iGaming | FOMENTO.AGENCY
Terms and conditions

AFFILIATE TERMS – FOMENTO AGENCY

1. PARTIES

This agreement governs the relationship between:

FOMENTO INDUSTRIES LTD, registered under no. 13674979, headquartered at C/O The Accountancy Partnership Suite 5, 5th Floor City Reach, 5 Greenwich View Place, London, England, E14 9NN, including its affiliates, subsidiaries, representatives, partners, and related operations (“FOMENTO Agency” or “Company”);

AND

The individual or legal entity registered in the affiliate program (“Affiliate”).

Jointly referred to as the “Parties”.

2. ACCEPTANCE OF TERMS

By registering, using the services, accessing platforms, promoting campaigns, generating traffic, or participating in FOMENTO Agency’s affiliate program, the Affiliate declares that they:

  • have fully read this Agreement;
  • understood all clauses;
  • fully agree to the Terms and Conditions;
  • possess full legal and civil capacity;
  • accept the legal validity of electronic acceptance.

Electronic acceptance shall produce all applicable legal effects, including the use of:

  • logs;
  • IP addresses;
  • electronic records;
  • digital evidence;
  • electronic signatures.

Such records may be used as judicial, arbitral, or administrative evidence.

3. DEFINITIONS

For purposes of this agreement:

  • “Affiliate”: individual or legal entity registered in the program.
  • “Operator”: betting platform, sportsbook, online casino, or partner company promoted by the Affiliate.
  • “Traffic”: users directed by the Affiliate.
  • “Lead”: registration generated by the Affiliate.
  • “Qualified Player”: user considered valid according to the Operator’s criteria.
  • “Fraud”: any artificial, deceptive, unlawful, or manipulative practice.
  • “Invalid Traffic”: traffic considered suspicious, artificial, incentivized, fraudulent, or incompatible with internal policies.
  • “CPA Abuse”: artificial generation of conversions for improper CPA payments.
  • “Bonus Abuse”: abusive use of promotional bonuses.
  • “Sub-affiliate”: any third party used by the Affiliate.
  • “Campaigns”: advertisements, creatives, banners, pages, content, or promotional actions.
  • “Chargeback”: reversal of payment or deposit.
  • “Self Referral”: self-referral performed directly or indirectly by the Affiliate.

4. NATURE OF THE RELATIONSHIP

The Affiliate acts entirely independently, without any:

  • employment relationship;
  • partnership;
  • commercial representation;
  • franchise;
  • agency;
  • joint venture;
  • mandate.

The Affiliate is not authorized to:

  • represent the Company before third parties;
  • assume obligations on behalf of the Company;
  • provide guarantees;
  • enter contracts;
  • make commercial promises;
  • act as official support;
  • use institutional identity without authorization.

All activities carried out by the Affiliate shall be their sole responsibility:

  • civil;
  • tax;
  • administrative;
  • regulatory;
  • criminal.

5. ELIGIBILITY

Only individuals who are:

  • over 18 years old;
  • legally capable;
  • holding valid documentation;
  • compliant with applicable laws;

may participate in the program.

The Company may request:

  • personal documents;
  • corporate documents;
  • financial documents;
  • KYC/AML validations;
  • proof of address;
  • tax information.

6. PURPOSE

This agreement governs the provision of digital marketing, advertising, traffic generation, and campaign promotion services performed by the Affiliate on behalf of FOMENTO Agency and/or partner Operators.

Services may include:

  • display campaigns;
  • paid media;
  • email marketing;
  • influencers;
  • social media;
  • lead generation;
  • performance campaigns;
  • offer promotion;
  • banners;
  • landing pages.

7. GENERAL OBLIGATIONS OF THE AFFILIATE

The Affiliate agrees to:

  • act in good faith;
  • comply with applicable laws;
  • comply with advertising standards;
  • respect Operator rules;
  • preserve the Company’s reputation;
  • comply with responsible gaming rules;
  • comply with consumer protection rules;
  • comply with data protection laws;
  • act transparently;
  • comply with advertising platform policies.

The Affiliate shall be fully responsible for:

  • content;
  • campaigns;
  • advertisements;
  • creatives;
  • pages;
  • influencers;
  • media;
  • strategies used.

