Terms and Conditions of Participation in the Affiliate Programme (Last Updated: 10.12.2020)
These Terms and Conditions govern the rights and obligations of participants in the FanFuel affiliate programme (in the following referred to as “Terms and Conditions” and “Participants”). FanFuel is provided by the Swiss company W&N Ventures Ltd liab Co.
The participation in the affiliate programme is only possible when having accepted these Terms and Conditions upon registration.
1. Description and commission
Participants refer Users (in the following referred to as “Users”) to FanFuel by publishing or sending their individual affiliate link, in order to promote paid FanFuel offers. For each successful referral, the respective Participants shall receive a commission based on the net amount actually paid during the first three months of a paid FanFuel subscription. The amount shall be regarded as actually paid if and insofar as neither a whole nor partial revocation nor reimbursement has been made within six months. The commission shall be credited to the last Participant who has referred a User. FanFuel shall inform Participants about the amount of the commission in a suitable form.
Example 1: Within the first three months upon registration, a referred User will receive 100 subscribers at a monthly price of $10,00 net. The commission for the Participant amounts to $80,00 net. (100 x $ 10.00) x 8% commission = $80.00 net
Example 2: Within the first three months upon registration, a referred User shall receive 500 subscribers at a monthly price of $10,00 net. The commission for the Participant amounts to $400,00 net. (500 x $ 10.00) x 8% commission = $400.00 net
1.2. FanFuel is entitled to have the affiliate programme wholly or partially operated by third parties or together with third parties as well as by affiliated companies or together with affiliated companies. FanFuel is entitled to transfer any rights and obligations in connection with the affiliate programme to such third parties and companies. Such third parties and companies may also be located outside of Switzerland.
2.1. For the participation in the affiliate programme, registration is required. FanFuel is entitled to reject the registration at any point in time, including retrospectively, without indicating any reasons. Participation in the affiliate programme is restricted to natural persons who can act without any restrictions and are of full age as well as to legal entities. A person may not participate more than once, directly or indirectly, in the affiliate programme.
2.2. FanFuel shall inform Participants about the required information for registration. The registration with incorrect or fictitious information is forbidden. FanFuel is entitled to check Participant information, including retrospectively, or have it checked by third parties.
2.3. Participants are obliged to treat their user credentials in connection with the affiliate programme confidentially and to exclusively use it for their own purposes. Automated access, e.g., with bots, scripts or by similar means, is forbidden. Participants are responsible for all activities using their user credentials.
2.4. FanFuel is entitled to inform and contact Participants via email, instant messaging, other communication channels with notifications and messages in connection with the affiliate programme.
2.5. Participation in the affiliate programme in connection with content which, irrespective of their possible legal conformity, are obnoxious, discriminating, violent, offensive, pornographic, racist, damaging, punishable, dishonest, unsafe or immoral is forbidden. Further prohibited is participation in connection with content which refers to narcotics, erotic, financial or medical services, email advertisement (“spam”), money gambling, network marketing, pyramid and snowball systems or gifting circles as well as content which infringes or could infringe intangible property rights, personal rights or other third-party rights as well as applicable law, is also prohibited.
2.6. Participation in the affiliate programme can be terminated without notice by FanFuel and individual Participants at any point in time.
3. Affiliate link
3.1. Participants shall independently create their individual affiliate link and may adapt it at any time. Participants may publish or send their affiliate link in order to refer Users to FanFuel. The publication and sending of such links must be legally compliant and correspond to the terms and conditions of the platforms used, e.g., email service providers and social media platforms. In particular, this includes the applicable data protection law and the law against unfair competition. Furthermore, Participants shall comply with the basic principles of integrity in commercial communication (“Lauterkeit in der kommerziellen Kommunikation”) of the Swiss Commission for Fairness in Commercial Communication (Schweizer Lauterkeitskommission).
3.2. FanFuel may provide Participants with their own means of advertising or pass supplementing regulations for means of advertising by Participants.
