Terms and Conditions
These terms and conditions set out the agreement between our company, Smart Live Casino (“SLC”), Company Reg. number 0584 9825 whose registered office address is at Dorland House, 14-16 Regent Street, London, SW1Y 4PH (“Smart Live Casino (SLC)”, “the Company”, “We” or “Us”) and the person set out on the registration page (“the Affiliate/s”, “Member/s”, “User”, “the Affiliate/s Member/s” or “you”).
Please read the following terms and conditions carefully in order to become a SLC Affiliate Member. By accepting these terms and conditions you agree to comply and be bound by the rules laid out therein. In order to become a SLC Affiliate Member your application is subject to our approval.
If you do not agree, or are not authorized to accept this agreement, you must not continue with the application process. Should you have any questions regarding these terms and conditions or regarding any other issue related to the Affiliate programme, please contact us at the following e-mail address: affiliates@smartlivecasino.com
1. Smart Live Casino’s (SLC) Obligations
1.1 Promotional Links
1.1.1 SLC will provide promotional links and creative to the Affiliate. We reserve the right to change and update these from time to time.
1.2 Payment
1.2.1 SLC shall pay the Affiliate according to the conditions established in clause 3.
1.3 Registration of the Affiliate´s players / users
1.3.1 SLC shall register the Affiliate’s players/users (i.e. players/users sent to our website via links on the Affiliate’s websites who make a deposit in accordance with these terms and conditions). We reserve the right to reject players/users, or to cancel their accounts if necessary, in order to ensure the compliance of the player / user terms and conditions as set out on our websites.
2. Affiliate’s Obligations
2.1 Unique account
2.1.1 Upon acceptance to join our Affiliate programme, you are only allowed to create one unique Member account. No Affiliate is permitted to create more than one account. In the event that a duplicate Affiliate account is discovered we reserve the right cancel all accounts registered with SLC. This shall be viewed as a direct violation of the Affiliate terms and conditions.2.2 Non-exclusive rights
2.2.1 This agreement does not grant any exclusive rights or privileges to the Affiliate. Affiliates shall not have any right to customers that have not been referred by them.
2.3 Online information and access to our promotions
2.3.1 As an Affiliate you will be entitled to online access to your account, which will permit you to obtain:
i) links to SLCs products;
ii) selection of promotional marketing tools (banners, landing pages, etc); and
iii) information and reports about the players/users sent to the promoted sites
and conversion statistics.
2.3.2 During the term of this agreement, you shall prominently display the most up-to-date links supplied to you by SLC, in a manner and location agreed between you and SLC and you shall not alter the form, location or operation of the links without our prior written consent. If the Affiliate fails to display the links of the promoted SLC products, we may terminate this agreement immediately without notice.
2.3.3 The Affiliate agrees to give SLC all reasonable assistance in respect of the display, access to, transmission and maintenance of the links.
2.4 Good Faith
2.4.1 The Affiliate will not generate artificial (including BOTS) and/or fraudulent traffic. SLC reserves the right to retain and to not pay any amount that we consider has been generated in an artificial and/or fraudulent way.
2.4.2 Neither you nor your direct relatives are eligible to become customers of our sites and you shall not be entitled to receive any payment or remuneration from us for the referral of such relatives or friends. Direct relatives in this context shall include your spouse, partner, parent, child or sibling.
2.4.3 The Affiliate shall ensure that no link of the promoted sites will be placed on websites aimed at persons under the age of 18 years.
2.4.4 The Affiliate is not entitled to offer any person or entity any consideration or incentive for using, directly or indirectly, the promoted sites without express written approval from SLC.
2.4.5 The Affiliate shall not:
i) in any way modify, redirect, suppress or substitute the operation
of any button, link, or of any other interactive feature of the promoted sites;
ii) engage in transactions of any kind on the promoted product
websites on behalf of any third party, or authorise, assist or encourage any other
person or entity to do so; nor
iii) take any action that could reasonably cause any end-user confusion
as to our relationship with you, or as to the site on which any functions or transactions
are occurring.
