1. Marketing Channels & Sources
GigaLotto prohibits all affiliate partners from using email communications to target email lists
unless specific permission is requested and approved in writing. Any unauthorised email
marketing will result in termination of this agreement and any unpaid commission and CPA fees will
Email communications will only be accepted as an appropriate channel if ALL of the following criteria
are met AND the campaign is signed off by a director of KOOTAC Trading Ltd or your dedicated
- The email list is checked against the internal exclusion list of GigaLotto, ensuring excluded and/or existing players do not receive the email.
- Agreement that all target data has opted in to receiving promotional communications.
- Creative is approved by GigaLotto management to ensure content and imagery is appropriate.
- Content includes a disclaimer confirming the affiliates details and the reason for receiving the email. It must be made clear that the email is not being sent directly by GigaLotto, GigaLotto Ltd and or any associated companies.
PPC traffic is accepted by GigaLotto Affiliates on the proviso that no brand terms are bid on
by the affiliate. Brand terms include but are not limited to: ‘GigaLotto’, ‘EUROMILLIONS’,
‘EUROJACKPOT’, ‘MEGAMILLIONS’, ‘POWERBALL’, ‘LOTTO 6 AUS 49’, ‘DINOLOTTO’.
All organic traffic is accepted as a primary method of driving traffic to GigaLotto.
All other channels & sources
If channels or sources not mentioned herein are to be explored they must be approved and signed
off by your GigaLotto Affiliate Manager in advance of the campaign starting. Any such
campaign not signed off will not be liable to affiliate commission or CPA fees.
2. Your Rights and Responsibilities
Linking to GigaLotto Affiliates
By agreeing to participate in the GigaLotto Affiliates Affiliate Program, you agree to create a unique link from your site to any GigaLotto property.
The form of such link must be approved by GigaLotto Affiliates, or by its agent. You will not alter this link without prior arrangement.
Any altering of the affiliate tag or link as created by the affiliate system will possibly result in your data not being accurate, and we will not accept responsibility for non-payment or withholding commission payment as a result of such errors.
You shall not make any claims, representations, or warranties in connection with GigaLotto properties and you shall have no authority to, and will not, bind GigaLotto properties to any obligation without first obtaining written permission from GigaLotto Affiliates or its authorized agent.
You agree to all of the terms set forth herein and to positively endorse GigaLotto
properties at all times and maintain a site content that is free of child pornography or other
illegal sex acts, promotion of violence, promotion of discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age, promotion of illegal activities, or violation of
intellectual property rights.
You must provide true and complete information to GigaLotto Affiliates at all times;
including but not limited to, your identity, contact information, payment instructions, and any
other information that GigaLotto Affiliates may reasonably request from time to time.
GigaLotto Affiliates grants you the non-exclusive right to direct individuals to our site(s)
and services, in accordance with the terms and conditions of this agreement. You shall have no
claims to referral fees or other compensation on business secured or partially secured by or
through persons or entities other than you.
You also understand that GigaLotto Affiliates may at any time (directly or indirectly)
solicit referrals on terms that may differ from those attained here or operate or contract with
websites that are similar to, or compete with, your website.
Affiliates must ensure that they do not place digital advertisements on websites providing
unauthorised access to copyrighted content.
Responsibility for your site and other marketing materials
You will be solely responsible for the development, operation and maintenance of your site and for
all materials that appear on your site. For example, you will be solely responsible for ensuring that
materials posted on your site are not libellous or otherwise illegal. GigaLotto Affiliates
disclaims all liability for these matters.
Further, you will indemnify and hold GigaLotto Affiliates harmless from all claims, damages
and expenses (including, but not limited to, attorneys' fees) relating to the development, operation,
maintenance and contents of your site and marketing materials and your performance of this
agreement. You agree to refrain from utilizing 'spam' for marketing our products and services (all
email, SMS and all other electronic marketing must be based on commonly accepted opt-in rules).
- You agree to abide by and comply with the CAP Broadcast Code and Non-Broadcast Code to
promote services responsibly and in line with the advertising rules.
- You agree to use our marketing creatives and you will not alter the material in any way. Prior
approval is required to use your own marketing creative to ensure it complies with the
aforementioned CAP codes and our own internal standards.
