Bet3000.com Affiliate Program operated by IBA Entertainment Ltd. (hereinafter "IBA Entertainment")
(Terms and Conditions)
By completing the affiliate application to Bet3000.com Affiliate Program (the
"Affiliate Program") and clicking "Submit" on the form, you
(hereinafter the "Affiliate") hereby agree to abide by all the terms
and conditions set out in this agreement and this inclusive of the different
commission structures applicable to the different products. All commission
structures contained in Article 18 of this agreement shall be deemed to form an
integral part thereof.
IBA Entertainment?reserves the right to amend, alter, delete or add to any of the provisions of
this Agreement, at any time and at its sole discretion, without giving any
advance notice to the Affiliate subject to the terms and conditions set out in
this Agreement. Your continued (i) participation in the Program, (ii) use of
the Bet3000.com affiliate website and/or Bet3000 marketing tools (as hereafter
defined), or (iii) acceptance of any Affiliate commissions from?IBA Entertainment?confirms your irrevocable
acceptance of this Agreement (and any modifications thereto) and therefore you
shall be obliged to continuously comply with the terms and conditions of this
Agreement as well as to comply with the Privacy Policy
of the website partners.bet3000partners.com,
hereafter bet3000partners, as well as any other rules and/or guidelines made
known to you from time to time from bet3000partners and?IBA Entertainment.
An Agreement entered into between?IBA Entertainment,
a company registered in Malta, company registration number?C47819, at?Cornerstone Business Centre, Level1, Suite B,?16th September Square,?MST 1180 Mosta, MALTA,hereinafter referred to as "the Company" or "IBA Entertainment" and the Affiliate
hereinafter referred to as "the Affiliate".
This Agreement shall enter into effect on the date the online Affiliate
Registration Form is approved by the Company.
ARTICLE 1 - Purpose
1.1 The Company owns and operates Bet3000, an online betting company
incorporated in Malta and licensed by the Maltese Lotteries and Gaming
Authority, and inter alia assumes responsibility for the advertising, marketing
and promotional aspects of the online betting business carried out under the
Bet3000.com brand. As part of this function the Company is operating the
Bet3000.com Affiliate Program through the website www.bet3000.com.
1.2 The Affiliate maintains and operates one or more websites on the Internet
(hereinafter collectively referred to as "the Website"), and/or
refers potential customers through other channels.
1.3 This Agreement governs the terms and conditions relating to the promotion
by the Affiliate of the website www.bet3000.com, hereinafter referred to as "Bet3000.com.",
whereby the Affiliate will be paid a commission as defined under this Agreement
depending on the traffic generated to Bet3000.com subject to the terms and
conditions of this Agreement and to the applicable product-specific Commission
Structure.
1.4 Gross Revenue for any particular period of time shall mean the real money
revenue generated by new referred customers as a result of them using the
Service on Bet3000.com. "Net Revenue" for any particular period of
time shall mean Gross Revenue for the same period of time less bonus costs,
charge backs, and processing fees.
ARTICLE 2 - Acceptance of Affiliate
2.1 The Company shall evaluate the Affiliate Membership Form hereby submitted
and shall inform the Applicant in writing (email) whether the Membership Form
is accepted or not. The Company reserves the right to refuse any registration
in its sole and absolute discretion.
ARTICLE 3 - Qualifying Conditions
3.1 The Applicant/Affiliate hereby warrants that: a) He/She is of the legal age in the applicable jurisdiction
to agree to and enter into an Agreement. b) He/She is competent and duly authorised to enter into
binding Agreements for the Affiliate and/or the Website. c) He/She is the proprietor of all rights, licenses and
permits to market, promote and advertise Bet3000.com in accordance with the
provision of this Agreement. d) He/She shall comply with all applicable rules, laws and
regulations in connection with the promotion of Bet3000.com. e) He/She fully understands and accepts the terms and
conditions of the Agreement.
ARTICLE 4 - Responsibilities and Obligations of the Company
4.1 The Company shall provide the Affiliate with all information, links and
marketing material required by the Affiliate for the implementation of the
agreement.
