• Please read this carefully. It is very important that you read and understand these terms and conditions. By completing and submitting an online application form, you are indicating your acceptance of these terms and conditions and continuing with your application to join our affiliate program, you are agreeing (subject to our approval of your application) to the terms and conditions below. If you do not agree with the terms and conditions (or is not authorised to do so) you should not continue with your application. If you have any questions regarding our affiliate programme or these terms and conditions, please contact the relevant Affiliate Manager.
• This AGREEMENT details all the terms and conditions of customership to Gamingsoft Affiliates Program. "You", the "affiliate" refers to you, the individual, group or corporate entity registering with us as an affiliate under this AGREEMENT, and shall be deemed to include any employees, officers, directors, shareholders, owners, controlling parties and affiliated individuals and entities (and "your" has a corresponding meaning)

• Gamingsoft RIGHTS & OBLIGATION
• - Your Application
• To join our affiliate programme and become a Gamingsoft Affiliate member, you will need to accept these terms and conditions by completing and submitting an online application form. The application form is an integral part of this AGREEMENT. Gamingsoft will in our sole discretion determine whether or not to accept your application and our decision is final and will not subject to any right of appeal. You will receive an email regarding whether your application is successful after we verify your credentials.
• - Register your customers
• Gamingsoft will register your Customers and track their transactions. Gamingsoft reserves the right to refuse Customers (or to close their accounts) if necessary, and to comply with any requirements Gamingsoft may periodically establish.
• "Customer" means your visitors who join our Customer database (by way of registering at one or more of our products/Gamingsoft sites including Live Casino, Keno, Slot Games, Sportsbook, Fishing and poker) after arriving at the applicable site(s) via one of your click-through URLs, which will be provided to you once you join. By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them. Please be aware that Gamingsoft only accepts Customers who are residents in Malaysia, Thailand, Indonesia and Vietnam.
• - Commission Payment
• Subject to the type of Affiliates Commission Plan upon signing or being offered during the time of the Affiliate account opening. Gamingsoft will pay a referral commission ("Affiliates Commission") of the net profit (after deducting all payment fees, Bonuses and Royalty fees). Gamingsoft earns from players directed from your site(s) after they open an account with us and wagering real money at Gamingsoft.com products. Please refer to Clause 'Commission Calculation & Payouts'.
• - Modification
• Gamingsoft may modify any of the terms and conditions contained in this AGREEMENT or replace it at any time in our sole discretion, by posting a change notice or a new AGREEMENT on our sites, which Gamingsoft will notify you through the e-mail address that you provided when you joined the Affiliate programme. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate programme rules. If any modification is unacceptable to you, your only recourse is to terminate this AGREEMENT. Your continued participation in the referral programme following our posting of a change notice or new AGREEMENT on our site will constitute binding acceptance of the modification or of the new AGREEMENT.

• YOUR RIGHTS AND OBLIGATIONS
• - Linking to our Gamingsoft websites
• By agreeing to participate in this Affiliate programme, you are agreeing to create and maintain unique links from your site(s) to the Gamingsoft websites. You may link to us with any of our banners, e-mails, articles or with a text link. This is the only method by which you may advertise on our behalf.
• - Spamming
• Gamingsoft will terminate this AGREEMENT immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
• - Registering of Domain Names
• You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of Gamingsoft, or any other name that could be understood to designate Gamingsoft.
• - Bidding on Brand Terms
• You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service' or social media channels name' which are identical or similar to any of Gamingsoft’s trademarks or variations thereof or include meta tag and/or keywords on the Partner Site which are identical or similar to any of Gamingsoft’s trademarks. Gamingsoft reserves the right to withhold affiliate payments and/or suspend or close accounts if any affiliate partner is found to have violated the above rules.
• - Agency Appointment
• By this AGREEMENT, Gamingsoft grants you the non-exclusive, non-assignable, right to direct Customers to any of our sites 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 Gamingsoft obviously intends to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.
• Customers who register an account with Gamingsoft via your unique link and/or ID will remain in your affiliate account as your visitor until the account is terminated, and is, under no circumstances transferrable or removable.
• - Approved Creative
• You will only use our approved advertising creative (banners, HTML / flash mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from affiliate.Gamingsoftking.com or www.Gamingsoft.com. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorised and permitted representation of our sites.
• - Good Faith
• You will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes us damage. Gamingsoft reserves the right to retain all amounts otherwise due to you under this AGREEMENT if Gamingsoft have reasonable cause to believe of such traffic.
• Gamingsoft reserves the right to withhold affiliate payments and/or suspend or close accounts where affiliated Customers are found to be abusing any Gamingsoft offers or promotions whether with or without your knowledge, such situations to include but not be limited to different Customers betting both sides of an event or market so as to limit risk and claim bonuses.
• - Responsibility For Your Sites
• You will be solely responsible for the development, operation, and maintenance of your site(s) and for all materials that appear on your site(s). For example, you will be solely responsible for ensuring that materials posted on your site(s) are not libellous or otherwise illegal. Gamingsoft disclaims all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.
• The Gamingsoft affiliate programme is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. Approval is solely at our discretion.
• - Confidential Information
• During the term of this AGREEMENT, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate programme (including, for example, Referral Commissions earned by you under the Affiliate programme). You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this AGREEMENT. Your obligations with respect to confidential information shall survive the termination of this AGREEMENT.

