To be an authorized partner at Dober Games, you must agree to abide by the terms and conditions set forth in this agreement. We request that all individuals and companies interested in utilizing the Dober Games partner program read through this Agreement, since usage of our program will constitute a binding contract as stipulated below.
“Program” shall mean the affiliate program that Dober Games offers Dober Partners, located at Dober.games/partners – This shall include all agreements, materials and resources provided by Dober Games to partners. URL of the program can change at the discretion of Dober Games.
“Partner” shall mean any individual or company that signs up at Dober.games/partners for the purposes of advertising the Dober Games products and services on a commission or performance basis.
“Tracking Link” shall mean the URL(s) that the program provides the partners for the purposes of advertising the Dober Games services. These tracking links shall ensure that drivers referred by partner are adequately attached to the partner account for the payment of commissions.
“First Time Depositor” or “FTD” – Means a client who does not have an account and has not previously deposited that a partner sends the program via a tracking link and whom completes a first time deposit after having clicked the partner tracking link.
“Active Partner” shall mean any partner who has sent at least 5FTD during the last twelve months previous to commission month.
“Inactive Partner” shall mean any partner who has not sent at least 5 FTD during the last twelve months previous to commission month.
“Commission Month” shall mean a calendar month starting from the first minute of the first day of the month until the last minute of the last day of the month.
“Net revenue”shall be determined by the formula: Entry Fees minus winnings minus promotional credits minus fraud costs minus fees. This is calculated on a
“Commission” this is the revenue earned by a partner as a percentage of net revenue generated during a commission month. Commissions are paid on a tiered system based on the number of FTDs sent by a partner during a commission month. Partners who send between 1-10 FTDs shall earn 20% of net revenue. Partners who send between 11-25 FTDsshall earn25% of net revenue. Partners who send between 26-75 FTDs shall earn 30% of net revenue. Partners who send between 76-150 FTDs shall earn 35% of net revenue. Partners who send over 151 FTDs shall earn 40% of net revenue.
“Website” or “Partner Site” shall mean the URL provided by partner at the time of registration or as indicated by partner at a later time and approved by Dober Games where the advertising for Dober Games will take place.
“Marketing Materials” shall mean all materials provided by Dober Games to partner for the purposes of advertising Dober Games. This shall include but not be limited to: Banners, videos, text links, emails, interactive media and any other form of media provided by Dober to partners.
To begin the enrollment process potential partners need to complete the form located on the Dober Games website with full and accurate information. Approval or rejection of the application will be completely at the discretion of program based on program’s criteria for suitable partner sites. Dober Games may require additional information from partner other than what is originally requested via the enrollment form. Under no circumstances will program accept promotion of Dober Games on websites that feature: hate content, pornography, underage contest participation, violation of intellectual property, illegal activity, violence, viruses, hacking, exploitation, prescription medication, discrimination based on age, sex, religion, race, ethnicity, sexual orientation or nationality. This is not a complete list and Dober Games retains the right to amend this list at any time without previous warning. Partner agrees to not promote the program on such websites.
Additionally, partner understands that the program retains the right to cancel any partner account at any time and for any reason deemed appropriate at the sole discretion of Dober Games.
Approved partners will have access to appropriate and approved marketing materials for the advertising of Dober Games on partner site. The marketing materials provided will come with specific guidelines as to the proper use, placement and utilization of such media.
Only activity generated through properly used marketing materials in accordance with these terms and conditions will result in the tracking of FTDs and payment thereof of commissions. Dober Games will not be liable for incorrect usage of marketing materials that result in the loss of revenue by partner.
Partner agrees that the usage of such marketing materials will result in the collection of website and user data that will be obtained and stored, indirectly and directly by Dober Games and 3rd party services utilized by Dober Games. Additionally, partner agrees that by participating in the program Dober Games will retain the right to manually and automatically scan, monitor and retrieve website data to verify proper functioning of tracking links, placement of links, content on website and for other purposes.
Participation in the program and usage of marketing materials constitutes the partners unconditional and complete consent and authorization for Dober Games to access partner website.