4.2 The Company shall administrate the turnover generated via the links and
marketing material, record the net revenues and the total amount of commission
earned via the link, provide the Affiliate with commission statistics, and
handle all customer services related to the business. A unique tracking
identification code will be assigned to all referred customers.
4.3 The Company shall pay the Affiliate the amount due depending on the traffic
generated subject to the terms and conditions of this Agreement.
ARTICLE 5 - Responsibilities and Obligations of the Affiliate
5.1 The Affiliate hereby warrants and undertakes:
a) To use its best efforts to actively and effectively advertise, market and
promote Bet3000.com as widely as possible in order to maximize the benefit to
the Parties and that it will abide with the guidelines of the Company as may be
forwarded from time to time and/or accessible online.
b) To market and refer potential players to Bet3000.com at its own cost and
expense. The Affiliate will be solely responsible for the distribution, content
and manners of its marketing activities. All of the Affiliate's marketing
activities must be professional, proper and lawful under applicable laws and
negotiations and in accordance with this Agreement.
c) To use only links and marketing material provided by the Company via its
affiliate software, otherwise no warranty whatsoever can be assumed for proper
registration and sales accounting. d) Not to change or modify in any way any link or marketing
material without prior written authorisation from the Company.
e) To be responsible for the development, the operation, and the maintenance of
its website as well as for all material appearing on the website.
5.2 The Affiliate hereby warrants:
a) That it will not distribute or sell libellous, discriminatory, obscene,
unlawful or otherwise unsuitable or sexually explicit, pornographic, obscene or
graphically violent materials.
b) That it will not actively target any person who is under the legal age for
gambling.
c) That it will not actively target any jurisdiction where gambling and the
promotion thereof are illegal.
d) That it will not generate traffic to Bet3000.com by illegal or fraudulent
activity, particularly but not limited to by:
i. Sending spam.
ii. Incorrect metatags.
iii. Registering as a player or make deposits directly or indirectly to any player
account through his tracker(s) for its own personal use and/or the use of its
relatives, friends, employees or other third parties, or in any other way
attempt to artificially increase the commission payable or to otherwise defraud
the Company. Violation of this provision shall be deemed to be fraud.
ix. Encouraging the abuse of any bonus, free bet or promotion offered by
Bet3000.com.
e) That it will not present the Website in such a way that it might evoke any
risk of confusion with Bet3000.com and/or the Company and/or convey the
impression that the web site of the contracting party partly or fully
originated with Bet3000.com and/or the Company. f) When employing a Pay Per Click strategy with Google
AdWords, DoubleClick or the other similar programs, the Affiliate shall adhere
to the following obligations:? i. It shall NOT bid on the terms: Bet3000; Bet3000.com; www.bet3000.com?and
all misspellings and variations of any of the above. ii. It MAY bid on the term "Bet 3000" (space).?
iii. If bidding on ''Bet 3000'' and linking to the site it must NOT use keyword
insertion for the brand to appear as the adtitle.?
iv. It must NOT display the brand name Bet3000 in its display URL.??
v. It must NOT use the URL bet3000.com in its display URL.?
vi. It must NOT use the creative messaging from Bet3000's own pay per click
activity.?
vii. It must NOT claim to be the official Bet3000 site.?
viii. It MAY use ''Bet3000'' within its ad copy but NOT within its ad
title.?
ix. If wishing to bid on generic terms it must NOT directly link to the site
and must have its own landing page or website.?
x. It MAY include ''Bet3000'' in the sub domain of the display URL's within
Search Engine Adverts e.g.?www.affiliatesite.bet3000.com?
xi. It MAY include ''Bet3000'' in the sub folders of the display URL's in its
Search Engine Adverts e.g.?www.affiliatesite.com/bet3000.
