Terms and Conditions

Welcome to WakeUp. These Affiliate Program Terms and Conditions (‘Terms’) govern your access to and participation in the WakeUp affiliate marketing programme, including our website, affiliate platform, tracking systems, reporting dashboards, and all associated services (collectively, the ‘Platform’). The Platform is operated by 3-102-962954 SRL (‘WakeUp’, ‘we’, ‘us’, or ‘our’), a company incorporated and registered in the Republic of Costa Rica.

These Terms constitute a legally binding agreement between you (‘Affiliate’, ‘Partner’, ‘you’, or ‘your’) and WakeUp. By registering an affiliate account, accessing, or using the Platform in any way, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not register for or use the Platform.

This is a business-to-business arrangement intended solely for companies, sole traders, and individuals acting in a commercial or professional capacity. The Platform is not directed at consumers, and consumer protection rules applicable to business-to-consumer transactions do not apply to this relationship.

We reserve the right to amend these Terms at any time. Material changes will be communicated to you via email or a prominent notice on the Platform. Continued use of the Platform following notification of changes constitutes your acceptance of the updated Terms. If you do not accept the amended Terms, your sole remedy is to terminate your participation in accordance with Section 12.

2.1Eligibility Requirements

To register as an Affiliate, you must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) and have the legal capacity to enter into a binding commercial agreement. Where you register on behalf of a company or other legal entity, you represent and warrant that you are duly authorised to bind that entity to these Terms.

You represent and warrant that all information provided during registration and throughout your participation is accurate, current, and complete, and that you will keep it up to date. WakeUp reserves the right to request supporting documentation, including identity, corporate, and beneficial ownership information, and to suspend or close any account where the required information cannot be verified.

2.2Geographic and Legal Restrictions

You are solely responsible for ensuring that your participation in the Platform and your promotional activities are lawful in every jurisdiction in which you operate and target traffic. WakeUp does not accept applications from, and you must not direct traffic from, any territory in which the promoted products or services are prohibited or restricted by applicable law.

You must comply with all applicable laws, regulations, and industry codes, including those relating to advertising standards, consumer protection, data protection, anti-money laundering, sanctions, and unsolicited electronic communications.

2.3Account Registration and Approval

Registration as an Affiliate is subject to review and approval at WakeUp’s sole discretion. We may approve or reject any application without providing reasons. Acceptance of your application does not constitute any guarantee of earnings or continued participation.

During registration and for the duration of your participation, you agree to:

• Provide accurate, current, and complete registration and payment information
• Maintain and promptly update your account and payment details to keep them accurate
• Keep your login credentials confidential and not share them with any third party
• Notify us immediately of any unauthorised use of your account
• Accept full responsibility for all activity conducted under your account

2.4One Account Policy

Each Affiliate may maintain only one account unless WakeUp has expressly agreed otherwise in writing. Creating multiple or duplicate accounts to obtain additional benefits or circumvent these Terms is prohibited and may result in the forfeiture of any accrued commissions and the closure of all associated accounts.

3.1Grant of Participation

Subject to your compliance with these Terms, WakeUp grants you a limited, non-exclusive, non-transferable, revocable right to promote the products, services, brands, and offers made available to you through the Platform (the ‘Offers’) in exchange for commissions calculated in accordance with Section 4.

3.2Tracking Links and Creatives

WakeUp will provide tracking links, referral codes, banners, and other promotional materials (‘Marketing Materials’) for use in connection with the Offers. You may only use Marketing Materials supplied or approved by WakeUp, and you must not alter, obscure, or modify them without our prior written consent. Referrals are attributed to you solely through the tracking mechanisms provided by WakeUp, and our tracking and reporting systems are the definitive record for calculating commissions.

3.3Permitted Promotional Methods

You may promote the Offers only through the channels and methods disclosed to and approved by WakeUp. Any material change to your promotional methods, traffic sources, or marketing channels must be notified to WakeUp in advance. WakeUp may require you to cease using any channel or method at any time.

3.4Approval of Marketing Communications

WakeUp may require prior review and approval of any marketing communication, landing page, or creative that references WakeUp, the Offers, or any associated brand. You remain fully responsible for the content, legality, and compliance of all communications you publish, including any disclosures required by applicable advertising and consumer protection laws.

4.1Commission Models

Commissions are earned in accordance with the specific commercial terms applicable to each Offer, which may include cost-per-acquisition (CPA), revenue share, hybrid, cost-per-lead (CPL), cost-per-install (CPI), or other models as agreed between the parties. The applicable model, rates, qualifying criteria, and any caps will be set out in the relevant Offer terms, insertion order, or your account dashboard, which form part of these Terms.

