Shuffle Affiliate Programme Terms
1. Shuffle.com
Shuffle.com (the “Website”) is owned and operated by Natural Nine B.V. (“Shuffle”, “we” or “us”), a company with its registered office located at Fransche Bloemweg 4, Curaçao. Shuffle is licensed and regulated by the Government of Curaçao under gaming licence 8048/JAZ.
2. General
2.1. These terms (“Affiliate Terms”) govern your participation in Shuffle’s programme for affiliates (the “Affiliate Programme”). They constitute a legally binding agreement between you and us and you should read them in their entirety before you participate in the Affiliate Programme. By participating in the Affiliate Programme, you acknowledge that you have read, understand, and agree to be bound by these Affiliate Terms and the Shuffle Terms of Service.
2.2. We may make amendments to these Affiliate Terms at any time. Modifications may include, for example, changes in the scope of available commission or earnings. We will take appropriate steps to bring any material changes to your attention (e.g. by notification at login), but it is your responsibility to ensure that you agree with any changes made to these Affiliate Terms, and you should continue to check for any updates on a regular basis. By continuing to participate in the Affiliate Programme after any such amendment to the Affiliate Terms you will be deemed to have accepted and agreed to be bound by such amendments, updates and/or modifications. If any modification is unacceptable to you, your only recourse is to cease participating in the Affiliate Programme.
2.3. These Affiliate Terms may be published in several languages. In the case of any discrepancy between the English language version of these Affiliate Terms and versions published in any other languages, the English language version shall prevail.
3. Conditions for participation in the Affiliate Programme
3.1. Affiliates are required to complete a level of KYC before participation in the Affiliate Programme. The specific level will be determined by Shuffle at its sole discretion.
3.2. Section 7 of the Shuffle Terms of Service (“Prohibited uses”) applies to your participation in the Affiliate Programme. In particular, you must not participate in the Affiliate Programme for any form of illicit activity, you must not be subject to sanctions, and you must not be located or resident in a Prohibited Jurisdiction.
4. Commissions and earnings
4.1. Affiliates will receive a base rate of 10% of revenue generated by each successful referral they make to Shuffle, for a period of 12 months following the date on which the relevant referred customer onboards with Shuffle.
4.2. VIP Affiliates may be awarded increased rates of commission-based earnings or other bespoke rewards for making successful referrals, subject to Shuffle management approval.
4.3. Further information on the Affiliate Programme, including the calculation of earnings, is available in the Affiliate Programme Guide.
4.4. Subject to 4.5 below, all commission payments will be paid to Affiliates in the currency or currencies in which their referrals gamble on the Website.
4.5. Shuffle reserves the right at its sole and absolute discretion to:
(i) remove or change any commission and earnings percentages that may be awarded to an Affiliate;
(ii) modify the methods of calculating such percentages;
(iii) modify the currency or currencies in which any commission or earnings are paid to an Affiliate; and
(iii) revise, withhold or cancel any user deposit bonuses;
for any reason that Shuffle deems necessary or appropriate, including but not limited to where Shuffle believes that an Affiliate has not acted in good faith, has breached any provision of these Affiliate Terms or has breached Shuffle’s Terms of Service.
5. Promotion of Shuffle
You agree to promote Shuffle in a positive light, and not to engage in activities that deceive, confuse, or mislead users. You will adhere to all laws and regulations applicable to you and your activities and will not encourage or engage in any illegal activities, including promoting or marketing within or to Prohibited Jurisdictions.
6. No inflated earnings
You agree not to artificially inflate your earnings by any means, including but not limited to fraudulent sales or leads.
7. Confidentiality and privacy
Affiliates must not share or distribute Shuffle marketing materials to third parties unless consent is given in writing by Shuffle. Further, Affiliates must not share any private information about Shuffle or Shuffle's affiliates that is not publicly available, unless written consent is given by Shuffle.
8. Use of Affiliate Marketing Materials
8.1, Shuffle may make available through the Website or otherwise certain marketing materials such as banner advertisements, images, logos, videos and textual content for use by Affiliates (“Affiliate Marketing Materials”).