g) Without prejudice to the Marketing Material as may be forwarded by the
Company and/or made available online through the websitepartners.bet3000partners.com, the Affiliate may not use Bet3000.com or other terms,
trademarks and other intellectual property rights that are vested in the
Company unless the Company consents to such use in writing. 5.3 The Affiliate is forbidden from promoting, online or
offline, any of the products from Bet3000 in the United States of America
(USA), USA Territories, France and all the French Overseas Departments and
Territories, United Kingdom, Belgium, Spain, Portugal and Greece. The
Affiliate shall be held responsible and shall indemnify Bet3000 and?IBA Entertainment?for any claims, liabilities, fines, penalties and/or damages
incurred by Bet3000 and/or?IBA Entertainment?as a result of the Affiliate's infringement of this clause. 5.4 Account Ownership
The Bet3000 Affiliate Program reserves the right to terminate this Agreement
immediately if at any time the Affiliate ceases to operate the Affiliate
Website. If the Affiliate wishes to transfer ownership of the Affiliate
Website, The Bet3000 Affiliate Program must be made aware of the intent to transfer
ownership in advance, in order to determine if the partnership will be
continued. 5.5 Affiliates are not permitted to copy any other
affiliate's website. Moreover, an affiliate is forbidden from using a
cookie dropping. An affiliate may not place a cookie on a player's browser
without that player actively clicking on an operator's banner. Bet3000
reserves the right to suspend and/or terminate an Affiliate's participation in
the Affiliate Program if they are found to have copied another affiliate's website
or stolen players from another affiliate. 5.6 Bet3000 may from time to time during the Term request
amendments to the Links and/or the Affiliate Website for the purpose of
ensuring consistency and quality in the use of Bet3000's trademarks and branding,
and to the extent that such requests are reasonable the Affiliate will make
such amendments within 7 days of the request. If Affiliate does not
update its links and/or respond to Bet3000 communication within twenty-one (21)
days, then Bet3000 reserves the right to change the affiliate's status from active to inactive. If Affiliate then fails to update Links or
respond to Bet3000 communication after an additional thirty (30) days after
obtaining inactive status, Bet3000 reserves the right to terminate affiliate
from its affiliate program.
ARTICLE 6 - Payment
6.1 The Company agrees to pay the Affiliate a commission calculated on the net
revenue generated from new customers referred by the Affiliate Website and/or
other channels. New customers are those customers of the Company who do not yet
have a betting account and who access the website via the link to Bet3000.com
and who properly register and make real money transfers at least equivalent to
the minimum deposit into their Bet3000.com betting account. The Commission
shall be deemed to be inclusive of value added tax or any other tax if
applicable.
6.2 Eligibility for 1st?payment - Affiliates
must have at least 5 active referred players in order to qualify for their
first commission payment. Once the affiliate has qualified for their first
commission payment, no further active player minimums will be required in order
to receive payment. 6.3 The commission shall be a percentage of the net revenue
in accordance with what is set out in the Commission Structures for the
particular product. The Net Revenue calculation is product-specific and it is
set out in every product-specific Commission Structure. 6.4 Affiliate performance will be reviewed every six
months with regards to new depositing players. If affiliate does not refer any
new depositing players over a six month period, Bet3000 will lower affiliate
commission to 10%. If, in the following six months, affiliate does not refer
any new depositing players, Bet3000 shall have the option to terminate this
agreement with immediate effect. 6.5 The commission is calculated at the end of each month and
payments shall be performed by the 10th-15th of each calendar month, provided
that the amount due exceeds the Minimum Threshold according to the selected payment
method. If the balance due is less than the Minimum Threshold, it shall be
carried over to the following month and shall be payable when it collectively
exceeds the Minimum Threshold.
6.6 Payment of commissions shall be made as per the payment method chosen by
the Affiliate in the application process. If an error is made in calculating
the commission, the Company reserves the right to correct such calculation at
any time and will immediately pay out underpayment or reclaim overpayment made
to the Affiliate. 6.7 In order to be eligible to receive commissions or any
other kind of payment, the Affiliate must provide a visual promotional effort
for every given month they are in the program. Incompliance to this requirement
shall be considered a breach of contract which may result in the termination of
partnership between the Affiliate and the Company.
6.8 Acceptance of payment by the Affiliate shall be deemed to be full and final
settlement of the Balance due for the period indicated.
