Affiliate Agreement Terms & Conditions

Terms & Conditions

1.        Operator and Regulatory Information

2.        These Terms and Conditions

3.        Changes to the Terms and Conditions

4.        Definitions

5.        Account Management and Security

5.1      Affiliate Accounts

5.2      Opening Affiliate Accounts

5.3      Inactive Accounts

6.        Verification

7.        Affiliate Website and Responsibilities

7.1      Linking to BetVictor’s Website

7.2      Responsibility for Affiliate Site

7.3      Approved Layouts

7.4      Continued Promotion

7.5      Promotional Activities

7.6      Good Faith

7.7      Confidential Information

8.        Tracking Customers’ Play

9.        Referral Commission

9.1      Calculations

9.2      Payout Requests

9.3      Negative Carryover

9.4      Cross-Over Product Commission

10.    Prohibited Behaviour

10.1       General

10.2       Spamming/Commitments/Chat Rooms/Compliance

10.3       Unsuitable Sites

10.4       Gaming Regulation

10.5       Rake-back

10.6       Search Engine Policies

10.7       Duplicate accounts and Self-Referral

10.8       Applicable Law/Advertising Codes

10.9       GBGC License Conditions and Codes of Practice (LCCP)

10.10         Poker Network Rules and other Game Rules

11.    Term and Termination

12.    Intellectual Property Rights

12.1       License to use BetVictor Intellectual Property

12.2       Domain Names/Social Media

12.3       Bidding on Brand Terms

13.    Events Outside our Control

14.    Rights and Waivers

14.1       Provision of BetVictor Services

14.2       Assignability

14.3       Non-Waiver

14.4       Remedies

14.5       Severability

15.    Limitation of Liability

16.    Miscellaneous

16.1       Notices

16.2       General

17.    Governing Law and Jurisdiction

18.    Statement of Confirmation

Appendix A – Banned Country Policy

 

1.             Operator and Regulatory Information

BetVictor Limited, trading as BetVictor ("BetVictor", "us" “our” or "we") is established in and fully licensed by the Government of Gibraltar to undertake online and telephone betting and online gaming. We at all times comply with all applicable laws in Gibraltar and are regulated by the Gibraltar Gambling Commissioner, licence numbers: 001 and 014. The company's registered number is 42734 and its registered address is Suite 23 Portland House, Glacis Road, Gibraltar.

The provision of Our website (www.betvictor.com) to users in Great Britain is licensed and regulated by the Gambling Commission of Great Britain ("GBGC") (under licence number 000-039576-R-319370-005). We at all times comply with all applicable regulations of the GBGC in relation to the use of this site by individuals located in Great Britain or marketing to customers in Great Britain. The regulations of the GBGC do not apply to use of this site for customers located outside Great Britain.

2.             These Terms and Conditions

These General Terms and Conditions of Use together with the applicable

Privacy Policy

Banned Countries Policy at Appendix A

 

and any other additional or revised terms and conditions and/or rules that relate to and govern the affiliate relationship or any particular software, bonus, or other promotion in relation to any of the products and services that we offer to affiliates or affiliated customers, are referred to as the "Terms and Conditions".

 

The Terms and Conditions set out the terms which exist between BetVictor and the Affiliate (“Affiliate” or "You") when You access any of the products and services offered by us via the BetVictor Affiliates website located at the principal URL link: www.betvictoraffiliates.com and any device-specific version of such website(s) owned by us  ("Website"), or via the chat service on our Website ("Chat"), or through your affiliate account via Income Access (IA) together referred to as the "Services".

 

These Terms and Conditions form a legally binding agreement between You and BetVictor. By opening an affiliate account with BetVictor through the Website, or by otherwise indicating your acceptance when requested by us, You agree to be bound by the Terms and Conditions. You accordingly agree to the use of electronic communications in order to enter into contracts and to communicate and You waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law.

The Terms and Conditions governing your contract with BetVictor were last updated on [1st February March 2017] and supersede any previous Terms and Conditions. For the avoidance of doubt, each and all sections of the Website are governed by the Terms and Conditions, and You should ensure at all times that your use of the Services is in accordance with the Terms and Conditions.

