This agreement (?Agreement?) is between BetVictor Limited, (trading as "BetVictor", and referred to as "us" or "we"), and you ("you"). It contains the terms and conditions (?terms?) which apply to all members of the BetVictor Affiliate Programme (?Affiliate Programme?) from 1 October 2020 and which govern your use of your affiliate account (?Affiliate Account?). This Agreement provides you with the non-exclusive, non-assignable right to direct Customers (defined below) to our sites.
1.??? Our Rights and Obligations
1.1.? Register your Customer
We will register any Customers you refer to us and track their transactions using a system called Income Access (which is operated by Income Access Limited). Income Access provide the software which operates your Affiliate Account. The terms governing your use of the software are found here: https://incomeaccess.com/terms-conditions/. You agree to be bound by these terms by becoming a member of the Affiliate Programme.
i)????????????? join our customer database after arriving at our website(s) as a result of clicking a URL which we provide to you when you join the Affiliate Programme;
ii)??????????? open an account with us; or
iii)?????????? deposit funds which they have used to bet or play casino. By opening an account with us, your visitors become our Customers and so all our rules, policies, and operating procedures will apply to them. ?
We reserve the right to refuse Customers (or to close their accounts) if this is necessary for us to comply with all legal and regulatory obligations or any requirements we may periodically establish. We may also suspend or close the accounts of Customers who are found to engage in, or who are suspected of, fraud. Please note that there are certain jurisdictions from which we cannot, for legal or regulatory reasons, accept business. We will notify you from time to time as to which jurisdictions these are.?
1.2.? Pay a Referral Commission
Subject to clauses 3 & 6, we will pay you referral commission ("Referral Commission?). This will be based on revenue which we earn from players directed from your site after they open an account with us and wager for real money.
We may change any of the terms of this Agreement or replace them at any time in our sole discretion. You will be notified of modifications to the terms of this Agreement through a pop-up banner when you log into your Affiliate Account. If you are not happy with the changes, you should not continue using our Affiliate Programme. If you continue participating in our Affiliate Programme following notice of any changes, you will be deemed to accept the new terms and conditions.
1.4.? Your Application
2.??? Your Rights and Obligations
2.1.? Linking to our Websites
By agreeing to participate in this Affiliate Programme, we grant you the non-exclusive, limited, revocable and non-assignable right to create and maintain unique hypertext reference links from your site to the websites which are owned or operated by, or branded as, BetVictor Limited (?BetVictor Websites?, or ?our Websites?). The only methods of advertising you are permitted to use on the Affiliate Programme are banners and Pay Per Click (PPC) adverts. You must always ensure that each advert promoting an offer complies with our brand image. You are only permitted to use syntax of the tracking link which has been designed and designated by us.
You must request our permission to promote us by using PPC adverts by contacting email@example.com. If we allow you to use PPC adverts, they must state:
i)????????????? ?New customer offer?
ii)???????????? what the deposit requirements for casino and/or sportsbook are
iii)?????????? whether wagering requirements apply
iv)?????????? ?Terms and conditions apply? (with a web link);
vi)?????????? ?18 + only? (as required by the Betting and Gaming Council (BGC) IGRG Code)
vii)????????? #AD within the ad-copy.
You must also i) ensure that free to play games are not displayed to UK Customers who have not been age-verified ii) provide evidence to us that you are using age-gating when using social media channels, such as, but not limited to, Twitter, Facebook, Instagram and YouTube iii) guard against our services appealing to minors and vulnerable people.
You must always seek clarification from us when you are unsure as to how a campaign should be run. You must also seek clarification from us if you are unsure as to whether your campaign complies with our brand image.?
In addition to the obligations set out by Clauses 2.1 and 2.14, you must carry out the following actions in accordance with the BGC?s IGRG Code:
i)????????????? target your adverts to a 25+ audience when you advertise on paid social media channels;
ii)???????????? restrict your audience to 18+ when you advertise using your own content on YouTube;
iii)?????????? devote the subject matter of at least 1 post per week on each social media platform you use to safe gambling;
iv)?????????? comply with further identity verification checks which we may periodically commission. We require your compliance with these to establish your continued suitability for membership of the Affiliate Programme.
