1. Definitions:
In this Commission Schedule the following words and expressions shall have the following meanings:
1.1. 'Charge Back': Where a Customer or the credit card issuing bank or any other third party payment solution provider effects a reversal of charges in relation to a credit card or third party purchase transaction and for the purposes of calculating Affiliate Net Win and Net Rake is regarded as Fraud.
1.2.'Commencement Date': the first day of the month following the month in which the Affiliate has selected his/her deal with ReferBack.
1.3 'Customer': a player at a Merchant Casino, Poker Room or Bingo Room who has opened an account thereat as a result of an Affiliate?s efforts under and pursuant to this his/ her membership in the Referback Affiliate Program (and may, for the purposes hereof include a New Casino customer, New Poker Customer or New Bingo Room Customer (as applicable)).
1.4. 'Fraud Costs': Any costs (financial or otherwise) that Referback or the Merchant incur as a direct or indirect result of Fraudulent Activity by an Affiliate, an Affiliate?s employees and/ or Customers.
1.5.'Fraudulent Activity': A deception which in the sole opinion of Referback is deliberately practiced by a Customer or an Affiliate in order to secure a real or potential, unfair or unlawful gain (which may include Fraud Costs).
1.6.'Merchant Casino': an online casino operated by the Merchant.
1.7.'Merchant Poker Room': an online poker room operated by the Merchant.
1.8 'Merchant Bingo Room': an online bingo room operated by the Merchant.
1.9.'New Casino Customer': A player who is referred to a Merchant Casino by an Affiliate? which player does not at such juncture have an existing account at the Merchant Casino or any of the other Merchant Casinos or Poker Rooms
1.10 'Contributed Rake' is defined as the rake divided by the number of players contributing to the pot. As an example, if there are 10 players dealt cards, and 1 player bets and 1 player calls, and everyone else folds in the pot (including the blinds) and the rake is $1, then the contributed rake for each of the 4 contributing players (the bettor, the caller and the 2 blinds) is $0.25c
1.11.'New Poker Room Customer': A player who is referred to a Merchant Poker Room by an Affiliate which player does not at such juncture have an existing account at? the? Merchant Poker Room and who has EITHER (i) made his/her first successful purchase and has played at the Merchant Poker Room/s using such account OR (ii) raked his/ her first 20 hands.
1.12 'New Bingo Room Player': A player who is referred to a Merchant Bingo Room by an Affiliate which player does not at such juncture have an existing account at the? Merchant Bingo Room.
To the extent that a term has not been defined in this Commission Schedule it shall have the meaning ascribed to it under Section 1 (Definitions) of the Referback Terms and Conditions.
2. Commission: Choice, Selection and Calculation
2.1. Upon appointment as an Affiliate of the Affiliate Program, such Affiliate shall be required to select one of the Casino and Bingo Commission Models and the Classic or CPA Poker Commission Model.
2.2. Should no selection be made by a new or existing Affiliate, such Affiliate shall be deemed to have selected the Classic Casino, Poker and Bingo Commission Model.
2.3. Once an Affiliate makes his/ her selection of a Casino, Poker and Bingo Commission Model , he/ she shall not be entitled to change such selection for a period of 12 months from the date such selection was made by the Affiliate and confirmed by Referback.
2.4. In brief the choice of Casino, Poker and Bingo Commission Models? (as amplified below in this Commission Schedule) is a follows:
2.4.1. Classic Casino Commission Model - Revenue Share: a tiered percentage of the Casino Affiliate Net Win received from New Casino Customers referred by an Affiliate; OR
2.4.2. High Roller Casino Commission Model - Limited Term Revenue Share: a percentage of the Casino Net Win received from New? Casino Customers referred by an Affiliate and paid over a set term; OR
2.4.3. Partner Deal Casino Commission Model - Fixed CPA plus Revenue Share: a set amount paid to an Affiliate based on the number of New Casino Customers plus a percentage of the Casino Affiliate Net Win received from such New Casino Customers referred by an Affiliate.
2.4.4. Classic Poker Commission Model - Revenue Share: a tiered percentage of the Poker Net Rake received from New Poker Players referred by an Affiliate; OR
2.4.5. CPA Poker Commission Model - CPA tiered based on the number of New Poker players referred by an Affiliate.
2.4.6 Classic Bingo Deal - Revenue Share: 30% of Bingo Affiliate Net Win received from new Bingo Customers that have been referred by an affiliate.
