Terms and Conditions
Version 1.1.0
Last Updated Sept 17, 2025
1. Introduction
Onyx Games LLC (the “Company”) operates www.onyxodds.com (“Product Website”) and https://partners.onyxodds.com/ (“Affiliate Program Website”). By accessing or using our Affiliate Program Website or by promoting our Product Website you (“Affiliate”) acknowledge that you have read, understood, and accepted this Agreement and Privacy Policy (https://www.onyxodds.com/privacy-policy). Your continued use of our Affiliate Program Website and promotion of our Product Website signifies that you accept any updates made to this Agreement (https://www.onyxodds.com/affiliate-program-terms). If you do not agree with any part of this Agreement, you may not access or use our Affiliate Program Website nor promote our Product Website.
2. Definitions
- “Qualified Purchaser” is defined as a new user of the Product Website who
- signs up for the Product Website via Affiliate’s unique tracking link and promo code (as tracked by the Affiliate Program Website)
- completes the registration process with their accurate and true identity information
- makes a first-time purchase of at least ten U.S. dollars (US$10.00) on their account on the Product Website (a “Qualifying Purchase”)
- places a bona fide Onyx Coin and Onyx Cash sports prediction on the Product Website subsequent to their successful purchase where the odds of winning on the sports pick have displayed odds in the game of -500 or longer (e.g. -200, +100, +200...etc)
- Does not meet the definition of an Excluded User as defined in Section 8
The Company in its sole and absolute discretion may determine if a user meets the definition of a Qualified Purchaser. The Company reserves the right to not attribute the conversion of a user as a Qualified Purchaser if conversion is better attributed to another source, if the conversion is found to be fraudulent, the basis for the conversion is found to be deceptive, the users are found not to be bona fide or to be violating the Company’s Terms of Use (https://www.onyxodds.com/terms-of-use), the user makes a chargeback of their purchase, or for any other reasoning that the Company may determine.
3. Eligibility
Before you create an account on the Affiliate Program Website as an Affiliate or promote the Product Website, you represent and warrant that:
- you are of the legal age in the applicable jurisdiction to agree to and enter into an Agreement;
- you are competent and duly authorized/have the legal authority to enter into binding Agreements for the Affiliate;
- you are the proprietor of all rights, licenses, and permits to market, promote, and advertise the services of Onyx Games LLC in accordance with the provision of this Terms and Conditions;
- you shall comply with all applicable rules, laws and regulations in connection with the promotion of the Brand;
- you do have an existing Affiliate account registered with Onyx Games LLC; and
- you fully understand and accept the terms and conditions of the Agreement.
By registering, you confirm that the information you provide is accurate and complete.
4. Registration Process
- This Affiliate Program Website is designed to facilitate participation in an Affiliate Program to promote Onyx Odds, or any future brands owned or affiliated with the Company (“Brand(s)”). To initiate the registration process on the Affiliate Program Website you must submit an application, where you will be required to provide additional information through an online web form.
- As part of the registration process, you will be required to provide certain information, including, but not limited to, your name, contact details, revenue share information, marketing channels, and the URL of the website(s) where the Brand(s) will be promoted.
- Once your application is submitted, your application will be reviewed and you may be contacted via e-mail to discuss any further steps to complete the registration process. The Company reserves the right to refuse any application in its sole and absolute discretion.
- Any Affiliate application will be immediately denied if any of the following is found on the proposed affiliate website:
- sexually graphic, pornographic, or obscene material;
- content of a graphic violent nature;
- content aimed towards minors;
- any content of an overtly political or controversial intention;
- prejudicial, hateful, threatening, inciteful or discriminatory-natured content (whether that be concerning race, religion, sexual orientation, gender or ethnicity); and/ or
- any other content, as determined by our internal policies.
- The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering or transferring an Affiliate Account is not accepted. You shall not open more than one Affiliate Account per Brand without prior written consent.
5. Approval and Agreement
- No partnership, agency, or employment relationship is created by merely registering on the Affiliate Program Website or promoting the Product Website.
- If your application is approved, you will be bound by the details of this affiliate agreement as well as the individual agreement terms specified in your account on the Affiliate Program Website. The affiliate terms as specified and represented in the Affiliate Program Website supersede any other payment terms or agreements agreed upon anywhere else.
5. Data Collection and Privacy
- The information you provide during registration will be used solely for the purpose of evaluating your application and managing your account.
- The Company is committed to protecting your privacy and will not share your data with third parties without your consent, except as required by law.
- For more details on how we handle your data, please refer to our Privacy Policy.
6. Responsibilities of the Affiliate
- as an Affiliate, you agree to promote Brand in a lawful and ethical manner;
- you will not engage in any deceptive or fraudulent practices to generate leads or sales; and
- you are responsible for ensuring that your marketing materials comply with all applicable laws and regulations.
