 10.15. JOI Partners shall not be liable for any failure, interruption, delay, suspension, malfunction, degradation, or unavailability of the Affiliate Services, the Affiliate Platform, JOI Partners' Websites; or unavailability of the Services of the Brand, the Platform of the Brand, the Websites of the Brand; or any related activities arising out of or caused by events, circumstances, or causes beyond the reasonable control of JOI Partners or the Brand (“Force Majeure Events”), including where JOI Partners has implemented reasonable preventive, security, and business continuity measures. Force Majeure Events may include, without limitation, natural disasters, acts of God, fire, flood, earthquake, severe weather conditions, epidemics, pandemics, public health emergencies, war, terrorism, civil unrest, riots, labor disputes, strikes, lockouts, industrial or trade disputes, governmental actions, sanctions, embargoes, changes in applicable laws or regulations, actions of regulatory authorities, failures or interruptions of telecommunications networks, internet service providers, hosting providers, cloud infrastructure providers, payment systems, banking systems, blockchain networks, utility services, or other third-party services, cyberattacks, hacking incidents, denial-of-service attacks (DDoS), malicious software, unauthorized access, technical malfunctions, Software failures, hardware failures, power outages, or any other events or circumstances beyond the reasonable control of JOI Partners or the Brand. During the existence of a Force Majeure Event, JOI Partners reserves the right to suspend, limit, modify, or discontinue the Affiliate Services or any part thereof to the extent reasonably necessary to prevent, mitigate, or respond to the effects of such Force Majeure Event. 11. INTELLECTUAL PROPERTY TERMS 11.1. JOI Partners is the owner or licensee of the rights to the trademarks and logos presented on JOI Partners' Websites or in the Affiliate Platform. Any unauthorized use of these trademarks and logos may result in legal action. 11.2. The Software available to the Affiliate is the property of JOI Partners or third parties. The Software is protected by copyright and other intellectual property laws. 11.3. JOI Partners is the owner or licensee of the rights to the Software used to perform the Affiliate Services. 11.4. The Affiliate is obliged to use the Software solely for their personal purposes. In the event of a violation, JOI Partners may impose the Affiliate Account Restrictions and take appropriate legal or any other measures in accordance with its internal policies. 11.5. JOI Partners grants the Affiliate a non-exclusive, limited, non-transferable, and non-sublicensable right to access and use the Affiliate Services and to use approved Marketing Materials solely to promote the Affiliate Services, Affiliate Platform, JOI Partners’ Websites and the same for the Brand through approved Affiliate Resources This right terminates automatically upon the Affiliate Agreement's termination or expiry. 11.6. Except for the content created by the Affiliate, the Affiliate is strictly prohibited from modifying, publishing, transmitting, selling, reproducing, uploading, distributing, displaying, creating derivative works of, or otherwise exploiting the Affiliate Services, its content, or the embedded Software, unless expressly permitted by JOI Partners. 11.7. The Affiliate shall not register, acquire, use, sell, or control domains, applications, pages, profiles, accounts, business names, marks, or other identifiers containing or confusingly similar to JOI Partners’ or the Brand’s intellectual property, including misspellings, without prior written approval. 11.8. The Affiliate shall not challenge, assist a challenge to, or claim ownership of JOI Partners’ or the Brand’s intellectual property or remove proprietary notices. 11.9. The Affiliate shall not use the name, image, likeness, voice, or content of ambassadors, employees, contractors, or commercial partners associated with JOI Partners or the Brand without prior written approval. 11.10. JOI Partners may withdraw or modify any authorization under this section. The Affiliate shall cease the relevant use promptly upon notice and immediately upon termination. 11.11. The information, including links to the pages containing the information and screenshots of the information, presented on JOI Partners' Websites may not be placed on any other websites or other means without JOI Partners' prior written consent. 