- You agree to monitor and keep abreast of all ASA/CAP rulings and Great Britain Gambling
Commission updates and comply with any standards or advice notes which result from these.
- Non-compliance with any of our terms and conditions or the advertising rules mentioned above
may lead to the issuing of warnings which ultimately may result in removal from our affiliate
program of any affiliate, including withholding of payments.
- You will not knowingly benefit from known or suspected traffic not generated using accepted
Internet marketing practices whether or not it causes GigaLotto Affiliates or the
GigaLotto Brand harm. Should fraudulent, spam or unethical activity, knowingly or
otherwise, arise from a person directed to a GigaLotto property via your link, we retain
the right to retract the commissions paid to you at any time. Our decision in this regard will be
final and no correspondence will be entered into. GigaLotto Affiliates reserves the right
to retain all amounts due to you under this Agreement if we have reasonable cause to believe
that such traffic has been caused with your knowledge.
- For players that are found to be fraudulent in past transactions, GigaLotto Affiliates
reserves the right to deduct the commissions earned from these players even if these
commissions had been previously paid out.
- If the affiliate tag is not used in exactly the way it is given by the system, and altered in any way,
GigaLotto Affiliates reserves the right to deduct the commissions earned from these
altered tags, even if these commissions had been previously paid out.
License to Use Logos and Branding Assets
GigaLotto Affiliates hereby grants you a non-exclusive, non-transferable license, during the
term of this agreement, to use the GigaLotto intellectual property marks provided by
GigaLotto Affiliates solely in connection with the promotion of GigaLotto.
This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the
marks is limited to, and arises only out of, this license to use GigaLotto branding material.
You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any
action or proceeding of whatever kind or nature and shall not take any action that may prejudice our
rights in the marks, render the same generic, or otherwise weaken their validity or diminish their
Further, you agree to keep information about GigaLotto up-to-date on your site.
During the term of this agreement, you may be entrusted with confidential information relating to
the business, operations or underlying technology of GigaLotto and/or GigaLotto Ltd
and/or the referral program.
You agree to avoid any disclosure to third persons or outside parties or unauthorized use of the
confidential information unless you have our prior written consent and that you will use the
confidential information only for purposes necessary to further the purposes of this Agreement.
Your obligations with respect to confidential information shall survive the termination of this
3. Fee Schedule and Payment
Modifications to the fee schedule are effective when made, notwithstanding failure to notify any
person. IF ANY CHANGE IN THE FEE SCHEDULE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE
THIS AGREEMENT BY NOTIFYING GigaLotto AFFILIATES IN WRITING. CONTINUED
PARTICIPATION IN THIS PROGRAM FOLLOWING THE CHANGE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE.
- Payment will be made monthly, within 15 days of month end, and credited to your specified
GigaLotto Income Access account.
- GigaLotto Affiliates may accrue credits until such credit(s) equal at least € 100.
- Referral fees will be based upon our good faith calculation based on the referred player statistics
available to GigaLotto Affiliates. GigaLotto Affiliates is not responsible for any
fees not properly credited to you that GigaLotto Affiliates is unaware of due to computer
error or other reasons. Activity reports will generally be available online by accessing the affiliate
reporting site at https://webmasters.GigaLotto.com/
- GigaLotto Affiliates will make reasonable efforts to have this link available at all times,
however there may be instances that it is unavailable during technology maintenance and
- Once you become an affiliate, you will have access to all marketing material containing a unique
affiliate code. When a potential customer links to GigaLotto Affiliates' website, they
receive a cookie on their computer with your code. This code will generally stay on their
computer for 30 days unless removed. If the customer leaves the site and returns while the
cookie is active they will be recognized as your referral. When they register at GigaLotto
during this time period, your customer's account will be tagged with your code.
GigaLotto Affiliates is not responsible for any problems or errors with the process of
tagging an account with your code but will endeavour to provide a reasonable level of support
- Deposit of payment or acceptance of payment transfer will be deemed full and final settlement
of all fees due for the month indicated unless you sent us notice of disagreement with the
amount payable within twenty (20) days from the date payment is made. The failure to timely
send such notice irrevocably waives your right to contest any fees due for the relevant time
period and any prior time period.