We will be entitled to terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any way other than as contemplated by this Agreement.
2.4.? Registering of Domain Names
You shall refrain from registering (or applying to register) any domain names, trademarks, social media account or page, or platform similar to those used by or registered in the name of BetVictor or its group companies or any other name that could be understood to designate BetVictor or its group companies.
2.5.? Bidding on Brand Terms
You must not bid on, purchase or register BetVictor-branded keywords, search terms or other identifiers which are identical or similar to any of BetVictor?s or its group companies? trademarks for use in any search engine, portal, sponsored advertising service or other search or referral service. Similarly, you must not bid on, purchase or register words such as, but not limited to, "BetVictor", ?BetVictor gaming?, ?BetVictor casino? and any variations of the same. Lastly, you must not include metatag keywords on sites which are identical or similar to any of BetVictor?s or its group company?s trademarks.
2.6.? Approved Layouts
You will only use our approved advertising creative (banners, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those which are available to you.
You agree that you will adhere with all policy and guideline documents which we send you from time to time. In addition, you agree that you will keep up to date with all marketing rules, including, if applicable, the Advertising Standards Authority guidelines and that you will undertake any online training courses which we may require you to complete. Finally, you will not:
i)????????????? use any systems and tipster sites unless you clearly state that using these sites does not guarantee success;
ii)???????????? display or promote matched betting, arbitrage and/or systems on your website(s) and/or platforms;
iii)?????????? use e-promotions (i.e. promotions using email and/or SMS).
2.7.? Good Faith
You will not benefit from traffic you know or suspect to be generated in bad faith, regardless of if this causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe there has been such traffic.
We also reserve the right to withhold affiliate payments and/or suspend or close accounts where Customers are found to be abusing any BetVictor offers or promotions, whether done with, or without your knowledge. Such situations to include but not be limited to different Customers betting both sides of an event or market to limit risk and claim bonuses.
2.8.? Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials which appear on your site, including the proper functioning of all hyperlinks to the landing page of our offer. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous, indecent or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.
You must also not carry out any of the following actions:
i)????????????? promote your website so that it resembles the look and/or feel of our website;
ii)??????????? set up or use any websites which give the impression that they are owned and/or operated by us;
iii)?????????? make potential Customers think that you are promoting us directly;
iv)?????????? offer links to the BetVictor website to residents of certain countries not being permitted to operate accounts;
v)??????????? alter the form, location or operation of the links without BetVictor?s written consent.
The Affiliate Programme is intended for your direct participation. You shall not open Affiliate Accounts on behalf of other participants. Opening an Affiliate Account for a third party, brokering an Affiliate Account or transferring an Affiliate Account are not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting us. Approval is solely at our discretion.
If we receive a complaint from a Customer or a third party, you warrant that you will: i) provide us with all information about the complaint as soon as commercially possible, and in any event, within 24 hours of you receiving notice of the complaint ii) immediately cease the conduct which caused the complaint after you acquire any form of knowledge of that conduct.
We reserve all of our rights in relation to Customer or third-party complaints.
2.9.? Relationship of the Parties
Under this Agreement, we and you are partners (in the non-legal sense of the word). Our legal relationship is that of independent contractors. Nothing in this Agreement creates any legal partnership, joint venture, agency, franchise, sales representative, or employment relationship between us.
2.10.????????????? Licence to use Marks
We hereby grant to you a non-exclusive, limited, royalty free, revocable, non-transferable licence to use our trade name, trademarks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
2.11.?? Confidential Information
During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate Programme. You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information survive the termination of this Agreement.
2.12.?? ?Data Protection
You shall always comply with Regulation (EU) 2016/679 (the General Data Protection Regulation) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
2.13.?? Licensing Requirements
You acknowledge that we are licenced by the Great Britain Gambling Commission, the Gibraltar Licensing Authority, and the Ireland Revenue Commissioners (the ?Regulators?) and accordingly we are bound by the licence conditions and codes of practice (the ?Licensing Objectives?). In addition, we are subject to the requirements of consumer protection legislation.
