Version 1 (2023)
Terms & Conditions
The online platform, known as "Streamia" and accessible through itswebsite at www.streamia.io, functions as an affiliate platform. It servesas a portal for the purpose of hosting online training, statistical tools,educational materials, content, and videos. Additionally, it facilitates themanagement of Affiliate Deals. Streamia allows you to provide yourservices for a share in affiliate commission. These Terms and Conditions govern your use of Streamia and yourprovision of services to Wedia Services Limited (the “Company”, “we”,“us” or “our”). Please read them carefully as they affect your rights andliabilities under the law. Your agreement with Wedia is governed by theseTerms and Condition. If you do not agree with any of the provisions orclauses, please do not register for or use the Streamia platform. By completing the Publisher Application and creating an account with us,you declare that you have read, comprehended and consented to theseTerms and Conditions. We may update these Terms and Conditions fromtime to time for legal or regulatory reasons or to allow the properoperation of the Streamia portal. Any changes will be notified to you viathe e-mail address provided by you on registration or via a suitableannouncement on the Streamia site. The changes will apply to the use ofStreamia after we have given notice. If you do not wish to accept the newTerms and Conditions you should not continue to use the Streamia site.Your agreement will terminate. If you continue to use the Streamia siteafter the date on which the change comes into effect, your continued useof Streamia indicates your consent to the new Terms and Conditions.
1. Definitions
“Agreement” means the Publisher Application, including these Terms and Conditions and its appendices, the Commission, the Privacy Policy and any additional regulations and/or guidelines provided by the Company that are communicated to the Publisher from time to time.
“Affiliate Deals” means those agreements which are made, by way of a separate contract between the Company and the Operator, and which can be accessed on Streamia.
“Affiliate Programme” means those affiliate programs signed between the Company and the Operator, which are accessible through the Streamia platform.
“Affiliated Entities” means the subsidiaries, affiliates, partners or entities that have a direct or indirect relationship with Streamia or the Company.
“Baseline” means the minimum qualifying deposit required from the customer in order for the Publisher to get rewarded in terms of this Agreement.
“Company” means Wedia Services Limited, a company incorporated and registered under the laws of British Virgin Islands with number 2072275 and having its registered office at ABM Corporate Services Ltd, 1st Floor Columbus Centre, P.O. Box 2283, Road Town, Tortola, British Virgin Islands.
“CPA” means cost-per-acquisition, the Publisher will be entitled to receive a one-off CPA for any new customer referred to the Operator. The Baseline must be met in order for the Publisher to be rewarded.
“Commission Structure” means the commission structure as set out under clause 6.4 below or any specific commission structure expressly agreed between the Company and the Publisher.
“Commission” means the percentage of the Net Revenue or fixed amounts generated through CPA, or a mix of the two.
“Confidential Information” means any information of commercial or essential value for any of the Parties such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about new customers, other customers and users of Streamia, technology, marketing plans and manners of operation. “Dormant Account” means a Publisher, an account showing no or close to none acquisition activity for a period of 180 days.
“Intellectual Property Rights” means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid.
“Net Revenue” shall mean the total revenue generated from an Affiliate Deal after deducting all expenses and costs.
“Operator” means those online platforms with which the Company holds separate agreements.
“Publisher” means you, a natural or a legal person who has registered on Streamia.
“Publisher Application” means the application form available at www.streamia.io and its sub-domains, which serves as the means for the Publisher to create an account on Streamia.
Registration
You shall complete the Publisher Application as per the guidelines provided on it.Y
ou must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
The Company will provide the Publisher comprehensive online training and educational resources, including video materials and online streaming materials. The Publisher shall have read all Streamia guidelines and articles on the Streamia platform.
Your use of the Streamia portal
You may not use Streamia for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- generating traffic by illegal or fraudulent activity;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You shall indemnify us in respect of any and all losses, damages, costs (including all reasonable legal fees) and expenses arising out of any of your breach of these Terms and Conditions, your negligence or otherwise as a result of your use of Streamia.
The Company’s rights and obligations
We may suspend or cancel your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
You can terminate this Agreement and cancel your account at any time by informing us in writing at closure@streamia.io. If you do so, you must stop using Streamia with immediate effect.
The suspension or cancellation of your account and your right to use Streamia shall not affect either party's statutory rights or liabilities.