- GigaLotto Affiliates institutes a policy of no negative carry over. Negative commissions
generated in any given month will not be carried over into the following month. However, where
lifetime net revenue exceeds lifetime deposits, commission will be capped at € 5k per player.
4. Anti-Predatory Advertising Policy
- No affiliate will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the
web users online access, view or usage of, or other aspect of the web users online experience at
any affiliates webpage (as defined below) in a manner that causes or otherwise results in a
different experience from that which was otherwise intended by such affiliate.
- No Affiliate will block, alter, direct or redirect, substitute, insert or append itself to, or otherwise
intercept or interfere in any manner with any click-through or other traffic-based transaction
that originated from an affiliate webpage (including without limitation any return visit to
GigaLotto to which such click-through or other traffic reached or intended to reach) with
the result of reducing compensation or other payment earned by or owing to an affiliate or
increasing any payment obligation of GigaLotto Affiliates with respect to any individual
- Affiliates will be removed from the GigaLotto Affiliate Program and forfeit any pending
commissions if they are utilizing or distributing software downloads that potentially enable
diversions of commission from other affiliates in our program.
- It is the responsibility of the Affiliate to ensure “marketing is factually correct, marketing does
not entice underage individuals to gamble, players are not encouraged to chase their losses and
that promotional communication carry an age restriction warning.
5. Term and Termination
The term of this agreement will begin when you submit the sign-up page and will be continuous
unless and until either party notifies the other in writing that is wished to terminate the agreement.
Termination may be accomplished by either you or GigaLotto Affiliates for any reason or
without reason at any time by providing notice to the other party.
For purposes of notification, delivery via email is considered a written and immediate form of
- If termination is by GigaLotto Affiliates and is not caused by violation of this agreement,
you will be entitled to unpaid referral fees, if any earned by you on or prior to the date of
termination and as subject to modification described above.
- If termination is initiated by you, or by GigaLotto Affiliates as a result of a violation of
this agreement, you will not be entitled to unpaid referral fees, if any earned by you on or prior
to the date of termination. Nor will you be entitled to referral fees with respect to play occurring
after the termination date.
- You must remove all GigaLotto Affiliates banners/icons from your site and disable the
link from your site to GigaLotto Properties upon termination of this agreement for any
- All rights and licenses given to you in this agreement shall immediately terminate upon
termination of this agreement for any reason.
- Upon termination of this agreement for any reason, GigaLotto Affiliates may withhold
your final payment for a reasonable time to ensure that the correct amount is paid.
- Upon termination of this agreement for any reason, you will return to GigaLotto
Affiliates any confidential information, and all copies of it in your possession, custody and
control, and will cease all uses of any trade names, trademarks, service marks, logos and other
designation of GigaLotto.
- Before or after termination of this agreement, GigaLotto Affiliates reserves the right to
modify this agreement or the fee schedule as described above, with such modification effective
6. Relationship of Parties
Both you and GigaLotto Affiliates are independent contractors and nothing in this agreement
will create any partnership, joint venture, franchise, sales representative, or employment
relationship between the parties. You will have no authority to make or accept any offers or
representations on our behalf. You will not make any statement, whether on your site or otherwise,
that contradicts anything in this paragraph.
You shall defend, indemnify, and hold GigaLotto Affiliates , its directors, officers, employees,
contractors, agents and representatives harmless from and against any and all liabilities, losses,
damages, and costs, including reasonable attorney fees, resulting from, arising out of, or in any way
- any breach by you of any warranty, representation, or agreement;
- the performance of your duties and obligations under this agreement;
- your negligence; or
- any injury caused directly or indirectly by your negligent or intentional acts or omissions, or
the unauthorized use of our banners and link or this referral program.
GigaLotto Affiliates makes no express or implied warranties or representations with respect
to the referral program or referral fee payment arrangements (including, without limitation, their
functionality, warranties of fitness, ability, legality, non-infringement, or any implied warranties
arising out of a course of performance, dealing or trade usage).