3.             Changes to the Terms and Conditions

We may change the Terms and Conditions (including the terms on which Commission is calculated or paid) from time to time in our discretion or for any reason in particular but not limited to commercial reasons, to comply with laws or regulations, instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms and Conditions can be accessed from the Terms and Conditions tab on the Website, and the date on which they will come into force will be noted in paragraph 2.2. If you wish to receive copies of former terms and conditions please contact our Affiliates Team via live chat, email or through IA.

Where BetVictor wishes to make changes to the Terms and Conditions, we will give You as much prior notice of such changes as is reasonably practicable via such method of notification as we may, in our discretion, deem to be appropriate, including one of the following methods:

- Email (to the email address You have previously supplied us with, if any);

- A notice on the Website. 

If you continue to use the Services and/or Your Account after notification under this paragraph 3 (Changes To The Terms and Conditions), You shall be deemed to have accepted the new or Revised Terms and Conditions, and to have agreed to be bound by, them (including any additions, removals, substitutions) as from the date they take effect. If any change is unacceptable to You, You must close your affiliate account by contacting us immediately after notification of the change.

Given the frequent fluctuation in global gaming legislation, acceptance of players from certain countries is subject to change. You are referred to the Banned Countries Policy at Appendix A. BetVictor will notify the Affiliate via email if the jurisdictions from which BetVictor wishes to accept customers is amended and update the Banned Country Policy.

4.             Definitions

Affiliate Account: An account opened by You to manage your participation in the affiliate program where you have complied with all registration identification and other requirements.  Participation includes access to various facilities such as authorised BetVictor Banners and logos, reporting and statistics, marketing tools and financial tracking.

Affiliated Customers: the Affiliate’s visitors (i) who join BetVictor’s customer database (by way of registering at one or more of BetVictor’s products / websites) (ii) after arriving at the applicable site(s) via one of the Affiliate’s click-thru URLs (which will be provided to the Affiliate when it joins up to the Affiliate Programme) (iii) who has deposited funds to their customer account and (iv) who has conducted betting or playing activity in one or more BetVictor properties – Sports, Casino, Live Casino, Virtual Games and Poker.

Affiliate Programme: the BetVictor Affiliate programme as described from time to time in these Terms and Conditions and on the Website.

Commission or Referral Commission: a Percentage of Net Revenue earned by BetVictor from Affiliated Customers, payable after the end of each calendar month only if:

a)        The Commission earned in the period minus Negative Carryover from any previous period(s) exceeds the Minimum Payment Threshold

b)        You raise an invoice to request payment through Income Access

Fraud any actual or attempted act which is deemed in BetVictor’s reasonable judgment to be made in bad faith or with intent or effect to defraud BetVictor or with intent or effect to circumvent any restrictions or other applicable provisions or which is or would be in breach of any applicable laws or regulations and “Fraud” includes without limitation collusion,  manipulation or other hacking or unauthorised accessing of betting or gaming software or systems, abuse of promotions or bonus awards, breach of applicable terms and conditions, breach of money-laundering laws or the use of stolen credit or debit cards or unauthorised use of any payment mechanisms,

Minimum Payment Threshold: The minimum value at which you may request payment dependent on your Payment Method and Affiliate Account Currency.  Such Thresholds are available on www.betvictoraffiliates.com and may be amended from time to time.

Net Revenue: Gross Revenue minus the below deductions:

-         10% from Sports Products (+ a further 15% for UK Customers due to POCT)

-         35% from all other Products (+ a further 15% for UK Customers due to POCT)

Negative Carryover: Where Referral Commission is in a negative value in any given period, this negative value will be carried over to the following period.

Our Site or Website: Any reference to these also includes access to and use of the BetVictor mobile site, iOS and Android applications.

Prohibited Behaviour is Fraud or any other issue referred to in clause 10

Tagging: The method by which an Affiliated Customer’s account is linked to an Affiliate Account.

Terms and Conditions: These terms and conditions and all Schedules Appendices or documents referred to all as amended revised or replaced from time to time.