By signing this Agreement and joining the Affiliate Programme, you agree:
i)????????????? to have due regard for, and act at all times in a manner consistent with, the Licensing Objectives, as though you were a licensee of the Regulators yourself, and you agree to demonstrate your consideration of, and adherence with, the Licensing Objectives in all of your activities as an Affiliate;
ii)??????????? to comply with any applicable consumer protection legislation, to observe and comply with all directions and instructions issued by us concerning compliance with consumer protection legislation and to ensure that you will not, in your activities under this Agreement, prejudice, or otherwise interfere with, our compliance with consumer protection legislation. In particular, you shall not alter the appearance, location, operation, design and content of our approved banners and text links and/or promotional messaging, or complete any action that will have the effect of:
a.???? altering or removing any promotional terms and conditions which we include on any banners and text links and/or promotional messaging, or
b.??? affecting the means by which a potential Customer may access such promotional terms and conditions from the banners and text links and/or promotional messaging, including the expectation that such promotional terms and conditions must be accessible within a single 'click' of the our approved banners and text links and/or promotional messaging or on any linked landing and/or sign-up webpages (or technological equivalent location in non-browser based platforms and technologies such as mobile phone applications);
iii)?????????? to comply with legislation, codes and regulations applicable to the jurisdiction in which you are advertising, including, but not limited to those issued by:
a.???? Committee of Advertising Practice (CAP) ? as required by the IGRG Code;
b.??? Advertising Standards Authority (ASA);
c.???? Great Britain Gambling Commission;
d.??? Gibraltar Licensing Authority;
e.???? Revenue Commissioner (Ireland);
f.????? Competition & Markets Authority (UK) and
g.??? Betting & Gaming Council.
iv)?????????? ?to provide such information to us as we may reasonably require in order to enable us to comply with our information reporting and other obligations to the Regulators; and
v)???????????? to benefit from traffic known or suspected to arise from fraud.
2.14.?? Change of Details
You must notify us of any changes to the contact details and/or company details by providing this information to firstname.lastname@example.org. We will suspend your Affiliate Account if you fail to notify us of these things. We may require further KYC documentation when you update your details and we reserve the right to close your Affiliate Account if you fail to provide that documentation.
3.??? Referral Commission Calculation
3.1.? The Referral Commission
You will earn a Referral Commission which will be calculated at the end of each month whilst you are a member of the Affiliate Programme. We will only pay you Referral Commission if you meet the criteria stated by this Clause and when you have legitimately generated it. We pay you your Referral Commission once a month.
Net Gaming Revenue (NGR) means all gross monies which we receive from Customers? settled bets after deducting taxes, processing fees and cash bonuses. Target Product means the Product you have agreed to promote whilst you are a member of the Affiliate Programme. Your Target Product will either be i) Sports, or ii) Casino & Games. We will pay you Cross Over Commission when you generate NGR from Products which are not your Target Product, i.e. Secondary Products.?
You are only entitled to Referral Commission when:
i)???????????? your Affiliate Account is active (in accordance with Clause 4);
ii)??????????? your Affiliate Account has a positive balance at the end of any given calendar month, and
iii)?????????? the Commission generated from the current month minus the negative carryover from prior months exceeds the Minimum Payment Threshold.
The Minimum Payment Threshold is:
i)????????????? ?500 (or equivalent local currency) for UK or international bank transfer;
ii)??????????? ?50 (or equivalent local currency) for Skrill, Neteller and a BetVictor player account.
All equivalent amounts in currencies other than Pound Sterling will be calculated using our internal exchange rates as applicable in the relevant month.
Referral Commission is payable after the end of the calendar month once you have raised an invoice with Income Access. If you meet these criteria, the % of monthly net revenue which we pay you is as follows:
From time to time, we may change how we calculate Referral Commission and will give you as much notice as is reasonably practicable when we do this. Please note that our calculations of the Referral Commission are final.
3.2.? Negative Carryover
We will carry forward negative balances in your Affiliate Account and set these off against future Referral Commission. You are only entitled to Referral Commission when your Affiliate Account has a positive balance at the end of any given calendar month.