2.4.6 In general terms, the Affiliate shall not be allowed to provide its service in a different way to what is established in this agreement without SLC’s prior and written consent.
2.4.7 In the event that SLC discovers that the Affiliate is in breach of the terms of this agreement, or takes any action which would put SLC in breach of any advertising codes applicable under ASA regulations, or takes any action that would put SLC in breach of any regulation laid down by either the Gambling Commission (GB), the company will be entitled to take such measures as to render inoperative the links used by you and immediately terminate this agreement without prior notice to you.
2.5 Confidentiality
2.5.1 For the term of this agreement, the Affiliate may receive confidential information in relation to business, operations or technology. The Members specifically agree not to reveal confidential information
3. Payment
Casino sites
3.1 You shall be entitled to indicate, on your application form to join SLC’s Affiliate programme, which payment option you prefer. If you would prefer to receive a share of the Revenue (as defined below) then such monies shall be dealt with in accordance with clause
3.2. If you indicate that you would like to receive CPA payments, then such monies shall be dealt with in accordance with clause 3.4.
3.2 If you have indicated on your application form that you wish to receive a share of the Revenue, then SLC shall pay you (in accordance with the provisions of clause 3.6) the currently published percentage (as detailed on the commission page of your SLC’s Affiliate account) of Revenue Share (as defined below) received during the term of this agreement.
3.3 "Revenue Share" is based on the net revenue for a player. The net revenue is calculated on a daily basis as follows: all gross monies received by SLC from customers through SLC’s promoted websites, less monies paid out to customers as winnings less, chargebacks and bonuses paid out to a player / user.
3.4 If you have indicated on your application form that you wish to receive CPA payment, then SLC shall pay (in accordance with the provisions of clause 3.6) a CPA payment, in accordance with the agreed CPA commission, inclusive of VAT if applicable.
3.5 Affiliates who operate cashback / voucher and other incentivised website are only permitted to run the SLC Affiliate programme with written approval and on the below commission scheme. Affiliates who are found to be operating incentives from their websites without written approval will be asked to leave the SLC Affiliate Programme
3.6 SLC shall provide you with statements accessible through the website (campaign statistics) detailing the number of customers and your share of net Revenues and/or CPA Payments (as appropriate), if any, which have accrued to you over the course of the calendar month. Such statements shall be updated daily. At the end of a calendar month, SLC shall record your total share of net Revenues and/or CPA Payments (as appropriate), if any, during the previous calendar month. In the event that a Revenue Share in any calendar month is a negative amount, it will not be carried forward to the next month. If a Revenue Share does not exceed £50, SLC shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds £50, at which time payment shall be made in accordance with clause 3.7.
For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than £50 in any given month. Also, if an Affiliate fails to refer new users / players to a promoted SLC website over a period of three consecutive months, the Affiliate will cease to generate Revenue Share by players/users brought until that time.
3.7 Subject to clause 3.6 above, at the end of a calendar month, you may raise an invoice for the relevant Revenue Share payable by SLC to you, which shall be paid within 45 days of receipt by SLC. However, raising an invoice is not a requirement by you as the relevant Revenue Share payable by SLC to you shall be automatically raised and paid out (in accordance with clause 3.6) within 60 days of the end of the relevant calendar month on 20th (twentieth) of the month. Such Revenue Share shall be paid in pounds sterling, inclusive of VAT, if applicable.
3.8 If an error is made in the calculation of your share of the Revenue Share, SLC reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by SLC to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time). Net Revenues received in currencies other than pounds sterling shall be converted in accordance with SLC's standard currency exchange policy. All payments shall be made inclusive of VAT, if applicable.