General: The singular includes the plural and vice versa and the masculine includes the feminine. Headings are for convenience only and do not limit or otherwise affect the interpretation of clauses. Any Appendix or Schedule or document referred to (such as Privacy Policy) forms part of the Terms and Conditions

5.             Account Management and Security

5.1         Affiliate Accounts

Accounts opened through the BetVictor Affiliates website will be opened and operated using software provided by Income Access (IA).  Affiliates agree to be bound by the Terms and Conditions for the use of software as declared by Income Access on their website.

5.2         Opening Affiliate Accounts

When You open your Account, You will be asked to provide us with your correct name, address, telephone number and e-mail address ("Your Contact Details").  Where applicable you will also be asked to provide various company registration details including, but not limited to, Company name, company registration number, country of registration, Directors and Beneficial Owners information. It is your responsibility to notify BetVictor of any changes to information provided from time to time.

It is your responsibility to input Your Contact Details correctly and notify BetVictor of any changes. You may update Your Contact Details from time to time through the "My Account" management page on the Website or by contacting the Affiliates Team. For further information about our collection and use of your personal information, please refer to our <Privacy Policy>

 

In opening an Affiliate Account, you warrant that:

 

-         You are legally able to enter into contracts

-         You have not previously had your accounts closed by us for any reasons including but not limited to breaches of clause 10. Prohibited Behaviour

-         You have not been discontinued or terminated as an affiliate of any other online or remote service or other business (whether in relation gambling or otherwise)

-         You acknowledge that it is your responsibility to ensure that You understand and fully comply with any laws or regulations (i) applicable in your own country or state and (ii) applicable to the country or countries to which you will be marketing or promoting BetVictor

-         You will comply strictly with these Terms and Conditions in all respects

These warranties shall continue throughout the period during which You are an Affiliate of BetVictor and are made by You for Yourself and on behalf of any third party connected with You in any way including by way of family business or other relationship and (if You are a company) also on behalf of Your shareholders directors officers and any third party connected with them.

5.3         Inactive Accounts

BetVictor reserves the right to withhold Commission and close any Affiliate Account deemed to:

-         be inactive for a period of 3 months or more; or

-         have not referred a minimum of 3 depositing players per month over a rolling 3 month period.

Decisions on inactivity are made at the discretion of the BetVictor Affiliates team but will be influenced by last login date, number of clicks, impressions and referrals. BetVictor shall notify the Affiliate that its account is an Inactive Account (“Inactive Account Notice”). If any funds remain in an account deemed Inactive, BetVictor reserves the right to retain any funds not collected within a period of 90 days from the date of the “Inactive Account Notice”.

6.             Verification

It is our policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. Before accepting your application, we will verify your identity through the information provided by you and by obtaining further information from public sources and data. For the avoidance of doubt, you agree that we may use any personal information provided by you for the purposes of verifying your identity.

You agree to provide BetVictor with any supporting documents we may reasonably request. You are aware that we have the right to delay payments or terminate Your Affiliate status if supporting documents are not provided. Supporting documents may include any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a letter of reference from the individual’s bank; and a copy of a bank statement. For a company, supporting documentation may include a copy of the company’s certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficial owner(s) of the company and the identity of the directors of the company.

7.             Affiliate Website and Responsibilities

You must not use any means to promote sites which resemble in any way the look and/or feel of the BetVictor Site/s whether in whole or in part, nor utilise any such means or site to create the impression that such sites are the Site (or any part of the Site).

7.1         Linking to BetVictor’s Website

By this Agreement, BetVictor grants You the non-exclusive, limited, revocable, non-assignable right to direct Customers to any of BetVictor’s sites in accordance with the terms and conditions of this Agreement and to provide a hypertext reference link to the initial, top level display of your website, for the sole purpose of linking your website to BetVictor’s websites during the period in which You are an Affiliate of BetVictor.

