Sportsbet Affiliate Terms and Conditions - Last updated 30 April 2014
These Terms and Conditions (“Terms”) form a legally binding agreement between an Affiliate applicant (or an approved Affiliate) ("you" or “your”) and Sportsbet Pty Ltd (“Sportsbet”) in relation to the Sportsbet Affiliate Program (the "Program").
For the purposes of these Terms:
- All references to "we", "us" and "our" is a reference to Sportsbet;
- "Affiliate Website" means www.sportsbetaffiliates.com.au;
- “Website” means www.sportsbet.com.au,https://m.sportsbet.com.au/,https://t.sportsbet.com.au/ and any Sportsbet mobile or tablet application;
- “Customer” or “Customers” shall mean a visitor from your website who enters the Website via a link on your website and whose last action is the successful registrations of a betting account with Sportsbet using a tracking code designated to you. For the avoidance of doubt, it shall exclude any end user that is at the time an existing member of Sportsbet or has previously been a member of Sportsbet;
- References to Sportsbet’s discretion means Sportsbet’s sole and absolute discretion; and
- The words "including" and "includes" are not words of limitation.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
You should print off and/or save a copy of these Terms for your records and regularly check for any changes to these Terms.
1. Application of Terms
1.1. These Terms apply to your application to and participation in the Program.
1.2. You may not apply to or participate in the Program unless you accept these Terms.
1.3. You may not apply to or participate in the Program or accept these Terms if you are under 18 years of age, or are otherwise precluded from participating in the Program under the laws of the country in which you are resident.
1.4. These Terms shall be deemed accepted by you upon the earlier of your:
1. submitting an application to participate in the Program; or
2. continued participation in the Program,
at which point these Terms form a legally binding agreement between Sportsbet and you ("Agreement").
1.5. Sportsbet may at its discretion make changes to these Terms from time to time, and the revised Terms will be published on our Affiliate Website and be accessible by clicking http://www.sportsbetaffiliates.com.au/termsandconditions.html. Any changes published on our Affiliate Website will be taken to be effective immediately. The latest modification of these Agreement will be as per the date stated at the top of this Agreement. Affiliate is responsible for checking these Terms regularly in order to be aware of the latest Terms. Your continued participation in the Program after any changes are made to these Terms shall constitute binding acceptance of such changes. If you elect not to continue to participate in the Program following such changes, your only remedy is to terminate your participation in the Program in writing.
2.1. To begin the enrolment process, a potential Affiliate shall submit a complete Program application via the Affiliate Website.
2.2. Affiliate shall not attempt to open more than one Affiliate account without prior written consent from Sportsbet, nor will Affiliate earn commissions on their own or related persons' accounts. Affiliates are not permitted to wager with an Affiliate account. If you would like to wager with Sportsbet, please set up a separate betting account. In the event of a violation, Sportsbet has the right to void all current and future play as well as eliminate any earned commissions applicable from such play.
2.3. Sportsbet will evaluate the application and will notify the potential Affiliate of whether they are accepted to participate in the Program. Sportsbet may reject any application if it is determined, in Sportsbet’s discretion, that the application or related website is unsuitable for the Program.
2.4. Unsuitable websites include, but are not limited to, those that:
1. Infringe trademark rights of us or any third parties or otherwise violates the rights of any third party;
2. Contain sexually explicit materials;
3. Contain hate/violent/offensive content;
4. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
5. Promote illegal activities or otherwise violate any applicable laws, including those targeting spyware, adware or SPAM;
6. Violate any intellectual property rights, including, without limitation, scraping text or images from the Website;
7. Are or contain pages that are targeted at any person under 18 years of age;
8. Are involved with beastiality or rape, whether legal or illegal in the country of origin; or
9. Are otherwise considered by Sportsbet to be offensive or inappropriate.
2.5. If Sportsbet rejects the application, potential Affiliates may re-apply to the Program at any time. You should also note that if Sportsbet accepts your application and your website is thereafter determined, at our discretion, to be unsuitable for the Program, we may terminate this Agreement.