8.2. Shuffle hereby grants you a non-exclusive, personal, royalty-free licence to use Affiliate Marketing Materials solely to facilitate your valid participation in the Affiliate Programme in accordance with these Affiliate Terms.
8.3. You agree that if you choose to make use of the Affiliate Marketing Materials, you will use them as provided and in their original form, and that you will not modify, alter, amend, resize, or adapt any Affiliate Marketing Materials. You acknowledge that any unauthorised modification of the Affiliate Marketing Materials will constitute a breach of these Affiliate Terms.
8.4. You agree that if you become aware of any unauthorised modification of the Affiliate Marketing Materials, whether deliberate or inadvertent, and whether as a result of your own actions or the actions of a third party, you will immediately notify Shuffle and take all reasonable steps to rectify such modification.
9. Intellectual property
Nothing in these Affiliate Terms is intended to constitute a transfer of any of Shuffle's intellectual property, which remains exclusively the property of Shuffle.
10. Breach
10.1. Without prejudice to any other rights, if you breach in whole or in part any provision contained herein, we reserve the right to take such action as we see fit, including withholding or deducting commission, terminating our relationship with you under these Affiliate Terms or any other agreement and/or taking legal action against you.
10.2. You hereby fully indemnify, defend and hold harmless Shuffle and its shareholders, directors, employees and agents from and against all costs, expenses, losses, damages, claims, demands and liabilities (including legal fees and any other charges) that may be incurred or suffered by Shuffle or its shareholders, directors, employees and agents, arising in any way, directly or indirectly, from (i) any breach by you of any part of these Affiliate Terms; (ii) any violation by you of any law or any third party rights; or (iii) your participation in the Affiliate Programme.
11. Limitation of liability
11.1. Under no circumstances shall we be liable for any claims, proceedings, liabilities, costs, losses or special, incidental, direct, indirect or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of Affiliates’ breaches of these Affiliate Terms or any use or misuse of the Affiliate Programme. This limitation of liability applies (1) regardless of whether the alleged liability is based on contract, tort, strict liability, statutory liability or any other basis, (2) even in the case of our own negligence, and (3) even if we have been advised of the possibility of such liability.
11.2. The limitations of liability in these Affiliate Terms shall apply to the fullest extent permitted under applicable laws.
12. Misrepresentation
Affiliates must not misrepresent or imply, through actions or appearance, to be a representative or employee of Shuffle. This includes, but is not limited to, any activity on online forums, websites and domain names, social media, online content, paid search advertising, or any other forms of user acquisition.
13. Custom terms
Shuffle reserves the right to enter into custom terms for individual Affiliates. Any such custom terms must remain private at all times, unless otherwise expressly agreed in writing by Shuffle.
14. Customer data
You acknowledge that you do not have or obtain ownership over any customer data provided to Shuffle through your affiliate activities.
15. Governing law and jurisdiction
15.1. These Affiliate Terms shall be governed by, and construed in accordance with, the laws of England & Wales.
15.2. The courts of England & Wales have exclusive jurisdiction to settle any dispute arising from or connected with these Affiliate Terms (including a dispute relating to their existence, validity or termination, or the consequences of their nullity, or any non-contractual obligation arising out of or in connection with them) and you irrevocably waive any right that you may otherwise have had to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
15.3. You must bring any and all legal claims under these Affiliate Terms in your individual capacity and not as a claimant in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. You agree to waive the right to demand a trial by jury, where applicable.
16. Severability
If any provision of these Affiliate Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of these Affiliate Terms or the validity or enforceability in other jurisdictions of that or any other provision.
17. Assignment
We reserve the right to assign our rights under these Affiliate Terms, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under these Affiliate Terms.
18. Miscellaneous
18.1. No waiver by us of any breach of any provision of these Affiliate Terms shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of these Affiliate Terms.
18.2. Nothing in these Affiliate Terms shall create or confer any rights or other benefits in favour of any third parties.
18.3. Nothing in these Affiliate Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
18.4. These Affiliate Terms constitute the entire understanding and agreement between you and us regarding their subject matter and supersede any prior agreement, understanding, or arrangement between you and us.
Version 1.1
June 2023