Further, You are agreeing to create and maintain unique links from Your site to the BetVictor websites. You may link to BetVictor with any of its banners, e-mails, articles or with a text link. These are the only methods by which You may advertise or promote on BetVictor’s behalf. BetVictor reserves the right to describe itself as acting “in association with You” or similar expression on all banners or buttons as required. Authorisation for any other form of advertising or promotion (including a white label solution) can only be given with express permission from BetVictor including in the form of separate signed contract where applicable. BetVictor shall have complete discretion whether to permit any such other form.

7.2         Responsibility for Affiliate Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site, and warrant, covenant and undertake to operate and maintain an acceptable internet usage policy regarding BetVictor and its URLs. For example, You will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal or do not involve Prohibited Behaviour as set out in clause 10. You will also ensure that You will offer links to the BetVictor website only in jurisdictions acceptable to BetVictor. BetVictor disclaims all liability for these matters. Further, You shall fully indemnify and hold BetVictor harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site and for any loss or damage suffered by BetVictor or any of its group companies for breach of the terms of this Agreement.

You must notify BetVictor of any new URL’s You will be using to promote the BetVictor brand. Failure to do so may result in withheld commissions of revenue generated by the un-declared URL. BetVictor’s Affiliate Programme is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. If You wishes to transfer an account to another beneficial account owner You must first request permission to do so by contacting BetVictor. Approval is solely at BetVictor’s absolute discretion. Members of the BetVictor Affiliate program must adhere to BetVictor Affiliates single account policy. You shall not endorse BetVictor’s betting business (except by communication of promotional material approved by BetVictor); nor make any claim that BetVictor’s betting business or any of its promotions have been arranged for the benefit of the Affiliate’s customers or users of its website.

 

Nothing in the relationship between the parties shall make BetVictor liable to any third party for any matter arising in relation to Your site whether to any third party in any business or other relationship with You or to any third party exercising lawful or governmental or regulatory or other authority.

7.3         Approved Layouts

You will only use BetVictor’s approved advertising creative/banners and will not alter their appearance nor refer to BetVictor in any promotional materials other than those sent to You by BetVictor. All other advertising e.g. editorial comments must be approved by the BetVictor Affiliate Team. The appearance and syntax of the hypertext transfer links are designed and designated by BetVictor and constitute the only authorised and permitted representation of BetVictor’s sites. Sites that are misleading to the user, redirect to the BetVictor website or are a copy of the BetVictor website could also result in the termination of the affiliate agreement and/or cancellation of commission.

7.4         Continued Promotion

You shall incorporate and prominently and continually display the most up-to-date links provided by BetVictor on Your website, and You shall not alter the form, location or operation of the links without BetVictor’s prior consent. You are eligible for Referral Commissions based upon your continued promotion of BetVictor. BetVictor reserves the right to terminate Referral Commission if You cease to promote BetVictor. Your reduced or suspended promotion of BetVictor will be deemed to represent Your termination of Your appointment as an affiliate of BetVictor.

7.5         Promotional Activities

You will be solely liable for the content and manner of Your marketing and promotional activities. All such activities must be conducted at all times in a professional and lawful manner and compliant with all legislation, regulations and codes of practice (including without limitation relevant advertising codes of practice) within the jurisdiction You are operating from and also the jurisdictions of the Customers and any related gambling legislation.

In particular, but without limiting the above, You shall ensure that all marketing, advertising and promotions targeted at potential Customers in Great Britain or otherwise subject to regulation by the GBGC shall comply with the terms of UK Gambling Act 2005 and any additions to or amendments of that Act from time to time and all regulations and regulatory requirements relating to gambling businesses and shall include the wording set out below.

"www.gambleaware.co.uk"

"18 + only"; and

"Terms and Conditions apply"

7.6         Good Faith

You will not knowingly benefit from traffic known or suspected as being generated as a result of Fraud whether or not it actually causes BetVictor damage. BetVictor reserves the right to retain all Commission otherwise due to You under this Agreement if BetVictor has reasonable cause to believe that such traffic has been directed in this manner regardless of whether You are aware of this.

BetVictor reserves the right to withhold Commission and/or suspend or close accounts of Affiliated Customers where such Affiliated Customers are found or suspected to be using Fraud. BetVictor reserve the right to close your account if You only refer, or refer  a high percentage of:  

-         Player accounts closed by traders for arbitrage / unsuitable business,

-         player accounts closed by security, 

-         player account bonus excluded by promotions,

-         player accounts linked to others closed for fraud, bonus abuse.