Bingo and Games sites
3.9 You shall be entitled to indicate, on your application form to join SLC’s Affiliate programme, which payment option you prefer. If you would prefer to receive a share of the Revenue (as defined below) then such monies shall be dealt with in accordance with clause 3.9. If you indicate that you would like to receive CPA payment (as defined below) then such monies shall be dealt with in accordance with clause 3.11.
3.10 If you have indicated on your application form that you wish to receive a share of the Revenue, then SLC shall pay you (in accordance with the provisions of clause 3.13) the currently published percentage (as detailed on the commission page of your SLC’s Affiliate account) of Revenue Share (as defined below) received during the term of this agreement.
3.11 "Revenue Share" means all gross monies received from players/users in deposits less payouts.
3.12 If you have indicated on your application form that you wish to receive CPA payment, then SLC shall pay (in accordance with the provisions of clause 3.13) a CPA payment, in accordance with the agreed CPA commission, inclusive of VAT if applicable.
3.13 Affiliates who operate cashback/voucher and other incentivised website are only permitted to run the SLC Affiliate programme with written approval and on the below commission scheme. Affiliates who are found to be operating incentives from their websites without written approval will be asked to leave the SLC Affiliate Programme
Cashback/voucher sites will be offered a reduced CPA commission based on volume and quality and with prior approval from SLC.
3.14 SLC shall provide you with statements accessible through the website (campaign statistics) detailing the number of customers and your share of net Revenues and/or CPA Payments (as appropriate), if any, which have accrued to you over the course of the calendar month. Such statements shall be updated daily. At the end of a calendar month, SLC shall record your total share of net Revenues and/or CPA Payments (as appropriate), if any, during the previous calendar month. In the event that a Revenue Share in any calendar month is a negative amount, it will not be carried forward to the next month. If a Revenue Share does not exceed £50, SLC shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds £50, at which time payment shall be made in accordance with clause 3.12.
For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than £50 in any given month. As well, if an Affiliate fails to bring new customers to a promoted website over a period of three consecutive months, the Affiliate will cease to generate Revenue Share by players brought until that time. If you have indicated on your application form that you wish to receive CPA payment, then SLC shall pay (in accordance with the provisions of clause 3.14) a CPA payment, as detailed on the commission page of your SLC Affiliate account ("CPA Payments"), inclusive of VAT if applicable.
3.15 Subject to clause 3.14 above, at the end of a calendar month, you may raise an invoice for the relevant Revenue Share payable by SLC to you, which shall be paid within 45 days of receipt by SLC of such invoice. However, raising an invoice is not a requirement by you as the relevant Revenue Share payable by SLC to you shall be automatically raised and paid out (in accordance with clause 3.12) within 60 days of the end of the relevant calendar month. Such Revenue Share shall be paid in pounds sterling, inclusive of VAT if applicable.
3.15 If an error is made in the calculation of your share of the Revenue Share, SLC reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by SLC to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time). Net Revenues received in currencies other than pounds sterling shall be converted in accordance with SLC's standard currency exchange policy. All payments shall be made inclusive of VAT, if applicable.
4. Intellectual Property
4.1 SLC grants you a non-exclusive and worldwide license to display SLC’s brand features and its related content during the term of this agreement and in accordance with what is established through the agreement. All intellectual property rights and any goodwill arising in the links and in all the promoted sites, associated systems and software relating to the services provided by SLC to its customers from time to time shall remain the property of SLC. The only intellectual property rights that the Affiliate obtains are those ones inherent to this agreement.
5. Exclusivity, Non-Competition and Ownership of Service Name
5.1. The Affiliate does not have paid consideration for the use of the trademarks, logos, copyrights, trade names, or designations belonging to SLC, and nothing contained in these Terms and Conditions shall give the Affiliate any right, title or interest in or to any of them.