3. Term and Termination
3.1. The term of Affiliate’s participation in the Program ("Term") will begin upon Sportsbet’s written confirmation of your acceptance into the Program (which may include making payment to you in accordance with these Terms).
3.2. Either Sportsbet or Affiliate may terminate this Agreement and their participation in the Program at any time, with or without cause, by giving the other party at least 30 days’ written notice of termination (such notice to be sent to Sportsbet by email to email@example.com).
3.3. Affiliate performance will be reviewed annually, based on the date of acceptance of your Program application.
3.4. Sportsbet has the right to suspend or terminate this Agreement immediately by notice in writing if:
1. Affiliate breaches any terms of this Agreement; or
2. Sportsbet, in its discretion, considers for any reason Affiliate is unsuitable to be an Affiliate.
3.5. Where Sportsbet exercises any power pursuant to clause 3.2 or 3.4, it shall not be required to disclose its reasoning in connection with any such suspension or termination. Where Sportsbet discloses its reasons for such suspension or termination, it may withhold and/or terminate any payments that otherwise may have been due to Affiliate. For example, Sportsbet will not pay Affiliate any amounts referrable to fraudulent (or suspected fraudulent) or banned Customers.
3.6. Upon termination:
1. All rights and licenses granted to Affiliate shall terminate immediately.
2. Affiliate must remove all Sportsbet banners from their site and disable any links to the Website from their website.
3. Subject to clause 3.6.4 (below), Affiliate will be entitled to unpaid commission fees, if any, earned by Affiliate on or prior to the date of termination. Affiliate will not be entitled to referral fees occurring after the date of termination.
4. If Affiliate has failed to fulfil their obligations under this Agreement, Sportsbet will not pay any referral fees otherwise owed on termination.
5. Sportsbet may withhold final payment for a reasonable time to ensure that the correct amount is paid to Affiliate.
6. If Sportsbet continues to permit activity (generation of revenue) after termination from Customers referred by Affiliate, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.
7. Affiliate will return to Sportsbet any confidential information, and all copies of information in your possession, custody or control. Affiliate will cease all use of any trade names, trademarks, service marks, logos and other designations of Sportsbet or its licensors.
8. Affiliate and Sportsbet 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 Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
4. Sportsbet’s Obligations and Responsibilities
4.1. Sportsbet will make a variety of graphic and textual links available to Affiliate for placement on its website(s). Subject to these Terms, you may display the links as often and in as many areas of your website(s) as you desire.
4.2. Sportsbet will register your Customers and will track their play on the Website and/ or phone. By opening an account with Sportsbet, the Customer agrees that all applicable Sportsbet rules, policies and operating procedures will apply to them. Sportsbet reserves the right to refuse Customers or close their accounts in its discretion.
4.3. Sportsbet will track Customers’ play and will supply reports summarising Customer activity to Affiliate. The form, content and frequency of the reports available at Sportsbet Affiliates may vary from time to time in Sportsbet’s discretion.
4.4. Unless otherwise agreed in writing, Sportsbet shall only pay Affiliate in respect of commissions earned on Customers which are directly referred by Affiliate through Affiliate’s tracker and are tracked on your Affiliate account.
5. Commission Model and Calculations
5.1. For the purposes of this clause 5, the following words shall have the following meanings:
“Net Revenue” means all gross monies received by Sportsbet from Customers during the Term of this Agreement less all of the following:
(a) monies paid out to Customers as winnings;
(b) GST on winnings;
(c) tax on turnover;
(d) monies paid in the form of duties, taxes or levies or other statutory deductions or payments to licensing authorities in the form of ‘product fees’ (eg. Racing Victoria Limited) or Australian Governing Sporting Body;
(e) charges levied by electronic payment or credit card organisations;
(f) Customer credit and bad debts;
(g) monies received from Customers betting through the American Tote;
(h) monies attributable to fraud;
(i) returned bets;
(j) administration fees; and
(k) free bet winnings, bonuses or other incentives offered to the Customer.