• COMMISSION CALCULATION & PAYOUTS
• - The commission
• Subject to clause 'Continued Promotion', you will earn Commission of up to 45% based on the net profit from your referred Customers.

• Total Member Nett Winloss (THB)	Total Active Player	Commission Rate
  1 & above	< 5	12%
  1 – 15,000	>= 5	28%
  15,001 & above	>= 5	40%
  By Invitation	-	45%

• (No minimum payment is required to effect payment)
• Net profit is defined as:
• - All gross money received by us with respect to all settled bet losses made by Customers after deduction:
1. Payment charges - Deposit and withdrawal charges involving all the affiliate's customers.
2. Royalty Fees - 10 % of the affiliate’s customer total loss amount
3. Promotion bonuses - Monetary bonuses , rebates and rewards given to the affiliate's customers.
• Gamingsoft reserves the right to change the Referral Commission percentage and method of calculation of Commission as Gamingsoft wishes in accordance with clause "Gamingsoft Rights and Obligation" sub clause "Modification".
• - Payable Commission Calculations
• 1. Negative Carry forward
• Negative commission balances in all product except IDN Poker will be deducted from available commissions. Negative earnings are carried forward to the next month. You will have to earn revenue to cover the chargeback before you can start earning revenue again.
• 2. Real Money Requirement
• Complimentary Money, Free Money and Other incentives refer to those amounts credited to the account of Customers. As they have not purchased these amounts, Gamingsoft cannot pay commissions on these amounts.
• - Commission Payout Request
• 1. Minimum Active Customer
• Your Gamingsoft affiliate account must have a minimum of One (1) Active Wagering Customer(s) before you can be eligible for Commission payment in a calendar month.
• An Active Wagering Customer is defined as a visitor to your site(s) who has clicked through to a Gamingsoft website via your click-through link, has registered as a Customer, deposited funds to their Customer account and conducted betting or playing activity in one or more Gamingsoft products.
• 2. Minimum Payout
• The minimum payout request for earned Commission per month depends upon the currency denomination of your affiliate account, which is based on a minimum of THB 100. There is a maximum payout limit of RM 60,000.
• To withdraw, there must be a minimum of THB 100 in the affiliate’s account Main Wallet.
• - Commission Payment Method
• All Commission Payments will be paid in the currency which was selected when your Affiliate Account was first set up (recommended, the fastest and easiest way to withdraw money via your choice of any of the payment methods supported by Gamingsoft):
1. Bank Transfer
• - Commission Payment Restriction
• If payment made via the Affiliate’s preferred payment method is rejected for whatever reason, Gamingsoft reserves the right to hold the commission payment for the Affiliate within a period of time.
• - Commission Payment Date
• All commissions shall be paid to you on a monthly basis. Payment will be released between the 5th and 7th of each month. Payments of commissions shall be made directly to you as per your preferred payment method elected by you as part of your application process.
• Gamingsoft reserves the rights to choose an appropriate payment method should the specified payment method is no longer in service nor available in a certain country.

• TERM AND TERMINATION, CONSENQUENES AND UNSUITABLE SITES
• - Term and termination
• The term of this AGREEMENT will begin when you are approved as an affiliate 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 will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
• - Consequence
• Upon termination you must remove all of our banners/icons from your site(s) and disable all links from your site(s) to ours. All rights and licenses given to you in this AGREEMENT shall be immediately terminated. You will return to us any confidential information and all copies of it in your possession, custody, and control and will cease all uses of our Marks.
• - Unsuitable Sites
• Gamingsoft may terminate this AGREEMENT if Gamingsoft determines (in our sole discretion) that your site(s) is/are unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights. In addition any URL that includes ‘Gamingsoft’ within its domain is not permitted.
• - Duplicate Accounts and Self Referrals
• You shall not open more than one affiliate account without our prior written consent nor will you earn commission on your own as a player unless subject to Gamingsoft management approval. The programme is intended for genuine players seeking for leisure and entertainment on Gamingsoft websites.

• CONTINUED PROMOTION
• - You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website(s) in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Commissions based upon your continued promotion of Gamingsoft. Gamingsoft reserves the right to terminate this agreement.

• INDEMNITY
• - You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with
(a) any breach by you of any warranty, representation or term contained in this AGREEMENT,
(b) the performance of your duties and obligations under this AGREEMENT,
(c) your negligence or
(d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.

• DISCLAIMERS
• - Gamingsoft makes no express or implied warranties or representations with respect to the Affiliate programme, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, Gamingsoft make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in Gamingsoft affiliate system and the Gamingsoft’s database, the database shall be deemed accurate. Gamingsoft reserves the right to adjust the billing cycle and commission calculation for the interest of both parties without any notice.

• LIMITATION OF LIABILITY
• - Gamingsoft 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 programme, even if Gamingsoft has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this AGREEMENT and the Affiliate programme will not exceed the Total Referral Commissions 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 that is not a part of this AGREEMENT. Our obligations under this AGREEMENT do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this AGREEMENT shall be satisfied solely from the Referral Commission generated and is limited to direct damages.

• MISCELLANEOUS
• - In Witness Where of
• By having read, the terms and conditions, and acknowledging such in the affiliate sign-up form you agree to all the terms and conditions contained herein. Gamingsoft reserves the right to withhold payment from any affiliate that violates any of the terms and conditions contained herein.
• In a case of discrepancy, the original version in English shall prevail.