8. REGULATORY COMPLIANCE AND RESPONSIBLE ADVERTISING

The Affiliate undertakes to fully comply with:

  • Law No. 14.790/2023;
  • SPA/MF ordinances;
  • CONAR rules;
  • LGPD;
  • GDPR;
  • consumer protection laws;
  • applicable international regulations;
  • platform policies.

It is expressly prohibited to:

  • promise guaranteed profit;
  • suggest enrichment;
  • advertise “foolproof methods”;
  • suggest fixed income;
  • encourage indebtedness;
  • associate betting with financial success;
  • hide risks;
  • target minors;
  • use misleading language;
  • advertise “easy money”;
  • promote betting as an investment.

All advertising must:

  • contain an “18+” warning;
  • contain responsible gaming messages;
  • identify sponsored content when applicable;
  • comply with advertising rules.

9. TRAFFIC AND MEDIA POLICY

The use of the following is prohibited:

  • incentivized traffic;
  • motivated traffic;
  • bots;
  • spam;
  • phishing;
  • cloaking;
  • malware;
  • adware;
  • cookie stuffing;
  • adult traffic;
  • fake accounts;
  • fraudulent traffic;
  • low-quality traffic;
  • brand bidding;
  • co-registration;
  • cashback;
  • coupon sites;
  • traffic from signal groups;
  • traffic from schemes;
  • click farms;
  • automated traffic;
  • fraudulent VPNs;
  • multiple accounts;
  • artificial conversion tests;
  • overcap;
  • WhatsApp spam;
  • SMS spam;
  • email spam.

Examples of prohibited incentivized traffic:

  • “Make a deposit and receive a course”;
  • “Make a deposit and receive money”;
  • “Make a deposit and receive a product”.

The following shall also be considered invalid:

  • traffic without activity;
  • lack of repeated deposits;
  • lack of bets;
  • lack of verification;
  • CPA Abuse;
  • Bonus Abuse;
  • Self Referral.

The Company may invalidate traffic deemed suspicious, artificial, or incompatible with its policies.

10. INFLUENCERS, SUB-AFFILIATES, AND THIRD PARTIES

The Affiliate shall be fully responsible for:

  • influencers;
  • streamers;
  • sub-affiliates;
  • media buyers;
  • partners;
  • content creators;
  • contracted third parties.

The Affiliate must ensure that third parties:

  • are of legal age;
  • comply with regulatory rules;
  • do not make misleading promises;
  • identify sponsored advertising;
  • comply with responsible gaming rules.

Any violation committed by third parties linked to the Affiliate shall be considered a direct violation by the Affiliate.

11. INTELLECTUAL PROPERTY AND TRADEMARKS

The Affiliate may not:

  • register domains similar to the Company’s trademarks;
  • use visual identity without authorization;
  • create fake profiles;
  • simulate official support;
  • modify logos;
  • use protected content without license.

Any use of trademarks shall depend on express authorization from the Company.

The Affiliate declares ownership of all necessary rights over:

  • creatives;
  • audio tracks;
  • images;
  • content;
  • advertising materials.

12. DATA PROTECTION AND PRIVACY

The Affiliate undertakes to fully comply with:

  • LGPD;
  • GDPR;
  • applicable national laws.

The Affiliate declares and guarantees that they:

  • obtained valid consent;
  • provided an adequate Privacy Notice;
  • respect data subject rights;
  • maintain consent records;
  • adopt security measures.

The Company may conduct audits and request:

  • proof of consent;
  • reports;
  • documentary evidence;
  • technical information.

All responsibility arising from improper data processing shall rest exclusively with the Affiliate.

13. ANTI-FRAUD, AML, AND INVESTIGATIONS

Any practice related to the following is prohibited:

  • money laundering;
  • financial fraud;
  • financial triangulation;
  • asset concealment;
  • straw persons;
  • illicit financing.

The Company may:

  • monitor traffic;
  • use anti-fraud systems;
  • use artificial intelligence;
  • conduct audits;
  • request documents;
  • cooperate with authorities;
  • share information with Operators.

Refusal to cooperate may result in:

  • account blocking;
  • withholding of funds;
  • permanent termination.

14. COMMISSIONS AND PAYMENTS

Commissions shall be calculated according to previously agreed commercial conditions.

Payments shall depend on:

  • Operator validation;
  • traffic validation;
  • confirmation of conversions.