“Australian Governing Sporting Body” means an Australian sports organisation that has a regulatory or sanctioning function and includes each of the Australian State and Territory Thoroughbred Racing, Harness Racing and Greyhound Racing peak bodies, National Rugby League, Australian Rugby Union, Australian Football League, Cricket Australia, Tennis Australia, Soccer Australia and National Basketball League.
5.2. Revenue-Share Plan.
1. Sportsbet shall pay you a commission equal to the applicable percentage of Customer Net Revenue published on our Affiliate Website or by clicking this link http://www.sportsbetaffiliates.com.au/commissionplan.html (which Sportsbet may change from time to time in accordance with this Agreement) or such other percentage as Sportsbet notifies you (in its discretion) from time to time, derived from any legitimate transaction from Customers assigned to Affiliate during the Term of this Agreement. You will not be paid in respect of transactions or Customers that breach Sportsbet’s rules (e.g. fraudulent transactions or duplicate accounts).
2. During the Term of this Agreement, Affiliates participating in the Revenue-Share Model will earn commissions in respect of all legitimate transactions that your referred Customers undertake on their accounts, subject to Affiliate referring no less than 4 new Customers to Sportsbet (in each 3 month rolling period) under the Program who place a bet with Sportsbet within 90 days of their registration. Where Affiliate fails to refer Customers to Sportsbet in accordance with this requirement, Sportsbet may: (1) reduce the commission rate payable to Affiliate; (2) refuse to pay commissions to Affiliate for the applicable month(s); and/or (3) close Affiliate’s account and terminate this Agreement.
5.3. Cost per Acquisition (CPA) Plan.
1. Sportsbet offers selected affiliates a CPA plan. CPA plan is only available on request and details of the plan are contained in a separate agreement.
5A. Payments in respect of Sub-Affiliates
1. In addition to any payments available under clause 5 above, where any Affiliate (other than you) has registered for the Program for the first time through your tracker (which may include the links on your website) prior to 1 February 2013 or registers through such means after that date (“Sub-Affiliate”), you will be entitled to a payment equivalent to 3% of any payments made to such Sub-Affiliate under its Affiliate agreement with Sportsbet. Sportsbet may change the level of payment above at any time with immediate effect by changing this term in accordance with these Terms.
2. Any commissions payable to you in respect of Sub-Affiliates shall be limited to Sub-Affiliates referred to us directly through you (i.e. tier one Sub-Affiliates only) and not any Affiliate which may subsequently be referred to Sportsbet via the Sub-Affiliate.
3. Any Sub-Affiliate will be treated as a regular Affiliate of the Program and will be bound by these Terms. For the avoidance of doubt, the payment and contractual relationship in regard to the Sub-Affiliate shall be between the Sub-Affiliate and us. You will only receive payment for Sub-Affiliates that comply with all applicable Terms.
4. Any person or entity registered as an Affiliate cannot subsequently be reclassified as a Sub-Affiliate.
5. An Affiliate shall not:
(a) register (or allow to be registered) yourself, any immediate family, person or entity controlled by you as your own Sub-Affiliate;
(b) use fictitious or alias names for the registration of Sub-Affiliates;
(c) offer any type of enticement of any kind to potential Sub-Affiliates unless such enticement is approved in writing by us;
(d) attempt to introduce any addition or variation to our Terms to any potential Sub-Affiliate; or
(e) receive payment on behalf of your Sub-Affiliate(s).
6. If any payment to a Sub-Affiliate is reclaimed under the terms by Sportsbet which are referrable to payments made to you under clause 5A.1 above, you will repay the amount paid forthwith upon receiving notice from us. Sportsbet shall be entitled to set-off any amount owed as a result against future payments under this Agreement.
