Terms and Conditions
To participate and apply to our affiliate program, you must read, understand, and accept these terms and conditions. If you have any questions regarding this document, you should contact us at:
"Foliatti Online Partners" refers to the website of the Company's Affiliate program with the registered domain http://foliattionlinepartners.com
"the Company" refers to Concepto Deportivo de Mitras S.A. of C.V. and its trade names Foliatti Casino Online and Foliatti Online, and the website the Online Casino operates.
"Online Casino" refers to the website foliatticasino.mx operated by the Company.
"Affiliate Application" means the registration application form submitted by Affiliates to participate in the Affiliate Program.
"Affiliate/s" refers to an entity, a legal representative and a business executive of a company that applies to participate in the Affiliate Program.
"Sub-Affiliate/s" means an individual or entity appropriately submitted by the Affiliate to the Company and which may be linked to the Affiliate's unique account.
"Sub-Affiliate Agreement" means the approval of the Agreement with the person or entity referred by the Affiliate.
"the Parties" means the Company and the Affiliate (each a "Party").
"Affiliate Program" refers to the collaboration between the Affiliate and the Company through the promotion of the Foliatti Online Partners website from the Affiliate's websites and, therefore, the Affiliate will generate and be entitled to a payment of a commission according to the clauses in this Agreement.
"Affiliate Website(s)" means the active websites on the Internet owned by the Affiliate, including maintenance and operation.
"Confidential Information" refers to information of commercial value and essential to the Affiliate and the Company, consisting of reports and financial statements, trade secrets, technical knowledge, prices, products, services, strategies, databases, customer information and users of the website(s), commercial information related to technology, marketing information, advertising materials, promotion bonuses and/or operation of the website(s).
"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade and domain names, email address names, copyrights, including computer software rights (both in the source code and in the object) and database rights (in each case, whether they are registered or not and any request for registration and rights to request the registration of any of the foregoing or other details of the nature thereof), rights in inventions and web format scripts (including HTML and XML scripts), know-how, trade secrets and other confidential information which may be sold or licensed that may now or in the future exist anywhere in the world, including all rights of reversion and the right to sue and recover damages for past violations.
"Referred Customers and Players" means customers and players who do not have an account or prior registration with the Online Casino. They have seen the advertisement on the Affiliate website and have registered an account at the Online Casino using the Affiliate code and cookie for monitoring.
"New Depositing Player" means a new customer and player who has registered one account solely in foliatticasino.mx and has made a minimum first deposit to the Online Casino, using it for bona fide transactions with the goal of establishing and engaging in a normal business relationship with the Online Casino within the business legal framework. The registration of the client and the first deposit are non-simultaneous.
"Commission" means the percentage of net income as set forth in the commission structure of the Online Casino.
"Commission Structure" means article 7 and any specific commission structure negotiated and confirmed in writing between the Company and the Affiliate.
"Your Website" means the website and URL that the Affiliate registers and submits on the Program registration form.
"CPA": stands for "Cost Per Acquisition". "Acquisition" means to the Referred Player's First Time Deposit ("FTD"):
"Rewards Plan" - means the CPA commission paid by the Affiliate for the FTD of the referred player.
In the case of a Rewards Plan with a CPA element, the Company reserves the right to withhold any Rewards Plan payments for any customer account, including, but not limited to, bonus abusing customer accounts, multi accounts, customer accounts suspended, blocked and/or closed due to fraud, customer account blocked by chargebacks, customer accounts subject to self-exclusion by Cool Off and responsible gaming, or any other customer account that the Company, at its sole discretion, deems necessary to suspend, block and/or close.
"Links" and "Hyperlinks" means Internet links or hyperlinks (URL) from the Affiliate's websites to the Company's Online Casino.
"NGR" or Net Gaming Revenue refers to the gross bets total, less the payout, bonuses and chargebacks and returns.
"High Roller" means a person who gambles or spends large amounts of money.
2.1 This document (the "Agreement") describes the Terms and Conditions between, Concepto Deportivo de Mitras S.A. of C.V. authorized by the General Directorate of Games and Raffles of the Ministry of the Interior in Mexico (SEGOB), as Operator of the site foliatticasino.mx under the SEGOB DGAJS/SCEVP/P-08/2005 permits through official letter number DGJS/1295/2015 dated July 14, 2015. ("Foliatti Casino Online", "the Company") and you ("the Affiliate"), regarding your application to join our affiliate program and to promote the website foliatticasino.mx and our services.
