|
Terms and
Conditions
This Affiliate
Agreement (''Agreement'') contains the complete terms and conditions between you
and GreatOdds, the trading name of NETBET CC. This agreement includes all terms
and conditions regarding your application and, if approved, subsequent
participation in the Affiliate Program.
1. GENERAL
DEFINITIONS AND INTERPRETATIONS
1.1 In completing
the Affiliate Sign-up Form, and, subsequently marketing and referring new
Members to any website owned and operated by GreatOdds which on the Affiliate
Sign up Form your elect to promote (''Our Website''), you agree to be bound by
all the terms and conditions set out in this agreement.
1.2 In this
Agreement unless the context otherwise requires: ''Affiliate Sign up Form''
means the form which you complete and submit to become a GreatOdds affiliate;
''Banners'' means display banners taking the form of hyperlinks which
appear on Website pages; ''Gross Profits'' means the aggregate of the
following: (i) in relation to sports betting the figure resulting from the
calculation of the betting revenues generated by New Customers actually received
by us less the winnings, less fraud charges (if any) and charges paid out on
such bets by us to New Customers;
and (ii) in
relation to poker shall mean the sum total of all New Customers' contributions
to ''rakes'' the New Customers were involved in while playing at Our Website,
less any credits, bonus or promotional amounts given to New Customers,
processing charges, chargebacks or any uncollectable revenue attributable to the
New Customers. A New Customer's contribution to a ''rake'' shall be determined
by multiplying the quotient obtained when dividing the actual amount to a hand
contributed by the New Customer by the total bet of each hand, by the total
''rake'' of the hand in question. For example, if the real New Customer's
contribution to the hand is five Dollars ($5.00) and the total bet in the hand
is twenty Dollars ($20.00) and the ''rake'' of the hand in question is one
Dollar ($1.00), the Real New Customer's contribution to the rake will be twenty
five cents ($0.25); and (iii) in relation to casino and other games on Our
Website means the figure resulting from the calculation of the revenues
generated by New Customers playing in the casino and/or on other games (other
than poker) actually received by us less the winnings, less any charges relating
to fraud (if any) and less charges paid out on such revenues by us to New
Customers. ''New Customers'' means Customers who have no prior
account with Our Website, and we have no previous record of their personal email
address or other details that we deem to show connection between accounts who
through accessing Your Website are introduced via links to and access Our
Website and subsequently (a) open an account with Our Website and (b) make a
deposit and game and/or place bets with Our Website either at the time of
introduction or at any time thereafter PROVIDED THAT such an account is opened
within thirty (30) days of accessing Our Website through the links;
''Your
Website'' the website which
you notify to us on the Affiliate Sign up Form
2. PROGRAM
APPLICATION AND ENROLMENT
2.1 We will
evaluate your application and notify you of your acceptance. We may reject your
application if we determine that Your Website is not suitable for the Affiliate
Program for any reason.
2.2 Identity and
Disclosure. You must provide true and complete information to us at all times;
including but not limited to, your identity, contact information, payment
instructions, nationality, residency, location and nature of your marketing
activities, and any other information that we may request.
3. MARKETING
ACTIVITIES AND RESPONSIBILITIES.
3.1 Solely at your
own cost and expense, you may market to and refer potential Members to Our
Website. You will be solely responsible for the content and manner of your
marketing activities. You will not actively target your marketing to minors,
including any persons who are less than 18 years of age. Additionally you will
not market Our Website to any persons resident in the USA or refer potential
members who are United States Citizens to our products.
3.2 We will make
available to you, Banner advertisements, button links, text links, poker tools,
and other links as determined by us which shall all link to Our Website
(collectively referred to hereinafter as a ''Link''), which you may display on
Your Website. The use of the Links is the only method by which you may advertise
Our Website.
3.3 You may not
advertise Our Website in any other way including, without limitation, the use of
spam e-mails. If we find that you have participated in such activities, we have
the right to close your account immediately and withhold all earnings.
3.4 You may not in
any way whatsoever solicit, or try to solicit the program using the chat feature
anywhere on Our Website. In the event that GreatOdds finds this to be the case,
we have the right to cancel your participation in the program immediately, and
withhold all your commissions.
3.5 In the event
that you desire to offer certain incentives to potential New Customers you are
required to receive our prior written approval for such incentives prior to your
commencement of such activity. In the event that you do not receive such
approval and offer such incentives, GreatOdds has the right to cancel your
participation in the program, and not pay you any owed commissions whatsoever.