7. All payments under this clause will terminate when payments to the relevant Sub-Affiliate end for any reason.
8. Payments under this clause will be made in accordance with clause 7 (below).
6. Affiliate Obligations and Responsibilities
6.1 Neither you nor your direct relatives (including but not limited to their spouse, partner, parent, child or sibling) or any connected party on your behalf (whether a director, contractor, partner, agent, employee or otherwise) are eligible to become a Customer for the purposes of your Agreement with Sportsbet, and Affiliate shall not be entitled to any share of Net Revenue or any other remuneration from Sportsbet in relation to such persons.
6.2. Affiliate shall use best commercially reasonable efforts to actively and effectively advertise, market and promote Sportsbet as widely and aggressively and responsibly as possible in order to maximize the financial benefit to both Affiliate and Sportsbet. Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law, are not directed at individuals who are under 18 years of age or who are problem gamblers, and which reflect positively upon the business reputation of the Sportsbet brand. An Affiliate may not trade as, or be associated with a third party investment business or company which offers investment services on racing or sports. An Affiliate must not place any wager for or on behalf of or in any way connected with any Customer referred by them to Sportsbet.
6.3. Affiliate shall provide Sportsbet at no cost with all data and information (including, for example, passwords) to enable Sportsbet to monitor Affiliate’s website to ensure compliance with this Agreement.
6.4. Affiliate shall ensure that the correct tracking is utilized on their website. Sportsbet will not change the Affiliate tracking ID for referrals resulting from incorrect or incomplete tracking. Sportsbet is not responsible for commission fees generated from referrals with incorrect or incomplete referral information.
6.5. Affiliate shall not establish any social network domain, blog domain, profile name or display name containing Sportsbet.
6.6. Affiliate is restricted from purchasing any domains that include Sportsbet, or bidding on any keywords or keyword phrases that include, but are not limited to, Sportsbet or Sportsbet.com.au. This includes, but is not limited to, the following search engines: Google, Yahoo7, NineMSN.
6.7. Affiliate is restricted from utilizing derivatives of Sportsbet in URLs and directory names for the intention of search engine optimization.
6.8. Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, chat rooms or through the use of "bots". Traffic generated illegally will not be commissionable.
6.9. Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of Sportsbet.
6.10. Affiliate shall not create, publish, distribute, or permit any written material that makes reference to Sportsbet without first submitting such material to Sportsbet and receiving prior written consent, which shall not be unreasonably withheld.
6.11. Affiliate agrees to cooperate fully with Sportsbet in utilizing and maintaining links and other promotional tools as supplied by Sportsbet. Furthermore, Affiliate agrees to:
1. Utilize the entire code for the banners, links and other promotional tools (including the tracking codes therein) and shall not in any way alter or remove any part of the code;
2. Display on Affiliate’s website(s) only those graphical or textual images that are provided by Sportsbet;
3. Update such images with new images provided by Sportsbet from time to time throughout the Term of this Agreement;
4. Display such graphic and/or textual images prominently in relevant sections of Affiliate’s website(s).
5. Only direct marketing materials to individuals who are over 18 years of age and who are not problem gamblers; and
6. In accordance with Sportsbet’s reasonable directions, include ‘Gamble Responsibly’ (or such other responsible gambling message as reasonably requested by Sportsbet) in connection with all Sportsbet branded advertising, materials and communications.