Such situations to include but not be limited to referred players betting both sides of an event or market so as to limit risk and claim bonuses and or generate commission for the affiliate through this means.

7.7         Confidential Information

During the term of this Agreement, You may be entrusted with confidential information relating to BetVictor’s business, operations, or underlying technology and/or the Affiliate Programme (including, for example, Referral Commissions earned by You under the Affiliate Programme). You agree not to make disclosure or unauthorised use of any such confidential information to third persons or outside parties unless You have BetVictor’s prior written consent and that You will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement or your appointment as an Affiliate.

8.             Tracking Customers’ Play

BetVictor agrees to register Affiliated Customers to its website and track their transactions. BetVictor reserves the right to refuse Affiliated Customers (or to close their accounts) if necessary to comply with any requirements BetVictor may periodically establish or otherwise as applicable under the terms and conditions applying to BetVictor customers, and/or in order for BetVictor to comply with such other legal and regulatory obligations and requirements as imposed from time to time by the laws of any applicable jurisdiction or regulator. By opening an account with BetVictor, Affiliated Customers will become customers of BetVictor and, accordingly, all BetVictor’s Terms and Conditions, rules, policies, and operating procedures will apply to them.

 

BetVictor will track Affiliated Customers' bets or wagers and play making available to You regular reporting via an affiliate reporting system (subject to any over-riding obligations of confidentiality or data protection issues).

 

Affiliated Customer accounts which are dormant or inactive for 3 months or longer will be untagged.

9.             Referral Commission

9.1         Calculations

BetVictor will pay You the Referral Commissions (as defined in Appendix B) that BetVictor earns from Affiliated Customers directed from Your site after they open an account with BetVictor and wager for real money at any of BetVictor’s sites for the extent of the Player Lifetime.

BetVictor’s calculations of Commission are final and binding and you agree to accept them as being such.

BetVictor reserve the right to withhold any Commissions generated by Affiliate Customers that are identified as existing customers of BetVictor or are generated from customers in jurisdictions that have been excluded by BetVictor.

BetVictor reserve the right to withhold any Commission if actions taken by You result in fines and/or penalties to BetVictor.

You are responsible for accounting for any VAT (or any other applicable tax) deemed due on Commissions earned from your Commissions received. BetVictor will not pay any such VAT or other applicable tax and if required to pay any such VAT or tax BetVictor will be entitled to withhold the amount it is required to pay from payments of Commission.

BetVictor retains the right to withhold Commission payments or a portion thereof if it considers profits earned at are a risk of chargeback. Any amounts withheld will only be paid once a period of six months has elapsed.

9.2         Payout Requests

Your BetVictor affiliate account must have aggregate Referral Commission across all BetVictor products in respect of any period that are exactly equal to or over the applicable Minimum Payment Thresholds of Your selected payment method as specified in the FAQ Section on www.betvictorsaffiliates.com, before the Affiliate will be eligible for Referral Commission payment. You are entitled to one payout per month, providing it has fulfilled the above Commission requirement at the end of the preceding month. There is no maximum commission payment.

You must generate an invoice through Income Access in order to request a payment each month.  Payment will not be generated automatically and payment is only permitted if the above mentioned thresholds are reached.

Referral Commission will only be paid in British Pounds Sterling (“GBP”), US Dollars (“USD”) and/or Euros (“EUR”) based on the currency in Your affiliate account.

Commission is calculated in GBP and converted into EUR and USD where applicable using BetVictor’s Internal Exchange Rates.  Payments made via Neteller or Bank Transfer are processed in GBP and may be subject to bank fees and exchange rates.

Currency exchange rates are defined by BetVictor at the beginning of each calendar month.  A list of current exchange rates is available upon request.