4. Recording and payment of commissions
4.1. Payment of commissions shall be made exclusively for successful referrals, which have been recorded automatically by FanFuel. Payment shall be refused to direct or indirect purchase by Participants. Payment is made minus any charges to be retained or paid by FanFuel for legal or regulatory reasons.
4.2. Payment of commissions can be rejected permanently or preliminarily if there is reason to assume that the referrals have been made through fraudulent and otherwise illegal or aggressive, questionable, reputation-damaging or unfair marketing and sales methods. Fraudulent methods in the sense of this provision are, in particular, the use of any possible safety gaps in connection with the affiliate programme.
4.3. Commissions shall be paid monthly and handled by the payment service provider Stripe. FanFuel reserves the right to only make payments as of a credit of $75.00 or more.
4.4. If a participant is liable to pay value-added tax, FanFuel shall pay the commission plus value-added tax and/or sales tax in the corresponding applicable amount if the Participant has presented an invoice of the payable commission which is compliant with the value-added tax and/or sales tax regulations within due time. Participants who are liable to pay value-added tax and/or sales tax shall inform FanFuel at least 30 days before the next payment.
4.5. Any applicable payment fees shall be borne by the Participants.
5.1. FanFuel operates the affiliate programme professionally and diligently. However, the affiliate programme may be wholly or partially unavailable, in particular for technical reasons or for maintenance work. FanFuel strives at guaranteeing a high level of availability but does not assume any guarantee for functions and services and for the availability in connection with the affiliate programme.
5.2. FanFuel shall be exclusively responsible for any direct damages caused by their own grossly negligent or intentional actions. Any other liability of FanFuel for direct damages, including due to slight and moderate negligence, shall be exclusively and comprehensively excluded. Any liability of FanFuel for indirect damages and consequential damages of defects, for possible third-party claims as well as lost profits shall be expressly and comprehensively excluded. Any liability for auxiliary persons shall also be excluded.
5.3. FanFuel shall not assume any liability if any obligations resulting from these Terms and Conditions can only be fulfilled partially or incompletely due to force majeure. Cases of force majeure are, in particular, fire and lightning strikes, natural catastrophes, unforeseeable weather impacts, individual and general strikes, attacks and explosions, riots, war and troubles, epidemics and pandemics, restrictions or interruptions of the power supply as well as telecommunication services and prohibitions ordered by authorities.
5.4. Participants shall be expressly and comprehensively liable towards FanFuel for any direct and indirect costs, including legal and court fees, incurred by as well as any damage occurring due to infringements of these Terms and Conditions. Such liability shall apply independently of the actual fault and shall also include the compensation for possible third-party claims. The affected Participants shall exempt FanFuel from any third-party claims and undertake to assume any costs, including legal and court fees, and compensate FanFuel for any direct and indirect damage in this context.
5.5. The restrictions of liability in accordance with these Terms and Conditions are applicable irrespective of the corresponding legal reason. Any possible further compulsive liability, in particular for grossly negligent or intentional actions as well as in accordance with the applicable data protection law shall remain reserved.
6. Final provisions
6.1. FanFuel is entitled to adapt these Terms and Conditions at any time without indicating reasons. Participants shall be informed in a suitable manner with respect to any significant changes in these Terms and Conditions.
6.2. If one of the provisions of these Terms and Conditions turns out to be unsatisfiable, invalid or ineffective, the satisfiability, validity and effectiveness of the remaining provisions shall remain unaffected. In this case, the parties undertake to replace the unsatisfiable, invalid or ineffective provision by a satisfiable, valid or effective provision, which is as close as possible to the content and economic objective of the original intent of the parties.
6.3. These Terms and Conditions shall be exclusively subject to Swiss law, with the exclusive place of fulfilment and jurisdiction at the domicile of W&N Ventures Ltd liab Co. The Treaty of the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.