11.12. The Affiliate is prohibited from transmitting any content of other Affiliate Service information to another Affiliate or any third party by taking screenshots or similar methods, or from displaying such information or content in a frame or similar manner that differs from how it would be displayed if the Affiliate or third party entered the related URL into a browser address bar. 11.13. The Affiliate must not collect any information under intellectual property rights. 11.14. Any failure by the Affiliate to comply with this section may be considered a breach of JOI Partners' or third parties' intellectual property rights and other proprietary rights, which may result in the Affiliate's exposure to civil or criminal liability. 12. MARKETING AND ADVERTISING RULES 12.1. The Affiliate shall promote the Affiliate Services, the Affiliate Platform, JOI Partners’ Websites, and the same for the Brands lawfully, responsibly, accurately, transparently, and professionally. 12.2. The Affiliate shall comply with applicable advertising, consumer-protection, data-protection, electronic-communications, sanctions, anti-bribery, anti-money laundering, and any applicable requirements in each market it targets. 12.3. Promotional content shall be fair, clear, not misleading, and consistent with current offers and Marketing Materials. The Affiliate shall not make guarantees, claims, or representations on behalf of the Brand or JOI Partners unless expressly authorized. 12.4. The Affiliate shall not harm or reasonably be expected to harm the reputation, goodwill, license status, regulatory standing, or commercial relationships of the Brand or JOI Partners. 12.5. The Affiliate shall maintain accurate records sufficient to demonstrate compliance, including records of traffic sources, campaigns, placements, consent where required, and Sub-Affiliate activity, for at least twenty-four (24) months or longer where required. 12.6. The Affiliate bears all costs and expenses of its marketing activities unless otherwise agreed in writing. 12.7. The Affiliate is responsible for its personnel, contractors, agencies, and Sub-Affiliates and shall ensure that they comply with the Affiliate Agreement. Their acts and omissions shall be treated as those of the Affiliate for the purposes of the Affiliate Agreement. 12.8. The Affiliate may use Marketing Materials made available by JOI Partners, in cooperation with the Brand, or create its own promotional materials, provided that all such materials comply with the Affiliate Agreement, JOI Partners’ or the Brand’s guidelines, applicable law, and any instructions issued from time to time. 12.9. Provided Marketing Materials shall not be materially altered without prior written approval, except for technical resizing that does not change the content, meaning, mandatory wording, or appearance. 12.10. JOI Partners is not obliged to monitor or supervise the Affiliate’s marketing materials or promotional activities, but may review them from time to time and require the Affiliate to remove, modify, or cease using any materials that JOI Partners considers non-compliant. 12.11. The Affiliate is responsible for correct implementation, placement, and functioning of Marketing Materials and Affiliate Links on Affiliate Resources. 12.12. Affiliate Resources and promotional content shall not infringe third-party rights, contain unlawful or harmful material, misrepresent affiliation with the Brand or JOI Partners, or expose the Brand or JOI Partners to liability. 12.13. Where prior approval is required by JOI Partners’ written guidelines or a market-specific instruction, the Affiliate shall obtain approval before publication. Approval does not transfer the Affiliate’s compliance responsibility to JOI Partners. 12.14. The Affiliate shall not target or knowingly appeal primarily to minors, persons below the legal age, or vulnerable persons of any type. 12.15. The Affiliate shall not target a Restricted Territory or use methods intended to circumvent geo-restrictions, sanctions controls, or client eligibility requirements. 12.16. The Affiliate shall comply with applicable privacy, cookie, direct-marketing, advertising, and electronic-communications requirements and shall maintain all required consents and opt-out mechanisms. 12.17. JOI Partners may require removal, correction, or suspension of any Marketing Material, placement, campaign, or Affiliate Resource that it reasonably considers inaccurate, outdated, non-compliant, misleading, harmful, or inconsistent with JOI Partners’ instructions. The Affiliate shall comply promptly and, where a specific period is stated, within that period. 12.18. JOI Partners may replace, withdraw, or restrict Marketing Materials and may issue updated operational guidelines through the Affiliate Platform without re-signing the Affiliate Agreement. 