9.3         Negative Carryover

At the end of a period BetVictor shall calculate all Referral Commissions, both positive and negative, generated by Affiliated Customers. If an aggregate Referral Commission in respect of any period is a negative amount, we shall carry forward and set off any such negative amount against all future revenue commission calculations. For the avoidance of doubt, You will only be eligible to receive a pay out when there is a positive balance in any given monthat the end of each Commission Period.

9.4         Cross-Over Product Commission

Commissions may also be earned through cross over product revenue. Commissions can be earned when Affiliated Customers referred through your main affiliate site generate revenue in any BetVictor product other than the main product chosen by You when registering with the BetVictor Affiliate program. For example, if anAffiliated  Customer clicks on your casino banner, as your main product, and then generates revenue through one of BetVictor’s sports betting products, you will earn Commissions from the sports betting net revenue generated by that Affiliated Customer.

 

10.        Prohibited Behaviour

10.1     General

Without prejudice to any other rights of BetVictor, BetVictor may terminate your appointment as an Affiliate of the BetVictor Affiliate Programme under this Agreement forthwith without notice and without recourse to You if there is any Fraud on your part or you fail to comply with the specific terms of this Clause 10. BetVictor also reserves the right to withhold any Commissions due to You if any Fraud on your part or you fail to comply with the specific terms of this Clause 10 or Clause 12.

10.2     Spamming/Commitments/Chat Rooms/Compliance

You shall not carry out or allow whether through your website or otherwise any form of spamming nor advertise or promote BetVictor in any way that may have a detrimental effect on the image, reputation or integrity of BetVictor nor will You post messages regarding BetVictor or any of its URL’s to any newsgroups, chat rooms and/or bulletin boards. You shall not make any claims or representations, or give any warranties, in connection with BetVictor and You shall have no authority to, and shall not, bind BetVictor to any obligations. You confirm that any mailing list in your possession has been compiled in accordance with all applicable rules, legislation and regulations (including data protection laws and regulations as in force from time to time) and have all the necessary authority to make such communications.

10.3     Unsuitable Sites

You shall not use or be linked to any website or mobile application or other platform that is aimed at children, displays pornography or other illegal sexual acts, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities or violates intellectual property rights.

10.4     Gaming Regulation

You shall not develop and/or implement marketing and/or public relations strategies which infringe any applicable laws, regulations or codes of practice relating to marketing including in particular (but without limitation) any laws, regulations or codes of practice applying from time to time under relevant gambling regulation or under the authority of any regulatory body having jurisdiction over the marketing of gambling services.

10.5     Rake-back

You shall not offer any so-called "rake-back" schemes or similar which offers or allows a proportion of the player's poker rake to be returned to the player in any form, nor shall You advertise any site that offers rake-backs. BetVictor reserve the right to withhold any commissions due to You if it has reason to believe that you were, or are, involved in any rake-back activity or scheme.

10.6     Search Engine Policies

You shall not violate the terms of use and any applicable policies of any search engines.

10.7     Duplicate accounts and Self-Referral

You shall not open more than one affiliate account without BetVictor’s prior written consent nor will You earn Commission on your own BetVictor sports, casino, poker or games account or those of any third party connected with you in any way. The Affiliate Programme is intended for professional website publishers. Members of the BetVictor Affiliate program must adhere to BetVictor Affiliates single account policy.

10.8     Applicable Law/Advertising Codes

You shall not breach any applicable law or regulation or applicable advertising code of practice including, but not limited to, the UK CAP codes and Irish ASAI code. You shall not make available directly or indirectly links to BetVictor accessible from countries in the Banned Countries policy or as otherwise notified to You by BetVictor.

10.9     GBGC License Conditions and Codes of Practice (LCCP)

In relation to marketing and promotion of BetVictor to customers located in Great Britain, You shall not breach the Gambling Act 2005 as amended or added to from time to time or any other applicable law or regulation or code of Practice of the Great British Gambling Commission or cause BetVictor to be in breach of any applicable law or regulation or Code of Practice of the Great British Gambling Commission.

10.10 Poker Network Rules and other Game Rules

You shall not be in breach of relevant poker network rules or any game rules.

