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Affiliate Terms and Conditions

Version 1.2, last amended 2022-06-01

  1. Affiliate program overview

    ENEBA Affiliate Program offers selected participants the opportunity to get paid to promote ENEBA Platform to gaming enthusiasts worldwide, for referring them to ENEBA Platform and for related promotional activities. Enrolling into ENEBA Affiliate Program gives you (including any personnel, agents, or subcontractors you engage) the right to conduct Program activities through your contracted participation in the Program in accordance with these Affiliate Terms and Conditions. Enrollment into ENEBA Affiliate program and acceptance of the Affiliate Terms and Conditions constitutes a written agreement between the Affiliate and ENEBA.

  2. Definitions

    Affiliate” or “you” shall mean the natural or legal person who wishes to participate in the Program on the basis of these Affiliate T&Cs.

    Affiliate Link” shall mean a hyperlink assigned to the Affiliate, containing a unique identification of the Affiliate, which is used by the Affiliate to invite Users to buy Products on the Platform.

    Affiliate Panel” shall mean the Affiliate account section of the Website, where Affiliate may view information relevant to their participation in the Program. 

    Affiliate Services” shall mean promotion ENEBA Platform, referral of Users to ENEBA Platform and related promotional activities.

    Affiliate T&Cs” shall mean these Affiliate Terms and Conditions.

    App” shall mean ENEBA Mobile app, available for download at Apple Appstore and Google Playstore.

    ENEBA” or “we” shall mean UAB Helis Play, legal entity’s code 304923415, with our registered office at Gyneju St. 4-333, Vilnius, the Republic of Lithuania.

    ENEBA T&Cs” shall mean ENEBA Terms and Conditions available at https://www.eneba.com/terms-and-conditions

    ENEBA Wallet” shall mean ENEBA Gift Card Balance system, activated in accordance with ENEBA T&Cs.

    Platform“ shall mean the ENEBA Platform consisting of the Website and the App.

    Program” shall mean the ENEBA Affiliate program. 

    Products” shall mean digital and physical products offered on the Platform.

    User” shall mean the users of the Platform who purchase Products with or without registration.

    Website” shall mean ENEBA website www.eneba.com.