7. Payment and Fees
- Your payments and fees will be based upon the “Offer Agreement" associated with your account in the Affiliate Program Website. The agreement as defined in the Affiliate Program Website, supersedes any verbal or written communication you may have had regarding your payable amounts.
- If your Offer Agreement is defined as a cost-per-acquisition agreement, you will be compensated a fixed amount per Qualified Purchaser, defined explicitly as your cost-per-acquisition rate defined in your Offer Agreement on the Affiliate Program Website multiplied by the number of Qualified Purchasers you had in the month.
- All payments for a given month will be paid on a net 30 days basis after the conclusion of the month to which the payments are attributable.
- In addition to this, the Company in its sole and absolute discretion may supersede and revise any payment amounts that may be owed to you, even if a payable amount is included in the Affiliate Program Website. The Company may revise its payable amount if it in its sole and absolute discretion determines some number of your conversions are not qualified purchasers, that you have in some way violated any portion of this agreement, that you may not be acting in good faith as an affiliate, or for any other reason that the Company may determine in its sole and absolute discretion.
- The Company may, in its sole discretion, limit the amount that an affiliate is paid for a given month to $50,000 in order to properly review and analyze the performance of the Qualified Purchasers that the Affiliate referrers. The Company may in its sole discretion attribute bona fide overages above this $50,000 limit for a given month to future months, as long as the amount payable in those future months stays within $50,000.
8. Excluded Users
- The Company at its sole and absolute discretion reserves the right to exclude users from eligibility as Qualified Purchasers on the basis of any criteria that the Company sees fit.
- In particular users whose registered address or the location from which the Company determines the user is accessing the Product Website is in a list of excluded locations, the user will not be able to meet the definition of a qualified purchaser.
- In particular users who live in or whose location is determined to be outside of the United States, within the United States but in US states where Onyx Odds does not provide its full suite of services (which can be referenced as the union of the states listed as unavailable on https://www.onyxodds.com/ in the “Where is Onyx available” section, the states blocked by location geofencing on the Product Website, and any other explicit blocking of users that the Company might do with respect to user geolocation or registered location)
- The Company also excludes users in select states wherein it does not support user acquisition: California, New York, Pennsylvania, Massachusetts, and Arizona.
- This list of states may change, it is the sole responsibility of the Affiliate to reference the affiliate program terms (https://www.onyxodds.com/affiliate-program-terms) regularly for changes to this list of excluded states.
9. Intellectual Property Rights
All content, including without limitation, all text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of this website, are subject to intellectual property rights, including copyright and trademarks held by or licensed to Onyx Games LLC. All such rights are expressly reserved. You are not permitted copying of this website, in whole or in part, is permitted without the express written authorization of Onyx Games LLC.
Certain other names, words, logos, slogans and images used on this website, are the property of, and are subject to, trademark rights held by Onyx Games LLC. Certain other trademarks, trade names, words, logos, slogans and images listed on this website are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property.
10. Limitation of Liability and Indemnification
No Warranties. WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE PROGRAM, OUR WEBSITES, OR ANY CONTENT, PRODUCTS OR FACILITIES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
Liability Limitations. Our obligations under this Terms and Conditions do not constitute personal obligations of the owners, shareholders, directors, officers, agents, employees, vendors or suppliers of the Website other than as provided under this Agreement. Other than as expressly provided in this Agreement, in no event will we be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall be nil. However, nothing in this Agreement will operate to exclude or limit either party's liability for death or personal injury arising as a result of that party's negligence or for fraud.
Indemnification. You shall defend, indemnify and hold us, our holding companies, our affiliated companies, and subsidiary companies (collectively “Group”), and us and our Group’s officers, directors, shareholders, employees, and representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) resulting or arising (directly or indirectly) from your breach of this Agreement.
9. Amendments
Onyx Games LLC reserves the right to amend these Terms and Conditions at any time. Any changes will be posted on the Website, and your continued use of the Website constitutes your acceptance of the revised terms.
10. Arbitration
Any dispute, controversy, or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination, or the business relationship created by it shall be referred to and finally resolved by arbitration, and JAMS (“JAMS”) will administer the arbitration under its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time arbitration is sought (“JAMS Rules”). The JAMS Rules referenced above are available at https://www.jamsadr.com/adr-rules-procedures/.
Unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in Wilmington, Delaware or, at either your or our election, will be conducted telephonically or via other remote electronic means;
11. Governing Law
Subject to the Arbitration Agreement contained in Section 16, which is governed by the Federal Arbitration Act, the parties agree that these Terms and the related Service are governed by and shall be construed in accordance with the laws of the State of New York USA without regard to its principles of conflicts of law.
12. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at support@onyxodds.com.