In addition, GigaLotto Affiliates makes no representation that the operation of our site will
be uninterrupted or error-free, and GigaLotto Affiliates will not be liable for the
consequences of any interruption errors.
9. Operating Agreement and Disclosure
Limitations of Liability
GigaLotto AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS
AGREEMENT OR THE REFERRAL PROGRAM, EVEN IF GigaLotto AFFILIATES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GigaLotto AFFILIATES’S AGGREGATE
LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE
TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE PRECEEDING 12
Nothing in this agreement shall be construed to provide any rights, remedies or benefits to any
person or entity not a party to this agreement.
Our obligations under this agreement do not constitute personal obligations of shareholders. Any
liability arising under this agreement shall be satisfied solely from the referral fee generated and is
limited to direct damages.
GigaLotto Affiliates may in its sole discretion, with or without notice, use any available means
to block or restrict certain players, sign ups, deposits or play patterns so as to reduce the number of
fraudulent, unprofitable transactions or for any reason whatsoever, including but not limited to daily
or monthly purchase limits, address verification or negative and positive credit card databases.
GigaLotto Affiliates does not guarantee or warrant the success of such fraud prevention
This agreement will be governed by the laws of the United Kingdom, without reference to rules
governing choice of law. Any action relating to this agreement must be brought in the United
Kingdom and you irrevocably consent to the jurisdiction of its courts. YOU AGREE TO BRING ANY
ACTION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT IN THE UNITED KINGDOM AND IN
NO OTHER JURISDICTION.
You may not assign this agreement, by operation of law or otherwise, without our prior written
consent. Subject to that restriction, this agreement will be binding and enforceable against you and
Our failure to enforce your strict performance of any provision of this Agreement will not constitute
a waiver of our right to subsequently enforce such provision or any other provision of this
agreement. NO MODIFICATIONS, ADDITIONS OR DELETIONS OF THIS AGREEMENT BY YOU ARE
PERMITTED OR WILL BE RECOGNIZED BY GigaLotto AFFILIATES.
None of our employees, officers or agents may verbally alter, modify or waive any provision of this
Our rights and remedies shall not be mutually exclusive, i.e. the exercise of one or more of the
provisions of this agreement shall not preclude the exercise of any other provision. You
acknowledge, confirm and agree that damages may be inadequate for a breach or a threatened
breach of this agreement and, in the event of a breach, or threatened breach of any provision of this
agreement, the respective rights and responsibilities of the parties may be enforceable by specific
performance, injunction or other equitable remedy.
Nothing contained in this agreement shall limit or affect any of our rights at law, or otherwise, for a
breach or threatened breach of any provision of this agreement, it being the intent of this provision
to make clear that our respective rights and obligations shall be enforceable in equity as well as at
law or otherwise.
Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be
effective and valid under applicable law but, if any provision of this agreement is held to be invalid,
illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such
invalidity or unenforceability, without invalidating the remainder of this agreement or any other
No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be
10. Modifying This Agreement
GigaLotto Affiliates may modify any of the terms and conditions contained in this agreement,
at any time and at its sole discretion, by sending you a notice identifying the changes. Modifications
may include, but are not limited to, changes in the referral fees, payment schedule or other rules. IF
ANY CHANGE IN THE AGREEMENT IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS
AGREEMENT BY NOTIFYING GigaLotto AFFILIATES IN WRITING. CONTINUED PARTICIPATION
IN THIS PROGRAM FOLLOWING OUR MAKING A CHANGE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
OPERATING AGREEMENT AND DISCLOSURE
You understand that gambling laws may vary from city to city, state to state and country to country.
YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR LOCALE WHICH APPLY TO YOUR
ACTIVITIES AND REPRESENT TO GigaLotto AFFILIATES THAT YOU MAY PARTICIPATE IN ITS
AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.
By submitting your request to become an affiliate, you acknowledge that you have read this
agreement and have independently evaluated the desirability of participating in this program and
are not relying on any representation, guarantee, or statement other that what is set forth in this
agreement, and that you agree to all its terms and conditions.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE LIABILITY LIMITATIONS AND DISCLAIMERS IN
CAPITALIZED LETTERS ABOVE.