TERMS and CONDITIONS

Please read our Terms and Conditions carefully.

The following is the complete Terms and Conditions to apply as a member of the 121Affiliate.com Affiliate Program. Please read this agreement completely. By submitting the application form and/or linking to the any of the sites in our program, you are deemed to have agreed to be bound to the Terms and Conditions set out in this agreement.

You can enroll as a member of 121Affiliate.com Affiliate Program by creating a unique link to any of our websites, using text or one of our banners.

1. Definitions

• 1.1. "Site" means the 121Casino.com website or the websites of any of its represented brands or their related pages.
• 1.2. "Player(s)" means a person that enters one of our brands via your Tracker(s) and deposits money.
• 1.3. "Tracker(s)" means the unique tracking URL that we provide exclusively to you, during the term of this Agreement, through which we track your efforts and calculate your Revenue.
• 1.4. "Banners and Text Links" means the graphical artwork or text that will be directed to our Site home page through your Tracker, to permit a Player to hyperlink from your website to our Site.
• 1.5. "Deposit(s)" means funds transferred by Players to their Site account.
• 1.6. "Redeem(s)" means any and all funds withdrawn or cashed-out by Players from their Site account plus 'bonuses' or other promotional amounts given to Players by us including but not limited to, any 'sign up' Bonuses, plus any amount pending on the players account plus any Deposits reversed (or credits given) by us, in our sole discretion, to negate fraud, error, Player non satisfaction or through charge-backs.
• 1.7. "Net Revenue" will mean the sum of Deposits less Redeems generated on your Tracker(s) based solely on our log files.
• 1.8. "Revenue" is the percentage of Net Revenue due and payable to you, at the end of each calendar month, based solely on our system's data. The Revenue will be an agreed percentage of the "Net Revenue" according to the amount of wagers made by players you send within 1 month of activity.
• 1.9. "CPA Structure" is based on a one-time payment in which the affiliate is paid for each depositing qualified player he delivers to one of our sites. The CPA amount will vary based on the negotiated rate and will only be paid once for each qualified player. A Qualified player for CPA is one deemed to have deposited an amount equal to 130% of the value the affiliate receives for bringing that player to 121Casino.com (As an example, if the affiliate receives $100 per real money player, they only receive payment for that player when he or she has made deposits of $130 or more) exceeded the minimum amount of Player Points, Rake or wagering depending on each site's specific CPA terms and your agreement with us. In case of a CPA player claiming chargeback or a credit the player will not be counted. "Duplicate player(s)" means a player that opened more than one account on one of our Sites. "Abusive Player" means a player who demonstrates any kind of behavior that the Site deems a violation of its terms of use. Affiliates who chose a CPA commission structure will receive no commissions for Duplicate Players and Abusive players. 1.9.1 We do not offer CPA deals to any affiliates based within China or Belarus. 
• 1.10. "Hybrid Structure is a combined structure of Revenue and CPA. The affiliate gets a monthly payment at the end of each calendar month based solely on our system's data.
• 1.11. "Spam" means emails and messages that are sent by you, directly or indirectly, which: 1), contain false or misleading statements; 2), do not truthfully identify the source or the originating IP Address; or 3), do not contain an online and real time Remove option.
• 1.12. "Fraud Traffic" means Deposits or traffic generated at the Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks. Fraud Traffic also includes but is not limited to using commissions to solicit players and divulge or publicize what commissions have been agreed between us. Any offer to players that include a percentage of your affiliate commission is strictly forbidden and can lead to the closure of your account and the non-payment of Revenues.
• 1.13. Fraud also includes the staking or incentivising of players in an attempt to get CPA paid as a result. All forms of this activity will result in affiliate commission not being paid. Additionally, CPA will not be paid for any incentive traffic and for any casino players encouraged to use systems and methods such as the doubling system in casinos which is regarded as CPA abuse. Casino CPA will only be paid if the traffic sent to us is from real casino websites. For CPA to be paid the traffic must not be Bonus seekers and there should be no personal relationship whatsoever between the affiliate and the players. An affiliate can under no circumstances deposit and play under his own CPA account.
• 1.14. Affiliates must not discuss with any third party or publicize the amount of commission they receive. Moreover, affiliates will not pass on or share any part of their % commission or CPA to players.
• 1.15. Rake back on our poker products is strictly forbidden.
• 1.16. "Sub-Affiliates" means all traffic generated via your dedicated links and generated by a 3rd party you contacted and linked to the Site.
• 1.17. By entering into this Agreement you undertake that you, or any Second Tier Affiliate, will not: 
  (i) actively target Customers located in France including but not limited to sending Customers correspondence, the use of bannering, off-line advertising and direct marketing; and 
  (ii) send 121Casino or any of its Merchant casino sites any French traffic or players from a .fr based domain. 
  121Casino and Mulano reserves the right to immediately terminate this Agreement should you or your Second-tier Affiliate breach the abovementioned clause 1.17 and excludes to the fullest extent lawfully permitted all liability incurred pursuant to such a breach of the abovementioned clause 1.17