The Company may:

  • review metrics;
  • audit results;
  • correct tracking;
  • cancel invalid revenue;
  • withhold payments;
  • offset losses;
  • apply clawbacks;
  • issue retroactive reversals.

No payment shall be due in cases of:

  • fraud;
  • invalid traffic;
  • chargebacks;
  • multi-accounting;
  • CPA Abuse;
  • Bonus Abuse;
  • contractual breach;
  • suspicion of money laundering.

The minimum payment amount shall be EUR 300.00.

Invoices must be issued through:

  • MEI;
  • valid corporate entity;
  • regular tax structure.

15. WITHHOLDING OF FUNDS

The Company may withhold payments for up to 180 days for analysis of:

  • fraud;
  • compliance;
  • chargebacks;
  • suspicious traffic;
  • AML/KYC;
  • Operator validation.

If irregular traffic is identified, payments may:

  • be canceled;
  • be reduced;
  • be offset.

16. AUDIT AND REQUEST FOR INFORMATION

The Company may request at any time:

  • campaign IDs;
  • reports;
  • screenshots;
  • BM (Business Manager);
  • ad accounts;
  • traffic proof;
  • financial proof;
  • KYC documents;
  • proof of consent.

Failure to provide such information may result in:

  • immediate suspension;
  • withholding of funds;
  • account termination.

17. CONFIDENTIALITY

All commercial, operational, financial, and strategic information shall be considered confidential.

The Affiliate agrees not to disclose:

  • reports;
  • internal data;
  • strategies;
  • commercial conditions;
  • Operator information;
  • financial information.

Improper sharing may result in:

  • compensatory fines;
  • withholding of payments;
  • contract termination.

18. NON-SOLICITATION AND COMMUNICATION WITH OPERATORS

The Affiliate may not:

  • directly contact Operators regarding commercial matters related to the Company;
  • interfere in the Company’s business relationships;
  • solicit employees;
  • solicit partners;
  • solicit media buyers;
  • solicit Operators.

Violation may result in:

  • immediate termination;
  • commercial suspension;
  • withholding of commissions.

19. LIMITATION OF LIABILITY

The Company shall not be liable for:

  • loss of profits;
  • indirect damages;
  • loss of revenue;
  • data loss;
  • tracking failures;
  • platform unavailability;
  • regulatory changes;
  • blocks;
  • Operator failures;
  • market changes.

The Company’s maximum liability shall be limited to the amount effectively owed to the Affiliate during the last 3 months.

20. INDEMNIFICATION

The Affiliate agrees to fully indemnify the Company, its:

  • shareholders;
  • directors;
  • legal representatives;
  • employees;
  • partners;
  • Operators.

Against any:

  • losses;
  • damages;
  • fines;
  • convictions;
  • lawsuits;
  • investigations;
  • attorney fees;
  • reputational damages.

This obligation shall remain valid after contract termination.

21. SUSPENSION AND TERMINATION

The Company may suspend or terminate the agreement immediately in cases of:

  • fraud;
  • regulatory irregularity;
  • contractual breach;
  • reputational risk;
  • policy violation;
  • legal determination;
  • operational risk.

In such cases:

  • payments may be blocked;
  • commissions may be canceled;
  • funds may be withheld;
  • access may be removed.

22. FORCE MAJEURE

The Company shall not be liable for delays or failures resulting from:

  • cyberattacks;
  • system failures;
  • wars;
  • pandemics;
  • regulatory changes;
  • governmental acts;
  • third-party unavailability;
  • Operator failures.

23. DURATION

(Section title only in original document.)

24. AMENDMENTS TO THE TERMS

The Company may amend these Terms at any time.

Continued use of the platform shall represent full acceptance of the amendments.

25. FINAL PROVISIONS

If any clause is deemed invalid, the remaining clauses shall remain valid.

Any tolerance by the Company shall not constitute waiver of rights.

This Agreement constitutes the entire agreement between the Parties.

26. CONTACT

Official communications may occur through:

  • email;
  • internal platform;
  • digital notifications;
  • corporate applications.

The Affiliate is responsible for keeping their information updated.

Last update 15.05.2026

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PRIVACY

TERMS AND CONDITIONS

C/O The Accountancy Partnership Suite 5, 5th Floor City Reach, 5 Greenwich View Place, London, England, E14 9NN Registration number 13674979