Terms and Conditions

1 - Cooperation Framework

The operator VERSUS ONLINE, S.A. has a General License for Other Games, accredited by the Spanish Dirección General de Ordenación del Juego. Under the brand name VERSUS ONLINE, S.A. the operator manages a platform for online games, which can be accessed through the address. www.versus.es

The operator offers the owners of any websites or blogs the possibility to promote their online gaming platform by sending e-marketing tools (promotional banners, text links...) which allows their customers or new players the possibility to visit the new online platform.

The operator offers the owners of any websites or blogs the possibility to promote their online gaming platform by sending e-marketing tools (promotional banners, text links...) which allows their customers or new players the possibility to visit the new online platform.

These terms and conditions provide a summary of all the rights and duties of the operator and its partners within the framework of this affiliation and, in general, of the conditions of this partnership. These terms and conditions, the prior acceptance of which by prospective partners is a fundamental requirement for the implementation of the partnership, are the legal framework of the relationship between the operator and its partners with respect to the promotion of the gaming platform at www.versus.es.

2 - Identification of the parties

These terms and conditions govern the partnership created between the parties constituted between: VERSUS ONLINE, S.A. whose registered office is located at Calle Marqués de Montemar 17, Edificio Jazmín, 52006 Melilla with Registration Number A73733016 (hereinafter referred to as operator) and the natural or legal person indicated in the registration record (hereinafter referred to as affiliate).

The operator reserves the right to request from the affiliate a copy of his/her identity document, as well as proof of residence.

In case the affiliate provides false information in the registration form, the partnership with the operator will be cancelled immediately and without notice. In addition, the affiliate will forfeit any and all rights to the benefits of any extraordinary income, without prejudice to the operator's right to claim reimbursement of the income previously received by the affiliate.

3 - Definitions

Within the framework of these terms and conditions, please note the definition of the following expressions and terms:

  • E-marketing tools: these are tools for the promotion of the gaming operator's platform that are made available to affiliates in the form of promotional banners, logos, text links, hyperlinks and other technological procedures in order to provide Internet users with access to the website www.versus.es, or to any other site established by the operator.
  • Benefit Sharing Qualified Player: this is a player model that meets all of the requirements shown below:
    • Having been registered on the gaming platform through one of the affiliate's marketing tools.

      Not to have been previously registered on the gaming platform

      Have been accepted as a player after the completion of the identity verification procedure.

      You must have deposited a minimum amount of £10 in your player account and have played a minimum stake of £10 of real money in the games.

      You must have been accepted as a player after completion of the identity verification procedure.

  • Gaming platform: the online gaming platform that is directly or indirectly managed by the operator shall be accessible through the website www.versus.es, or through any other web address that the operator accepts.
4 - Obligations of the Affiliate

4.1. The Affiliate promotes the gaming platform exclusively through the e-marketing tools offered by the Operator. These tools are available in the gaming platform area, which is reserved for affiliates and to which the affiliate has access with the login and password he/she chose when registering. The tools remain the property of the operator. The fact that the tools are available to affiliates does not prejudice the intellectual property rights.

The e-marketing tools made available to the affiliate by the operator are personal in that they contain technical tracking information that the operator can use to identify players who have registered through the affiliate. These e-marketing tools may only be used by the affiliate to whom they were provided. Any use by third parties that have not been approved in advance by the operator, may in no event give rise to payment of the affiliate's revenue as outlined in these terms and conditions.

4.2. The promotion of the gaming platform by the Affiliate must occur in accordance with the specific requirements of the legislation applicable to the Affiliate, taking into account its place of business, and shall be conducted professionally and properly.

The Operator reserves the right to immediately suspend the partnership, without prior notice or compensation of any kind, in the event that the promotional methods used by the Affiliate are illegal, inappropriate or questionable, in particular if these methods violate the Operator or its activities, whatever they may be.

4.3. The Affiliate may not, by means of any type of agreement with a third party, infringe the normal operation of the gaming platform or attempt to wrongfully influence the amount of revenue generated within the framework of the partnership with the Operator.

4.4. The Affiliate must immediately inform the Operator via email afiliados@versus.es of any changes with respect to the personal information provided in the registration form.

4.5. The Affiliate must keep secret the username and password chosen at registration or changed afterwards. Only the Affiliate is responsible for the misuse of this data.

4.6. The Affiliate must possess sufficient rights on the website, blog or any other media that is used for the promotion of the gaming platform. In the event that the promotion is carried out through mailing, the Affiliate is responsible for any abuse, in particular in the form of spamming.

4.7. We have zero tolerance for inappropriate conduct and fraudulent activities. You will not participate in, permit, assist, promote, encourage or benefit, directly or indirectly, from any act or traffic involving fraud. You will act at all times to refrain from, immediately stop and disallow and promptly report to us any act or traffic that involves Fraud or that you believe or should reasonably believe may involve Fraud, or any act or traffic that we inform you is suspected, in our discretion, to involve or potentially involve Fraud.