2.2 The Company reserves the right to update or modify the "Agreement" and notify by message to the e-mail address provided by the Affiliate. Details of any changes to the Terms and Conditions will be published in this document. Your continued participation in our affiliate program after changes to the "Agreement" have been posted will constitute binding acceptance of such changes by the Affiliate. If the Affiliate does not agree to the changes, the Affiliate must terminate this "Agreement".
2.3 To join the affiliate program, you must agree to the Terms and Conditions, as well as submit a completed online application form. The Company determines in its sole discretion whether or not to accept your application for the affiliate program. The decision is final and no appeal will be granted. Once the Company has decided regarding the application submitted, it will be notified by email if it has been accepted as an affiliate or not. Upon a successful application, the Affiliate will be bound by the present Terms and Conditions set forth in this agreement when marketing/promoting the Company's website and Affiliate services.
3. Links and hyperlinks
3.1 Links and hyperlinks provided to you by the Foliatti Online Partners team must be displayed and used in a manner agreed between you and the Company and you must not change the form, location, or operation of the links without the prior written consent of Foliatti Online Partners Manager.
3.2 You must ensure and show evidence of not placing any links on your website pages that are directed to people under 18 years of age, nor on sites that are intended for audiences outside of the Mexican Territory
3.3 In case you want to place the links on websites that are not owned, operated or maintained by yourself, you must first obtain the written consent of the Foliatti Online Partners Manager.
3.4 If the Company detects the Foliatti Online Partners links usage does not comply with the terms of this Agreement, the Company will have the right to take the necessary actions to inactivate the links and can decide to terminate this Agreement without prior notice.
4. Forbidden Practices
4.1 It is prohibited to offer additional rewards of any kind to your Referred Customers without the prior written consent of Foliatti Online Partners Manager. If Foliatti Online Partners members and representants believes that you have breached this condition, the Company can terminate your affiliate agreement and confiscate pending payments or any additional Revenue Share from your Referred Customers.
4.2 It is prohibited that the contacts of the Affiliate and their direct family members such as spouse, partner, parents, children or siblings, under no circumstances may receive any participation in the Income in their own client account or any of their direct family members.
4.3 It is prohibited to modify, redirect, delete or replace the operation of any button, design, link, hyperlink or other interactive feature of the Foliatti Online Partners Site.
4.4 You are prohibited from trying to artificially increase the money that Foliatti Online Partners must pay.
4.5 The Affiliate and its Sub-Affiliates must comply with all applicable gambling laws and regulations, as well as all data protection and money laundering prevention laws, legislations and regulations issued by the Mexican authorities.
a) You may not advertise in any way to customers/players who have not given their express and clear consent to receive marketing communications, or whose consent you have not stored and cannot check at any time, as well as data that has been processed in violation of any data protection laws and regulations.
b) Each e-mail you send must clearly state that it comes from the Affiliate or its Sub-Affiliates without involving the Company.
c) Each marketing e-mail must contain a clear link to unsubscribe from further marketing e-mails.
4.6 When the Affiliate advertises to clients and players, it must ensure that the communication does not imply misleading actions or omissions. If a promotion is included, you must consider its terms and conditions within the advertisement. If the ad is space-limited (banner ad), the terms and conditions must be displayed in a click-through link from the ad and be visible/present on a page of the site. The above requirements apply to all forms of marketing communication, including social media and online websites.
4.7 The Company reserves the right to terminate the Agreement immediately without notice if, in its reasonable opinion, the Affiliate has breached the advertising rules on games and sweepstakes or data protection laws and regulations.
5.1 Foliatti Online Partners will provide the links to the Affiliate for placement on its website and may also update such links from time to time.
5.2 The Affiliate must comply with the provisions of clause 3. Links of this Agreement.
5.3 Foliatti Online Partners will do its best to ensure that each time a Referred Customer/Player registers at the Online Casino via the Affiliate link with their tracking code attached and the corresponding Customer/Player is identified as originating from the Website of the Affiliate. However, Foliatti Online Partners will not be liable to the Affiliate in any way if the Client/Player does not follow the established mechanics or the Affiliate's cookie has expired.
5.4 Foliatti Online Partners is not responsible for platform interruptions or errors. In case of the events mentioned in this clause point 5.4, the Company will notify the Affiliate.
