Definitions:
- "Affiliate Account" means the Technical Platform account set up by the Company based on the information provided by the Partner in the application form.
- "Affiliate Account Manager" means any employee of the Company authorised to manage the business relationship between the Company and the Partner.
- "Bonuses" means any so-called "free money", "free bets", "free spins", "money back", vouchers, rebates, discounts and/or similar that the New Customer can utilise as payment for stakes (bets).
- "Brand" means any relevant brand operated by Anatolia Ltd B.V.
- "Commission" means the compensation due to the Partner based on the agreed percentage of Net Revenue ("Revenue Share"), Cost Per Acquisition, or other Reward Plan.
- "Company" means Anatolia Ltd B.V.
- "Confidential Information" means any information of a commercial value, considered essential for both Parties, such as, but not limited to technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Customer lists, prospect and New Customer data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
- "Content" means material provided by the Company for the purposes of this Agreement, including, without limitation, text links (including Sub-Affiliate links), banners and other general advertising material.
- "Database" means any information stored about Partners and New Customers, containing any Company proprietary New Customer data for the purposes of this Agreement, including without limitation to Personal Data and contact information, and excluding all other Company databases, as it stands as of the date of this Agreement, and as it stands until the date of termination of this Agreement. Databases are assets of a financial value belonging to the Company and represent a substantial investment made by the Company.
- "Goodwill" means the benefit of a business having a good reputation under its name and regular patronage.
- "Gross Revenue" means the value of the revenues generated by all customers referred by the Partner across all products, after the deductions of costs including but not limited to taxes, betting duties, third party commissions/fees for providing games and game software etc. Revenues generated would be equal to all (settled) bets less wins and in poker would be equal to the rake contributed through each qualified pot in cash ring games and/or the fees charged to customers to compete in poker tournaments. For the avoidance of doubt, any bet that is not accepted for a legitimate reason, at the sole discretion of the Company, shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue.
- "Intellectual Property Rights" or "IPR" means any rights in computer software (including source codes), databases, know-how, design, copyright, trademarks, logos, service marks, domain names, brands, business names and/or all other rights of whatever nature whether registered or unregistered subsisting anywhere in the world, whether now known or created in the future.
- "Net Revenue" means the monthly Gross Revenue after the deduction of costs including but not limited to financial transaction fees, bonuses, loyalty rewards and charge backs.
- "New Customer" means any person that registers with the Brand after clicking on the Content, excluding any person that already exists in the Company"s Brand customer Database or that has previously closed a customer account and opened a new one through the Partner. A customer will be linked to the last Partner who referred the customer to the Company based on the affiliate tracking cookie.
- "New Depositing Customer" means a New Customer who has made a first minimum deposit with the Company which is used for bona fide transactions with the aim to establish and enter into a normal commercial relationship with the Company within the framework of the business. The customer registration and the first deposit do not have to be simultaneous.
- "Parties" means the Company and the Partner (each a "Party").
- "Personal Data" means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Customers and/or Partners.
- "Products" means the betting and gaming products offered by the Company. This includes but is not limited to online sports betting, poker, casino and bingo.
- "Reward Plan" means any financial model agreed between the Parties to compensate the Partner for its marketing activities.
- "Sub-Affiliate" means any natural and legal person who, after having entered into collaboration with the Partner, makes space on its website or other media platform available to post Content for the acquisition of New Customers.
- "Term" means the period from the date the Partner accepts the terms of this Agreement until termination of this Agreement as specified under article 13.
- "Working Day" means every day from Monday to Friday inclusive, excluding public holidays and weekends.
1. THE GOAL OF THE PARTNERSHIP
The goal of the agreement is the promotion of the Brand by the Partner.
The amount of the commission paid to the Partner is specified in the agreement.
The Partner has one or several electronic resources in his disposition.
2. THE PROCESS OF THE CONCLUSION OF THE AGREEMENT
The Partner reads the terms and conditions and applies for the affiliate program.
The Affiliate Program assesses the application and after notifies the applicant about its decision.
The answer of the affiliate program is done in the written form of an e-mail letter sent to the e-mail address of the potential partner.
The Affiliate Program reserves the right to reject the application without any explanations.
Only one account can be registered by the Partner and his IP-address, unless otherwise agreed in writing by the Affiliate Program.
Registering more than one account by one Partner is considered as a fraudulent activity and entails an end to the cooperation.
3. CONDITIONS
Only persons over 18 years can apply for the affiliate program.