4.2Qualifying Activity

Commissions are payable only in respect of valid, genuine, and verifiable activity that meets the qualifying criteria of the relevant Offer. WakeUp reserves the right to determine, acting reasonably, whether activity qualifies. Activity arising from fraud, incentivised traffic (unless expressly permitted), bots, self-referrals, chargebacks, reversals, fraudulent transactions, or any breach of these Terms does not qualify and will not be remunerated.

4.3Reporting and Statements

Activity and accrued commissions are reported through your account dashboard. WakeUp’s figures, derived from its own tracking and reporting systems, are conclusive for the purpose of calculating amounts due, save in the case of manifest error. You should review your statements regularly and notify us of any discrepancy within thirty (30) days; failure to do so will be deemed acceptance of the relevant statement.

4.4Payment Terms

Approved commissions are paid in accordance with the payment schedule, minimum payout threshold, and payment methods specified on the Platform. Payments will be made to the verified payment account held in your name. Where the applicable minimum threshold is not met in a given period, the balance will be carried forward to subsequent periods.

You are solely responsible for all taxes, duties, and levies arising from commissions paid to you, and for any VAT, GST, or equivalent charges applicable to your invoices. You must provide valid invoicing and tax information on request. WakeUp may withhold amounts where required by applicable law.

4.5Adjustments, Withholding, and Clawback

WakeUp may withhold, adjust, reverse, or reclaim any commission, including amounts already paid, where it has reasonable grounds to believe that the underlying activity was invalid, fraudulent, charged back, reversed, or obtained in breach of these Terms. WakeUp may set off any such amounts against current or future commissions payable to you.

4.6Held and Dormant Balances

Where an account remains inactive, or where we are unable to make payment due to incomplete or inaccurate payment information, accrued balances may be held pending verification. WakeUp may, to the extent permitted by applicable law and following reasonable notice, treat balances that remain unclaimed for an extended period in accordance with its applicable account policy.

You represent, warrant, and undertake on a continuing basis that:

• You will comply with all applicable laws, regulations, and industry codes in connection with your promotional activities
• You will not make any false, misleading, deceptive, or unsubstantiated claims about WakeUp or the Offers
• You will clearly disclose the commercial nature of your promotions where required by law
• You will not bid on, register, or use any trademark, brand name, or domain of WakeUp or its advertisers, including misspellings, without prior written consent
• You will not generate traffic through spam, unsolicited communications, or any unlawful or deceptive means
• You will maintain appropriate consents and privacy notices in respect of any personal data you collect and process
• Your websites and channels do not contain and will not promote illegal, obscene, defamatory, infringing, or otherwise objectionable content

You will indemnify and hold WakeUp harmless against any losses, damages, liabilities, costs, and expenses arising from your breach of these warranties or any of your promotional activities.

You must not engage in any of the following while participating in the Platform:

• Generating, inflating, or manipulating traffic, leads, clicks, or conversions by fraudulent or artificial means, including bots, scripts, click farms, or incentivised traffic where not permitted
• Self-referrals or referrals from accounts under your direct or indirect control
• Cookie stuffing, forced clicks, typosquatting, or any deceptive attribution practice
• Unauthorised use of WakeUp or advertiser trademarks, brand bidding, or impersonation
• Sending unsolicited communications (spam) or breaching any anti-spam or e-privacy laws
• Promoting the Offers in restricted territories or to ineligible audiences, including minors
• Using the Platform for money laundering, sanctions evasion, or any financial crime
• Attempting to reverse-engineer, interfere with, or circumvent the Platform’s tracking or security measures
• Transferring, selling, or acquiring affiliate accounts without WakeUp’s written consent

Any violation of this Section may result in immediate suspension, forfeiture of accrued commissions, termination of your account, and may be reported to relevant law enforcement or regulatory authorities.

All content on the Platform, including logos, trademarks, text, graphics, software, data, Marketing Materials, and the overall design of the Platform, is the property of WakeUp or its licensors and is protected by applicable intellectual property laws. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, revocable licence to use the Marketing Materials solely for the purpose of promoting the Offers.

You may not reproduce, distribute, modify, create derivative works of, or exploit any content from the Platform except as expressly permitted. All goodwill arising from your use of WakeUp’s and its advertisers’ brands accrues to WakeUp or the relevant advertiser. Any licence granted under these Terms terminates automatically upon termination of your participation.

In the course of your participation you may receive non-public information relating to WakeUp, its advertisers, commercial terms, commission rates, and business operations (‘Confidential Information’). You must keep all Confidential Information strictly confidential, use it only for the purpose of performing under these Terms, and not disclose it to any third party without WakeUp’s prior written consent. This obligation survives termination of these Terms.