5.5 The Parties agree that they are responsible for their own resources. By virtue of this, they must respond and leave in peace and safe from all claims and/or lawsuits that their workers may present against any of the Parties.
6.1 Payment will be made within the first 10 days of each calendar month for Affiliates based in Mexico. Payment will be made within the first 20 days of each calendar month for Affiliates located outside of Mexico. Payment will be made monthly in arrears.
A Brokerage House will oversee the payments to Affiliates outside Mexico.
6.2 The minimum amount for a monthly Affiliate payment is $50,000.00 (fifty thousand pesos 00/100 M.N.). The Affiliate will receive a payment when there is a positive balance, and it is higher than the minimum amount mentioned.
6.3 If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts will not be carried over to the subsequent month(s).
6.4 Foliatti Online Partners will provide all data through your personal Affiliate page, detailing the Clients/Players referred and the Net Income generated by them.
7.1 It is calculated on the NGR generated by the clients/players of the Affiliate
7.2 The model may vary depending on the Revenue Share and only applies to Casino and Sports Betting products under written negotiation of the Parties.
7.3 Net Income Generated is calculated according to Foliatti Online Partners products for a period of up to 12 months:
a) Sports/Sports Betting 25%: it is calculated as resulting from the calculation of the betting income generated by Affiliate’s Referred Clients/Players who make a first deposit to carry out bona fide commercial operations with the Online Casino. In case of chargebacks, or any uncollectible income attributable to the Referred Clients Players, these will be subtracted in the calculation. Bonuses or promotions not included in the Agreement will be subtracted.
b) Casino Slot Machines 25%: Calculated as the total sum of all gross bets from your Referred Customers/Players minus payouts, chargebacks, or any uncollectible income attributable to Referred Customers/Players. Bonuses or promotions not included in the Agreement will be subtracted.
c) Foliatti Online Partners reserves the right to change the percentage if detects prohibited practices by an Affiliate and may terminate the Agreement without prior notice.
7.4 In case a Referred Client/Player has not had any activity in the Online Casino for a period of 6 continuous months (or the equivalent of 180 consecutive days), the Referred Client/Player will be excluded as a referral and the Affiliate will not be entitled to the future income created by this client/player.
7.5 High Roller Policy: Negative Commissionable revenue generated in any given month by any Clients/Players who the Casino Online Partners, in its sole discretion, determine to be High Rollers will be carried forward and offset against future commissionable revenue generated by Players referred by the Affiliate until such negative commissionable revenue is cleared. The determination of the criteria to classify a Client/Player as a High Roller shall be in the Foliatti Online Partners sole discretion, and responsibility in this regard to communicate the Affiliate about the Clients/Players classification as an updated version of these terms and conditions. All the criteria specified to classify a Client/Player as a High Rollers consider the following:
7.5.1. If in any given month a player generates negative commissionable revenue of at least $50,000MXN, and the aggregate commissionable revenue in that month (for the casino) for that Affiliate is negative, then such Player shall be deemed to be a High Roller.
7.5.2. The negative commissionable revenue generated by the High Roller will be carried forward and offset against future commissionable revenues the self-same High Roller may generate in subsequent months.
7.5.3. The negative balance carried forward by a High Roller cannot be set-off any sums against other Clients/Players positive commissionable revenue.
7.5.4. The negative balance carried forward by a High Roller cannot be greater than the total aggregate negative commissionable revenue for the affiliate, for that month.
7.5.5. If the Company detects more than one High Roller referred by the Affiliate, the negative balance carried forward from the High Roller will be split proportionally between them.
7.5.6. Herein, the parties acknowledge and agree the High Roller Policy will be effective when any of the above criteria are met.
8. Intellectual Property Rights
8.1 Foliatti Online Partners grants the Affiliate a non-exclusive license to display the brand features and related Marketing content for the purpose of you displaying links on the Affiliate website as set forth in this Agreement. All intellectual property rights and any material arising from the links and all Online Casino products, wagering, associated systems and software related to the services provided by Foliatti Online Partners to Affiliates shall remain the property of the Company. You are not permitted to alter or modify the Foliatti Online Partners Content in any way without the express written consent of the Company.
8.2 The Affiliate agrees that its website will in no way resemble the appearance of the Foliatti Online Partners site nor the Online Casino site, nor will it create the impression that its website is the official Foliatti Online Partners website or the Online Casino website (or any part thereof).