You will only use the Banners Links and any other marketing materials that have
been provided by us and/or pre-approved by us (collectively the ''Marketing
Materials''). In addition, you will only use the bonus code provided to all
Customers at any time, unless you have received written permission to use
something else. Any promotion of unauthorised bonus codes will result in
revenues received with these bonus codes being deducted from your monthly
commissions. During the term of this Agreement, we grant you a terminable,
non-exclusive, non-transferable right to use the marketing materials we provide
for the sole purpose of marketing to and referring potential New Customers to
Our Website. Generally we will provide you, without charge, the guidelines,
graphical artwork and permitted text to use in promotional materials.
4. REPORTS &
PAYMENTS
4.1 We will track
the number of New Customers.
4.2 Neither you
nor your relatives are eligible to become New Customers via your Links, and
should you or they do so you will not be eligible to receive the relevant
commission. Our measurements and calculations in relation to the number of New
Customers and the relevant Gross Profit figures shall be the sole and
authoritative tool, and shall not be open to review or appeal.
4.3 GreatOdds
shall pay to you (the ''Affiliate Fees'') a commission up to the rate of 20% of
the Gross Profits during the term of this agreement based on the normal
accounting principles of GreatOdds.
4.4 Reports. We
will track and report New Customer activity for purposes of calculating your
Affiliate Fees.
4.5 Affiliate
Fees. All Affiliates are paid monthly provided they reach the minimum commission
levels. Any Affiliates who have not reached the minimum requirements, will have
this amount carried forward until such time that their commission has reached
the minimum. All fees will be paid within thirty (30) days of the close of each
calendar month. The minimum amount for commissions to be paid is £50, however,
for wire transfers, this minimum is £500.
4.6 Negative
Balances: If the Gross Profits in respect of any calendar month (or part
thereof) shall be zero or a negative figure, such figure shall not be carried
forward to any following calendar month (or part thereof) and for the avoidance
of doubt shall not be offset against the Gross Profits for any following
calendar month (or part thereof).
4.7
Sub-Affiliates. You may refer other persons to us so that they may also apply to
join our Affiliate Program. You will be paid in respect of the activities of
such Sub-Affiliate in accordance with the payment plan in force at the time of
registration of a Sub-Affiliate, provided that you register them correctly
through the Affiliate Program links. You will only receive credit for
sub-affiliates which comply with all applicable terms of this Agreement. Any
person registered as an affiliate cannot subsequently be reclassified as a
Sub-Affiliate. You shall not: (i) register yourself or any person controlled by
you as your own Sub-Affiliate; (ii) use fictitious or alias names for the
registration of Sub-Affiliates; (iii) offer any type of enticement of money or
otherwise of monetary value or otherwise to potential Sub-Affiliates unless such
enticements are approved in writing by us; or (iv) attempt to introduce any
addition or variation to our terms in relation to any potential Sub-Affiliate.
Any violation of these terms will have your account frozen immediately.
4.8 Method of
Payment. All payments will be due and payable in the currency selected by you on
the Affiliate Sign up Form unless you are notified by GreatOdds to the contrary.
Payment will be made by wire (although please note that account details supplied
must be accurate in order for us to make a payment by wire and GreatOdds shall
not be responsible for any error in the account details you supply), e-wallet or
any other method as we in our sole discretion decide; however we will try to
accommodate your preferred payment method.
4.9 Customer
Tracking. You understand and agree that potential New Customers must link
through a Tracking URL in order for you (and, if applicable, Sub-Affiliates) to
receive Affiliate Fees in relation to such New Customers. In no event are we
liable for your failure to use the right Trackers. Further, you understand and
agree that you will not receive credit for Sub-Affiliates unless you expressly
register them under you.
4.10 New Customer
Verification. Affiliate Fees in relation to New Customers will be dispatched
only following our verification and checks concerning all New Customers.
GreatOdds has the right to check all commissions for possible fraud or abuse. If
fraud or abuse are considered, GreatOdds will freeze your commissions until such
time as proven otherwise
4.11 At any time,
for any reason, GreatOdds has the right to convert your commission structure
from revenue share to per player CPA and vice versa, as we see fit.
5. TERM AND
TERMINATION
5.1 Term and
Termination. This Agreement will take effect when you (or your Sub-Affiliates)
complete the Affiliate Sign-up Form, and will continue until terminated by
either Party.
5.2 Either Party
may terminate this Agreement at any time, with our without cause, by giving the
other Party written notice of termination, where such notice may be served via
fax or e-mail..
Again this is industry standard & covers both
parties
5.3 We reserve the
right to withhold your final payment for a reasonable time to ensure that the
correct amount is paid.
5.4 Upon the
termination of this Agreement for any reason, you will immediately remove from
Your Website all Links and Marketing Materials and any marks, logos or other
intellectual property associated with Our Website.
