Sportsbet Affiliate Terms and Conditions (Updated 21 July, 2009)
These Terms and Conditions form a legally binding agreement between an Affiliate applicant (or an approved Affiliate) ("you") and Sportsbet in relation to the Sportsbet Affiliate Program (the "Program").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
You should print off and/or save a copy of these Terms and Conditions ("Terms") for your records.
1. Application of Terms
1.1. These Terms apply to your application to or participation in the Program
1.2. You may not apply to or participate in the Program unless you accept the Terms.
1.3. You may not apply to or participate in the Program may not accept the Terms if you are not of legal age to form a binding contract with Sportsbet, or are otherwise precluded from participating in the Program under the laws of the country in which you are resident.
1.4. The Terms shall be deemed accepted by you upon the earlier of your: (i) submitting an application to participate in the Program; or (ii) continued participation in the Program.
1.5. Sportsbet may make changes to the Terms from time to time, and Sportsbet will make a new copy of the Terms available at Sportsbet Affiliates . You understand and agree that if you continue to participate in the Program after the date on which the Terms have changed, you are deemed to have affirmatively accepted the updated Terms. When Sportsbet posts changes to the Terms, the "Latest Update" date at the top of Terms will be updated. 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. Enrollment
2.1. To begin the enrollment process, a potential Affiliate will submit a complete Program application via the 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 play on Sportsbet, please set up a separate player account. If an Affiliate would like to test the system, Sportsbet will provide the Affiliate with a demo 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 their acceptance or rejection to the Program. Sportsbet may reject any application if it is determined, in Sportsbet’s sole and absolute direction, that the submitted application or related website not unsuitable for the Program.
2.4. Unsuitable sites include, but are not limited to, those that:
1. Infringe trademark rights of ours 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; and/or
7. Otherwise are 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 site is thereafter determined, at our sole 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.
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 affiliates@Sportsbetaffiliates.com.au.
3.3. Affiliate performance will be reviewed annually, based on the date of acceptance of your Program application.
3.4. This Agreement can be terminated at any time without prior notice if the Affiliate is not an active member of the Program. Sportsbet has the right to terminate the Agreement without prior notice if Affiliate breaches any terms or conditions of this Agreement.
3.5. 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 site.
3. Affiliate will be entitled to unpaid commission fees, if any, earned by 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 fulfill their obligations and responsibilities, 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) from Affiliate’s customers after termination, 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 and control. Affiliate will cease all uses 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 the 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 if necessary in its discretion.
4.3. Sportsbet will track Customers’ play and will supply reports summarizing customer activity to the Affiliate. The form, content and frequency of the reports available at Sportsbet Affiliates may vary from time to time in Sportsbet’s sole discretion.
5. Commission Model and Calculations
5.1. Revenue-Share Plan.
1. Sportsbet shall pay you a commission equal to the applicable percentage of Customer Net Revenue, derived from any transaction from Visitors who used the Sportsbet web site, who linked to the Sportsbet web site from the Sportsbet Affiliate web site when registering a new account or who used a prize code when registering a new account, assigned to the affiliate during the term of this Agreement.
2. "Net Revenue" is calculated as follows:
1. On all betting activities: all gross monies from bets made by customers less; monies paid out to Customers as winnings, GST on Winnings, Turnover Tax, Product fees and Government levies, Customer credit and bad debts, fraud, charge-backs, adjustments, administration fees, free bet winnings or bonuses, and other incentives offered to the Customer.
2. Net Revenue (as defined above) shall be calculated for each referred player and the aggregate of all such calculations shall be the applicable commission due to such Affiliate as set out.
3. Affiliates participating in the Revenue-Share Model will earn commissions for the life of the Customer, on all transactions the Customer undertakes at the Website and telephone, for as long as the Affiliate remains an active member (active member meaning: to refer no less than 4 new depositing players in any rolling 12-month period) of the Program in good standing.
5.2. 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.
6. Affiliate Obligations and Responsibilities
6.1. Affiliate shall use best commercially reasonable efforts to actively and effectively advertise, market and promote Sportsbet as widely and aggressively 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 and which reflect positively upon the business reputation of the Sportsbet brand. An Affiliate or Agent may not trade as, or be associated with a third party investment business or company which offers investment services on racing or sports.
6.2. It is the responsibility of the Affiliate to 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.
6.3. Affiliate shall not establish any social network domains, blog domain, profile name or display name containing Sportsbet.
6.4. 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, Sportsbet.com.au. This includes, but is not limited to, the following search engines: Google, Yahoo7, NineMSN.
6.5. Affiliate is restricted from utilizing derivatives of Sportsbet in URLs and directory names for the intention of search engine optimization.
6.6. 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.
6.7. Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of Sportsbet to their customers.
6.8. 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.
6.9. Affiliate agrees to cooperate fully with Sportsbet in utilizing and maintaining links and other promotional tools as supplied by Sportsbet. Furthermore, the 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; and
4. Display such graphic and/or textual images prominently in relevant sections of Affiliate’s website(s).
5. Sportsbet does not condone or endorse Spam.
6.10. Sportsbet employs strict eDM (email direct marketing) guidelines and policies for affiliates, media and other third parties. The eDM guidelines and policies serves to protect the Sportsbet group of companies, and email reputation with customers, 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 is 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 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 reserve the right to demand payment from Affiliate.
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. If a Customer registered through an Affiliate is banned from play for any reason, and returns any deposited funds to the Customer, Sportsbet will not pay Affiliate for the revenues generated by such banned Customer.
7.6. 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.
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 THE TERMS. SPORTSBET FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPORTSBET, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (I) 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 OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) 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 AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PROGRAM; (C) YOUR FAILURE TO PROVIDE SPORTSBET WITH ACCURATE ACCOUNT INFORMATION; (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. Miscellaneous
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 the 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, by operation of law or otherwise, 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, that website’s existing sheet of players will not necessarily become property of the new ownership and treatment of such players shall be in the sole 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 site or otherwise, that states or implies that Affiliate has the authority to represent Sportsbet.
9.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
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 and conditions of this Agreement by clicking the "Submit" button on the Affiliate Registration Form page.
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