Marketing materials must be used in the manner intended and no other manner. Marketing materials are to be utilized as provided without modification. Usage of marketing materials is for the partner site only and is not to be sold, redistributed, sublicensed or transferred in any manner whatsoever including the re-purposing of marketing materials for the promotion of services that are not directly approved in this agreement. Partner agrees to remove, amend or change marketing materials as requested by Dober Games.
Partner shall be responsible for making a reasonable effort to promote the Dober Games through the authorized marketing materials in a professional and lawful manner. Partner shall be solely liable for the content of website and all marketing efforts related to the promotion of Dober Games. All marketing efforts must comply with local, state and federal regulations and laws relating to advertising and affiliate marketing, including but not limited to those stipulated by the Federal Trade Commission’s Endorsement and Testimonial Guides. Partners will be responsible for disclosing affiliate links and advertising on website.
Partner will be solely responsible for the development, maintenance, operation and content on partner site including web server equipment, accuracy of materials posted, disclosure of use of private date collected and utilized on partner site directly and indirectly through 3rd party services via a privacy policy or other sanctioned means of disclosure.
Partner will be completely responsible and shall hold Dober Games harmless for the use of material protected by laws including copyrights, trademark and other proprietary rights. Partner shall be responsible for any illegal or libelous material.
Partner shall not, nor shall partner authorize, assist, or encourage any third party to:
Dober Games explicitly disclaims all liability and responsibility for the aforementioned matters and for any matter relating to the partners promotion of Dober Games. Partner shall indemnify and hold Dober Games and its associates, directors, affiliates and 3rd party providers harmless for including, but not limited to attorney fees, loss of revenue, reputation or costs arising from the usage of the program. Partners who violate program terms and conditions will be subject to account closure and forfeiture of any revenue derived through any means that breach these terms and conditions.
Dober Games will be responsible for the registration and processing of new customer accounts and deposits and the tracking of payments and commissions to partner from such drivers who utilize correctly implemented marketing materials. Dober Games reserves the right, in its sole discretion to reject any registrations, deposits or payments that do not comply with Dober Games requirements. The program will make available to the partner reporting and a summary of sales and commission activity in a periodic manner. The manner and frequency of such reporting will vary at the discretion of Dober Games.
Partner commission payments will be paid per commission month. Partner will receive commission as a percentage of net revenue from FTDs brought by partner. Commission percentage will depend on the number of FTDs sent by partner during commission month as set forth below:
*Commission tiers are based on monthly results.
Subject to minimum referral requirements, indentity and tax form provisions, commissions are paid between 2 and 6 weeks after the last day of commission month. Calculation and payment of partner commissions will be at the sole discretion of Dober Games. Payments shall be made in United States dollars and will be subject to reasonable processing fees. A minimum balance of $500 is required before partner payment is released. Amounts below that shall be accrued until the $500 threshold is reached. Additionally no payment will be made to a partner who has not sent a minimum of 4 FTDs. Partner must request payment in order for partner payment to be processed. Partner is solely responsible for the accuracy of payment information, Dober Games will not be held responsible for payments sent to incorrect payment information.
In no event will Dober Games be held liable for payments related to end user customers who did not follow approved and properly utilized marketing materials. Dober Games retains the right to amend or change marketing materials and it is the sole responsibility of the partner to remain compliant with such changes.
In the event that Dober Games, in its sole and complete discretion suspects a partner and/or the FTDs sent by the partner to be engaged in any form of fraud, illegal or unauthorized behavior, the program retains the right to withhold payment and investigate such activity for up to 180 days. Dober Games will not be held responsible for any loss of revenue or interest from such withholdings. In the even that Dober Games in its sole discretion finds any form of fraudulent activity, no commissions will be derived and any existing reporting will be amended to reduce the fraudulent portion of earnings or the entirety of earnings both past and present in respect to such violations.
It is the partners’ sole responsibility to comply with any taxation, reporting and/or money laundering laws and regulations related to Partner’s payment method and local, state, and federal jurisdiction and/or in Partner’s country of residence. The program has a policy to request IRS Form 1099-MISC and/or other appropriate forms to any partner who receives any payment in a calendar year. Dober Games reserves the right to withhold payment and any amount required to be withheld by law until all appropriate forms have been completed and received.
Partner understands that all driver data and accounts are the sole property of Dober Games and that the current agreement in no way constitutes the relinquishment of such property. As such, Dober Games has the right to close or refuse driver service in the program’s sole discretion.