9. Assurance (Guarantees)
9.1 Each party to this Agreement represents and warrants to the other that it has the right and authority to enter into this Agreement and to perform all of its respective obligations and undertakings. Each party further represents and warrants that this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms and the execution, delivery, and performance of this Agreement does not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
9.2 The Affiliate warrants that it has obtained and will maintain all necessary registrations, authorizations, consents, and licenses to enable and to perform its obligations under this Agreement.
The parties to this Agreement agree that each shall treat as confidential all information provided by a party to the others regarding such party’s business and operations. The Parties stipulate in this Agreement are sharing Confidential Information therefore from the date of acceptance of the Affiliate in the Company’s Affiliate Program, any Confidential Information that is in the possession of any of the Parties may not for any reason be alienated, leased, loaned, aggravated, negotiated, relieved, published, taught or made known, transmitted or in any way disclosed or provided to any natural or legal person.
Likewise, the Affiliate expressly agrees that he may not take advantage of using the Confidential Information for himself or for purposes that do not correspond to those stipulated in this Agreement. Assuming the obligation not to reveal Confidential Information by any means, spoken or written.
11.1 The Affiliate is solely responsible for carrying out marketing initiatives on its site and through the site of its Sub-Affiliates, compliance with the applicable legal requirements mentioned in this Agreement and the written agreement signed between the Parties.
11.2 The Affiliate shall be responsible for indemnifying the Company against any losses, demands, claims, damages, costs and expenses (consequential losses and lost profits, reasonable legal costs and expenses and applicable taxes, if applicable) and liabilities suffered or incurred, directly or indirectly as a result of a breach against this Agreement or any applicable law or regulation.
11.3 The Affiliate understands that Foliatti Online Partners depends on a service provider for its operation, and therefore exempts The Company from lawsuits or claims for interruptions or errors by Foliatti Online Partners.
12. Liability Exclusion
12.1 Foliatti Online Partners will not be liable to the other party (nor to any person claiming rights derived from such other party’s rights) consequential, incidental, indirect, punitive, damages of any kind (including with no limitations or in any other way for: lost revenues, profits, loss of goodwill or reputation) with respect to any claims based on contracts, tort or otherwise (including negligence and strict liability) arising out of or relating to the software, the support services, the documentation, reports, or otherwise arising out of or relating to this agreement, regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.
12.2 The responsibility of Foliatti Online Partners will not exceed, in any case, the sum of the money paid for a period of 6 months to the Affiliate. The Affiliate will not request payment prior to the date on which the responsibility described under this Agreement was acquired.
13.1 The Parties agree this Agreement will take effect from the day when the Affiliate’s application has been successfully approved. Unless the parties to the Agreement terminate in advance in writing the following 30 days.
13.2 If the Affiliate or any of its Affiliates fail to comply with the obligations agreed within this agreement, Foliatti Online Partners may terminate the term with immediate effect; and stop paying you any additional Revenue Share on your Referred Customers, upon written notice to the Affiliate.
14. Personal information
15. Legislation and Jurisdiction
15.1 This document constitutes the general Agreement and acknowledges the will of the Parties to comply with the established clauses. The Parties declare that there is no fraud, bad faith or any element that could invalidate them. Nothing in this clause will operate to limit or exclude any liability for fraud.
15.2 In the case of controversy regarding the interpretation and breach of this Agreement, the Parties expressly agree to abide by the applicable and current legislation in Monterrey, Nuevo Leon Mexico, renouncing from this moment the jurisdiction of any other jurisdiction that corresponds or may correspond to them according to their present or future domicile, or for any reason.
15.3 Any notice given or made under this Agreement must be notified to Foliatti Online Partners via email . Foliatti Online Partners will send notices given or made under this Agreement to the email address provided on the Affiliate's application form.
15.4 This Agreement is not intended to create a partnership between the Parties, nor is it intended to authorize either Party to act as agent for the other, and neither Party shall have authority to act for or on behalf of or to bind the other in anyway.
15.5 Neither Party has the right to make announcements relating to this Agreement or its subject matter without the prior written approval of the other Party, except as required by law or any statutory or regulatory authority.
15.7 In case of controversy arising from the translated versions of this Agreement, the meaning of the Spanish language version will prevail.
16. Changes to the Agreement
In witness to the provisions of the Agreement, the initial publication date is November 07,2022.