In addition, you will not direct users of sites engaged in fraudulent activity. In the event that VERSUS believes that a User is engaged in fraudulent activity, VERSUS will immediately freeze such User's account and You will not be entitled to any Revenue Commission or CPA payments due to You under this Agreement in connection with such User

4.8. During your participation in our Affiliate Program, we may disclose to you or you may obtain certain information that is marked or, by its nature, is confidential and proprietary to us ("Confidential Information"). You shall hold all such Confidential Information in strict confidence and shall not use any part of it, directly or indirectly, for any purpose other than for the purposes of this Agreement. Confidential Information shall not include any information that is generally known or available to the public (provided that you or any third party has not released the relevant information to the public in breach of a confidentiality obligation), or information that is required to be disclosed by applicable law or any lawful agency having jurisdiction over you (in which case you shall promptly notify us of such requirement).

5 - Obligations of the operator

5.1. The Operator shall provide personal e-marketing tools to the Affiliate that enable it to determine through which route new players have been registered.

5.2. The operator ensures the identification of players who have come to the gaming platform through one of the affiliate's e-marketing tools and then registered on the gaming platform.

The operator identifies the types of players described above and determines, in accordance with Article 6, the amount of revenue due to the affiliate by taking into account the revenue generated by these players.

5.3. The operator provides a secure area on the gaming platform where all affiliates can consult their qualified player number (in full or per month). In this secure area, they can also find a tool that facilitates revenue billing.

5.4. The operator offers the affiliate to be able to consult the income that their players have generated (in total or monthly), as well as, authorizes the affiliate to use the tool called API, for its control and to boost the databases it considers, but not to install in the operator's system since neither the platform nor the affiliation software are susceptible of modification in those components once approved.

5.5. The operator guarantees the security of the gaming platform in accordance with the standards in force.

5.6.We will register your Users and track their play, and calculate the amounts payable to you in accordance with the applicable payment plan.

We reserve the right to require Sites to refuse new Users or close existing Users' accounts if necessary in our sole discretion to comply with requirements we may establish from time to time, including but not limited to those related to fraud, illegal activity, non-compliance. Of the respective Site's terms and conditions of use, or otherwise.

5.7. It is our policy to actively prohibit and prevent money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activity. We will verify your identity through information you provide to us and by obtaining information from public sources and data. We will use our best efforts to make reasonably certain that we know the true identity of any of our affiliates.

You agree to provide us with any supporting documents we request. You know that we have the right to delay payments if supporting documents are not provided. Supporting documents may include any or all of the following for individuals: copy of valid passport; valid copy of driver's license; a copy of a utility bill; a reference letter from your bank; and a copy of a bank statement. For a company, supporting documentation may include a copy of the company's certificate of incorporation; articles of incorporation (or equivalent document); duly passed corporate resolution; a certificate of good standing; Power of Attorney; and information on the identity of the beneficial owner of the company and the identity of the company's directors.

6 - Payment to the affiliate

After registration, the only way for the affiliate to change his payment plan is to get the operator's approval. Notwithstanding any other agreement between both parties, this change will only be applied on the first day of the second month following the month in which the change was accepted by the operator.

6.1. Revenue Sharing

The Affiliate shall receive a percentage of the positive net revenues that qualified players have generated in revenue share.

The net game revenue share corresponds to the total amount of the share that qualified players have played by subtracting the following data:

  • The winnings and prizes of the players.
  • The Spanish taxes on online gambling.
  • The operator's expenses (technical expenses, administrative expenses, management expenses of the public relations and control body, assistance expenses...).
  • Transaction costs.

Spanish online gaming taxes currently account for 10% of the gross gaming revenue, which corresponds to the difference between the amount played by users on the one hand and players' winnings and bonuses on the other hand.

The payment will be made as follows according to the net gaming revenue:

Number of depositing customers Commission rate
0 15 %
1 - 15 20 %
16 - 30 25 %
31 - 45 30 %
46 - 60 35 %
61 - 90 40%
91 - 150 45 %
151 or more 50%

In the event that you:

  • Do not display the most up-to-date links provided by us, on all pages of your websites in the manner and location agreed to by the parties to this Agreement
  • .
  • Change the type, location or suggestion in the links without prior notice and our approval
  • Reduce your efforts to recruit new Users

It will be considered a breach of the terms of this Agreement and we reserve the right to modify the Revenue Commission rates immediately and without prior notice.

In any event of a Chargeback, Credit or freeze of any account, such User shall not be considered for the purpose of the CPA plan if any, and any CPA Payments made to you with respect to such User shall be deducted from future payments made to you.

In the event that an Affiliate generates a negative NGR after the end of the month, this amount will be deducted from future payouts until such time as it has been offset or until such Affiliate refers a minimum of 5 new qualified Users during a month.

If after 3 months no new qualified player has been referred, the payout will be reduced to 5% until at least one new qualified player is referred.

In the event of agreeing a different remuneration to that previously mentioned, the first three months of activity after the application of such a deal, will be used to evaluate the quality of the service provided and decide whether to review, tweak or withdraw the offer.

6.2. Provisions for disbursement of proceeds

Payments shall be made for each calendar month.