Partners need to possess the necessary documents, permissions and licenses that provide them with legitimate promotion of the sites and company"s advertising
Persons who enter into agreements with the company, must be competent and authorised representatives of the partner organisations.
Partners need to examine and accept the conditions of the agreement.
3. RESPONSIBILITIES OF THE COMPANY
To provide the partners with all the information and marketing data needed for advertising.
To control the trafficking, keep a record of the net profit, as well as of the total amount of commissions for which data should be made available to the counterparty
To pay the amount of commissions to the Partner, based on the traffic and size of all revenues from gamblers attracted by them.
5. DIRECT RESPONSIBILITIES OF THE PARTNER
To make all the effort and use all the possibilities for advertising, marketing and promotion of the company.
To direct the potential users to Betivo Affiliates to attract new customers.
The member of the company is responsible for marketing activities, including the content and appearance.
The companion is obliged to follow the law and respect the legality of actions.
The conducting of the marketing activities is done by using the link(s) provided by the company.
Using of any data, not provided by the company, for marketing, should be carried out after receiving a written permission from the company.
The partner has to provide us with the reliable information about the personality of the partner, including contact details, payment history, address.
To compensate damages and costs that were the result of violations of the rules and conditions committed by the Partner.
6. PARTNERS ARE NOT ALLOWED
To carry out illegal actions in the development of Web sites, fill them with sexual, pornographic and obscene materials.
To attract people under 18 years old to the sites.
To sign up as a player or make deposits directly or indirectly to any account by using own tracking links for personal use and/or use of his relatives, friends, employees or third parties, or in any other way attempt to artificially increase the commission payments or defraud the Company.
The use of any kind of fraud in Betivo Affiliates to increase your own profit (the game under your affiliate link; the use of dedicated advertising resources to the detriment of Betivo Affiliates).
The violation of this agreement will be considered a fraud.
To send spam or post fake meta tags in the portal.
To use the promotional material without the consent of the management.
To offer refunds and promotions.
Partners are strictly not allowed to open personal accounts in the Casino. If such a fact is detected, the administration will immediately block personal accounts of the Partner and of the gamblers he brought to the program and the money from all those accounts will be written off in favour of the Casino. Family members of the Partner and people who are close to him are also under the effect of this rule.
7. PAYMENT
The amount of attracted clients affects the Partner's earnings. Customers who have registered on the portal by clicking the link and became players of one of the project participants are new clients for the company.
The amount of total income affects the size of earnings, which is net income without refunds or winnings, promotions or special offers. If a referred client has opened betting account within 30 days from the date of registration, the income will be counted in the total sum
Payments to the Partner are made until the 15th day of every month. The payment is done if the minimum goal (100 Euros) has been reached. If the 15th day of the month is not a working day - the payment can be postponed to the next labour day.
If there are less than 100 Euros on the account of the Partner, the payment is postponed to the next month and will be credited to partner account when the minimum goal is reached.
The partner can choose the payment method and currency himself, during authorization.
If the Partner finds errors in the calculation, he has the right to request a recalculation. In the case of wrong calculation, the funds will be deposited together with the commission funds in the following month.
If the Partner has questions about the amount of payments, he can contact us by sending an email to support@BetivoAffiliates.com, specifying the cause of the problem. The email/letter should be sent after the accrual of commission funds, no later than 30 calendar days.
If the Company has to verify the conformity of all the operations, the Company has a legitimate right to delay payments up to 180 days.
Money that were received by using the fraudulent actions must be returned to the company.
To get a payment for a specified period, the partner is obliged to bring a minimum of 5 active accounts for the last three months, unless otherwise agreed between the Partner and the Affiliate Program, in writing.
Negative earnings are carried forward to the next month, unless the Partner and the Affiliate Program have agreed for a negative carry over, which will be reflected in the Partners monthly commission plan. Should the Partner close the month with a positive balance, payment will be issued if it meets the minimum requirements and commissions will be paid on the positive balance.
Charge-back: A credit card holder discovers irregular transactions made on his/her Credit/Debit Card, which was not authorized by him/her. The credit card holder then requests his/her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder"s card or card
Should your referred player process a charge back, the disputed or charged-back revenue generated by your referred player will be forfeited and will not be included for purposes of computing the commission due to you for the current month.