6.9 If the Affiliate disagrees with the balance due as reported, it shall
within a period of thirty (30) days send an email to the Company on?affiliates@bet3000.com?and indicate the reasons of such dispute. Failure to
send an email within the prescribed time limit shall be deemed to be considered
as an irrevocable acknowledgment of the Balance due for the period indicated.
6.10 The Company may delay payment of any Balance to the Affiliate for up to
one hundred and eighty (180) days, while it investigates and verifies that the
relevant transactions comply with the provisions of these terms and conditions.
6.11 No payment shall be due when the traffic generated is illegal or
contravenes any provision of these terms and conditions.
6.12 The Affiliate agrees to return all commissions received based on
fraudulent or falsified transactions, plus all costs for legal causes or
actions that may be brought against the Affiliate to the fullest extent of the
law.
6.13 For the sake of clarity the parties specifically agree that upon
termination of this Agreement by either party, the Affiliate shall no longer be
entitled to receive any payment whatsoever from the Company, provided that
payments already due (earned and unpaid commissions) shall be paid out.
6.14 Further to 6.12, the Affiliate agrees that any affiliate contract agreed
upon by the Affiliate and the Company that expires naturally or is cancelled
shall annul the lifetime value of all customers referred. 6.15 The Affiliate shall be exclusively responsible for the
payment of any and all taxes, levies, fees, charges and any other money payable
or due both locally and abroad (if any) to any tax authority, department or
other competent entity by the Affiliate as a result of the revenue generated
under this Agreement. The Company shall in no manner whatsoever be held liable
for any amounts unpaid but found to be due by the Affiliate and the Affiliate
hereby indemnifies the Company in that regard. ARTICLE 7 - Termination
7.1 This Agreement may be terminated by either party by giving a seven (7) day
written notification to the other party. Written notification may be given by
an email.
7.2 The Contracting Parties hereby agree that on termination of this Agreement
a. The Affiliate must remove all references to bet3000.com from the Affiliate's
websites and/or other marketing channel and communications, irrespective of
whether the communications are commercial or otherwise.
b. All rights and licenses granted to the Affiliate under this Agreement shall
immediately terminate and all rights shall revert to the respective licensors, and
the Affiliate will cease the use of any trademarks, service marks, logos and
other designations vested in the Company
c. The Affiliate will be entitled only to those earned and unpaid commissions
as of the effective date of termination; however provided, the Company may
withhold the Affiliate's final payment for a reasonable time to ensure that the
correct amount is paid. The Affiliate will not be eligible to earn or receive
commissions after this date.
d. If this Agreement is terminated by the Company on the basis of the
Affiliate's breach, the Company shall be entitled to withhold the Affiliate
earned but unpaid commissions as of the termination date as collateral for any
claim arising from such breach. It is further specified that termination by the
Company due to a breach by the Affiliate of any of the clauses in this
Agreement shall not require a notice period and such termination shall have
immediate effect upon simple notification by the Company to the Affiliate.
e. The Affiliate must return to the Company any and all confidential
information (and all copies and derivations thereof) in the Affiliate's
possession, custody and control.
f. The Affiliate will release the Company from all obligations and liabilities
occurring or arising after the date of such termination, except with respect to
those obligations that by their nature are designed to survive termination.
Termination will not relieve the Affiliate from any liability arising from any
breach of this Agreement, which occurred prior to termination and/or to any
liability arising from any breach of confidential information even if the
breach arises at any time following the termination of this Agreement. The
Affiliate's obligation of Confidentiality towards the Company and?IBA Entertainment?shall
survive the termination of this Agreement.
ARTICLE 8 - Warranties
8.1 The Affiliate expressly acknowledges and agrees that the use of the
Internet is at its risk and that this Referral Program is provided "as
is" and "as available" without any warranties or conditions
whatsoever, express or implied. No guarantee is made that it will make access
to its website possible at any particular time or any particular location.
8.2 The Company shall in no event be liable to the Affiliate or anyone else for
any inaccuracy, error or omission in, or loss, injury or damage caused in whole
or in part by failures, delays or interruptions of the www.bet3000.com?website
or the Affiliate Program.
