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Affiliate Partner Agreement

Entered into by
bet-at-home.com International Ltd. (hereinafter "bet-at-home.com")
Portomaso Tower, Level 12
Portomaso PTM01
MALTA
and
....................... (hereinafter "Affiliate Partner")

1. General Terms of Agreement

1.bet-at-home.com International Ltd., Malta, which is part of bet-at-home.com AG, Düsseldorf, is an online sports betting company which offers its services in betting and games at www.bet-at-home.com. bet-at-home.com also offers its users numerous statistics, news, chats and competitions.

2. The Affiliate Partner maintains and operates one or more websites on the internet (hereinafter referred to collectively as "Website") and can confirm that the Website is in their name and that they have full disposal of the Website and its content.

3. By accepting the Affiliate Partner Agreement (see pt. 3), the Affiliate Partner gives their consent to the provisions stated in the contract.

4. bet-at-home.com reserves the right to amend, delete or add to any of the provisions of the Affiliate Partner Agreement, at any time and at its sole discretion, without giving any advance notice and without stating reasons as to why. Any changes will be published on bet-at-home.com.

2. Subject of Agreement

1. The purpose of the Affiliate Partner Agreement is the integration of advertising materials provided by bet-at-home.com on the Affiliate Partner's Website.

2. bet-at-home.com will provide the Affiliate Partner with a selection of advertising materials (e.g. banners, texts, graphics and logos). Implementing one or more of these advertising materials means that website users can, by clicking on the appropriate symbols, directly access the bet-at-home.com website. bet-at-home.com reserves the right to change, limit, or provide new advertising material at any time.

3. Conclusion of Agreement

1. bet-at-home.com will provide an online application form, which is to be filled out by the Affiliate Partner and sent to bet-at-home.com. The Affiliate Partner will receive a confirmation e-mail from bet-at-home.com immediately after bet-at-home.com has received their registration. This validates the Affiliate Partner Agreement. bet-at-home.com reserves the right to refuse an application without stating reasons as to why. Promotional agreements that have not been received via the online application form do not fall under the scope of this Affiliate Partner Agreement.

2. The Affiliate Partner will be assigned a partner ID upon conclusion of the Affiliate Partner Agreement. The customers who are procured via the link on the Affiliate Partner's Website, and their bets, will be registered with the help of an assigned ID link code via the partner programme.

3. After accepting the Affiliate Partner Agreement, the Affiliate Partner will acquire a non-transferable right, which can be terminated at any time, to adjust or use the provided link(s) or banner code(s) for the purpose of establishing a link to the bet-at-home.com website. This right does not include the authority to change or edit the link, unless bet-at-home.com has agreed to this in writing beforehand. The licence to use the link(s) or banner code(s) expires with the termination of the Affiliate Partner Agreement.

4. The copyright for the design of the framework of the link provided within the framework of the partner programme, as well as any other information that is available on bet-at-home.com’s website, remains exclusively with bet-at-home.com.

5. A change in the URL of the Affiliate Partner's Website must be stored in the system ("Tracking Profiles") and without prejudice to the rights and obligations stipulated by this Affiliate Partner Agreement.

6. bet-at-home.com reserves the right to close a market without stating reasons as to why, at any time and without prior announcement. Each Affiliate Partner is obliged to inform himself or herself about the closed markets independently, and to make corresponding adjustments (see Point 3.7). An updated list of closed markets can be found at https://www.bet-at-home.com/en/terms#H.

7. bet-at-home.com explicitly states that only people with permanent, habitual, or temporary residence in one of the countries listed in the customer’s General Terms and Conditions, Point H.4 (https://www.bet-at-home.com/en/terms#H), may open a betting account with bet-at-home.com. Provided that no legal regulations are contravened, a partner account may also be opened in a country which is not mentioned above as long as advertisements are only displayed in the countries listed in the aforementioned link.