For the purpose of determining revenues, only the data recorded by the operator's information system is taken into account. These data are valid until proven otherwise.

In the security area of the gaming platform, to which only affiliates have access, there is a tool that can be used to calculate the affiliate's revenue during a previous month, taking into account the payment plan that the affiliate has chosen. With this tool the affiliate can generate an overall analysis with a detailed calculation of the income for a given month.

The affiliate must provide the operator with the invoice for his services in which the amount of the payment in Euros will be stated. He must also attach a detailed summary with the different charges of the aforementioned invoice.

The monthly data provided to the affiliate must be signed for approval by the affiliate himself. The affiliate's income is paid by the operator within 30 days of receipt of these two documents (signed invoice description).

Under penalty of forfeiture of the right to collect revenues, the operator must receive both the signed invoice and overview within three months of the month in which the billed services were rendered. For example, the operator must receive the documents in relation to the services rendered in January by the end of April of the same year.

The payment of the affiliate's income is made in Euros and only to the bank account indicated in the registration form or the most recent bank account number that has been notified by e-mail to the address afiliados@versus.es in accordance with article 4.4. The bank account must belong to a bank located in the Affiliate's country of residence or the country where the Affiliate's business is located.

The Affiliate must be the owner or co-owner of this bank account. The Operator reserves the right to ask the Affiliate for proof of this provision at any time.

6.3. Value Added Tax

The Parties further declare that the performance set forth in this Agreement is in the nature of a successive tract operation for the purposes of IPSI, and that, therefore, the IPSI rate applicable to each invoice shall be that in force at the time when the payments derived from the performance are due in accordance with the provisions of this clause.

7 - Duration of the partnership

The partnership is fixed for a period of 3 years and will start at the moment when the affiliate has access to the operator's e-marketing tools.

The operator is free to terminate the partnership, if during two consecutive months, the monthly pro-rated result of the GGR minus expenses should show a negative balance, with due notice within a 15-day notice period, via email to the affiliate's address defined in the registration form or other address that the affiliate has communicated to the operator. In this case, the operator reserves the right to deactivate the affiliate's e-marketing tools.

Notwithstanding the initially agreed duration, this contract may be terminated in advance, by mutual agreement between the parties, maintaining in force the right to receive the percentage of the positive net income that the players have generated until the date of termination of the partnership and those that at that time may be closed but pending to be materialized and those that are in the process of being closed, as a result of the collaboration between the parties. The affiliate's e-marketing tools would be automatically deactivated.

The regulation of online gaming in Spain does not allow to delete from the database or prohibit access to the website of users once registered, so that, whether the duration of the contract reaches its expiration or is terminated early, unless agreed between the parties, it is not applicable to agree a price for the acquisition for each qualified player.

After the end of the partnership, the affiliate will not be able to promote the gaming platform in any way and will no longer be able to use the e-marketing tools it had at its disposal.

The maximum period of accrual of commissions for each new player will be 12 months exclusively, counting from the moment he/she becomes an active player, from the moment he/she has proceeded with the registration and made the minimum deposit

After the end of the partnership the affiliate is no longer entitled to any income. The winnings that qualified players generate after this end date and the winnings of newly qualified players who registered after this date cannot be taken into account.

8 - Taxes

The operator is responsible for all administrative requirements in relation to the Spanish gaming and betting tax, and guarantees the payment of this tax.

For the remainder, each party is liable for taxes on the income it receives as a result of the association and is responsible for the fulfillment of all obligations related to the same.

9 - Liability

The operator is not responsible for any malfunction of the gaming platform and, in general, of the computer system on which the gaming platform runs, provided that an intentional problem is not identified as the cause.

In the event that a system malfunction is detected and after correction of the errors found in the data used to calculate the affiliate's revenue, the amount paid may be revised. No correction can be requested by the affiliate if the failure or error identified is attributable to him/her.

10 - Confidentiality

The affiliate must respect the confidentiality of all data exchanged between him and the operator within the framework of the partnership. This data may relate to players' bets and winnings, revenue generated by the gaming platform, the operator's marketing strategy or the nature of the partnership between the two parties.

11 - Modification of the terms and conditions of the association

The operator reserves the right to modify the terms and conditions at any time.

The version of the terms and conditions that affiliates access in the special area of the gaming platform using the username and password they chose when registering applies with immediate effect for the future.

A notice of the modification including a start date will be provided in the affiliate area of the gaming platform. Accordingly, the operator informs the affiliates to periodically consult the text of the terms and conditions or, at least, to do so upon the publication of the notice of the modification.

If the affiliate refuses to accept any possible modification of the terms and conditions, the partnership may be terminated in accordance with the provisions described in article 7.

Modifications with respect to revenue (see the provisions of article 6.1 and 6.2) apply as of the month following the month in which the modified terms and conditions were posted in the affiliate area of the gaming platform.

12 - Applicable law and jurisdiction

Any dispute that is directly or indirectly related to the relationship between the operator and the affiliate within the framework of the association shall be subject to the exclusive jurisdiction of the Spanish courts. These relations are governed by the legislation.