3. Calculation of Classic Casino Commission
3.2. Such Classic Casino Commission shall be calculated as follows:
3.2.1. If in a calendar month the number of new? Casino Customers referred by the Affiliate is equal to 0 (zero) such Affiliate will earn 20% Commission of the Casino Affiliate Net Win generated by such Affiliate?s existing Casino Accounts; OR
3.2.2. If in a calendar month the number of New Casino Customers referred by an Affiliate is greater than or equal to 1 and the Casino Affiliate Net Win generated by all Casino Customers referred by such Affiliate in such calendar month is less than or equal to US $15,000.00 such Affiliate will earn 25% Commission of the Casino Affiliate Net Win; OR
3.2.3. If in a calendar month the number of New Casino Customers referred by an Affiliate is greater than or equal to 1 and the Casino Affiliate Net Win generated by all Casino Customers referred by such Affiliate in such calendar month is greater than US $15,000.00 but less than or equal to US $30,000.00 such Affiliate will earn 30% Commission of the Casino Affiliate Net Win; OR
3.2.4. If in a calendar month the number of New Casino Customers referred by an Affiliate is greater than or equal to 1 and the Casino Affiliate Net Win generated by all Casino Customers referred by such Affiliate in such calendar month is greater than US $30,000.00 such Affiliate will earn 35% Commission of the Casino Affiliate Net Win.
3.3. For the purposes of this clause 3 the following terms shall have the following meanings:
3.3.1. Casino Account: an account opened by a Customer at any Merchant Casino.
3.3.2. Casino Affiliate Net Win: Gross-Win less Non-Cash less Progressive Contributions (progressive games only) less Processing Costs.
3.3.3. Fraud: any conduct that the Merchant in its sole discretion determines to be fraudulent conduct which shall include, but not be limited to, fraudulent credit card transactions and / or Charge Backs.
3.3.4. Gross Win: the total revenue generated by a Merchant Casino as a result of Customer losses less Customer winnings by New Casino Customers introduced to the Merchant Casino by an Affiliate.
3.3.5. Non-Cash Items: the value of free credits or Free Spins or Cash handed out to players by a Merchant Casino.
3.3.6. Cash: a monetary value or cash spent on incentives and value added services.
3.3.7. Progressive Contributions: a percentage of revenue generated on any progressive game that is paid over by a Merchant Casino into a progressive pool.
3.4. In the calculation of Commission where Casino Affiliate Net Win in a given calendar month is negative due to Customer winnings and/ or Non Cash Items and/ or Cash Items and/ or Progressive Contributions said balance will not be carried over into the following month. A negative balance due to Fraud Costs will be carried over into the following months.
Top4. Calculation of High Roller Casino Commission
4.1. An Affiliate will earn a once - off High Roller Casino Commission of 50% of the Casino Affiliate Net Win per New? Casino Customer for a limited period of no longer than 3 consecutive months.
4.2. Such High Roller Casino Commission shall be calculated and paid as follows:
4.2.1. As of the Commencement Date of the High Roller Casino Commission Model:
4.2.1.1. An Affiliate will be paid 50% of the Casino Affiliate Net Win of every New Casino Customer referred by such Affiliate.
4.2.1.2. The High Roller Casino Commission will be paid for a maximum period of 3 consecutive months and will only relate to the New Casino Customer?s play activity at the Merchant during such 3 month period or such lesser period that the New Casino Customer remains a Customer of the Merchant, in which event an Affiliate shall only be paid High Roller Casino Commission for such lesser period.
4.2.1.3 The High roller commission will only be paid once a new player has deposited at least $20 at any of the Merchant Casinos
4.3. For the purposes of this Clause 4 the terms Casino Affiliate Net Win, Fraud, Gross Win, Non-Cash Items, Cash and Progressive Contributions shall have the meanings ascribed to them under Clause 3 above.
4.4. Save as afore-going, the Affiliate shall not be entitled to any further Commission on such New Casino Customer.
4.5. A negative balance due to Fraud Costs will be carried over.
5. Calculation of Partner Deal Casino Commission
5.1. An Affiliate will earn up to $200 per New Casino Customer and 25% Commission of the Casino Affiliate Net Win generated by the Merchant from such New Casino Customer.
5.2. Such Partner Deal Casino Commission shall be calculated and paid as follows:
5.2.1. As of the Commencement Date of the Partner Deal Casino Commission Model:
5.2.1.1. In a calendar month an Affiliate will earn $50 Partner Deal Commission for every New Casino Customer who has made four successful purchase at the same Merchant Casino in separate months.
5.2.1.2. provided that the Affiliate shall be paid no more than 4 tranches of $50 Partner Deal Casino Commission in total Commission on such New? Casino Customer.
5.2.1.3. In addition to the afore-going, such Affiliate will earn 25% Partner Deal Casino Commission of the Casino Affiliate Net Win generated by the Merchant from such New Casino Customer.