12.19. The Affiliate shall promptly notify JOI Partners of material changes to Affiliate Resources, domain names, ownership or control, principal traffic sources, target markets, or the addition of third-party banners or offers that may create compliance, brand, or conflict concerns. 12.20. Upon termination, expiry, suspension, or withdrawal of authorization, the Affiliate shall immediately cease using the affected Marketing Materials and JOI Partners’ or the Brand’s intellectual property. 13. BRAND OBLIGATIONS 13.1. The Brand, in cooperation with JOI Partners, shall provide the Affiliate with reasonable access to the Affiliate Platform, Affiliate Links, available Marketing Materials, and reporting functionality. 13.2. The Brand, in cooperation with JOI Partners, shall use commercially reasonable efforts to operate the Affiliate Platform and calculate Commission accurately. The Affiliate acknowledges that tracking may be affected by technical limitations and circumstances outside JOI Partners’ or the Brand's reasonable control. 13.3. Subject to the Affiliate’s compliance with the Affiliate Agreement, the Brand, in cooperation with JOI Partners, shall calculate and pay approved Commission in accordance with the applicable Commission Structure and accorded Payout rules. 13.4. The Affiliate Program and related tools are provided on an “as available” basis. Neither the Brand nor JOI Partners guarantee uninterrupted availability, compatibility with the Affiliate’s systems, any minimum volume of traffic or Referrals, or any particular earnings or commercial result. 14. TRAFFIC REVIEW, VALIDATION AND AUDIT 14.1. JOI Partners may monitor and review traffic sources, promotional activities, acquisition methods, client patterns, technical data, and Commission Payouts. The Affiliate shall provide requested information and supporting records within the period reasonably specified. 14.2. Traffic quality and compliance may be assessed using the Affiliate Platform, Referral and payment data, technical indicators, third-party tools, complaints, regulatory information, and JOI Partners’ internal controls. Decisions shall be made reasonably and in good faith based on the information available. 14.3. During a review, audit, or investigation, JOI Partners may temporarily withhold the affected payment for up to two (2) months. If the review cannot reasonably be completed within that period because of third-party, law-enforcement, regulatory, payment-provider, or Affiliate delay, JOI Partners may extend the hold by written notice explaining the general reason and anticipated next review point. 14.4. Traffic or activity that cannot be reasonably verified, does not satisfy agreed criteria, or breaches the Affiliate Agreement may be excluded from Commission calculations. 14.5. JOI Partners may require the Affiliate to stop or modify a traffic source while it is under review. Continued use after notice may constitute a material breach. 14.6. Where practicable and legally permitted, JOI Partners shall provide a concise explanation of a material adverse traffic-quality decision and identify the affected period, source, or category. JOI Partners need not disclose confidential detection methods, security controls, personal data, privileged material, or information that could facilitate circumvention. 15. REFERRAL QUALIFICATION AND ATTRIBUTION 15.1. A Referral is a Qualified Referral only if the they: (a) registers through a valid Affiliate Link or another approved attribution method; 15.2. JOI Partners may disqualify or remove attribution of a Referral reasonably identified as fraudulent, duplicate, self-excluded, blocked, ineligible, located in a Restricted Territory, linked to the Affiliate or another excluded person, or otherwise non-compliant. 15.3. Unless otherwise confirmed in writing, attribution is determined by the latest valid Affiliate Link recorded before registration. A later valid referral interaction may replace earlier stored attribution. 15.4. Referral tracking remains valid for thirty (30) calendar days from the latest valid referral event. Attribution expires if registration is not completed during that period. 15.5. The Affiliate acknowledges that attribution may fail or be inaccurate due to cookie deletion, tracking prevention, browser or device restrictions, network conditions, device changes, invalid implementation, or other circumstances outside JOI Partners’ reasonable control. No Commission is due where a Referral is not recorded by the Affiliate Platform, except where the JOI Partners verifies a manifest tracking error in its systems. 15.6. Postbacks and third-party reports are provided for operational convenience and do not independently establish Commission entitlement. JOI Partners’ validated Affiliate Platform records govern unless the Affiliate demonstrates a clear and material error within the dispute period. 