1. Introduction
This Affiliate Agreement (“Agreement”) is entered into by and between GamedayMath (“Company”) and the undersigned affiliate (“Affiliate”). This Agreement sets forth the terms and conditions under which Affiliate may participate in the Company’s affiliate program (“Program”). By completing the Affiliate Signup Form and clicking to accept, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You should print and retain a copy of this Agreement and your completed Affiliate Signup Form for your records.
2. Participation in Affiliate Program
To enroll, you must submit an application. By submitting an application, you represent and warrant that you are of legal age of majority in your jurisdiction, that all information you provide is complete, current, and accurate, and that you have full right, power, and authority to enter into this Agreement. We will evaluate your application in good faith and notify you of acceptance or rejection. We may reject your application, in our sole discretion, if we determine that your site, traffic sources, or promotional methods are unsuitable for the Program for any reason.
If accepted, Affiliate agrees to promote the Company’s products and services using the tracking links, creatives, and other materials provided by the Company. The Affiliate is granted a non‑exclusive, non‑transferable, revocable right to access and participate in the Affiliate Program, subject to this Agreement.
3. Protection of Minors
Individuals under the age of 18 are not permitted to register or engage in activities on our sites or participating sites. Our properties are not intended for children or teenagers, and we take steps to prevent minors from registering. If we determine, in our sole judgment, that your site or promotional channels target minors, we may reject your application or terminate your participation in the Program.
4. Marketing and Promotion
Affiliate agrees to use only ethical and lawful methods to promote the Company’s products and services and will comply with all applicable laws and regulations in all jurisdictions in which they operate. This includes, without limitation, advertising, consumer protection, gambling, and data protection laws.
If you send email communications in connection with the Program, you must comply with the CAN‑SPAM Act of 2003 and any similar anti‑spam legislation, including providing accurate sender information, a functioning opt‑out mechanism, and non‑deceptive subject lines. Any use of spam, misleading claims, or other abusive practices will result in immediate termination and forfeiture of any unpaid commissions.
5. Commission and Payment
Affiliate will earn a commission for each qualified sale or action made through their unique tracking link at the rate specified in the Program interface or in writing by the Company. The definition of a qualified sale or action, and the applicable commission structure, may be updated from time to time.
Payments are made on a monthly basis, subject to a minimum payout threshold of 100 USD. If your commission balance does not meet the minimum payout amount, it will roll over to the next month until the threshold is reached. Any applicable fees charged by payment providers may be deducted from your commission.
6. Our Responsibilities
We will provide you with the necessary tracking links, creatives, and information to enable you to promote our participating sites. We will track referred players and calculate your commissions using our tracking systems.
A “Referred Player” means a new customer who: (1) clicks through a valid tracking link from your approved promotional properties to one of our sites; (2) successfully registers a new account; (3) is verified and approved as a customer; (4) meets any qualification criteria specified by the site; and (5) makes a real‑money purchase or deposit, as determined solely by us based on our systems.
You, your family members, and, if you are a corporate entity, your employees are not permitted to become Referred Players. “Family member” includes your spouse, partner, parent, child, or sibling. If you attempt to register such customers, those accounts may be closed and related commissions withheld, and we reserve the right to close your affiliate account.
We will provide online reporting showing, in summary form, the number of referred customers, their activity (as relevant to commission calculation), and commissions due. From time to time, we may provide additional statistics or resources to help you optimize your promotions.
7. Obligations Regarding Your Website and Channels
You are solely responsible for the development, operation, and maintenance of your website(s), social media accounts, and any other promotional channels, as well as all content posted there. Your properties may not copy, imitate, or otherwise misrepresent themselves as our sites or participating sites, and you may not create the impression that your properties are owned or operated by GamedayMath. You may not use domain names, social handles, or paid keywords that are identical or confusingly similar to our brand names or trademarks.
Except as expressly permitted by us in writing, or as provided through the Affiliate Program information portal, you may not host, reproduce, or distribute proprietary content, trademarks, or other materials from GamedayMath.com or our sites. You must remove or update any outdated or inaccurate materials upon our request.
You will indemnify and hold us harmless from all claims, damages, and expenses (including reasonable attorneys’ fees and expert costs) arising from the development, operation, maintenance, and content of your properties, or any materials, products, or services linked to or promoted through them.