Dober Games and the affiliate partner are independent contractors and nothing in this agreement shall be construed to imply, create or in any way assume any other relationship including but not limited to partnership, agency, franchise, employment, investor, sales representative, joint venture, endorsement or contribution between the two parties.
Dober Games provides partner affiliates with “Licensed Materials” for the promotion of Dober Games, which include all media and intellectual property made available to partners via the program website. These include but are not limited to trade name, trademarks, logos, service marks, API access and others. Program grants the partner a non-transferable, non-exclusive right to use such Licensed Materials. Dober Games grants express permission to use Licensed Materials for the purposes of identifying participation in the program and advertising of the Dober Games services and products to obtain FTDs. Partner may not modify Licensed Materials in any way nor shall the partner use the Licensed Materials for purposes not expressly specified in this agreement. Dober Games retains all intellectual property rights to all Licensed Materials and retains the right to modify guidelines for Licensed Materials use at any time and revoke such license without prior notice to the partner.
Licensed Materials cannot be sold, re-assigned, sub-licensed or in any way transferred by partner to any other party for any reason whatsoever. Additionally partner may not use licensed materials to register domain names, use in website URLs, bid on trademark names on advertising platforms or register trademarks related to Dober Games intellectual property.
Partners are required to disclose all sources of user acquisition in full. Dober Games will request partners disclose such information at the time of program enrollment, as well as at any time during the partners’ promotional efforts. Itemized breakdown with sign up list by source of all sources can be required of partners who are engaged in media buys, affiliate networks, lead generation or other such efforts. Failure to comply with this or any other part of this agreement can result in account closure and earnings withholding, notwithstanding any other remedy available to Dober Games based on unauthorized behavior.
The term of this agreement shall begin on the date that Dober Games approves partner enrollment application and shall end at the time either party terminates agreement as set forth in these Terms and Conditions. Termination can be initiated at any time, with or without cause, by either party providing the other party with written notice of termination. Upon termination, it is the partner’s responsibility to immediately cease use of all Marketing Materials and Dober Games trademarksprovided by the program and remove all mentions of Dober Games from partner site. Commissions shall only be paid on FTDs acquired and customer deposits made during the active term of this agreement, and only for customers and deposits acquired in accordance the terms and conditions set forth herein. In the event of an outstanding balance being owed to partner at the time of termination, Dober Games retains the right to withhold such balance for a reasonable time to ensure against fraud and program abuse. Termination of this agreement shall not extinguish the obligation of partner or program toward each other on any points of this agreement that are designed to survive termination of agreement.
PARTNER EXPRESSLY AGREES THAT ANY USE OR ACCESS OF THE PROGRAM AND PARTICIPATION IN THE PROGRAM IS AT THE PARTNER’S OWN RISK AND THAT THE PROGRAM IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY IMPLIED, EXPRESS OR ANY TYPE OF WARRANTY WHATSOEVER. IN NO EVENT SHALL DOBER GAMES, ITS LICENSORS, SUPPLIERS, 3RD PARTY PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR REPRESENTATIVES BE HELD LIABIBLE FOR ANY SPECIAL, CONSEQUENTIAL DIRECT OR INDIRECT DAMAGES, LOSSES OR ISSUES ARRISING FROM THE USE OF THE PROGRAM, EVEN IF THEY ARRISE FROM NEGLIGENCE, FRAUD OR ABUSE BY DOBER GAMESLICENSORS, SUPPLIERS, 3RD PARTY PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR REPRESENTATIVES OR HAVE BEEN ADVICED OF THE POSIBILITY OF SUCH CLAIMS.