5.2.1.4. The Partner Deal Casino commission will only be paid once a new player has deposited at least $20 at any of the Merchant Casinos.
5.3. A negative balance due to Fraud Costs will be carried over.
5.4. For the purposes of this Clause 5 the terms Casino Net Win, Fraud, Gross Win, Non- Cash Items, Cash and Progressive Contributions shall have the meanings ascribed to them under Clause 3 above.
Top6. Calculation of Classic Poker Commission
6.1. An Affiliate will earn Poker Commission based on:
6.1.1. The Poker Affiliate Net Rake; and/ or
6.1.2. The Poker Affiliate Net Rake generated by Second-tier Affiliates.
6.2. Such Poker Commission shall be calculated as follows:
6.2.1. If in a calendar month the Poker Affiliate Net Rake generated by an Affiliate for the Merchant Poker Room is less than or equal to US $5,000.00 such Affiliate will earn 20% Commission on the Poker Affiliate Net Rake generated by him/ her; OR
6.2.2. If in a calendar month the Poker Affiliate Net Rake generated by such Affiliate for the Merchant Poker Room is greater than US $5,000.00 but less than or equal to $10,000.00 such Affiliate will earn 25% Commission on the Poker Affiliate Net Rake generated by him/ her; OR
6.2.3. If in a calendar month the Poker Affiliate Net Rake generated by such Affiliate for the Merchant Poker Room is greater than US $10,000.00 such Affiliate will earn 30% Commission on the aggregate Poker Affiliate Net Rake generated by him/ her.
6.3. In order to qualify for the Commissions set out in Clauses 6.2.2 and 6.2.3 above an Affiliate must in each relevant calendar month meet both the Poker Affiliate Net Rake requirements and refer at least 1 New Poker Customer in order to earn the set Poker Commission level. Should an Affiliate not refer at least 1 (one) New Poker Room Customer the Affiliate will earn commission on the 20% Commission tier.
6.4. For the purposes of this clause 6 the following terms shall have the following meanings:
6.4.1. Poker Affiliate Net Rake: Poker Affiliate Net Rake refers to the sum total of all Customer "Contributed Rake", less comps, less Charge-Backs and processing charges and/or or any uncollectible revenue attributable to the New Poker Room Customers. Should the comps push an Affiliate?s Poker commission into a negative balance; this negative balance will be zeroed at the end of the month.
6.4.2. Contributed Rake: the rake divided by the number of players contributing to the pot. As an example, if there are 10 players dealt cards, and 1 player bets and 1 player calls, and everyone else folds in the pot (including the blinds) and the rake is $1, then the contributed rake for each of the 4 contributing players (the bettor, the caller and the 2 blinds) is $0.25c.
6.4.3. Fraud: any conduct that the Merchant in its sole discretion determines to be fraudulent conduct which shall include, but not be limited to, fraudulent credit card transactions and / or Charge Backs.
6.4.4. Gross Rake the total revenue generated as a result of all raked hands by all New Room Poker Players introduced to the Merchant Poker Room by an Affiliate.
6.4.5. Bonus-Cash Items: the value of free credits or cash handed out to the Merchants Poker Room Customers.
6.4.6 Cash: a monetary value or cash spent on incentives and value added services.
6.5. In the calculation of Commission where Affiliate Net Rake is negative due to Customer Free Cash Items and/ or Cash Items and Fraud costs, negative balance will be carried over and will not be set to zero.
7. Calculation of the tiered Poker CPA Commission Model
Poker Affiliate CPA is paid on the referral of New Poker Room Customers.
7.1 If an Affiliate refers between 1 and 10 New Poker Room Customers to the Merchant Poker Room in a calendar month the Affiliate will earn a CPA of $50 per New Poker Room Customer so referred.
7.2 If an Affiliate refers between 11 and 25 New Poker Room Customers to the Merchant Poker Room in a calendar month the Affiliate will earn a CPA of $50 for the first 10 New Poker Room Customers and will earn $115 per New Poker Room Customer from 11 to 25 New Poker Room Customers so referred.
7.3 If an Affiliate refers more than 25? New Poker Room Customers to the Merchant Poker Room in a calendar month the Affiliate will earn a CPA of $150 per New Poker Room Customer from the 26th New Poker Room Customer so referred and onwards.
Top8. Commission on Second- tier Affiliates
8.1. An Affiliate will earn 8% of the Commission of a Second-tier Affiliate on Commission earned by such Second- tier Affiliate in terms of the Casino, Poker and Bingo Classic Commission Model.
8.2. For the purposes of this Clause 8 the terms Casino Affiliate Net Win and Poker Affiliate Net Rake shall have the meanings ascribed to them under Clauses 3 and 6 above respectively.