5.5 Following the
termination of this Agreement and, subject to the terms of this Agreement, our
payment to you of all commissions due at such time of termination, we shall have
no obligation to make any further payments of commissions to you.
5.6 This Agreement
can be terminated by GreatOdds when you cease promoting Our Website, without any
notice written or otherwise.
6. LIABILITIES
AND WARRANTIES
6.1 No Warranties.
WE DO NOT WARRANT THAT OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT
PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED.
6.2 Liability
Limitations. Our obligations under this Agreement do not constitute personal
obligations of the directors, officers, employees or shareholders of the owners
of GreatOdds. Any liability arising under this Agreement will be satisfied
solely from the revenues generated hereunder. Our liability is limited to direct
damages, and in no event will we be liable for any 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).
6.3
Indemnification. You will defend, indemnify and hold us and our officers,
directors, employees and representative harmless from and against any and all
liabilities, losses, damages and costs, resulting from or arising from, your
breach of this Agreement.
6.4 You warrant
that you have all the requisite data protection licences or registrations in the
relevant jurisdictions to collect and deal with Your Website visitors' personal
information and that you will obtain the necessary consents from Your Website to
enable personal information and data to be dealt with in accordance with this
Agreement.
6.5 Save as
expressly provided in the Agreement, all warranties, conditions or other terms
implied by statute, common law or otherwise are excluded to the fullest extent
permitted by law.
6.6 Nothing in
this agreement shall exclude or limit liability for death or personal injury
resulting from negligence of either party or their servants, agents or
employees. Further, neither party shall be liable to the other for any indirect,
consequential or special damages arising out of or in connection with the
Agreement.
7. INDEPENDENT
INVESTIGATION
7.1 Independent
Investigation. You acknowledge that you have read this agreement and agree to
all its terms and conditions.
7.2 Independent
Research. You understand that gambling laws may vary from city to city, state to
state and country to country. You have independently evaluated the laws in your
locale which apply to your activities and believe that you may participate in
our affiliate program without violating any applicable rules or laws.
8. MISCELLANEOUS
8.1 Notices. All
notices pertaining to this Agreement will be given by email as follows: to us at
marketing@greatodds.com and, to you at address provided on the Affiliate Sign up
Form.
8.1 Notices. All
notices pertaining to this Agreement will be given by email as follows: to us at
marketing@ greatodds.com and, to you at address provided on the Affiliate Sign
up Form.
8.2 Relationship
of Parties. There is no relationship of exclusivity, partnership, joint venture,
employment, agency or franchise between you or us under this Agreement. Neither
party has the authority to bind the other nor to incur any obligation on the
other's behalf, except as expressly provided herein. Nothing in this Agreement
will be construed to provide any rights, remedies or benefits to any person or
entity not a party to this Agreement.
8.3 Non-Exclusive.
You understands that we may at any time (directly or indirectly), enter into
marketing terms with other Affiliates on the same or different terms as those
provided to you herein and that such Affiliates may be similar, and even
competitive, to you.
8.4 Press. You may
not issue any announcement with respect to this Agreement or your participation
in this Affiliate Program without our prior written consent.
8.5 Assignment.
This Agreement and the rights and obligations hereunder may not be assigned by
you without our express written consent. GreatOdds may assign this agreement to
any other owned subsidiary of NETBET CC.
8.6 Governing Law.
The validity of this Agreement, its construction, interpretation, and
enforcement, and the rights of the parties hereto will be determined under,
governed by, and construed in accordance with the laws of England and Wales and
the parties submit to the exclusive jurisdiction of the English Courts.
8.7
Severability/Waiver. Whenever possible, each provision of this Agreement will 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 or any provision hereof. No waiver will be implied
from conduct or failure to enforce any rights and must be in writing to be
effective.
8.8 Modification.
We may modify any of the terms of this Agreement at any time, in our sole
discretion, by either (I) E-mailing you a change notice or (ii) by posting the
new version of the Agreement on our Website. It is your responsibility to visit
the Website frequently to make sure you are up to date with the latest version
of the Agreement and its provisions. If any modification is unacceptable to you,
your only recourse is to terminate this agreement. Your continued participation
in the Affiliate Program following posting or notice of change will be deemed
binding acceptance of the modification.
8.9 Entire
Agreement. This Agreement embodies the complete agreement and understanding of
the parties hereto with respect to the subject matter hereof and supersedes and
pre-empts any prior understandings or agreements between the parties, written or
oral, which may be related to the subject matter hereof. The headings in this
Agreement are for convenience only and will have no effect on the construction
of this Agreement.
8.10 A person who
is not a party to this agreement has no right under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this Agreement.
IN WITNESS WHERE
OF, you expressly agree to the terms and conditions of this Agreement by
submitting the Affiliate Sign Up Form.
|