2. Our Rights and Obligations

• 2.1. Register your players. We will register your players and will track their play. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
• 2.2. Track players Play. We will track players play and will provide you with remote online access to reports of customer activity and the Revenue generated.
• 2.3. Pay Revenues.  We will pay you Revenue (defined above) we earn from players directed from your site after they open an account with us and based on deposits they make for real money. Payment will not be made to any affiliate that earns revenue solely from sub-affiliates.
• 2.4. Modification.  We may modify any of the Terms and Conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site which we will notify you of. Modifications may include, for example, changes in the scope of available Revenue, fee schedules, and Affiliate Program rules. 
  IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

3. Your Rights and Obligations

• 3.1. Linking to 121Casino.com
  By agreeing to participate in this Affiliate Program, you agree to create a unique link from your site to the 121Casino.com site. You may link to us with one of our banners or with a text link. With our written permission, you may link directly to our downloadable *.exe file. These are the only methods by which you may advertise on our behalf.
• 3.2. Spam 
  We will terminate this agreement immediately if there is any form of spamming or if you advertise our Site in any other unauthorized way. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
• 3.3. Agency Appointment 
  By this Agreement, we grant you the non-exclusive right to direct customers to our sites and services, in accordance with the Terms and Conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to Advertising Revenue or other compensation on business secured by or through persons or entities other than you.
• 3.4. Approved Layouts 
  Without our prior written approval, you will only use our approved banners and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use banners from 121Affiliate.com.
• 3.5. Good Faith
  You will not benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve 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. Even if you have not knowingly generated such traffic, we reserve the right to withhold Revenue with respect to such traffic.
• 3.6. Responsibility for Your Site 
  You will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
• 3.7. License to use Marks 
  We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. 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 the banners. 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 or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
• 3.8. In the event that a special deal has been negotiated with you with you, it is your responsibility to honor your side of this agreement. If you fail to honor your side of the agreement or you removes our brands from your site, or change the position agreed. Then the deal is considered broken and all deals - CPA and revenue share - will be immediately reduced to the lowest parameters advertised on this site. This reduction in percentages will be back-dated to the start of our partnership with you.
• 3.9. If you fail to send new depositors then we reserve the right to reduce your commission deal to the basic level - the lowest parameters advertised on this site.

