Terms and Conditions
Published on 8 May 2023
In order to apply for our affiliate program, you will need to read, understand and accept these terms and conditions. If you disagree with the terms and conditions, do not continue with your application. Should you have any questions regarding our affiliate program, please contact info@mimasupport.com for further information.
1. AGREEMENT
1.1 This document (the “Agreement”) outlines the terms and conditions agreed between us, MiMa Staff N.V. reg. no. 158874, having its registered address at Abraham de Veerstraat 9, Curacao (referred to herein as “MiMa,” “we,” “us,” “company” or “our”) and you (referred to herein as “you,” “your” or “affiliate”), in respect to your application to join our affiliate program and to promote the website – MiMa.casino and our services.
1.2 We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements, or changes to the Program from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to these changes. You can review the most current version of the Terms at any time at our webpage partners.mima.casino. If you do not agree to the changes, you are required to terminate this Agreement in accordance with the terms of this document.
1.3 In order to join our affiliate program, you are required to accept our terms and conditions as well as submit a completed online registration form. You must provide your legal full name, a valid email address, and any other requested information in order to complete the sign-up process for an Affiliate account. MiMa determines at its sole discretion whether or not to accept your application for our affiliate program. Our decision is final, and no appeal will be granted. Once we have reached a decision in regards to your application, we will notify you by email informing you of whether you have been accepted as our affiliate or not. Upon a successful application, you will be bound by these terms and conditions set out in this agreement when marketing/promoting the MiMa website and services. MiMa will email you with further information upon acceptance of your application.
The Affiliate hereby warrants that he/she:
- Is 18 years of age or older to join our affiliate program;
- Is competent and duly authorized to enter into binding Agreements;
- Will comply with all applicable rules, laws, and regulations;
- Fully understands and accepts the terms of the Agreement.
1.4 You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction.
2. DEFINITIONS
In this Agreement, unless the context otherwise requires:
“Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
“Sub-Affiliate” means an individual and/or entity that an Affiliate directs in any appropriate manner to MiMa and who can be linked to the Affiliate’s unique Affiliate account/identity, which person or entity becomes an Affiliate of MiMa.
“Affiliate Program” means the collaboration between you and us whereby you will promote the MiMa Website and create the Links from the Affiliate Website(s) to the MiMa’s Website and thereby be paid a commission as defined under this Agreement depending on the number of active players.
“Affiliate Website(s)” means one or more websites on the Internet that are maintained and operated by the Affiliate.
“Confidential Information” means all information about us that is not publicly known and that is disclosed (by whatever means) by us to you.
“Intellectual Property Rights” means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
“Referred Customers” means Customers who have no prior account with Our Website and have signed up for an account with us with your affiliate tracking code attached.
“Active Player” means a referred Customer / Player who has generated a minimum of $10 in rake within that calendar month.
“Commission” means the percentage share the affiliate will earn from the webpage.
“Your Website” means the website which you notify us on the Affiliate Sign-up Form.
3. LINKING
3.1 The Links provided to you by MiMa should be displayed and used by you in the manner agreed between you and us, and you shall not change the form, location, or operation of the Links without MiMa ‘s prior written consent.
3.2 You shall ensure that you do not place any Links on pages of Your Website aimed at persons under the age of 18 years.
3.3 In the event that you wish to place the Links on websites other than Your Website, you must first obtain MiMa’s written consent.
3.4 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you (see 13.2).
4. COMMISSION CALCULATIONS
4.1.1 Your commission is calculated according to the following structure:
| Active* Players | Commissions |
| 1-5 | 15% |
| 6-10 | 18% |
| 11-30 | 25% |
| 31-100 | 33% |
| 101 + | 38% |
Active Players need to have generated a minimum of 10 (ten) $ in rake within that calendar month.
4.1.2 Commission Calculation model stipulated in 4.1.1 always applies to the Texas Hold’em Poker.
The commission is tied to your status as an active player, which is determined by whether you have generated at least $10 in rake during the calendar month.
We retain the right to change the commission’s calculation percentage and method as we wish in accordance with clause 1.2.
5. FORBIDDEN PRACTICES
5.1 You may not in any way offer added rewards of any kind to your Referred Customers without MiMa’s prior written consent. If MiMa deems you to be in breach of this condition, We may terminate your affiliate agreement and seize to pay you any commission from your Referred Customers.
5.2 Neither you nor your direct relatives (spouse, partner, parent, child, or sibling) may under no circumstance receive any commission on your own or direct relatives’ customer account.
5.3 You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the MiMa’s Site.
5.4 You are forbidden to attempt to artificially increase monies payable to you by MiMa.
5.5 You and your Sub-Affiliates shall at all times comply with all the applicable Gaming laws and regulations and all the Data Protection laws and regulations, including but not limited to the European Directive 2002/58/EC, the General Data Protection Regulation (GDPR) (EU) 2016/679 and any legislation and/or binding regulations implementing or made pursuant to them.