5.2. The Affiliate acknowledges that SLC own and retain all copyrights and other proprietary rights, as well as any software supplied by SLC, in all of the foregoing. The Affiliate shall not assert any claim or interest in or to any trademark, trade name, copyright, service mark or logo belonging or licensed to SLC, or do anything to adversely affect their validity or enforceability. This includes any act or assistance to any act that may infringe, or lead to the infringement of, any software copyright.
5.3. Without limiting the generality of the above terms, the Affiliate shall not itself attempt, or assist any third party in attempting, to register any trademark, trade name or other proprietary right with any governmental agency (federal, provincial, local or otherwise) or with any other entity or authority, without the express, unequivocal and unambiguous prior written consent of SLC. The Affiliate Partner Company shall not attach any additional trademarks, logos or trade designations to the Software; and shall ensure that none of the trademarks (or any variations thereof) appear in any portion of the Affiliate’s name, or any name under which the Affiliate conducts business. The Affiliate shall not affix a trademark, logo or trade name of SLC to any non-SLC product. The Affiliate shall not alter, erase, deface or overprint any notice of proprietary rights on anything provided by SLC.
5.4 Pay Per Click (PPC) conditions and restrictions including brand bidding
Smart Live Casino does not permit Affiliates to drive pay-per-click traffic to its brand name and variations thereof via any search engine, directory or online database by bidding on the registered brand term or any of its variables in the title, description or advertisement. Nor does Smart Live Casino permit affiliates to drive traffic directly to our websites without the use of their own website.
This specifically includes but is not limited to:
Smart Live Casino
Smart Live Roulette
Smart Live Blackjack
Smart Live Poker
Smart Live Bingo
6. Representations, Warranties and Indemnity
1 The Affiliate hereby represents and warrants to SLC that: -
(i) the Affiliate has sufficient authority to enter into this agreement;
(ii) the Affiliate’s website used for the services agreed under this agreement does
not and will, at all times, not infringe any copyright, trade secret, trademark,
or other personal or proprietary right, held by any third party;
(iii) the Affiliate’s website does not, and will not, contain any messages, data,
images or programmes which are, by law, defamatory, obscene, profane or pornographic.
6.2 The Affiliate will indemnify SLC from and against any loss, claim, liability, damage, action or cause of action (including, without limitation, reasonable attorneys’ fees) brought against SLC by a third party (including without limitation any tribunal, regulatory authority or other competent body having relevant jurisdiction in any jurisdiction) suffered or incurred, directly or indirectly, by SLC in consequence of any breach by you of this warranty.
7. Disclaimer
7.1 SLC makes no representation that the operation of the promoted websites will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
8. Exclusion of Liability
8.1 Nothing in this clause shall limit SLC's liability for death or personal injury resulting from SLC’s negligence or for fraud.
8.2 SLC shall not be liable, in contract, tort (including without limitation negligence) or for breach of statutory duty or in any other way for: -
i) loss of revenues, profits, contracts, business or anticipated savings;
ii) any loss of goodwill or reputation;
iii) any indirect or consequential losses;
iv) 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.
8.3 SLC’s liability shall not, in any event, exceed the sum of the total monies paid by us to you over the 6 month period preceding the date on which such liability was accrued.
9. Term and termination
9.1 This agreement shall start on the date that we notify you that your application has been successful.
9.2 Either party ("Non-Defaulting Party") may bring the term to an end with immediate effect by written notice to the other party ("Defaulting Party") if: -
i) the Defaulting Party commits a breach of its material obligations under this
agreement and in the case of a remediable breach, fails to remedy it within 15 days
of the date of receipt of notice from the other;
ii) the Defaulting Party becomes insolvent or unable to pay its debts, proposes
a voluntary arrangement, has a receiver, administrator or manager appointed over
the whole or any part of its business or assets, or if any petition shall be presented,
order shall be made or resolution passed for its winding up (except for the purposes
of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if
it shall otherwise propose or enter into any composition or arrangement with its
creditors or any class of them, or it ceases to carry on business or if it claims
the benefit of any statutory moratorium.