The Company reserves the right to reduce the Partner"s Commission/change the Reward Plan if: the Partner substantially reduces its efforts to promote the Company, except in markets where affiliate activity is restricted and/or the existing Reward Plan results in a financial loss to the Company, and/or the Partner does not generate a minimum of 5 New Depositing Customers in a period of 3 months, except in markets where affiliate activity is restricted and/or in the event of legal/regulatory changes to a market. Any such changes will be communicated beforehand by email to the email address in the Partners" account within the Technical Platform.
In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold CPA payments for customer accounts that are identified as bonus abuse, suspended, closed for fraud, self-exclusion or for any other reasonable reason.
The Partner is responsible for ensuring the accuracy of the payment details in its account and/or as specified on its invoices.
If for any reason the Partner has been overpaid, the Company reserves the right to request that the Partner refunds the difference, or deduct the corresponding amount of overpayment to the Partner from the following month"s Commission, and each month thereafter, until the debt is repaid in full.
If for any reason the Partner has been underpaid, the Company reserves the right to add the corresponding amount of underpayment to the Partner"s Commission in the following calendar month.
If there is a pending payment due to a Partner for a period of one (1) year or more as a result of incorrect payment details, missing payment details, invalid or no-longer valid payment details and the Partner has not responded to all reasonable contact attempts made by the Company, the payment will be cancelled.
The Partner must comply with the legal and regulatory requirements in its country of domicile; if it does not, it will not be entitled to receive any Commission based on the activities of its customers.
8. REASONS FOR TERMINATION OF THE PARTNERSHIP
The notification of termination of cooperation is sent on e-mail.
Upon termination of the contract with Betivo Affiliates, the Partner binds himself to remove all the related contacts and links.
The agreements shall be cancelled upon termination automatically.
If the contract is terminated by the company's decision and / or due to violations of the agreement by the Partner, the Affiliate Program has the right to hold funds.
The affiliate program reserves the right to block the account of the partner because of the public slander, criticism, insults and threats towards the technical support or the administration of the affiliate program and/or the projects of the affiliate program.
If your account remains "inactive" for a continuous period of 6 months then your account shall be deemed to be "dormant" and, if the balance on your account is zero, your account will be closed, and no fee shall apply.
Define: Inactive Accounts. Betivo Affiliates reserves the right, in its sole and absolute discretion, to terminate Your Betivo Affiliates Account if it is left inactive for more than six (6) months and to remove the access from the Site. An "inactive" account is one for which both of the following are true for at least six (6) months: (i) no one has logged into the affiliate account, and (ii) no one has used the account for any transactions with users.
The Betivo Affiliates Affiliate Program has the right to refuse to work with any partner without explanations.
9.GUARANTEES
The Affiliate program does not guarantee the continuous work of the portal, its availability at any time or in any place, because the Partner uses his own resources to access the Internet.
The affiliate program is not liable for damages resulting from interruptions, failures or delays in the site's work.
The affiliate program does not guarantee the absence of errors or inaccuracies in the work and is not responsible for any possible damages.
10. COMPENSATION
Partners have the right to protect the interests of the company by their own savings at their own discretion.
11. LEGITIMACY OF FUNCTIONING
The agreement is regulated by Anatolian Ltd B.V. by the Cura"ao Licensing N.V. and the company incorporated under the laws of Cura"ao.
Any claims are considered in the main office of the company under the local jurisdiction
It is forbidden to pass an agreement in the hands of the authorities, without prior informing the company and receiving written permission.
13.SEVERABILITY OF THE AGREEMENT
All terms and conditions of this Agreement shall be construed under the applicable law to be effective and valid. If any provision of this Agreement is deemed invalid, illegal or unenforceable in any respect, such provision will be deemed invalid only in the framework of its insolvency, without invalidating the remaining provisions of this Agreement.
14. CONFIDENTIALITY
The information provided by partners, including customer lists, finances and other information is confidential, must not subject for personal use, commercial use or distribution both in writing and orally, for the duration of the agreement, and after its completion.
15. LANGUAGE
This Agreement is drafted in the English language. If this Agreement is translated into another language, the English language text shall in all events prevail.
16. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Curacao
Each party irrevocably agrees that the courts of Curacao shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
17. DATA PROTECTION
The Partner will duly observe all its obligations under the EU General Data Protection Regulation (GDPR) and any amendments? 1998 and any amendments thereto which arise in connection with this Agreement.
The Partner shall ensure that it has adequate technical (and organisational) security procedures in place to prevent the unauthorised or unlawful disclosure of personal data.