8. bet-at-home.com reserves the right to end the Affiliate Partner Agreement with the Affiliate Partner if their site is deemed to be inappropriate. This is at the sole discretion of bet-at-home.com. Inappropriate sites include those which are aimed at children, are pornographic or depict other illegal sexual activity, promote violence, discriminate based on race, sex, religion, nationality, disability, sexual orientation or age, promote illegal activities, or infringe on intellectual property.

4. Obligations of the Affiliate Partner

1. The Affiliate Partner hereby confirms that they are of legal age in their country in order to enter into the Affiliate Partner Agreement, as well as that they are competent and duly authorised to enter into a binding agreement in accordance with the purpose of the Agreement.

2. The Affiliate Partner will recommend bet-at-home.com to potential players at their own expense. The Affiliate Partner is solely responsible for the distribution, content and the nature of their marketing activities. All marketing activities must be professional and proper, as well as lawfully operated in compliance with the applicable laws as well as this Affiliate Partner Agreement.

3. The Affiliate Partner is obliged to only use links, banner codes and advertising material made available by bet-at-home.com under ‘Income Access’ on the affiliate platform. These may only be used on websites or other media listed in the affiliate programme. The Affiliate Partner is solely responsible for the correct technical use of the links and banner codes. The Affiliate Partner may only use material associated with bet-at-home.com that they have created themselves or adapted or combined with the prior, express written consent of bet-at-home.com. This also applies to other types of advertising used by the Affiliate, such as using e-mails or text messages for marketing purposes. bet-at-home.com accepts no responsibility for advertising material that was changed by the Affiliate Partner without authorization or prior consent from bet-at-home.com. The Affiliate Partner is responsible for any copyright infringement, damages or liability claims from third parties caused by the use of unauthorised materials, and indemnifies and holds bet-at-home.com harmless. The Affiliate Partner undertakes to compensate bet-at-home.com for any disadvantages which bet-at-home.com suffers due to misconduct on the part of the Affiliate Partner. This includes, among other disadvantages, claims made by the authorities, such as e.g. penalties or voluntary compensatory payments due to threatened licensing procedures.

4. The Affiliate Partner may not place marketing material on websites or other media whose content infringes the intellectual property of third parties or facilitate such an infringement. bet-at-home.com reserves the right to deactivate the entire tracker and to terminate the Affiliate Partner Agreement immediately and without prior agreement. Moreover, in the event that a third party whose intellectual property rights have been infringed upon makes a claim, the Affiliate Partner undertakes to make complete reparations to bet-at-home.com or the third party whose rights have been infringed upon.

5. The Affiliate Partner takes full responsibility for the development, operation and maintenance of their Website and all materials that appear on the Website. In particular, the Affiliate Partner ensures that the content on their Website does not contain any display of violence, sexual, discriminatory or other illegal statements or content.

6. The Affiliate Partner will not present their Website in such a way that might evoke any risk of confusion with the bet-at-home.com website, or convey the impression that the Affiliate Partner partly or fully originates from bet-at-home.com.

7. The Affiliate Partner may not use the name of bet-at-home.com or other company terms or trademarks, other than those implemented via the installation of advertising material on their Website. The Affiliate Partner must, in particular, abstain from using the bet-at-home.com logo or those which are confusingly similar to that of bet-at-home.com.

8. The Affiliate Partner must pay attention to the trademarks and name rights of bet-at-home.com when carrying out a search engine campaign that aims to improve its search engine ranking. The Affiliate Partner also agrees not to use search terms (keywords) or mistyped domains that are similar to bet-at-home.com or other related trademarks that are the property of bet-at-home.com. Furthermore, the Affiliate Partner acknowledges that cookie spreading is strictly prohibited.

9. The Affiliate Partner will hereby abide by the rules and principles of the European Gaming and Betting Association (EGBA). The EGBA code of conduct can be viewed at http://www.egba.eu/responsability/egba-standards/.