In particular:
a) You may not in any way advertise to customers who did not expressly and clearly consent to receive marketing communications, or which consent you didn’t store and are not able to prove anytime, or to customers whose data have been processed in breach of any Data Protection laws and regulations.
b) Every email shall clearly indicate its origins from You and not from us.
c) Every marketing email shall contain a clear link to unsubscribe from further marketing emails.
5.6 We reserve the right to terminate the Agreement immediately with no notice if, in our reasonable opinion, you have breached any gambling advertising rules or any Data Protection laws and regulations.
5.8 You will not generate traffic to the Webpage by illegal or fraudulent activity, particularly but not limited to:
- Sending spam;
- Incorrect tags;
- Registering as a player or making deposits directly or indirectly to any Affiliate Account through his/her tracker(s) for their own personal use and/or the use of its relatives, friends, employees, or other third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be a fraud;
- Coordinated bonus abuse in the attempt to collect affiliate income;
- Coordinated betting where such bets are made as an offset to collect commissions;
- Continual chargebacks by real money players for reasons of collecting commissions;
- Offering affiliates and/or players financial incentives for the purpose of gaining a rebate from your affiliate commissions;
- Duplicate affiliate and/or player accounts for the purpose of collusion;
- Any other act which, MiMa has determined through detailed analysis is being used to collect fraudulent activities.
In addition to the foregoing, we reserve the right to terminate any Affiliate account at any time for any violations of this Agreement or no reason.
5.9 The Company may refuse any player or close a player’s account if it is necessary to comply with the Company’s policy and/or protect the interest of the Company.
6. MiMa’S OBLIGATIONS
6.1 MiMa shall supply you with the Links for inclusion on Your Website and may update such Links from time to time.
6.2 MiMa shall use its best endeavors to ensure that whenever a Referred Customer signs up with MiMa through your affiliate link with your tracking ID attached, the relevant Customer is identified as originating from the Your Website. However, MiMa shall not be liable to you in any way if MiMa cannot identify a Customer as originating from Your Website.
7. PAYMENT
7.1 Payment is made on the 15th of every calendar month.
7.2 The minimum sum for a monthly payment to an affiliate is € 100. If a commission does not exceed € 100, MiMa shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the commission exceeds € 100, at which time payment shall be made. To avoid doubt, you will only receive a payout when there is a positive balance and it is greater than € 100 in any given month.
7.3 MiMa shall provide you with statements accessible through your personal affiliate page: partners.mima.casino detailing the Referred Customers and your earned commission.
7.4 If the Affiliate disagrees with the balance due as reported, it shall, within a period of five (5) days, send an email to the Company to info@mimasupport.com and indicate the reasons for the dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.
7.5 The Company may delay payment of any balance to the Affiliate for up to sixty (60) days while it investigates and verifies that the relevant transactions comply with the provisions of the terms of the Agreement.
7.6 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
7.7 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges, and any other money payable or due both locally and abroad (if any) to any tax authority, department, or other competent entity by the Affiliate as a result of the commission generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate, and the Affiliate hereby indemnifies the Company in that regard.
8. INTELLECTUAL PROPERTY
8.1 MiMa grants you a non-exclusive and worldwide license to display the MiMa brand features and related content (the “MiMa Content”) during the Term solely for the purposes of the display of the Links by you on Your Website as set out in this Agreement and in accordance with MiMa’s guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems, and software relating to the services provided by MiMa to its customers from time to time shall remain the property of MiMa. You are not permitted to alter or modify in any way the MiMa’s Content without the express prior written consent of MiMa.
8.2 You agree that Your Website shall not resemble in any way the look and/or feel of the MiMa‘s Site, nor will you create the impression that the Your Website is the MiMa Site (or any part thereof).
9. WARRANTIES
9.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all rights, title, and authority to enter into this Agreement, to grant to the other party the rights and licenses granted in this Agreement and to perform all of its obligations under this Agreement.
9.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents, and licenses to enable you to fulfill your obligations under this Agreement.
9.3 That you will not actively target any person who is under the legal age for gambling.
9.4 That you will not actively target any jurisdiction where gambling and the promotion thereof are illegal.
10. DISCLAIMER
We make no representation that the operation of the MiMa Website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
11. INDEMNITY
You are solely responsible for any marketing initiatives you and/or any of your Sub-Affiliates conduct, including, without limitation, compliance of such initiatives with the applicable legal requirements.
You (the “Indemnifying Party”) shall indemnify on demand and hold harmless MiMa and each of MiMa’s associates, officers, directors, employees, agents, shareholders, and partners (the “Indemnified Party”) from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non-performance or non-observance by you and/or any of your Sub-Affiliates of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement or of any applicable laws or regulations.
12. EXCLUSION OF LIABILITY
12.1 MiMa shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement or any other matter under this Agreement.
12.2 The liability of MiMa shall not exceed the total amount of money paid by MiMa to you during the six-month period preceding the date on which the liability accrued under any circumstance.
13. TERM
13.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice.