9.3 Either Party may terminate this agreement on delivery of four weeks' prior written notice to the other party. This does not stand in the instance of fraud where we reserve the right to suspend or terminate the Affiliate account immediately in accordance with clause 2.4.7
9.4 If you do not deliver one (1) new customer registration within a period of three months (billed months) we may terminate this agreement immediately by delivery of written notice to you.
9.5 Each party shall forthwith give notice in writing to the other party of any event.
9.6 Without prejudice to clause 8.4, we reserve the right to terminate this agreement at any time and for any reason immediately by delivery of written notice to you.
9.7 The parties shall have no further obligations or rights under this agreement after the end of the term, without prejudice to any obligations or rights which have accrued to either party at the time when the agreement ends save those other clauses the survival of which is necessary for the interpretation or enforcement of this agreement, shall continue to have effect after the end of the term.
9.8 At the end of the term, you will have to remove all the authoring marketing tools, and all the links of the promoted sites.
9.9 At the end of the term: -
i) all the rights and licenses given to the Member in this agreement, will arrive
to an end immediately;
ii) you will have no right to receive further payments.
9.10 SLC reserves the right to deduct, from the last payment, the possible amounts that any breach of contract has generated.
10. Other Disposals
10.1 This agreement replaces all previous terms and conditions of our Affiliate programme.
10.2 We may change all or any part of this agreement at any time. Notice of any changes will be given by message to your email address 5 days in advance of any such changes. If you do not agree to the changes you should terminate this agreement in accordance with its terms. We will publish details of any changes to the terms and conditions. Your continued participation in our Affiliate programme after we have posted the changes will constitute binding acceptance of such changes.
10.3 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, privilege, power, claim or remedy conferred by or arising under this agreement or by law, be deemed to be or construed as a waiver of that or any other right, privilege, power, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
10.4 You shall not without the prior written consent of SLC assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-license or deal with this agreement or any rights under this agreement, or sub-contract any or all of its obligations under it, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.
10.5 If any of the provisions of this agreement should be invalid or ineffective or become invalid or ineffective, such invalidity shall not effect or impair the validity of the other provisions of this agreement. The invalid or ineffective provision shall be replaced by a valid provision which incorporates the economic intent and purpose of the invalid or ineffective provision to the extent possible. This provision shall also apply if the agreement contains a gap which requires an appropriate provision shall remain in full force and effect.
11. Governing Law and Dispute Resolution
11.1 The validity and interpretation of this agreement shall be governed and construed in all respects exclusively by the laws of England and the license issued by the Gambling Commission of Great Britain.
11.2 The Parties shall use their best endeavors to negotiate in good faith and settle amicably and as quickly as possible any dispute or difference between the Parties or any of them related to this agreement or a breach of it.
11.3 If no settlement can be reached through consultation within sixty (60) natural days after either party has given written notice to the other party of the existence of a dispute under this agreement, the matter may, at the election of any party, be brought before the competent Court of England which shall have exclusive jurisdiction over any disputes or differences. The parties expressly renounce to any other jurisdiction other than England.
11.4 If any of the provisions of this agreement should be invalid or ineffective or become invalid or ineffective, such invalidity shall not effect or impair the validity of the other provisions of this agreement. The invalid or ineffective provision shall be replaced by a valid provision which incorporates the economic intent and purpose of the invalid or ineffective provision to the extent possible. This provision shall also apply if the agreement contains a gap which requires an appropriate provision. On approval, the Affiliate accepts the terms and the conditions of this agreement by submitting the form in the Join Now section of the SLC Affiliate website.
12. Changes to the service
SLC reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. Members may either agree to such changes or withdraw from the service.
- Any changes to commission percentages, net revenue related definitions or payment timings are deemed major changes.
- Members are free to terminate their relationship if they disagree with any changes.
- We advise our members to check the terms and conditions for changes at least once every 4 weeks.