10. bet-at-home.com reserves the right to withhold all commission payments which the Affiliate Partner would otherwise have been entitled to if bet-at-home.com determines at its sole direction that
  • the Affiliate Partner sends spam e-mails or the service of bet-at-home.com is applied in any other unauthorised form,
  • the Affiliate Partner abuses the Affiliate Partner Agreement for personal gain or the gain of third parties by registering as a player and/or by making deposits to a betting account via their own tracking links for the purposes of fraud. Furthermore, the direct recruitment of individuals known personally to the Affiliate Partner (especially family members, relatives, and friends) is only permitted with the prior, express permission of bet-at-home.com, or
  • the Affiliate Partner communicates the minimum criteria for the triggering of a CPA (incentivised traffic) without the prior, express permission of bet-at-home.com.
11. The Affiliate Partner ensures that they will use permissible promotional materials in all markets only according to the relevant laws. Any fines or penalties for breaching this rule are the responsibility of the Affiliate Partner.

12. "Pop-up banners" or "Pop-under banners" (which automatically open a browser window when a site is opened or when a link is clicked) may only be used by an Affiliate Partner with the express written consent of bet-at-home.com. bet-at-home.com reserves the right to limit, withhold the commission of, or completely end advertising campaigns at any time when advertising as described above has been used.

13. Affiliate Partners of bet-at-home.com are obliged to regularly check their partner account to keep up to date with important updates, changes and promotions.

14. For any advertising activities directed to residents in the United Kingdom, the Affiliate Partner shall comply with the advertising codes of practice which apply to the form and media in which they advertise the gambling services. This especially refers to the Advertising Codes issued by the British advertising authority ASA (Advertising Standards Authority – https://www.asa.org.uk/). In the event that the Affiliate Partner violates this contractual clause, an adequate contractual penalty is due and bet-at-home.com has the extraordinary right to terminate the contract. The Affiliate Partner warrants to provide such information to bet-at-home.com as bet-at-home.com may reasonably require in order to enable the company to comply with information reporting and other obligations to the United Kingdom Gambling Commission.

15. The Affiliate Partner is responsible for ensuring the secrecy of their access data and for preventing unauthorised third parties from using the account.

5. Affiliate Partner Rights

1. bet-at-home.com will provide the Affiliate Partner with all necessary information and marketing materials for the proper implementation of the tracking link(s).

2. bet-at-home.com will administrate the turnover generated via the links, record the gross profits and the total amount of commission earned via the link, provide the Affiliate Partner with commission statistics, and handle all customer service related to the business.

3. bet-at-home.com's tracking reports are decisive should there be any discrepancies.

6. Commission Plan

1. bet-at-home.com agrees to pay the Affiliate Partner commission calculated using the new revenue generated by new customers recruited via the Affiliate Partner’s Website and/or respective sub-affiliate websites. The net revenue will be calculated using the following formula:

Gross revenue – Chargeback – Bonus – Taxes – Betting fees = NET REVENUE

The commission will be the sum of a percentage of the net revenue accrued from the users directly attracted by the Affiliate Partner (level 1) and a percentage of the net revenue accrued from users recruited from the sub-affiliate websites.

New customers are bet-at-home.com customers who did not already have a betting account and accessed bet-at-home.com via the Affiliate Partner's website and registered and deposited real money to their betting account.

Commission plan:

The commission will be a share of the sum of the net revenue. The commission for each level is defined as follows:
  • Level 1: 30% of net revenue
  • Level 2: 10% of partner commission
  • Level 3: 5% of partner commission
Explanation of the levels:
  • Level 1: Customers directly registered through the Affiliate Partner.
  • Level 2: Customers registered through an Affiliate Partner who is already operative.
  • Level 3: Customers registered through an Affiliate Partner who is both already operative and was acquired through another Affiliate Partner who was already operative.
2. The commission is calculated at the end of each month and payments will be carried out by the 20th of each calendar month, provided that the amount due exceeds 50 EUR ('minimum threshold') and is requested in the affiliate programme. If the balance due is less than the minimum threshold, it will be carried over to the following month and paid out when the amount exceeds the minimum threshold.