We reserve the right to classify your account as a Dormant Account if it remains inactive, showing no recent activity or transactions for a period of 180 days. A Dormant Account will be closed, and any funds not withdrawn will be forfeited.
The Company shall pay the Publisher the payment due pursuant to Clause 6 of this Agreement, subject to the terms of this Agreement.
The Company reserves the right, at its sole discretion, to request any necessary information or documentation for the purpose of due diligence as required for this Agreement. In such instances, the Publisher shall comply and collaborate with the Company upon receiving such a request.
Responsibilities and Obligations of the Publisher
To use its professional abilities and expertise to actively and efficiently promote Operator platforms and the Streamia platform. This promotion shall be carried out in accordance with the Company’s published online guidelines, which the Publisher commits to follow.
To exclusively utilise marketing materials that are supplied to the Publisher either by the Company or the Operator, solely for the intent of advertising, marketing, and promoting Streamia and the Operator's website, while complying with this Agreement, marketing guidelines, any additional rules or regulations communicated to the Publisher, as well as, any terms and conditions published online, that are applicable to the Operator. The tracking links and/or marketing materials must not be modified or changed without obtaining prior written consent from the Company.
When choosing an Affiliate Programme, the Publisher shall read and adhere to the Affiliate Programme’s own Terms and Conditions, regulations, guidelines, and any additional rules when promoting any Operator.
The Publisher agrees to actively collaborate with the Company in promoting responsible gambling. You shall ensure that all marketing activities related to gambling are conducted in a responsible manner, with due consideration for the potential harm associated with excessive gambling. This includes refraining from using any content or methods that target individuals under the age of 18 or below the legal gambling age in their respective jurisdiction. Furthermore, you shall acknowledge the potential risks associated with gambling and shall, where appropriate, provide information about responsible gambling practices and resources, such as BetBlocker or similar help organisations or programs, to individuals who engage with their promotional materials or services.
The Publisher shall refrain from intentionally targeting any jurisdiction where such promotions are deemed unlawful.
The Publisher will, at all times, comply with all applicable laws and regulations including any advertising codes to perform its obligations under this Agreement and to be able to receive the Commission.
The Publisher will always include information about the terms and conditions applicable to any promotion (with a link to the said terms and conditions) and will comply with the terms and conditions of the Operator and any platform he may use.
The Publisher agrees not to direct any traffic to Streamia through unlawful, illegal or fraudulent methods. You will act within the relevant and/or applicable law at all times and you will not perform any act which is illegal in relation to the Affiliate Programme or otherwise.
The Publisher acknowledges and commits not to acquire, endeavour to secure, or secure keywords, search terms, or other designators for utilisation within search engines, portals, sponsored advertising services, or any other search or referral services, if these designators are identical or akin to any of the trademarks or trade names associated with Streamia, the Company, or its Affiliated Entities.
The Publisher will adhere to Streamia’s Code of Conduct as set out in Appendix 1 of this Agreement.
Commission
Commission is calculated at the end of each month, or as otherwise stated by the Affiliate Programme.
Commission for the current month shall be processed by the 30th of the subsequent month. The Company reserves the right to disburse the Commission only after it has been received by the Affiliate Programme.
If the balance of the Commission due to the Publisher in respect of any calendar month is less than €200 (minimum threshold), it shall be carried over into subsequent month until the threshold has been reached.
The Publisher shall be paid a percentage of the Company’s Net Revenue generated from an Affiliate Deal by way of Commission:
Stremia Level and Publisher share %
1 - 9 : 75%
10 - 15 : 77.5%
16 - 23: 80%
24 - 28: 81.5%
29 - 37: 84%
38 - 45: 85.5%
46 - 49: 88%
50: 90%
Intellectual Property Rights
The content of Streamia is protected by copyright, trademarks, database right and other intellectual property rights. You may retrieve and display the content of the Streamia site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Streamia site without written permission from the Company.
Ownership of Affiliate Deals
- The Company shall own all Affiliate Deals established or facilitated through the Publisher's efforts during the term of this Agreement. Any commissions, fees, or benefits arising from these Affiliate Deals shall be the sole property of the Company.
- The Publisher acknowledges and agrees that any and all rights, title, and interest in the Affiliate Deals, including but not limited to intellectual property rights, shall vest exclusively in the Company.