4. Chargeback's and Payments

• A chargeback is defined as un-collectable CC transaction from the CC companies as a result of customer nonpayment or fraudulent credit card use. All chargeback amounts will be deducted from your payment or the reserved funds. Chargeback fees will be paid to CC companies and will be administered by the relevant brand.
• 4.1. Chargeback's credits during processing period. If a chargeback or credit occurs during the fee payment-processing period (12 business days), we reserve the right to deduct the associated fees from the owed Advertising revenues.
• 4.2. Fee Payment, we will pay you Revenue on a monthly basis, by the tenth of each month, but not less than $100 per payment. If you fail to achieve the amount of $100 Revenue on a certain month, the earned amount will be forwarded to the next calendar month. All payments due will be paid in Euros. With respect to payments by Wire Transfer and Check the minimum payments amounts are $1000 and $500 respectively. If the account is in a negative position (e.g. because customer winnings have exceeded customer losses) the negative position will be carried over into the following month(s). Advertising Revenue will be based upon our good faith calculation based on our statistics.
• 4.3. Commission when player is affiliate.  121Affiliate reserves the right not to pay an affiliate partner for their personal losses within the site(s).

5. Brand Names/Trademarks

• 121Casino does not permit its affiliates to use the terms 121Casino, Casino121, 121Affiliate, Mulano or any other of its brand names / trademarks in any domain used to send players to us. Any affiliate found doing so will be required to transfer the domain to us.
• If you do own a domain containing any of our brand names/trademarks please login to your registrar and unlock the domain which needs to be transferred. You should then send us the authorisation code. We will then initiate the transfer and pay the transfer cost associated with this. Continued practice will cause the affiliate to be subject to termination and payments suspended. Please help us with this issue by either handing your domain/s over or reporting any such domains to us.
• Marketing Codes
• You have been issued one marketing code per Brand and this is to be used only on the site on which you have been approved to promote our 121Casino Brand. Any partners found to be sending traffic from an unapproved site will risk having the traffic from that site invalidated and/or having their affiliate status removed.
• Approved use of Marketing Codes
• Creating web sites for the sole purpose of taking advantage of any of our Brand terms is not allowed. Sites targeting marketing codes will need to cease doing so or risk payments being withheld. Whilst including a marketing code on your site is allowed, a site which only exists for the purpose of promoting marketing codes is not. This includes websites with 'marketing code' in the URL and other sites which are deemed to serve no purpose other than to promote the marketing code. The same applies to buying PPC ads in Google, etc.

6. Term and Termination

• 6.1. The term of this Agreement will begin when you create a unique link to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
• 6.2. Upon termination:
  You must remove all of our banners/icons from your site and disable the link from your site to ours.
  All rights and licenses given to you in this Agreement shall immediately terminate.
  If you have failed to fulfill your obligations and responsibilities, we will not pay you the Advertising Revenue otherwise owing to you on termination.
  We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
  If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
• 6.3. Confidential Information 
  WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, and/or violate intellectual property rights.
• 6.4. Commercial Use Only. This Marketing opportunity is for commercial use only, and you, your family members, friendly associates may not make deposits, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Advertising Revenue payables to you. If you wish to make test transactions to evaluate the system, including deposits, please contact so we can refund the charges once you have completed your testing. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deduct such deposits or traffic from your Advertising Revenue.

7. Indemnity

• You shall defend, indemnify, and hold Mulano Limited, 121Casino.com and 121Affiliate.com, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:

• • Any breach by you of any warranty, representation, or agreement contained in this 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 Affiliate Program.

8. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program marketing fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

9. Relationship of Parties

You and we are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of Mulano Limited, 121Casino.com, 121Affiliate.com or our brands. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.

10. Limitation of Liability

We 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 Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total Advertising Revenue paid or payable to you under this Agreement. 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. Any liability arising under this Agreement shall be satisfied solely from the marketing fee generated and is limited to direct damages.

11. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

12. Miscellaneous

• 12.1. Governing Law - The laws of Gibraltar, without reference to, will govern This Agreement rules governing choice of law. Any action relating to this Agreement must be brought in Gibraltar and you irrevocably consent to the jurisdiction of its courts.
• 12.2. Non-Waiver 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. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
• 12.3. Remedies Our rights and remedies hereunder 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 obligations 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.

12.4. Waiver 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 provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective. IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.