13.2 Thіs Аgrееmеnt mаy bе tеrmіnаtеd by еіthеr Раrty by gіvіng а thіrty (30) dаys wrіttеn nоtіfісаtіоn tо thе оthеr Раrty. Wrіttеn nоtіfісаtіоn mаy bе gіvеn by аn еmаіl.
13.3 Thе соntrасtіng Раrtіеs hеrеby аgrее thаt uроn thе tеrmіnаtіоn оf thіs Аgrееmеnt:
13.3.1 Thе Аffіlіаtе must rеmоvе аll rеfеrеnсеs tо Wеbsіtе frоm thе Аffіlіаtе’s wеbsіtеs аnd/оr оthеr mаrkеtіng сhаnnеl аnd соmmunісаtіоns, іrrеsресtіvеly оf whеthеr thе соmmunісаtіоns аrе соmmеrсіаl оr nоn-соmmеrсіаl.
13.3.2 Аll rіghts аnd lісеnsеs grаntеd tо thе Аffіlіаtе undеr thіs Аgrееmеnt shаll іmmеdіаtеly tеrmіnаtе аnd аll rіghts shаll rеvеrt tо thе rеsресtіvе lісеnsоrs, аnd thе Аffіlіаtе wіll сеаsе thе usе оf аny trаdеmаrks, sеrvісе mаrks, lоgоs аnd оthеr dеsіgnаtіоns vеstеd іn thе Соmраny.
13.3.3 Thе Аffіlіаtе wіll bе еntіtlеd оnly tо thоsе еаrnеd аnd unраіd соmmіssіоns аs оf thе еffесtіvе dаtе оf tеrmіnаtіоn; hоwеvеr, рrоvіdеd thе Соmраny mаy wіthhоld thе Аffіlіаtе’s fіnаl раymеnt fоr а rеаsоnаblе tіmе tо еnsurе thаt thе соrrесt аmоunt іs раіd. Thе Аffіlіаtе wіll nоt bе еlіgіblе tо еаrn оr rесеіvе аny соmmіssіоns аftеr thіs tеrmіnаtіоn dаtе.
13.3.4 Іf thіs Аgrееmеnt іs tеrmіnаtеd by thе Соmраny оn thе bаsіs оf thе Аffіlіаtе’s brеасh аnd/оr frаud, thе Соmраny shаll bе еntіtlеd tо wіthhоld thе Аffіlіаtе’s еаrnеd but unраіd соmmіssіоns аs оf thе tеrmіnаtіоn dаtе аs соllаtеrаl fоr аny сlаіm аrіsіng frоm suсh brеасh. Іt іs sресіfіеd furthеr thаt tеrmіnаtіоn by thе Соmраny duе tо а brеасh by thе Аffіlіаtе оf аny оf thе сlаusеs іn thіs Аgrееmеnt shаll nоt rеquіrе а nоtісе реrіоd аnd suсh tеrmіnаtіоn shаll hаvе іmmеdіаtе еffесt uроn sіmрlе nоtіfісаtіоn by thе Соmраny tо thе Аffіlіаtе.
13.3.5 If you are in material breach of your obligations within this agreement, MiMa may bring the term to an end with immediate effect; and cease to pay you any further Revenue Share on your Referred Customers by written notice to you.
13.3.6 The Affiliate must return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody, and control.
13.3.7 The Affiliate will release the company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that, by their nature, are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information, even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards the Company shall survive the termination of this Agreement.
13.4 Automatic termination by us if your account is inactive.
13.4.1 If your affiliate account is inactive, your agreement and participation in the affiliate program will automatically terminate. In this section, “inactive” means that you have not registered real money players for ninety (90) days or more.
13.4.2 Where automatic termination occurs, we will notify you that your commission will be frozen. If we do not receive any response from you within thirty (30) days, any funds remaining within your Affiliate Account will revert to us.
14. YOUR PERSONAL INFORMATION
We are required by law to comply with data protection requirements in the way in which we use any personal information collected from you. We, therefore, take very seriously our obligations in relation to the way in which we use your personal information. To learn how we use your personal information please read our Privacy Policy.
15. CONFIDENTIALITY
All information, including but not limited to business and financial lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how, or logic, trade secrets, market opportunities, Affiliate Network, Affiliate Program, Sub-Affiliates and personal data of the players of the Company shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither directly nor indirectly unless prior explicit and written consent has been provided by the Company. This provision shall survive the termination of the Agreement.
The Affiliate obliges himself/herself not to use the confidential information for any purpose other than the performance of its obligations under the Agreement.
16. GENERAL
16.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
16.2 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
16.3 Any notice given or made under this Agreement to MiMa shall be by email to the relevant email info@mimasupport.com. MiMa shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to MiMa.
16.4 Nothing in this Agreement is intended to create a partnership between the parties or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
16.5 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.
16.6 The validity, construction, and performance of this Agreement (and any claim, dispute, or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of Curacao. Party irrevocably submits to the exclusive jurisdiction of Curacao courts over any claim, dispute, or matter arising under or in connection with this Agreement or its enforceability.
16.7 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
17. CHANGES TO THIS AGREEMENT
This Agreement has not been varied or otherwise amended since 8 May 2023.