3. A negative account balance at the end of the month is carried over to the following month.

4. The payment of commission is based on the method of payment chosen by the Affiliate Partner in the withdrawal request. Commission cannot be paid to AAMS certified betting accounts registered in Italy. In this case the only possible payment method is bank transfer. If an error is made in calculating the commission, bet-at-home.com reserves the right to correct such calculations at any time and will immediately pay out in the case of underpayment or reclaim funds in the case of overpayment to the Affiliate Partner.

5. Acceptance of payment by the Affiliate Partner shall signify the full and final settlement of the balance due for the period indicated.

6. If the Affiliate Partner disagrees with the sum due, they should send an e-mail to the company (affiliate.en@bet-at-home.com) within thirty (30) days indicating the reasons for the dispute. Failure to send an e-mail within the prescribed time limit will be considered an irrevocable acknowledgement of the balance due for the period indicated.

7. bet-at-home.com has the right to delay a payment of any balance to the Affiliate Partner for up to one hundred and eighty (180) days. This time period is used to investigate and verify the compliance of relevant transactions with the provisions of these terms and conditions.

8. No payment shall be due if the traffic has been illegally generated or contravenes any provision of these terms and conditions.

9. The Affiliate Partner agrees to return all commission received based on fraudulent or falsified transactions as well as all additional costs for legal causes or actions that may be related to the case.

10. bet-at-home.com reserves the right to set limits on the activity of Affiliate Partner accounts. Minimum activity levels will be continuously reviewed and the company moreover reserves the right to restrict any agreement not reaching the minimum level. This limit shall not be unreasonably high and is essentially an expression of intent to avoid accounts, the income of which does not cover the internal invoice and payment costs.

11. Sub-Partners: The Affiliate Partner may refer others (sub-partners) to bet-at-home.com, who may also apply to join the partner programme. The Affiliate Partner will be paid in relation to the activities of such sub-partners in accordance with the commission plan. The valid version of these terms and conditions is the latest version published at www.bet-at-home.com which will be used for any future calculations. The Affiliate Partner will only be paid for their acquired sub-partners who meet all of the applicable terms of this contract. Any person registered as an Affiliate Partner cannot subsequently be reclassified as a sub-partner. The Affiliate Partner shall not:
  • register themselves or any person controlled by them as their own sub-partner,
  • use fictitious or alias names for the registration of sub-partners,
  • offer any type of enticement of money or of other monetary value to potential sub-partners unless such enticements are approved in writing by bet-at-home.com, or
  • attempt to supplement or modify the existing terms and conditions of bet-at-home.com in relation to any potential sub-partner.
Any violation will result in the immediate closure of the Affiliate Partner’s account.

12. The Affiliate Partner may apply for a restructuring of their commission plan. Approval or rejection of this application will be decided at the sole discretion of bet-at-home.com. Examples of alternative revenue sources should include a cost per acquisition (CPA) module. If the Affiliate Partner, on the basis of the company's offer, decides on a different commission plan structure (other than that of the corresponding standard commission structure stated in this contract), the Affiliate Partner automatically accepts that the new proposal of their commission structure replaces the existing structure in its entirety. Notwithstanding the aforementioned, all of the Affiliate Partner's obligations assumed under this present Agreement will continue to apply to the Affiliate Partner in accordance with the terms and conditions of this contract.

13. The Affiliate Partner is exclusively responsible for the payment of any taxes, duties, charges or any other fees payable to both local and foreign (if applicable) tax authorities, departments or other relevant bodies which may arise as a results of the revenue generated by this Affiliate Partner Agreement. bet-at-home.com shall not be held responsible by the Affiliate Partner in any way for any unpaid, but declared, amounts that may arise from the affiliate programme.

