Terms and Conditions
Nordicbet Partner Affiliate Program
For enrolment as an affiliate in the Nordicbet Partner
Affiliate Program (the Program) you will need to register as an
affiliate by completing the online form. By downloading a banner and placing it
on your website/s, you are deemed to have agreed to be bound by all the terms
and conditions set out in this agreement (the Agreement). This agreement
details all the terms and conditions of membership to the Program, designed to
reward website owners (the Affiliate or Affiliates) for directing
new customers to the participating sports betting products, casino and skill
games and poker merchants (the Merchants) through its Affiliate Program
agent Betsson Services Ltd (we or Nordicbet Partners).
1. Responsibilities of the Affiliate
1.1. As Affiliate you are responsible for promoting the Merchant by
implementing the advertising, banners and tracking URL’s on your websites,
e-mails or other communications.
1.2. You will present only approved content and topics on your site. Content
that is deemed unsuitable by Nordicbet Partners will result in the Agreement
being terminated.
2. Affiliation Guidelines
2.1. Only approved and properly tagged creative materials, supplied by us from
time to time, may be used to promote the Merchant. Advertorials and personal
endorsements are allowed but all materials not designed by Nordicbet Partners need
to be approved in writing; such approval shall not be unreasonably withheld by
us.
2.2. You may not modify any banners or other creative material supplied by us
without the written prior consent of Nordicbet Partners .
2.3. By agreeing to participate in the Program, you are agreeing to download
banners, text or promotional material and place it on your site, utilize it
within e-mail, direct marketing using your affiliate URL or print. These
methods are by which you may advertise on the Merchants’ behalf.
2.4. Banners and links may not be placed within unsolicited e-mail,
unauthorized newsgroup postings, or chat rooms or through the use of
"bots". Traffic generated illegally will not be counted towards any
revenue generated.
2.5. We will terminate this Agreement immediately if there is any form of
spamming or if you discredit the Merchants or Nordicbet Partners through false
advertising, written or uttered words.
2.6. You shall not make any claims, representations, or warranties in
connection with us or the Merchants and you shall have no authority to and
shall not bind us or the Merchants to any obligations.
2.7. Without our prior written approval, you will only use our approved banners
and links and will neither alter their appearance nor refer to us in any
promotional materials. The appearance and syntax of the hypertext transfer
links are designed and designated by us and constitute the only authorized and
permitted representation of Merchants’ sites.
2.8. You will not knowingly benefit from known or suspected traffic not
generated in good faith whether or not it actually causes Nordicbet Partners or
the Merchants damage. Should fraudulent activity arise through a person
directed to a site via your link, we retain the right to retract the
commissions paid to you at any time and terminate the affiliate account. Our
decision in this regard will be final and no correspondence will be entered
into. We reserve the right to retain all amounts due to you under this
Agreement if we have reasonable cause to believe that such traffic has been
caused with your knowledge. Even if you have not knowingly generated such
traffic, we reserve the right to withhold referral fees with respect to such.
2.9. Affiliate must not alter form fields or scripts in Nordicbet supplied
marketing materials which are designed to collect contact information from
players, in an attempt to hijack such information for Affiliate or advertiser's
own use.
2.10. Any Affiliate needs to follow the rules for Loyalty Bonus payments
(rakeback) set by the Merchants’ poker provider from time-to-time. Any
Affiliate that breaches this obligation (e.g. gives a higher Loyalty Bonus than
allowed under the respective rules) will have to reimburse Nordicbet Partners the
fine payable to the poker provider whereas Nordicbet Partners may set the fine
off against the Affiliate commission. Nordicbet Partners also reserves the
right to withhold the Affiliate commission while it is determined whether the
Loyalty Bonus rule has been breached or not. This rule applies to any promotion
which directly or indirectly can be seen as an additional Loyalty Bonus payment
as well as any other payment of similar effect outside the control of Merchants
(e.g. Affiliate payments made to customers through e-wallets or to other
e-gaming accounts). In case of any dispute arising out of or in connection with
this rule, you accept that Nordicbet Partners decision is final and binding on
you in the respective matter.