Each party shall comply with all applicable data protection laws in respect of any personal data processed in connection with these Terms. Where you collect or process personal data of end users, you act as an independent controller and are solely responsible for establishing a lawful basis for processing, providing required privacy notices, and obtaining any necessary consents.

You must not transfer personal data to WakeUp other than as expressly required for the operation of the Platform, and you must implement appropriate technical and organisational measures to protect personal data. WakeUp processes personal data in accordance with its Privacy Policy, which is incorporated into these Terms by reference.

The Platform is provided on an ‘as is’ and ‘as available’ basis. WakeUp does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components, and does not guarantee any level of traffic, conversions, or earnings.

To the fullest extent permitted by applicable law, WakeUp, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms or your use of the Platform.

To the fullest extent permitted by applicable law, WakeUp’s total aggregate liability to you for any claim arising in connection with these Terms shall not exceed the total commissions paid to you in the three (3) month period immediately preceding the event giving rise to the claim.

Either party may terminate participation in the Platform at any time by giving written notice. WakeUp may suspend or terminate your account immediately, without notice, where it reasonably suspects fraud, a breach of these Terms, or any conduct that may expose WakeUp or its advertisers to legal, regulatory, or reputational risk.

Upon termination, your right to use the Marketing Materials ceases immediately and you must remove all tracking links and references to the Offers. Subject to Section 4, validly earned commissions accrued prior to termination will be paid in the ordinary course, save where the account is terminated for fraud or breach, in which case WakeUp may withhold or forfeit any unpaid amounts. Sections relating to intellectual property, confidentiality, indemnities, limitation of liability, and governing law survive termination.

Termination for Fraud, Incentivised Traffic and Low-Quality Traffic

WakeUp may terminate your participation in the Platform, in whole or in respect of any Offer or commission model, in the following circumstances:

1. a

   Fraud

   Fraud includes, without limitation, multi-accounting, the creation of fake player accounts, the imitation of player gaming activity, and an atypically high proportion of referred players who do not return to the relevant brand after their first session or first deposit. Where WakeUp detects Fraud, it will immediately stop all promotional campaigns with you and block your affiliate account indefinitely. Your account balance and any outstanding commission will be cancelled.

2. b

   Incentivised traffic

   Incentivised traffic means the use of any form of incentive to induce players to register or make a deposit without WakeUp's prior written approval, including cashback, prize draws, giveaways, or any other reward offered by you or on your behalf. Where WakeUp detects unauthorised incentivised traffic, it will immediately stop all promotional campaigns with you and block your affiliate account indefinitely. Your account balance and any outstanding commission will be cancelled.

3. c

   Low-quality traffic

   Low-quality traffic includes, without limitation, an abnormal proportion of bonus hunters (players who register and deposit mainly to use bonuses and promotions rather than to play) and low average revenue per referred player. Where WakeUp determines that your traffic is of low quality, it may terminate the CPA or Hybrid commission terms applicable to you by notifying you at least one (1) day before the termination date. Unless the parties agree otherwise before that date, every new depositing player referred by you on or after the termination date will be remunerated exclusively under the Revenue Share commission model at WakeUp's standard rates. All CPA commission generated by the activity of an organised group of bonus hunters who registered through your tracking link will be cancelled.

4. d

   Single-deposit players

   No commission, under any commission model, is payable in respect of a referred player who has made only one (1) deposit within 30 days after that deposit. Where the traffic you refer consists wholly or predominantly of players who have made only one (1) deposit, WakeUp may, in addition, withhold all commission for the relevant reporting period and treat such traffic as low-quality traffic under paragraph (c) or, where the circumstances indicate it, as Fraud under paragraph (a).

If you have a complaint or dispute relating to the Platform, you should first contact WakeUp in writing, providing full details. The parties shall attempt in good faith to resolve any dispute through negotiation within thirty (30) days. We aim to acknowledge complaints within ten (10) business days.

If the dispute cannot be resolved through negotiation, it shall be referred to and finally resolved in accordance with Section 13.

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Costa Rica. You agree to submit to the exclusive jurisdiction of the competent courts of the Republic of Costa Rica for the resolution of any dispute, without prejudice to any mandatory rights you may have under applicable law.

These Terms, together with the applicable Offer terms, insertion orders, and our Privacy Policy, constitute the entire agreement between you and WakeUp regarding your participation in the Platform. You are an independent contractor; nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between the parties.

You may not assign or transfer your rights or obligations under these Terms without WakeUp’s prior written consent. WakeUp may assign these Terms to any affiliate or successor. If any provision is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

For any queries regarding these Terms or the Platform, please contact us:

• Website: wakeup.team
• Email: support@wakeup.team
• Registered Entity: 3-102-962954 SRL