3.3.? Referral Commission Payments
You will be paid Referral Commission by Neteller, Skrill, bank transfer or by transfer to your player account. For the avoidance of doubt, you are not entitled to earn Referral Commission from you own betting activity. You are not therefore entitled to earn Referral Commission from your own betting activity. Please be aware that although BetVictor will not deduct any charges for arranging a bank wire, your own bank may choose to levy a charge on such transactions.
3.4.? Examples of How Referral Commission is Calculated
i)???????????? If you generate ?1000 NGR from your Target Product, the Referral Commission we pay you is calculated as follows: 30% of ?1000=?300 total Referral Commission;
ii)??????????? If you generate ?1000 NGR from your Target Product and ?1000 NGR from your Secondary Product, the Referral Commission we pay you is calculated as follows: 30% of ?1000=?300. 15% of ?1000=?150. ?300+?150=?450 total Referral Commission;
iii)?????????? If you generate ?1000 NGR from your Target Product and MINUS ?1000 NGR from your Secondary Product, the Referral Commission we pay you is calculated as follows: 30% of ?1000=?300. 15% of -?1000 is -?150. ?300-?150=?150 total Referral Commission; and
iv)?????????? If you generate MINUS ?1000 NGR from your Target Product, this loss is carried forward and deducted from future months where you generate a positive amount of Referral Commission.
3.5.? Referral Commission Payment Currency
All Referral Commission Payments will be due and paid in the currency agreed with you (which shall be either Euros, Pound Sterling or United States Dollars). Commission is calculated in Pound Sterling. Where currency conversion is required, all amounts are converted using our internal exchange rates.? Payments made by Neteller or bank transfer are processed in Pound Sterling and may be subject to bank fees and exchange rates. We define currency exchange rates at the start of each calendar month and a copy of our current exchange rates is available on request. Referral Commission generated from referring Customers who hold accounts in currencies other than Pound Sterling will be converted using our internal exchange rates.
3.6.? When No Referral Commission Is Payable
We will not pay you Referral Commission when:
i)???????????? the player is already a Customer;
ii)??????????? we have reason to believe that the Customer has been, or are, involved in arbitrage;
iii)?????????? your actions cause us to be fined or penalized;
iv)?????????? your balance is a negative amount at the end of any given month;
v)??????????? we find that the Customer has committed fraud or we suspect that the Customer has committed fraud.
Your Referral Commission may also be reduced or suspended if you reduce the promotion of our brand.
4.??? Our Additional Rights Over Your Affiliate Account & Customer Accounts
We reserve the right to close your Affiliate Account when we consider that you have breached the terms of this Agreement. We also reserve the right to close your Affiliate Account when we consider it inactive. Your Affiliate Account is inactive when:
ii)???????????? you have not referred a minimum of three (03) depositing Customers per calendar month.
We will notify you that your Affiliate Account has become inactive by email. We retain funds which remain in your account for a minimum of one (01) month after we have closed it owing to inactivity.
Furthermore, we reserve the right to close your Affiliate Account if a minimum of sixty percent (60%) of the Customers you refer in any calendar month constitute one, or a combination of, the following categories, namely, Customers who:
i)????????????? are closed by traders for arbitrage;
ii)???????????? are closed by security;
iii)?????????? have their bonus excluded;
iv)?????????? are linked to other Customers who have been closed for fraud and/or bonus abuse; and
v)???????????? have self-excluded.
We have the right to retain all Referral Commission in these scenarios:
i)????????????? commission that is generated by your Affiliate Account whilst your account is suspended for whatever reason;
ii)???????????? commission which we have reasonable cause to believe has been generated by fraud;
iii)?????????? commission which you do not claim within 24 months of you becoming entitled to it; and
iv)?????????? commission which in our sole discretion has been generated by you breaching the terms of this Agreement.
We also reserve the right to withhold all, or a part of, your Referral Commission if we consider that the revenue you have generated is at risk of chargeback. We will only pay out amounts which we consider to be at risk of chargeback after six (06) months have passed.
5.??? Term and Termination, Consequences and Unsuitable Sites
5.1.? Term and Termination
The term of this Agreement will begin when you are approved as an affiliate and will continue unless and until the Agreement is terminated.