3. Purchase Processing
Only properly tagged customers can be assigned to an Affiliate. Should an
Affiliate tag be improperly inserted into the Affiliate site or not properly
received by Nordicbet server the resulting customer registration and purchases
will not be assigned to the Affiliate. Therefore it is the responsibility of
the Affiliate to ensure that all links are properly tagged.
4. Revenue Sharing & Payment
4.1. Nordicbet will pay out a monthly revenue share on the commissionable
earnings generated by each customer, as defined by the Merchant.
4.2. Net revenue will be defined as gross gaming revenue minus the following:
·
Marketing costs such as deposits, bonuses, free spins, free bets, free money,
game tickets
·
Charge backs (transactions which are reversed by instruction from the
card-holder's bank)
· 15
% administration fee; included within the fee is as follows:
Jurisdictional licensing fees
Gaming platform licensing fees
Affiliate software licensing fees
Charges levied by electronic payment or credit card organizations
Monies paid in the form of gaming duties or taxes
4.3. Should a customer process a charge back, the disputed
or charged-back revenue generated by yourself will be forfeited and therefore
deducted from the total balance due to you for the current month. If this
deduction of the accumulated revenue exceed your current amount due, your
balance will then revert to a negative balance, and you will have to earn
revenue to cover the charge-back before you can start earning revenue again.
4.4. Unlike with a customer making a big winning, which only lasts one month, a
charge back will stay due till the revenue generated by your other customers
has covered the amount due.
4.5. Complimentary money, free money and other incentives refer to those
amounts credited to the account of customers. As they have not purchased these
amounts we cannot pay commissions on these amounts.
5.6. Negative earnings are NOT carried forward and the
Affiliate will begin each month on a zero balance. Should the Affiliate close
the month with a positive balance, commissions will be paid on the positive
balance. Should the Affiliate close the month with a negative balance, this
balance will NOT be carried forward to the next month, unless the negative
balance is a result of a charge-back.
4.7. Commissionable earnings will be earned for the life of the customer, on
all transactions the customer undertakes at the Merchant, for as long as the
Affiliate remains a member of this Program.
4.8. Payments are made to you 7 business days after the close of the preceding
month. Payments are effected by Neteller, Moneybookers or bank wire. It is the
responsibility of the Affiliate to select the method of payment and keep
Nordicbet Partners informed of current payment details.
4.9. We reserve the right to withhold payment from any
Affiliate that violates any of the terms and conditions contained herein.
5. Cost Per Acquisition Terms
If you are enrolled in the Program on a Cost Per Acquisition (CPA) basis, the
following terms apply:
5.1. Nordicbet will pay out an individually agreed upon CPA amount for acquired
customers. The agreed amount will be confirmed in writing.
5.2. Acquired customers are determined as depositing players with the
Merchants.
5.3. Should the player process a charge back, the disputed
or charged-back revenue generated by the Affiliate will be forfeited and therefore
the CPA amount cannot be paid to Affiliate.
5.4. Complimentary money, free money and other incentives
refer to those amounts credited to the account of customers. As they have not
purchased these amounts we cannot consider these amounts as deposits.
5.5. Nordicbet reserves the right to move CPA Affiliates
into our revenue share program by giving the Affiliate a minimum of 30 days
notice. Should the Affiliate not agree with this, the Affiliate may terminate
the Agreement as set out in clause 11 of the Agreement.
6. Policies & Confidentiality
6.1. The Merchants assume ownership of the customer at point of first contact
with the visitor. You, as the Affiliate, act as a referring agent for the
Merchants. We reserve the right to refuse customers (or to close their
accounts) if necessary to comply with any statutory or other requirements
(including but not limited to fraud prevention, anti-money laundering) we may
periodically establish.