16. COMMISSION STRUCTURES 16.1. The applicable Commission Structure, rates, qualification criteria, brands, territories, caps, trial targets, and other commercial terms shall be confirmed in writing. Commission is calculated in USD unless otherwise agreed. 16.2. Revenue Share. The Affiliate shall receive a Revenue Share calculated as a percentage of the Affiliate NGR generated by Qualified Referrals. The applicable Revenue Share percentage shall be determined in accordance with the performance tiers established by JOI Partners. The Affiliate's applicable tier shall be based on performance criteria determined by JOI Partners, including, without limitation, the number of Qualified Referrals attracted by the Affiliate and the Affiliate NGR generated by such Qualified Referrals. The applicable Revenue Share percentage and the relevant tier criteria shall be communicated to the Affiliate in writing or made available in the Affiliate Platform. 16.3. If the Affiliate generates no Qualified Referrals during a calendar month, JOI Partners may prospectively reduce the Revenue Share rate or terminate the Affiliate Agreement by notice. Any reduction shall not retroactively affect Commission already accrued for a closed Reporting Period, except for subsequent validation, correction, Fraud, Invalid Traffic, Chargebacks, or other adjustments permitted by the Affiliate Agreement. 16.4. CPA. The Affiliate shall receive the agreed fixed amount for each Qualified Referral satisfying the confirmed CPA criteria. 16.5. A CPA arrangement may include a trial period and performance or quality targets confirmed in writing. If the Affiliate does not meet those targets, JOI Partners may prospectively move the Affiliate to Revenue Share or revise or terminate the CPA arrangement. 16.6. CPA Commission applies only to eligible Qualified Referrals. Duplicate, self-excluded, blocked, fraudulent, invalid, or otherwise ineligible Referrals shall be excluded. 16.7. For the purposes of CPA qualification, JOI Partners may assess the deposit behaviour of all Referrals who made at least one deposit during the applicable assessment period. If more than twenty percent (20%) of those depositing Referrals made only one deposit, JOI Partners may exclude such one-deposit Referrals from CPA calculations or reassign them to Revenue Share. The applicable assessment period and treatment shall be stated in the commercial terms or, if not stated, shall be the relevant Reporting Period. 16.8. Hybrid. Under a Hybrid model, the Affiliate shall receive CPA and Revenue Share in the amounts confirmed by JOI Partners. 16.9. If the Affiliate generates no Qualified Referrals for three (3) consecutive calendar months, JOI Partners may prospectively change the Commission Structure to twenty percent (20%) Revenue Share by notice. 16.10. Sub-Affiliate remuneration is available only with prior JOI Partners approval. The Affiliate shall follow JOI Partners’ onboarding instructions. Commission shall be calculated only on Commission validly generated by approved Sub-Affiliates and may be adjusted where the underlying Commission is adjusted. 16.11. JOI Partners does not apply negative carryover as a general rule, but reserves the right to apply it in exact cases. The applicable terms may vary depending on the commercial arrangement agreed between JOI Partners and the Affiliate. The Affiliate should confirm the applicable terms with JOI Partners before participating in the Affiliate Program. 16.12. The Affiliate Platform displays the current Commission Structure and operational details. In the event of a discrepancy, the order of precedence in Section 1.31 applies. 17. PAYOUTS, ADJUSTMENTS AND CLAWBACK 17.1. Approved Commission shall ordinarily be processed on the Payment Date following the end of the relevant Reporting Period, provided that all validation, due-diligence, invoicing (if required), payment-detail, and minimum-threshold conditions are satisfied. 17.2. The Payment is due only when the approved balance reaches USD 50. A lower balance shall be carried forward to a later payment cycle. 17.3. JOI Partners may recalculate Commission and deduct, offset, reverse, or recover amounts connected with corrections, duplicate entries, Chargebacks, refunds, voided Transactions, canceled Transactions, technical or reporting errors, Fraud, Invalid Traffic, bonus abuse, prohibited territories, ineligible clients, AML or sanctions concerns, or any other activity that did not validly qualify for Commission. 