11.        Term and Termination

Your appointment as an affiliate in the BetVictor Affiliate Programme under these Terms and Conditions shall remain in force from the date of registration for an initial fixed term of one year and shall continue thereafter unless and until terminated on 30 days written notice by one party to the other or otherwise as terminated below. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

Either party may terminate Your appointment as an affiliate in the BetVictor Affiliate Programme by notice in writing with immediate effect if the other party is in material breach of any of the terms of this Agreement and such breach, where it is remediable, remains unremedied fourteen days after receipt of notice from the terminating party that the other party is in breach.

Either party shall have the right to terminate Your appointment as an affiliate in the BetVictor Affiliate Programme with immediate effect on notice in writing if liquidation or similar proceedings relating to insolvency are filed or initiated by or against the other party.

BetVictor shall have the right to terminate Your appointment as an affiliate in the BetVictor Affiliate Programme with immediate effect if You are in breach of any of your obligations contained in these Terms and Conditions.

After termination, BetVictor shall pay to You Commission subject to the terms of this Agreement on bets and wagers placed prior to the date of termination but no further commission shall be payable.

Upon termination You must immediately discontinue or disable the link to BetVictor’s sites, remove the link and all of BetVictor’s banners/icons and Marks from your site and will cease all uses of BetVictor’s Marks. All rights and licences given to You in this Agreement shall immediately terminate. You will immediately return to BetVictor any confidential information, including without limitation copies of materials from BetVictor’s sites in your possession, custody or control.

12.        Intellectual Property Rights

Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future including in all materials on its own site. You acknowledge that BetVictor’s sites (including without limitation all content, text, images, software, media and other materials on the sites) is proprietary to or licensed by BetVictor, protected under copyright and other intellectual property laws, and may not be used, reproduced, transmitted, displayed, published or distributed without the express prior written consent of BetVictor.

12.1     License to use BetVictor Intellectual Property

BetVictor grants to You for the period during which You are an affiliate in the BetVictor Affiliate Programme a non-exclusive, limited, revocable, non-transferable licence to use BetVictor’s trade name, trademarks, service marks, logos and any other designations, which BetVictor may from time to time approve in writing ("Marks") solely in connection with creating and describing the display of the promotional materials on your site. You will properly and accurately display BetVictor’s Marks in connection with any display and description of the link on your site. This licence 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 licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any way (whether by formal action or proceedings of any kind or nature or otherwise), and You shall not take any action that may prejudice BetVictor’s rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify BetVictor immediately if You becomes aware of the misuse of the Marks by any third party and must contact affiliates@betvictor.com.

12.2     Domain Names/Social Media

You shall not register (or apply to register) any domain name or register on social media or open social media pages or accounts on any platform involving names or brands the same as or similar to any domain name or name or brand used by or registered in the name of any member of BetVictor’s group of companies, or any other name or brand that could be understood to designate BetVictor or any member of BetVictor’s group of companies. This will include registration of any domain name using a close or similar representation of any BetVictor brand or domain through misspelling or addition or omission of characters or phonetic similarity or otherwise.

12.3     Bidding on Brand Terms

You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service without the direct authorisation from BetVictor and strict adherence to BetVictor’s Pay Per Click (PPC) and Search Engine Optimisation (SEO) policy, likewise You may not use trademarks, URL’s or variations thereof for use in HTML coding (including but not limited to ‘meta tags’, ‘meta descriptions’, ‘meta content’, ‘page titles’, ‘titles’).

13.        Events Outside our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions that is caused by events outside our reasonable control, including (without limitation) failure or interruption or malfunction of any telecommunications network, power supplies, or own or third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or regulatory authorities or other competent authorities (a "Force Majeure Event"). 

 

Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues and during such time we will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event. We may also cancel all or part of the Service because of a Force Majeure Event, however, if we do so we may (at our discretion) refund any charges which You paid in advance for the part of the Service which You could not receive.

14.        Rights and Waivers

14.1     Provision of BetVictor Services

This Agreement does not grant You any exclusive right or privilege to assist BetVictor in the provision of services arising from your referrals, and BetVictor intends to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as You. You shall have no claim for any referral commission or other compensation on business secured by or through persons or entities other than yourself.