DOBER GAMING DISLCAIMS ANY AND ALL WARANTIES EXPRESSED OR IMPLIED ON BEHALF OF DOBER GAMES, THE PROGRAM, ITS LICENSORS, SUPPLIERS, 3RD PARTY PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR REPRESENTATIVES INCLUDING BUT NOT LIMITED TO THE TITLE OR MERCHANTABILITY OF SERVICES, THE PROFITABILITY OF THE PROGRAM, THE AVAILABILITY OF SERVICES, THE ACCURACY OF INFORMATION OR CONTENT, THE FUNCTIONING OF SYSTEMS, REPORTING, GAMES, PROCESSING, TRACKING OR RELIABILITY OF SUCH SERVICES OR ANY AND ALL SERVICES OFFERED BY DOBER GAMES DIRECTLY OR INDIRECTLY. TO THE MAXIMUM EXTENT PERMITED BY LAW, DOBER GAMES MAKES NO WARANTIES AS TO ANY FUNCTIONING, RELIABILITY, ACCESS OR ACCURACY OF ANY OF OF THE DOBER GAMES SYSTEMS, SERVICES OR PROGRAMS UNLESS SPECIFICALLY STATED OTHERWISE IN THIS AGREEMENT.
PARTNER AGREES TO HOLD DOBER GAMES AND THE PROGRAM, ITS LICENSORS, SUPPLIERS, 3RD PARTY PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR REPRESENTATIVES HARMLESS FOR ANY INTERPRETED OR IMPLIED WARRANTIES AND FOR THE LOSS OR POTENTIAL LOSS OF REVENUE, REPUTATION, DATA, CONTENT, SYSTEMS, OR ATTORNEY FEES THAT MIGHT ARRISE FROM SUCH INTERPRETATIONS, EVEN IF THE LOSSES, POTENTIAL LOSSES OR ISSUES ARRISE FROM NEGLIGENCE OR ABUSE BY DOBER GAMES AND THE PROGRAM, ITS LICENSORS, SUPPLIERS, 3RD PARTY PROVIDERS, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS OR REPRESENTATIVES, EVEN IF THEY HAVE BEEN ADVICED OF THE POSIBILITY OF SUCH CLAIMS.
Partner shall indemnify and hold harmless Dober Games and the Program, its licensors, suppliers, 3rd party providers, employees, directors, offices, shareholders or representatives from any loss, damages or injury or other losses arising from the access, use or promotion of the services and products offered by the aforementioned parties, including, but not without limitation to the use of systems, breach of Terms and Conditions contained herein, performance of partner duties in accordance this agreement, injury directly or indirectly caused by partner’s negligence, omissions, unauthorized use of marketing materials and intellectual property or intentional or unintentional acts that contradict local, state or federal legislation or the terms and conditions contained herein.
Expect as required by law or as specifically stated in this agreement, both parties agree to keep private and not disclose any information related to this agreement, the marketing materials, the terms of this agreement, the financial results of promotion, pricing and sales information, vender information, trade secrets and any and all information exchanged between the two parties collected directly or indirectly through the use of the program and the Dober Games services and products and the information disclosed by Dober Games licensors, suppliers, 3rd party providers, employees, directors, offices, shareholders or representatives, expect to the extent that any such information is already public information or can be sourced through public information databases. This provision shall survive for 5 years after termination of agreement. In the event that the partner publishes any piece of confidential information for public or private group viewing, Dober Games retains the right to publish additional information to the same source or to similar sources to clarify or place in perspective any information originally published by partner.
Dober Games may at their sole discretion, amend, edit or modify this Agreement in part or in whole at any time and without prior notice to the partner. The partner will be bound and subject to any such editions upon the publishing of such changes on the Dober Games website or via the communication of such changes by Dober games via any electronic or written medium. Dober Games therefore encourages partners to regularly review the terms and conditions to ensure acceptability of such changes. In the event that the partner finds any part of this agreement or any change or modification to this agreement unacceptable, the only available recourse the partner shall have is the severance of the agreement as stipulated within this agreement. Continued participation in the program constitutes unwavering acceptance of any and all points contained herein.
By utilizing the program and any and all Dober Games services and products the partner agrees to have conducted full and independent investigation as to the viability, legality and desirability of the program and the terms and conditions associated to the program and contained on this and other pages related to Dober Games and the program. Partner agrees that usage of the program is not based on the warranties or statements provided by the program as part of the program’s marketing materials or any other materials published by Dober Games or company representatives or any other company in any way associated or connected to the company.
This agreement shall be construed and governed by the laws of the United States of America and the state of Delaware. Any disputes shall be settled by the courts of this state and shall be binding to both parties. A failure of enforcement of the terms and conditions contained in this agreement or the laws of the United States of America or Delaware will in no way constitute a waiver by Dober Games to the rights and enforcement provided by this agreement and related laws.