17.4. Where Commission has already been paid in respect of activity described, the amount constitutes a debt due to JOI Partners. JOI Partners may offset it against current or future Commission or request repayment within fourteen (14) calendar days. Recovery shall be limited to the amount improperly paid and reasonable direct recovery costs, rather than an additional penalty. 18. REPORTING, RECORDS AND DISCREPANCIES 18.1. JOI Partners shall provide available reporting in the Affiliate Platform, which may include clicks, registrations, deposits, Affiliate NGR, and Commission. 18.2. The Affiliate Platform is indicative and may be subject to validation, delay, correction, and adjustment. JOI Partners’ validated internal records shall prevail unless the Affiliate demonstrates a clear error. 18.3. The Affiliate shall notify JOI Partners in writing of any apparent reporting or Payouts discrepancy within fourteen (14) calendar days after the relevant data or Payout statement becomes available. The notice shall identify the disputed item and include supporting evidence. Failure to notify within that period constitutes acceptance, except in the case of manifest error or Fraud. 19. DATA PROTECTION 19.1. Each Party shall comply with data-protection and privacy laws applicable to its processing activities. Each Party acts as an independent controller unless otherwise agreed in writing. 19.2. The Affiliate shall collect and use personal data only on a lawful basis, provide required privacy notices, maintain appropriate security, and honour data-subject rights and marketing opt-outs. 19.3. The Affiliate shall not provide JOI Partners with purchased, scraped, unlawfully obtained, or special-category personal data unless expressly authorized and legally permitted. 19.4. The Affiliate shall notify JOI Partners without undue delay of a personal-data breach or security incident that may affect JOI Partners, Referrals, or the Brand and shall reasonably cooperate in remediation. 20. CONFIDENTIALITY 20.1. Each Party shall keep confidential all non-public commercial, technical, security, financial, personal, and operational information received from the other Party in connection with the Affiliate Terms. 20.2. Confidential information may be used only to perform or enforce the Affiliate Agreement and may be disclosed only to personnel, advisers, contractors, authorities, or service providers who need to know it and are subject to appropriate confidentiality obligations, or where disclosure is required by law. 20.3. Confidentiality does not apply to information that is lawfully public, already known without restriction, independently developed, or lawfully received from a third party. 20.4. JOI Partners may identify the Affiliate as a participant in the Affiliate Program for ordinary business and promotional purposes unless the Affiliate reasonably objects in writing. Neither Party shall publicly disclose confidential commercial terms without the other Party’s prior written consent. Any unauthorized disclosure of confidential commercial terms may constitute a material breach of the Affiliate Agreement and may result in termination. 20.5. These obligations survive termination for three (3) years, except that trade secrets and personal data remain protected for as long as required by law or while they retain their confidential nature. 21. SUSPENSION AND TERMINATION 21.1. Either Party may terminate without cause on thirty (30) calendar days’ written notice. 21.2. JOI Partners may suspend or terminate immediately for material breach, Fraud, Invalid Traffic, legal or regulatory risk, sanctions or AML concerns, serious brand misuse, non-cooperation with due diligence, threat to security or clients, insolvency, or conduct likely to harm JOI Partners’ reputation or business. 21.3. During suspension, the Affiliate shall stop affected promotional activity if instructed, and JOI Partners may disable Affiliate Links, restrict access, and withhold affected Commission pending review. 21.4. On termination, the Affiliate shall cease promotion, remove Affiliate Links and Marketing Materials, stop using JOI Partners’ or Brand’s intellectual property, and return or delete Confidential Information where reasonably requested. 21.5. Subject to validation and JOI Partners’ rights to withhold, adjust, set off, reverse, or claw back Commission in accordance with the Affiliate Agreement, any valid Commission accrued up to the effective termination date shall remain payable in the ordinary payment cycle. No Commission shall accrue after termination unless expressly agreed by the Parties in writing. 21.6. If no successful Payment is completed and funds remain unclaimed for six (6) continuous months, JOI Partners reserves the right to deduct an inactivity fee of 5 USD or 5% of the Affiliate Account balance per month. 