6.12. Sportsbet employs strict eDM (email direct marketing) guidelines and policies for affiliates, media and other third parties. The eDM guidelines and policies serve to protect the Sportsbet group of companies, and email reputation with members, Internet Service Providers (Google, AOL, Yahoo, Hotmail, etc.) and spam services including Spam Cop, Spam Assassin, Goodmail, Bonded Sender and others. Affiliates that conduct unauthorized eDM communications advertising any of Sportsbet-related brands are subject to Sportsbet placing their Affiliate account under review and withholding all funds otherwise due pending investigation. Classification of eDM communications that would be subject to review includes unsolicited email (spam), spamvertising and spoofing. By registering as an Affiliate, Affiliate agrees to abide to all No Spam regulations and employ best practices in all marketing email communications. Affiliate further acknowledges and agrees that subscribers and Customers may incur expenses in dealing with Spam-generated mail, and that Sportsbet may potentially incur legal expenses and penalties as a result of unauthorized third party email communications and in such event these expenses will be deducted from Affiliate’s account. In such cases, Sportsbet shall determine such amounts in good faith, such determination will be deemed accepted by Affiliate, and such amount will be collectable by law in accordance with this Agreement. Should these expenses not be covered by funds in Affiliate’s account Sportsbet reserves the right to investigate other alternative means for obtaining payment. For example: should Affiliate’s account have generated purchasing accounts Sportsbet will hold payment of commission for these accounts until such a time as the account for damages has been cleared. Should Affiliate’s account not be active and be generating profit through commission payments Sportsbet reserves the right to demand payment from Affiliate.
6.13. Affiliate shall not raise any sales invoice in respect of Sportsbet for any transactions covered by this Agreement.
6.14. Affiliate shall notify Sportsbet within 60 days of the date of any invoice or payment received by them from Sportsbet of any error or dispute in relation to same, failing which Affiliate will lose all rights to dispute any such invoice or payment thereafter.
6.15. Affiliate shall indemnify Sportsbet within 14 days of demand with respect to any and all losses, demands, claims, damages, costs, expenses (including but not limited to consequential losses and loss of profit, legal costs and expenses) and liabilities suffered or incurred directly or indirectly, by Sportsbet in consequence of any breach of this Agreement by Affiliate.
6.A Social Media Marketing.
Without limiting Affiliate’s other obligations under this Agreement, in relation to all marketing, communications and posts on or via social media platforms (such as Facebook, Twitter and Instagram and other channels approved by Sportsbet) relating to Sportsbet, Affiliate must:
1. clearly identify all such advertisements, posts and marketing communications as being advertisements. For example, Tweets on Twitter which relate to Sportsbet should contain hashtags such as “#ad” or “#spon” at the end of the Tweet;
3. ensure that advertisements and marketing communications relating to Sportsbet or gambling in general are not directed at problem gamblers or persons under the age of 18, and to the fullest extent possible, ensure that such communications and advertisements are not accessible by such persons;
4. ensure that all marketing communications and advertisements reference both Sportsbet and Affiliate (in either the ad-copy/text or the image);
5. not hold itself out as Sportsbet, or represent or imply that the communication or advertisement is published by or on behalf Sportsbet; and
6. make it clear in any communication by Affiliate to potential Sportsbet customers that the communication is made without the knowledge or involvement of Sportsbet and that any complaint that the recipient may wish to make should be addressed to Affiliate and not Sportsbet; and
7. in accordance with Sportsbet’s reasonable directions, include ‘Gamble Responsibly’ (or such other responsible gambling message as reasonably requested by Sportsbet) in connection with all marketing, communications and posts relating to Sportsbet.
7. Commission Payments
7.1. Sportsbet will pay Affiliate commission on a monthly basis in arrears and according to the applicable commission Plan.
7.2. Payment for the preceding month shall be processed by the 15th day of each calendar month. If Affiliate commissions earned do not exceed one hundred dollars ($100 AUD) in any given month, then payment will be carried over to the following month until they exceed $100.00 AUD.
7.3. In the event that a Revenue Share in any calendar month is a negative amount, Sportsbet shall be entitled but not obliged to zero the negative balance that would otherwise be carried forward.
7.4. All amounts are calculated and paid in accordance with Sportsbet’s reasonable and good faith means of statistical analysis and Customer tracking methods.