You acknowledge that your conduct as an Affiliate reflects on our reputation and goodwill. You agree to act in a manner that supports and does not damage the goodwill or reputation of GamedayMath.
You are solely responsible for ensuring that all content, products, and services on your properties comply with applicable copyright, trademark, and other intellectual property laws. You must have all necessary permissions to use third‑party materials. We are not responsible for your use of any third‑party rights, and your indemnity obligations apply in these cases.
If you sell or transfer ownership of an accepted site or promotional property, existing referred players associated with that property may not automatically transfer to the new owner. You must notify your affiliate manager before any change in ownership so that we can agree in writing on how tracking, commissions, and responsibilities will be handled.
8. Duration, Inactivity, and Termination
This Agreement becomes effective upon our acceptance of your application and remains in effect until terminated in accordance with this section. Either party may terminate this Agreement at any time, with or without cause, by providing written notice (including email) to the other party. An email to affiliate@gamedaymath.com or your affiliate manager is sufficient and effective immediately.
Inactive accounts. If there is no substantial activity on your affiliate account for a continuous period of three (3) months (for example, no new referred players, no qualified actions, or no active promotional efforts as determined by us), we may, in our sole discretion, (a) close your affiliate account and terminate this Agreement, and/or (b) mark the account as inactive and stop displaying new tracking materials. Any unpaid commissions in your account balance at the time of closure will remain payable in accordance with Section 5, subject to the minimum payout threshold, and will not be forfeited. You may contact us to request payment once your balance reaches the minimum payout amount.
Upon termination, you must remove all tracking links, banners, and other affiliate materials from your properties and disable any links to our sites. All rights and licenses granted to you under this Agreement will immediately cease. You must return or destroy any confidential information in your possession and stop using our trademarks and proprietary materials.
If we terminate this Agreement due to your breach or failure to meet your obligations, we reserve the right to withhold unpaid commissions accrued as of the termination date. No commissions will accrue after the effective date of termination. We may delay your final payment for a reasonable period to confirm the final amount owed and to account for chargebacks, reversals, or fraud investigations.
Continued customer activity after termination does not revive or extend this Agreement and does not entitle you to further commissions.
9. Confidentiality
Each party agrees to keep confidential, and not disclose to any third party, any non‑public information received from the other party that is marked or reasonably understood to be confidential, except as required by law or with prior written consent.
10. Modification
We may modify this Agreement, including commission structures and Program rules, at any time in our sole discretion. It is your responsibility to review the current terms regularly. Your continued participation in the Program after changes are posted on our site constitutes your acceptance of those changes. If you do not agree with any modification, your sole remedy is to terminate this Agreement by providing written notice.
No amendment, modification, or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties, except for unilateral updates we make and publish in accordance with this Section 10. No verbal statements by any employee, officer, or agent will modify this Agreement.
11. Relationship of the Parties
You and GamedayMath are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship. You do not have authority to bind us or make any commitments on our behalf. You must not make any statement that conflicts with this section.
12. Representations and Warranties
You acknowledge that we may, at any time and without obligation to you, (a) engage in marketing and player acquisition under terms different from those offered to you, and/or (b) operate websites or programs that are similar to or compete with your properties. Your decision to participate in the Program is based on your own evaluation and not on any promise or guarantee of results beyond what is expressly set out in this Agreement.
13. Limitation of Liability and Indemnification
We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data arising out of or in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Our aggregate liability under this Agreement will not exceed the total commissions actually paid or payable to you under this Agreement.
You agree to indemnify, defend, and hold harmless GamedayMath, its affiliates, and their respective directors, officers, employees, agents, and owners from any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of any trademarks or other intellectual property; (ii) your breach of any representation, warranty, or obligation under this Agreement; (iii) the development, operation, maintenance, and content of your site(s) and promotional channels; and (iv) any claim related to your properties or content that is not directly attributable to us.
14. Data Protection
You must comply with all applicable data protection and privacy laws in the jurisdictions where you are domiciled and where you operate, including any requirements relating to the collection, storage, and use of personal data obtained through your promotional activities.
15. Miscellaneous
This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements or communications relating to the Program. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time to an affiliate or in connection with a merger, acquisition, or sale of assets.
16. Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement shall be brought in the state or federal courts located in Florida, and you consent to the personal jurisdiction and venue of such courts.