21.7. If inactivity continues for a further six (6) months, JOI Partners may close the Affiliate Account after reasonable notice. Any remaining balance may be written off. 21.8. Where the Affiliate Account is restricted, suspended, or under review and the Affiliate fails for thirty (30) calendar days to provide requested information or resolve the relevant issue, JOI Partners may close the account and terminate participation. Unpaid amounts may be cancelled only where they are affected by Fraud, Invalid Traffic, breach, legal prohibition, or another express adjustment right; otherwise they shall be handled under this section. 21.9. Termination does not affect accrued rights, payment and clawback obligations, confidentiality, intellectual property, data protection, liability, indemnity, dispute, governing-law, or other provisions intended to survive. 22. PRIVACY POLICY 22.1. Introduction This Privacy Policy describes how JOI Partners collects, uses, stores, processes, discloses, transfers, and protects Personal Data in connection with the use of the Affiliate Services and any related products or activities. By accessing or using the Affiliate Services, the Affiliate acknowledges that they have read, understood, and accepted this Privacy Policy. 22.2. Categories of Personal Data Collected JOI Partners may collect and process the following categories of Personal Data: 22.2.1. Identification Data
22.2.2. Contact Data
22.2.3. Account and Technical Data
22.2.4. Financial and Transaction Data
22.2.5. Compliance and Verification Data
22.2.6. Communication Data
22.3. Sources of Personal Data JOI Partners may collect Personal Data:
22.4. Purposes of Processing JOI Partners may process Personal Data for the following purposes:
22.5. Legal Bases for Processing Where applicable law requires, JOI Partners processes Personal Data on the basis of:
22.6. Disclosure of Personal Data JOI Partners may disclose Personal Data to:
JOI Partners may also disclose Personal Data where required or permitted by applicable law. 22.7. International Transfers The Affiliate acknowledges that Personal Data may be transferred to and processed in jurisdictions outside the Affiliate’s country of residence, including jurisdictions that may not provide the same level of data protection. Where required, JOI Partners shall implement reasonable safeguards and transfer mechanisms in accordance with applicable data protection laws. 22.8. Data Retention JOI Partners shall retain Personal Data for as long as necessary to:
Retention periods may vary depending on the type of Personal Data and applicable legal requirements. 22.9. Security Measures JOI Partners implements reasonable administrative, technical, organizational, and physical security measures designed to protect Personal Data against unauthorized access, disclosure, loss, misuse, alteration, or destruction. Such measures may include:
However, no transmission or storage system can be guaranteed to be completely secure, and JOI Partners cannot guarantee absolute security of Personal Data. 22.10. Cookies and Tracking Technologies JOI Partners may use cookies, pixels, SDKs, analytics tools, and similar technologies to:
The Affiliate may manage cookie preferences through browser settings or the Cookies Policy. 22.11. Marketing Communications Where permitted by applicable law, JOI Partners may send marketing communications relating to:
The Affiliate may opt out of marketing communications at any time. 22.12. Compliance Monitoring JOI Partners may process Personal Data for fraud prevention, AML monitoring, sanctions compliance, security investigations, and detection of suspicious or unlawful activities. 22.13. Affiliate Rights Subject to applicable law, the Affiliate may have the right to:
Requests may be subject to identity verification and applicable legal limitations. 22.14. Minors The Affiliate Services are not intended for persons under the legal age applicable in their jurisdiction. JOI Partners does not knowingly collect Personal Data from minors. 22.15. Automated Decision-Making JOI Partners may use automated systems and profiling tools for:
Such processing may result in automated restrictions, suspensions, or enhanced verification procedures. 22.16. Changes to this Privacy Policy JOI Partners reserves the right to amend, modify, or update this Privacy Policy at any time without prior notice. Any updated version becomes effective upon publication on JOI Partners' Websites or the Affiliate Platform unless otherwise required by applicable law. 22.17. Contact Information Questions, requests, or complaints relating to this Privacy Policy or Personal Data processing may be submitted to claims@joi.partners. |