6.2. By opening an account with the Merchant, that person or entity will become
our customer and, accordingly abide by all customer, policies, and operating
procedures that will apply to them.
6.3. During the term of this Agreement, you may be entrusted with confidential
information relating but not limited to the business, operations, customer
affairs, products or services or underlying technology of the Merchants and/or
ourselves and/or the Program (including, for example, referral fees earned by
you under the Program)( the Confidential Information). You agree to avoid
disclosure or unauthorized use of the Confidential Information to any third
persons unless you have our prior written consent and that you will use the
Confidential Information only to the extent necessary to perform your
obligations or further the purposes of this Agreement. Your obligations with
respect to Confidential Information shall survive the termination of this
Agreement.
7. Limited License
7.1. We hereby grant to you a non-exclusive, non-transferable license, during
the term of this Agreement, to use our own and/or the Merchants'
intellectual-property marks (licensed, in turn by us, from their owner, as the
case may be) solely in connection with the display of the banners on your site.
7.2. By this Agreement, we grant you the non-exclusive right to direct
customers to the Merchants’ sites and services, in accordance with the terms
and conditions of this Agreement. This Agreement does not grant you an
exclusive right or privilege to assist us in the provision of services arising
from your referrals, and we reserve the right to contract with and obtain the
assistance from other parties at any time to perform services of the same or
similar nature as yours. You shall have no claims to referral fees or other
compensation on business secured by or through persons or entities other than
you.
7.3. This license 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
license to use the banners. 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 or our licensor's rights in the marks, render the same generic,
or otherwise weaken their validity or diminish their associated goodwill.
7.4. We reserve the right to revoke this license at any time and it shall have
been deemed revoked at the termination of this Agreement, for whatsoever
reason.
8. Legal Responsibility
8.1. Ownership and content of our and Merchants’ sites remain our respective
properties and shall not be deemed to have been transferred to the Affiliate
through any act or omission in respect of the Agreement.
8.2. Ownership, content and liability for Affiliate sites are the sole
responsibility of the Affiliate. You will be solely responsible for the
development, operation, and maintenance of your site and for all materials that
appear on your site.
8.3. You will indemnify and hold us harmless from all claims, damages, and
expenses (including, without limitation, attorneys' fees) relating to the
development, operation, maintenance, and contents of your site.
8.4. It is the Affiliate’s responsibility to follow the correct linking and
tagging procedure to ensure new customer tracking and payment.
8.5. Presentation of our banners & content on Affiliate’s site is the
responsibility of Affiliate. The Affiliate must ensure that our content is
presented in accordance with our prescriptions.
8.6. Affiliate must ensure that any material posted on their site is legal and
does not infringe copyright or violate any rights.
8.7. We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or a new
agreement on our site. Modifications may include, for example, changes in the
scope of available referral fees, fee schedules, payment procedures, and
referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE
PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE
WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
9. Spam
9.1. Any form of Spam will result in your account being
placed under review and all funds due being withheld pending an investigation
into your account. You need to be aware that Merchants are liable to incur
expenses in dealing with Spam generated mail and these same expenses will be
deducted from your account should the Merchants seek recourse. In this instance
the amount determined by the relative Merchant will be fair and deemed final
and acceptable based on good faith and such amount will be collectable by law
and deemed to have been accepted by you as fair and reasonable and as agreed to
by registration as an Affiliate of Nordicbet.
9.2. You and we are independent contractors, and nothing in
this Agreement will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between the parties. You will
have no authority to make or accept any offers or representations on our
behalf. You will not make any statement, whether on your site or otherwise,
that reasonably would contradict anything in this paragraph.
10. Miscellaneous
10.1. Governing Law & Jurisdiction
This Agreement is governed by the laws of Malta without
reference to rules governing choice of laws. Any action relating to this
Agreement must be brought in Malta and you irrevocably consent to the
jurisdiction of its courts.
10.2. Assignability and Enurement
You may not assign 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 enforceable against
you and us and our respective successors and assigns.