ARTICLE 9 - Indemnification
9.1 The Affiliate agrees to defend, indemnify and hold Bet3000 and?IBA Entertainment?and its affiliates, successors, officers, employees, agents,
directors, shareholders and attorneys, free and harmless from and against any
and all claims and liabilities, including reasonable attorneys' and experts'
fees, related to or arising from: a) Any breach of Affiliate's representations, warranties or
covenants under this Agreement. b) Affiliate's use (or misuse) of the marketing materials. c) All conduct and activities occurring under Affiliate's
user ID and password. d) Any defamatory, libellous or illegal material contained
within Affiliate Site or Affiliate's information and data. e) Any claim or contention that Affiliate Site or Affiliate's
information and data infringes any third party's patent, copyright, trademark,
or other intellectual property rights or violates any third party's rights of
privacy or publicity. f) Third party access or use of Affiliate Site or Affiliate's
information and data. g) Any claim related to Affiliate Site. h) Any violation of this Agreement.
9.2 The Company reserves the right to participate, at its own expense in the
defence of any matter.
ARTICLE 10 - Company Rights
10.1 The Company and/or Bet3000.com may refuse any player or close a player's
account if it is necessary to comply with the Company's and/or Bet3000.com's
Policy and/or protect the interest of the Company and/or Bet3000.com.
10.2 The Company may refuse any applicant Affiliate and/or may close any
Affiliate's account if it is necessary to comply with the Company's Policy
and/or protect the interest of the Company. If the Affiliate is in breach of
this Agreement or of the Company's General Terms and Conditions or other rules,
policies and guidelines of the Company and/or Bet3000.com. The Company may
besides closing the Affiliate's account take any other steps at law to protect
its interest.
ARTICLE 11 - Governing Law & Jurisdictions
11.1 This Agreement shall be governed and construed in accordance with the laws
of Malta and any action or dispute relating to this Agreement must be brought
in Malta and the Affiliate irrevocably consents to the jurisdiction of the
Maltese law courts.
ARTICLE 12 - Force Majeure
12.1 Neither party shall be liable to the other for any delay or failure to
perform its obligations under this Agreement if such delay or failure arises
from a cause beyond the reasonable control of and is not the fault of such
party, including but not limited to labour disputes, strikes, industrial
disturbances, acts of terrorism, floods, lightning, utility or communications
failures, earthquakes or other casualty. If a force majeure event occurs, the
non-performing party is excused from whatever performance is prevented by the
force majeure event to the extent prevented. Provided that, if the force
majeure event subsists for a period exceeding thirty (30) days then either
party may terminate the Agreement without notice.
ARTICLE 13 - Relationship of the Parties
13.1 Nothing contained in this Agreement, nor any action taken by any party to
this Agreement, shall be deemed to constitute either party (or any of such
party's employees, agents, or representatives) an employee, or legal representative
of the other party, nor to create any partnership, joint venture, association,
or syndication among or between the parties, nor to confer on either party any
express or implied right, power or authority to enter into any agreement or
commitment on behalf of (nor to impose any obligation upon) the other party.
ARTICLE 14 - Severability / Waiver
14.1 Whenever possible, each provision of this Agreement shall 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. No waiver will be implied from conduct or failure to enforce any
rights and must be in writing to be effective.
ARTICLE 15 - Confidentiality
15.1 All information, including but not limited to business and financial,
lists of customers and buyers, as well as price and sales information and any
information relating to products, records, operations, business plans,
processes, product information, business know-how or logic, trade secrets,
market opportunities and personal data of the Company and/or Bet3000.com shall be
treated confidentially. Such information must not be used for own commercial or
other purposes or divulged to any person or third party neither direct nor
indirectly unless the prior explicit and written consent of the Company and/or
Bet3000.com has been obtained. This provision shall survive the termination of
this Agreement.
15.2 The Affiliate obliges himself not to use the confidential information for
any purpose other than the performance of its obligations under this Agreement.
ARTICLE 16 - Changes to this Agreement
16.1 The Company reserves the right to amend, alter, delete or add to any of
the provisions of this Agreement, at any time and at its sole discretion,
without giving any advance notice to the Affiliate subject to the terms and conditions
set out in this Agreement. Any such changes will be posted on the Bet3000
Affiliate Platform (https://partners.bet3000partners.com).