Either party may terminate this Agreement at any time on forty-eight (48) hours? notice for convenience, with or without reason. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
We may also terminate immediately this Agreement for cause if you: breach any of the provisions of this Agreement, are reasonably suspected by us of fraud, have an inactive Affiliate Account or use any websites which mislead potential Customers, breach of IGRG, marketing breach. Such termination will take effect immediately.
Upon termination, you must remove all of our banners/icons from your site and disable all links from your site to all our Websites. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of our Marks.
Please note that you are not eligible to receive Referral Commission after the date of termination of this Agreement. This applies when this Agreement is terminated for any reason by either party.
5.3.? Unsuitable Sites
We may terminate this Agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those which are: aimed at children, display any illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.
5.4.? Duplicate Accounts and Self Referrals
You shall not open more than one Affiliate Account without our prior written consent, nor will you earn Commission on your own or a related person's BetVictor account. The Affiliate Programme is intended for professional website publishers only.
5.5.? Continued Promotion
You shall use all commercial efforts to market and promote our products and we reserve the right to terminate this Agreement if you do not do this. You shall incorporate and always display the most up-to-date links and creative content which we provide you with. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers.
You shall defend, indemnify, and hold us, our directors, employees and representatives, harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with, events such as, but not limited to: (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any harm caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.
7.??? Your Warranties
You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
The following warranties apply whilst you are a member of the Affiliate Programme.
You warrant that:
i)????????????? You are legally able to enter into contracts;
ii)???????????? You have not previously held, or currently hold, an Affiliate Account;
iii)?????????? You have not had an Affiliate Account with a third-party online business closed because of fraudulent activity;
iv)?????????? It is your responsibility to ensure you understand and comply with any laws or regulations;
v)???????????? You will comply with the terms of this Agreement;
vi)?????????? You are not a BetVictor employee;
vii)????????? You will not use your affiliate tracking links or any other method to open, or attempt to open, player accounts in your own name or on behalf of third parties, including, but not limited to, your relatives, members of your family or members of your household, and
viii)???????? You will maintain a suitable internet use policy concerning your use of our and your website.
We make no express or implied warranties or representations with respect to the Affiliate Programme, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express or imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any.
9.??? Limitation of Liability
We are not liable to you under this Agreement and the Affiliate Programme unless you have been a member of the Programme for more than three (3) months. If you have been a member of the Programme for more than three (3) months, our aggregate liability under this Agreement and the Programme will not exceed the total Referral Commission paid to you in the period of twelve (12) months immediately prior to our breach.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Programme, even if we have been advised of the possibility of such damages. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages.
10.? Entire Agreement
You acknowledge that this Agreement constitutes the entire agreement between us and you.
The laws of England and Wales govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Gibraltar, and you irrevocably consent to the jurisdiction of its courts.
You may not assign, transfer, mortgage, charge, subcontract, or declare a trust over any of your rights or obligations under this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assignees. We may at any time assign, transfer, mortgage, charge, subcontract, or declare a trust over any of our rights or obligations under this Agreement.
11.3.? Payment of costs, duties and taxes
Each party shall pay its own costs incurred in connection with the negotiation and preparation of this Agreement. The Affiliate acknowledges that it is liable for any and all taxes, including VAT, which may be payable in connection with the Agreement.
You must account for tax payable on your Commission. When regulatory authorities require us to account for that tax, we can withhold the amount payable from your Referral Commission.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognized by us. No waiver will be implied from conduct or failure to enforce any rights and a waiver must be in writing to be effective.
Our rights and remedies hereunder shall not be mutually exclusive. This means that our exercise of one or more of the provisions of this Agreement does not preclude us from exercising other provisions. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
If any provision or part-provision of this Agreement is deemed deleted as above, we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
11.7.? Third Parties
Anyone who is not a member of the Affiliate Programme does not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms.
No variation of these terms shall be effective unless both parties agree to the variation.
You shall provide legal notices in writing to email@example.com. Non-legal communication should be directed to firstname.lastname@example.org. Changes to contact details and/or company details must be provided to email@example.com.