  3. Requirements
    1. To be eligible to join the Program and become an Affiliate, the applicant is recommended to have:
      1. an active account or channel on a social media or streaming network (such as Twitch, Facebook, YouTube, Instagram, Twitter or similar);
      2. a working website.
    2. Compliance with the requirements set out in Section 3.1 of these Affiliate T&Cs does not guarantee that the applicant shall be accepted into the Program. ENEBA shall evaluate all applications (including promotion channels, target audience, number of followers etc.) on a case by case basis and reserves the right to reject any applicant for any reason.
    3. ENEBA reserves the right to change the requirements set out in Section 3.1 at any time, without giving any notice to potential Affiliates in advance.
  4. Registration
    1. To apply for participation in the Program, you must first create an ENEBA user account in accordance with ENEBA T&Cs, or log in to a previously created ENEBA user account.
    2. To become an Affiliate, you must fill in our Affiliate application form and provide information relevant to your activities as an Affiliate, including but not limited your name and surname, Affiliate name (nickname), information about your promotion channels (such as social media profiles, gaming websites and similar), targeted audience, previous experience as an affiliate and other information requested on the application form.
    3. After reviewing information that you have provided us, we will either (i) inform you that your application to become an Affiliate has been rejected, or (ii) send you a welcome email with next steps.
    4. Before being able to participate in the Program, each successful applicant will be requested to:
      1. provide invoice details (name or company name, VAT code (if applicable), address, country, company code or birth date);
      2. activate ENEBA Wallet in accordance with ENEBA T&Cs.
  5. Affiliate duties
    1. Once you sign up and become an Affiliate, you shall be providing Affiliate Services to ENEBA.
    2. Affiliate agrees to follow ENEBA instructions and guidelines related to marketing and promotional materials, including but not limited to:
      1. Affiliate may not promote ENEBA via Google Shopping;
      2. Affiliate may not promote ENEBA via discount code websites;
      3. Affiliate may not promote ENEBA via Google Search Ads by using “eneba” brand, “eneba” brand and keyword or any “eneba” brand typos;
      4. other instructions and guidelines provided via email or made available at the Affiliate Panel.
    3. ENEBA may update instructions and guidelines related to marketing at any time by either updating these Affiliate T&Cs or notifying Affiliates via email.
    4. The Affiliate warrants and represents that his/her actions aimed at advertising the Platform will not infringe applicable laws, rights of third parties (especially intellectual property rights) or rules of decency. The Affiliate warrants and represents that he/she will not engage in any activity that may harm the reputation or goodwill of ENEBA. In particular but without limitation, the Affiliate may not:
      1. within their actions aimed at advertising the Platform, place anywhere any content that is or may be considered offensive, defamatory, harassing, abusive, racist or illegal in any other way;
      2. advertise the Platform or place Affiliate Link on pornographic websites or on websites that glorify violence or websites that provide unlawful content in any other way (for example racist, xenophobic, sexist or discriminatory content);
      3. use prohibited or harmful techniques of promoting websites, use forbidden keywords specified in the proper regulations, etc.;
      4. send, exchange or overwrite cookies;
      5. organize mailings that may be considered spam or send e-mails to the recipients who have not given the consent to receive such messages;
      6. charge Users with any fees in exchange for their use of the Platform, their purchases or their use of other ENEBA services;
      7. use any other activities that directly or indirectly contribute to the unfair increase of the Affiliate's commission.
  6. Commission and payments
    1. Affiliate earnings for participation in Program is a commission counted from the purchases of the Products in the amount of an individually agreed upon percentage of the total purchase price of the Products purchased by a User redirected to the Platform by the Affiliate Link. 
    2. Affiliate shall be entitled to the commission for a given purchase only if the User makes such a purchase within 30 days from clicking on the Affiliate Link.
    3. Affiliate earning shall be paid out to the ENEBA Wallet associated with the Affiliate account after 14 calendar days from the date of the purchase by the User. Any refunds made by Users within these 14 calendar days shall be deducted from the amount payable to the Affiliate.
    4. Affiliate may choose to either:
      1. keep their earnings in ENEBA Wallet and spend them on purchases on the Platform. No additional fees apply;
      2. withdraw their earnings to a PayPal account indicated in the Affiliate Panel. Additional withdrawal fee applies, depending on the country and selected currency;
      3. withdraw their earnings to a bank account via bank transfer. Additional withdrawal fee applies, depending on the country and selected currency.
    5. Until the Affiliate completes ENEBA Wallet registration, they will be unable to withdraw their earnings. If Affiliate fails to complete the ENEBA Wallet registration within 12 (twelve) months of the confirmation of Affiliate application date and ignores reminders to complete the ENEBA wallet registration, ENEBA reserves the right to annul any earnings earned by the Affiliate during the participation in the Program.
  7. Invoicing
    1. Affiliate grants ENEBA the right to generate invoice on the behalf of the Affiliate for each pay out of the earnings to Affiliate’s ENEBA Wallet. The invoice shall be issued to ENEBA in the name of the Affiliate.