Non-Compete Obligations
- During the term of this Agreement and for a period of twelve (12) months following its termination, the Publisher shall not engage with any of the Streamia’s partners, such as Operator and its Affiliate Programmes.
In the event of a breach of clause 9.1, Streamia reserves the right to seek damages from the Publisher.
Liability
- The Company shall in no event be liable to the Publisher or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of Streamia portal.
- The Company shall not be liable for any direct, indirect, special, or consequential loss or damage, including but not limited to damages for any loss of business, profits or revenue, loss of goodwill or reputation, arising from this Agreement.
- In the event that the Publisher breaches any of the terms and conditions, regulations, guidelines, or additional rules outlined in an Affiliate Programme agreement, the Publisher shall be liable for any damages or losses incurred as a direct consequence of the breach and shall indemnify Streamia for such breaches.
Termination
You and/or we may terminate this Agreement at any time, without prior notice, for any reason. All provisions of this Agreement which grant continuing rights or impose continuing obligations shall survive termination of this Agreement.
Effect upon Termination
- In the event that the Publisher terminates this Agreement for any reason, the Publisher shall forfeit any claim to commissions, fees, benefits, or any other compensation arising from the affiliate deals owned by Wedia.
- The Publisher acknowledges and agrees that the non-compete obligations outlined in Section 9 shall continue to apply even after termination of this Agreement for a period of 12 months.
Relationship of the Parties
Nothing contained in this Agreement, nor any action taken by any Party to this Agreement, shall be deemed to constitute either Party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
Any taxes arising from or related to the activities and earnings of the Publisher under this Agreement shall be solely and exclusively at the expense and in the responsibility of the Publisher.
Severability / Waiver
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
Confidentiality
You hereby agree and commit that you will not, unless with the prior explicit and written consent of the Company, communicate, disclose, share, or utilise for the advantage of any other individual, entity, or company, any trade secrets or confidential information belonging to Streamia and/or the Company. You also agree not to use or attempt to use such information in any way that might harm or result in losses, whether directly or indirectly, to the Company or its businesses. This provision shall survive the termination of this Agreement.
Data Protection
You agree that your activities shall at all times abide by all applicable data protection and privacy legislation as may be amended from time to time, including without limitation EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”), and will comply with all necessary notification procedures of the use ‘cookies’ to all visitors of your website/s. Non-compliance with the Data Protection requirements will result in the immediate termination of this Agreement.
All data collected from customers referred by you necessary for registration shall remain the sole and exclusive property of the Company and you acknowledge and accept that you have no rights over such data.
Appendix 1
Content Creator Code of Conduct - v1.0
This document is considered a living document that is regularly updated based on the evolution of the service. Updates will be communicated to all content creators.
Introduction
This Code of Conduct outlines the rules and guidelines that content creators (hereinafter referred to as “Publishers”) must adhere to when using our service. By participating in our platform, Publishers agree to comply with this Code of Conduct.
Compliance with Laws and Regulations
Publishers shall be responsible for complying with all applicable laws and regulations while using our service.
Responsible Gambling
Publishers shall not actively encourage irresponsible gambling practices during their streams, in accordance with responsible gambling best practices. For clarification, “irresponsible gambling” includes but is not limited to: underage gambling, encouragement of addiction, misrepresentation, excessive emphasis on gambling.
Platform Rules
Publishers must also adhere to the iGaming rules of the specific platform they are using (e.g., Twitch, YouTube), in addition to this Code of Conduct.
Prohibited Content During Streams
The following is strictly prohibited during streams:
Consumption of alcohol, smoking, drugs, or any illegal substances.
Real world violence or engagement in harmful or dangerous activities.
Violent and/or hateful speech.Harassment and bullying.
Any reference to minors.
Animal cruelty and neglect.
Content that marginalises any communities, groups, or individuals.
Any reference to nudity, pornography and other sexual content.
The spread of misleading or infringing information.
Sharing of confidential information.
Unauthorised use of copyrighted materials.
Contact Information
For any questions or clarifications regarding this Code of Conduct, please contact support@streamia.io.
By using our service, the Publisher agrees to abide by this Code of Conduct and all associated guidelines. We are committed to providing a safe and respectful environment for all users.