7.5. Sportsbet shall use reasonable endeavours to make payments due to you using the payment details provided to us. However, in certain circumstances we may be unable to make payments to you for reasons outside of our control (eg. where the bank account details are provided are inaccurate or incomplete). Where this occurs, we shall make reasonable efforts for a period of up to six months to contact you via the contact details last provided by you to Sportsbet to obtain alternative payment details. If we are still not in a position to make the payments after this period, we may close or suspend your account without further notice and you shall be deemed to have forfeited any entitlement to payment.
7.6. If a Customer registered through an Affiliate is banned from having an account with Sportsbet for any reason (including fraud, suspected fraud or breach of Sportsbet’s rules), Sportsbet will not pay Affiliate for the revenues generated by such banned Customer. If Sportsbet has paid Affiliate in respect of a banned Customer, Sportsbet may set-off the amount of such payment against future payments otherwise due to Affiliate and, if requested by Sportsbet, you must repay any shortfall to us within 15 days of receiving notice from us.
7.7. If a Customer registered through Affiliate is being investigated for credit card, bank information or address verification, Sportsbet will withhold payments of profits generated from that Customer until the investigation is completed. If such investigations lead Sportsbet to ban such Customer, Sportsbet may set-off all amounts Sportsbet has paid Affiliate in respect of that banned Customer against future payments otherwise due to Affiliate and, if requested by Sportsbet, you must repay any shortfall to us within 15 days of receiving notice from us.
8. Warranties and Limitations
8.1. No advice or information, whether oral or written, obtained by you from Sportsbet or in relation to the Program shall create any warranty not expressly stated in these Terms of any kind, whether express or implied, including, but not limited to the implied warranties and conditions or merchantability, fitness for a particular purpose and non-infringement to the fullest extent permitted by law.
8.2 You expressly understand and agree that to the fullest extent permitted by law Sportsbet, its subsidiaries and affiliates, and its licensors and service providers shall not be liable to you for:
1. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost or procurement of substitute good or services, or other intangible loss;
2. Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(a) any changes which Sportsbet may make to the Program, or for any permanent or temporary cessation in the provision of the Program (or any features within the Program);
(b) the deletion of, corruption of, or failure to store, any content or other communications data maintained or transmitted by or through your use of the Program;
(c) your failure to provide Sportsbet with accurate account information; or
(d) your failure to keep your password or account details secure and confidential.
The limitations on Sportsbet’s liability above shall apply whether or not Sportsbet has been advised of or should have been aware of the possibility of any such losses arising.
9.1. This Agreement constitutes the whole legal agreement between Affiliate and Sportsbet in relation to its subject matter.
9.2. Affiliate agrees that if Sportsbet does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Sportsbet has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sportsbet’s rights and that those rights or remedies will still be available to Sportsbet.
9.3. Affiliate may not assign this Agreement without prior written consent of Sportsbet. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against Affiliate and Sportsbet and their respective successors and assigns. Should an affiliated website be sold, whether that website’s existing sheet of Customers will be transferred to the new owner and / or accepted by Sportsbet for the purposes of the Program shall be at the discretion of Sportsbet.
9.4. Sportsbet and Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of Sportsbet. Affiliate will not make any statement, whether on its website or otherwise, that states or implies that Affiliate has the authority to represent Sportsbet.
9.5. If any term of this Agreement shall be held invalid and unenforceable, all other provisions which are self-sustaining and capable of separate enforcement shall be and continue to be valid and enforceable to the fullest extent permissible by law and read down as reasonably necessary so as to give effect to these Terms.
9.6. The laws of the Northern Territory of Australia govern this Agreement. Any action relating to this Agreement must be brought in the Northern Territory of Australia and you irrevocably consent to the jurisdiction of its courts.
9.7. This Agreement and all representations, obligations, undertakings and warranties contained in it shall enure for the benefit of any successor and/or assignees of Sportsbet.
IN WITNESS WHEREOF, Affiliate expressly agrees to the Terms of this Agreement by clicking the "Submit" button on the Affiliate Registration Form page or participating in the Program.