14.2     Assignability

You may not assign or transfer this Agreement, or its obligations or rights hereunder, by operation of law or otherwise, without BetVictor’s prior written consent which may be withheld or granted subject to conditions at BetVictor’s discretion. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against You and BetVictor and the parties’ respective successors and assignees.

14.3     Non-Waiver

BetVictor’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its rights 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 recognised by BetVictor. None of the employees or agents of either party has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.

14.4     Remedies

The exercise of any right in relation to one or more of the provisions of this Agreement or any breach thereof shall not preclude the exercise of any other right or any rights in relation to any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach by You of this Agreement and, in the event of a breach or threatened breach by You of any provision of this Agreement, BetVictor may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of BetVictor’s rights at law or in equity, or otherwise, for a breach or threatened breach by You of any provision of this Agreement.

14.5     Severability

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.

15.        Limitation of Liability

Any liability to You arising from this Agreement or the BetVictor Affiliate Programme is limited to direct damages only. We will not be liable in any circumstances (including negligence) for indirect, special, or consequential damage or loss of any kind, including without limitation loss of business, profits, revenue, contracts or anticipated savings, or arising from loss, damage or corruption of any data, even if we have been advised of the possibility of such damages or losses. In any event our liability to You in all circumstances (including negligence) in relation to any breach by us of this Agreement or in relation to the BetVictor Affiliate Programme shall not exceed in aggregate the total of all payments of Commission made to You in the period of twelve (12) months immediately preceding the breach in question. However, nothing in this Clause excludes or restricts our liability to You or to any third party for death or personal injury or for fraud (as defined by law).

16.        Miscellaneous

16.1     Notices

Any notice required to be given under this Agreement may (i) be delivered by hand or by pre-paid first class post addressed to the party in question at such party’s address shown in this Agreement or any subsequently notified address or (ii) be sent by email. Such notice shall be deemed to be served immediately upon delivery by hand or by email or upon expiry of 48 hours after posting (as the case may be).

16.2     General

The agreement between the parties including these Terms and Conditions embodies the entire understanding and agreement between the parties in connection with the subject matter of this agreement and neither party is relying on any representations, promises, terms, conditions or obligations, oral or written, expressed or implied other than those contained herein. All warranties representations conditions or assurances which might otherwise be included in this agreement (expressly or by implication) but are not expressly included in this agreement are excluded to the fullest extent possible.

Except where expressly provided in this Agreement, a person who is not a party to this Agreement has no right to enforce any term of this Agreement whether by statute (such as similar in effect to the Contracts (Rights of Third Parties) Act 1999 of the UK) or in law or in equity.

Save as otherwise stated herein, this Agreement shall not be modified or amended except by agreement in writing by an authorised representative of each of the parties but this shall not restrict the powers of BetVictor under clause 3

Neither party shall have the right or authority to bind or to make any representation or warranty on behalf of the other.

17.        Governing Law and Jurisdiction

The laws of Gibraltar will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Gibraltar and You irrevocably consent to the exclusive jurisdiction of its courts.

18.        Statement of Confirmation

You acknowledge that You have read these Terms and Conditions and have examined the Website of the BetVictor Affiliate Programme and all their respective provisions and You agree to all of them. You understand that BetVictor may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this agreement.

You expressly agree to be bound by the terms and conditions of this Agreement.

 

Appendix A – Banned Country Policy

BetVictor DOES NOT ACCEPT players from the following countries and you shall not market or promote refer BetVictor in any of these countries and shall not refer to BetVictor any customers from such countries.  

Appendix B – Product Commission

For any Affiliates registering with the BetVictor Affiliate Program on or after December 1st 2015 our Revenue cross over product commission payments will be based on the Product you choose at the time of registration. Please see below:

Main Product selected by You

Monthly Gross Revenue Commission % Payment on Main Product Net Revenue

Monthly Gross Revenue % Payment on Cross Over Net Revenue

Sports

30 %

15%

Casino & Games

30 %

15%

Poker

30 %

15%

 


The Affiliate expressly agrees to be bound by the terms and conditions of this Agreement.