    2. The invoice shall include personal and legal details (including VAT code where applicable) of the Affiliate as provided by the Affiliate during the set-up of the Affiliate account. Affiliate is solely responsible for providing correct and up to date invoicing details.
    3. Affiliate remains solely responsible for any legal or tax duties related to receipt of payment from ENEBA for participation in the Program and provision of Affiliate Services, including, but not limited to:
      1. ensuring that the invoice generated by ENEBA complies with Affiliate’s local tax and other laws;
      2. payment of value added tax (VAT), income tax or any other tax duties where applicable in accordance with applicable laws (including Affiliate’s local tax laws);
      3. obtaining necessary licenses or registrations for the provision of Affiliate Services if required by applicable Affiliate’s local laws.
  8. Liability
    1. The Affiliate shall be held liable for any damages or losses incurred by ENEBA due to Affiliates actions or inaction in connection with participation in the Program, provision of Affiliate Services and these Affiliate T&Cs.
    2. The Affiliate will indemnify and hold harmless ENEBA from all liabilities, claims and expenses (legal fees included) resulting in particular from:
      1. breach of these Affiliate T&Cs, ENEBA T&Cs or any other contracts concluded between the parties;
      2. breach of the applicable laws, including local Affiliate laws and tax laws;
      3. infringement of intellectual property rights of ENEBA or any third parties.
    3. The Affiliate acknowledges that gaining profit by the Affiliate as a result of his/her participation in the Program is not guaranteed. ENEBA is therefore not liable for any losses, costs or expenses incurred by the Affiliate nor for not achieving an actual or anticipated income or profits by the Affiliate, as a result of his/her participation in the Program.
    4. Unless the provisions of generally applicable law provide otherwise, ENEBA liability towards the Affiliate is limited to an amount equal to the amounts of the earnings due to the Affiliate.
  9. Proprietary rights
    1. Affiliate may use the ENEBA trademarks (name and logo of ENEBA) solely to create and use their own promotional content for provision of Affiliate Services, in accordance with these Affiliate T&Cs and the marketing guidelines and other instructions as ENEBA may make available to the Affiliate from time to time, but subject to ENEBA prior written approval of the promotional content Affiliate creates. Affiliate may not use such promotional content created by the Affiliate without ENEBA approval. Affiliate grants to ENEBA a perpetual, worldwide, irrevocable, sublicensable, royalty-free license, during and after the term of the Program and this agreement, to reproduce, distribute, display, perform, modify and otherwise use any text, images, videos or other content (including promotional content) that you create or publish in connection with provision of Affiliate Services, for any marketing, promotional or internal business purposes, without attribution or further compensation to you.
    2. Affiliate shall not use, distribute or modify any ENEBA trademarks, text, images, videos, documents or other content of ENEBA except in connection with participation in the Program and provision of Affiliate Services as permitted in the Affiliate T&Cs. 
  10. Personal data
    1. Affiliate’s personal information and other personal data provided to ENEBA during the participation in the Program is processed in accordance with Affiliate Privacy Notice.
  11. Termination
    1. Either party may terminate the agreement by informing the other party via email 30 (thirty) days in advance. If the agreement is terminated under this clause:
      1. Affiliate account shall be reverted to a normal ENEBA User account;
      2. Affiliate Link shall be deactivated, and;
      3. Affiliate shall be entitled to receive any pending earnings in accordance with these Affiliate T&Cs.
    2. If ENEBA suspects or has reasonable proof that the Affiliate has engaged in illegal activities within the context of the Program, has breached these Affiliate T&Cs, or has otherwise damaged ENEBA reputation and goodwill, ENEBA has the right (with immediate effect):
      1. to suspend the Affiliate account (in such case the Affiliate Link is temporarily inactive);
      2. to disable and delete the Affiliate account (terminate this agreement);
      3. to suspend any withdrawals of Affiliate earnings until the situation is resolved;
      4. to unilaterally offset any pending earnings against any damages caused by the Affiliate.
  12. Final provisions
    1. ENEBA reserves the right to change these Affiliate T&Cs at any time. Affiliates shall be notified via Affiliate Panel and/or email about changes to these Affiliate T&Cs 5 (five) days prior to the changes becoming effective. If the Affiliate does not agree with proposed changes, they shall have the right to terminate the agreement and withdraw from the Program.
    2. Without the permission of ENEBA, Affiliates have no right to transfer their obligations, claims or rights to third persons. Affiliates agree that ENEBA shall have the right to transfer its rights and obligations arising from the agreements to third persons. ENEBA will inform of such transfer on the Platform or via email.
    3. These Affiliate T&Cs and relations between ENEBA and Affiliate in respect to the Program (including execution, validity, invalidity, implementation and termination of the agreement between Affiliate and ENEBA) are governed by and interpreted in accordance with the laws of the Republic of Lithuania.
    4. Any dispute, controversy or claim, arising out of or relating to the Program and these Affiliate T&Cs, their breach, termination or validity shall be subject to jurisdiction of the courts of the Republic of Lithuania.
    5. In the event these Affiliate T&Cs are translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless provided otherwise or unless such apparent inconsistency arises out of a difference in legal requirements in a specific jurisdiction
    6. For any matters related to use of the Platform which are not covered by Affiliate T&Cs, ENEBA T&Cs shall apply