16.2 In case of any discrepancy between the meanings of any translated versions
of this Agreement, the meaning of the English language version shall prevail.
ARTICLE 17 - Trademarks
17.1 Nothing contained in this Agreement will grant either party any right,
title or interest in the trademarks, trade names, service marks or other
intellectual property rights [hereinafter referred to simply as 'marks'] of the
other party. At no time during or after the term will either party attempt or
challenge or assist or allow others to challenge or to register or to attempt
to register the marks of the other party or of any company within the group of
companies of the other party. Provided also that neither of the parties will
register nor attempt to register any mark which is basically similar to and/or
confusingly similar to any mark which belongs to the other party or to any
company contained within the other party's group of companies.
ARTICLE 18 - Commissions 18.1 SportsBookGross Revenue (Income from Sport
Betting)?LESS?Bonus Costs?LESS?Charge-backs
and Fraud Costs = Net Revenue Net Revenue Brackets | Referral Commission | 0 - 15.000 | 25% | 15.001 - 30.000 | 30% | 30.001 unlimited | 35%
|
Net Revenue Share on both the standard sports commission structure above as
well as bespoke revenue share campaigns applies for the lifetime of the customer during
the contract period. 18.2 Casino Gross Revenue (Income from Casino)?LESS?Bonus
Costs?LESS?Charge-backs and Fraud Costs = Net Revenue Net Revenue Brackets | Referral Commission | 0 - 15.000 | 25% | 15.001 - 30.000 | 30% | 30.001 unbegrenzt | 35% |
Net Revenue Share on both the standard casino commission
structure above as well as bespoke revenue share campaigns applies for the
lifetime of the customer during the contract period. 18.3 High Roller Policy Definition: High Roller Classification:?A High Roller is defined as a Real Money player who has
won more than: 10,000.00 in a single month on either Sports betting or
Casino. High Roller Negative Carryover:?is defined as the amount of monies the high roller
(defined above) must lose at the property in order for the operator to 'break
even'.Example: A 'high roller' player has won 50,000 in month 1. The
'High Roller Negative Carryover' is also -50,000. Break even occurs when the
player loses?50,000 to compensate for the?50,000 that was originally won. High Roller Break-even:?The
High Roller Net Break-even point is the point at which the High Roller's WINS =
the High Roller's LOSSES.?Example: A 'high roller' player has won?50,000. When this player has won?50,000 and subsequently lost?50,000 (s)he
has met the 'High Roller Break-Even' point. This could take several months and
will be calculated on a cumulative basis for the lifetime of the player
activity on sports and racing wagering on Bet3000.
High Roller Policy Terms
At the discretion of the Bet3000.com Affiliate Program, A 'high roller', as
defined above in High Roller Classification, may or may not be governed by the
Bet3000 High Roller Policy, until such time that the player has reached the
High Roller Break-even. In the event that the Bet3000 Affiliate Program opts to
govern the player by the Bet300 High Roller Policy, the affiliate will be sent
a notification to this effect.
The 'high roller' and the associated negative carryover will only be applied to
the same high roller and not towards any other player in the affiliate's
account (high roller or otherwise).
High Rollers are marked immediately upon reaching the High Roller
Classification threshold and will be adjusted on a daily basis based on the
cumulative revenue for the month running - to ensure that affiliates do not
lose income against revenue generated from non-high roller players in the same
month.
Break even points are monitored daily to ensure that all revenue in the month
is payable in the same month.
Example: If a player breaks even on the 29th and goes on to generate
positive revenue on the 30th / 31st - you will receive the commission
associated for that player'sremaining positive balance - in the same month.
18.4 Negative Commission Balances Definition: Negative commission balances occur when referring players win
or in some cases claim a bonus larger than the amount deposited. There is no carry-over on monthly negative commission
balances for affiliates. If the affiliate should have a negative commission
balance at the end of a given month, no commissions will be paid and the
balance will reset to zero at the start of the following month.??
September 6th, 2019
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