10.3. Non-Waiver
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. None of our employees, officers or
agents may verbally alter, modify or waive any provision of this Agreement.
10.4. Remedies
Our rights and remedies hereunder shall not be mutually
exclusive, i.e., the exercise of one or more of the provisions of this
Agreement shall not preclude the exercise of any other provision. 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, the respective rights and
obligations of the parties may be enforceable 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, it being the intent of
this provision to make clear that our respective rights and obligations shall
be enforceable in equity as well as at law or otherwise.
10.5. Severability / Waiver
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 or any provision hereof. No waiver will be implied
from conduct or failure to enforce any rights and must be in writing to be
effective.
11. Term & Termination
11.1. The term of this Agreement will begin when you download a Merchant banner
and link it to our site and will be continuous unless and until either party
notifies the other in writing that it wishes to terminate the Agreement, in
which case this Agreement may be terminated immediately. TERMINATION IS AT
WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of
termination, delivery via e-mail is considered a written and immediate form of
notification.
11.2. Upon termination:
a.
You must remove the Merchants’ banner/s from your site and disable any links
from your site to theirs and/or ours.
b. All rights and licenses given to you in this Agreement shall immediately
terminate.
c. You will be entitled only to those unpaid referral fees, if any, earned by
you on or prior to the date of termination. You will not be entitled to
referral fees occurring after the date of termination.
d. If you have failed to fulfill your obligations and responsibilities, we will
not pay you the referral fees otherwise owing to you on termination.
e. We may withhold your final payment for a reasonable time to ensure that the
correct amount is paid or that you remove the Merchant’s banner/s from your
site and disable any links from your site to theirs and/or ours.
f. If we continue to permit activity (generation of revenue) from customers
after termination, this will not constitute a continuation or renewal of this
Agreement or a waiver of termination.
g. 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 any trade
names, trademarks, service marks, logos and other designations of the
merchants.
h. You and we will be released from all obligations and liabilities to each
other occurring or arising after the date of such termination, except with respect
to those obligations that by their nature are designed to survive termination,
as set out in this Agreement. Termination will not relieve you from any
liability arising from any breach of this Agreement, which occurred prior to
termination.
11.3. WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION)
THAT YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that are aimed
at children, promote sexually explicit materials, promote violence, promote
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age, promote illegal activities, or violate intellectual
property rights.
12. Relationship of Parties
12.1. Indemnity
You shall defend, indemnify, and hold the Merchants
and their electronic cash provider, their directors, officers, employees, and
representatives harmless from and against any and all liabilities, losses,
damages, and costs, including reasonable attorney's fees, resulting from,
arising out of, or in any way connected with (a) any breach by you of any
warranty, representation, or agreement contained in this Agreement, (b) the
performance of your duties and obligations under this Agreement, (c) your
negligence or (d) any injury caused directly or indirectly by your negligent or
intentional acts or omissions, or the unauthorized use of our banners and link
or this Program.
12.2. Disclaimers
We make no express or implied warranties or representations
with respect to the Program or referral fee payment arrangements (including,
without limitation, their functionality, warranties of fitness,
merchantability, legality, non-infringement, or any implied warranties arising
out of a course of performance, dealing, or trade usage). In addition, we make
no representation that the operation of our and/or Merchants’ site will be
uninterrupted or error-free and will not be liable for the consequences of any
interruptions or errors.
12.3. Limitation of Liability
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 referral program, even if we have been
advised of the possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement and the Program will not exceed the
total referral fees paid or payable to you under this Agreement. 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,
officers or shareholders. Any liability arising under this Agreement shall be
satisfied solely from the referral fee generated and is limited to direct
damages.
13. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER
FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO
OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THIS PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT
14. IN WITNESS WHEREOF, by having read, the terms and conditions, and
acknowledging such in the Affiliate sign-up form you agree to all the terms and
conditions contained herein.
Version 4.0, dated 25 July 2012