14. The Affiliate Partner agrees to request a payout of the earned commission within 12 months. If the last payout request was longer than 12 months ago then bet-at-home.com reserves the right to withhold part of the credit.

7. Termination

1. This Affiliate Partner Agreement may be terminated by either party without stating reasons as to why in accordance with the period of notice and by written notification, such as by e-mail, to the other party.

2. In this case, the Affiliate Partner must remove all links and banner codes implemented from bet-at-home.com, regardless of whether the communication is commercial or otherwise. The Affiliate Partner has neither a right of retention, nor a right of appeal.

3. As of the effective date of the termination of the Agreement, the Affiliate Partner agrees not to use any banners, logos or other names of bet-at-home.com.

4. If, in the event of termination, the balance is less than the minimum amount as stipulated by Point 6 Item 2 of this Affiliate Partner Agreement, bet-at-home.com reserves the right to withhold such funds as a handling fee.

5. bet-at-home.com reserves the right to terminate the Affiliate Partner Agreement as stipulated by Point 7 Item 1 of this Affiliate Partner Agreement or to reduce commission if the Affiliate Partner, for whatever reason, does not generate any or generates significantly fewer new customers than in a comparable period in the past. bet-at-home.com will evaluate the results regularly and inform the Affiliate Partner if they no longer meet the necessary criteria.

6. After the termination of the Affiliate Partner Agreement, the Affiliate Partner will no longer be entitled to any further remuneration. bet-at-home.com may however retain the Affiliate Partner's final payment for a reasonable time to ensure that the correct amount is paid.

7. If this Agreement is terminated by bet-at-home.com due to the Affiliate Partner's violation of the contract, bet-at-home.com is entitled to withhold the Affiliate Partner's earned as yet unpaid commission as of the termination date as collateral for any claim arising from such a violation.

8. After the effective date of the termination of the Agreement, the Affiliate Partner is automatically released from all obligations and liabilities with bet-at-home.com. The termination will not release the Affiliate Partner from any liability of damages arising from any breach of this Affiliate Partner Agreement which may have occurred prior to termination.

8. Warranty and Liability

1. The Affiliate Partner acknowledges and expressly agrees that use of the internet is at their own risk and that the partner programme is available without any guarantees and conditions. bet-at-home.com does not guarantee access to its website at any particular time or location.

2.bet-at-home.com is in no event liable to the Affiliate Partner or anyone else for any inaccuracies, mistakes or omissions, loss, injuries or damages caused soley or partly by failures, delays or interruptions caused by bet-at-home.com’s website or the partner programme.

3. Furthermore, the liability of the legal transaction representatives, the performance and procurement agents from bet-at-home.com is limited to intent and gross negligence. The liability of bet-at-home.com – for whatever reason – is limited by the commissioned amount paid to the contractor within the last three months.

9. Governing Law & Jurisdiction

1. This Affiliate Partner Agreement is governed by the laws of Malta and any disputes arising from this Affiliate Partner Agreement are under the jurisdiction of the Maltese courts.

10. Miscellaneous

1. bet-at-home.com reserves the right to transfer this Affiliate Partner Agreement to a third party without the prior consent of the Affiliate Partner.

2. If any provision of this Agreement is held to be invalid then the original provision will be replaced by one that is closest to the purpose of the Affiliate Partner Agreement.

3. Information which is sent to the Affiliate Partner via e-mail, telephone, Skype or any other means is only intended for the Affiliate Partner and must not be passed on. If confidential information or conversations are illegally revealed then bet-at-home.com will deal with this accordingly. If information is unintentionally sent to the wrong recipient then the partner is obliged to request that they delete all messages and inform bet-at-home.com.

4. In the case of a discrepancy between the German version and other translated versions of this Affiliate Partner Agreement, the German version will be considered binding.

Last change on: 19.09.2016 07:30
Version: 2.3

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