Read these General Conditions of Participation carefully before agreeing to them. If you do not agree to the General Conditions of Participation (or if you are not authorized to do so), you should not participate in the Betago Affiliate Program, or (if you have already registered for the Affiliate Program) you should send an email to [email protected] to terminate this Agreement to avoid misunderstandings. If you have any questions about the General Conditions of Participation or any questions in general, please send them to the same email address.
These General Conditions of Participation, the Affiliate Registration Form completed by you and such other policies or additional terms which we have provided to you by email or via our website (https://www.betago.com/affiliate/) or which we have agreed with you by separate written agreement constitute the conditions that shall apply to your participation in Betago’s Affiliate Program. In the event that other additional provisions contravene these conditions, these General Conditions of Participation shall take precedence, unless such additional provisions are an express written amendment to these General Conditions of Participation (e.g. Supplementary Affiliate Agreement).
Definitions and Interpretation
1. In these General Conditions of Participation, the following words and expressions shall (except where the context otherwise requires) have the following meanings:
|Acquired Customer||means a customer who:
a. is allocated to an Affiliate’s ID Tracker;
b. meets any qualification criteria which Betago specifies from time to time (see FAQ);
c. has not previously been registered as a customer with any Betago Company;
d. is accepted as a player during the appropriate registration process or identity verification procedure set by the relevant Betago Company;
e. successfully makes a deposit to his customer account; and
f. completes the conditions set out in a. to e. above within thirty (30) days of registering on any Betago Site via a tracking URL;
|Advertising Materials||means any of Betago’s advertising materials made available to Affiliates in the password protected Affiliate Account from time to time. These include any banners, images, ads, logos, photos, graphics, texts and any other advertising materials containing a hyperlink, which when Implemented in an Affiliate’s website and clicked on by an online user, sends the online user to a Site;|
|Affiliate or Affiliate Partner||means any individual or business that:
a. has completed the Affiliate Registration Form;
b. has been accepted by Betago to participate in the Affiliate Program (in accordance with Section IV.1 below); and
c. who provides marketing services for Betago under this Agreement;
|Affiliate Account||means the Affiliate’s personal account that is created in connection with the Affiliate’s participation in the Affiliate Program. The Affiliate Account is accessible by signing in to the Affiliate area at https://www.betago.com/affiliate/ using the login details provided pursuant to Section IV.6 below;|
|Affiliate ID Tracker||means the Affiliate’s unique tracking number that is
a. allocated to Acquired Customers; and
b. used to identify the origin of Acquired Customers via Advertising Materials Implemented on the Affiliate’s website;
|Affiliate Program||means Betago’s Affiliate Program pursuant to which Affiliates provide marketing services for Betago in return for the payment of a commission in accordance with this Agreement;|
|Affiliate Registration Form||means the registration form to be completed by a prospective Affiliate in order to apply to participate in the Affiliate Program, and which is available at https://www.betago.com/affiliate/;|
|Agreement||means the agreement between the Affiliate and Betago governing the terms of the Affiliate’s participation in the Affiliate Program including:
a. the Affiliate Registration Form;
b. these General Conditions of Participation (as amended from time to time);
c. Betago’s general terms and conditions;
e. any Supplementary Affiliate Agreement entered into which expressly amends or supplements this Agreement; and
f. such other terms and conditions relating to the Affiliate Program which may apply from time to time and are provided or made available to the Affiliate in writing;
|Confidential Information||means the terms of this Agreement, all matters relating or connected to its performance and all information or data of a Party, which is disclosed or otherwise comes into the other Party’s knowledge or possession directly or indirectly as a result of this Agreement and being of a confidential nature;|
|Implementation||means incorporation or integration of the Advertising Materials into the Affiliate’s website or mobile app which enables online users to access any of the Sites by clicking on the relevant Advertising Material as incorporated or integrated into the Affiliate’s website and “Implement”, “Implementing” and “Implemented” shall be construed accordingly;|
|Inappropriate Content||means but is not limited to content which is aimed at persons under 18 years of age, features pornography or illegal sexual acts, promotes violence, promotes discrimination on the grounds of race, gender, religion, nationality, disability, sexual orientation or age, promotes illegal activities, infringes the Intellectual Property Rights of any person or violates advertising regulations or rules of conduct;|
|Insolvent||means, in relation to a Party, that Party: is unable to pay its debts, admits its inability to pay its debts, becomes insolvent or is declared bankrupt or goes into liquidation whether voluntary or compulsory or, if any step or action is taken in any jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;|
|Intellectual Property Rights||Means
a. patents, inventions, designs, copyright and related rights, database rights, trade marks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration;
b. proprietary rights in domain names;
c. Affiliate ID Trackers;
d. knowhow and Confidential Information;
e. applications, extensions and renewals in relation to any of these rights; and
f. all other rights of a similar nature or having an equivalent effect anywhere in the world;
|Parties||means the Affiliate and Betago and references to a “Party” shall be to the relevant one of them as the context provides;|
|Sites||means https://www.betago.com/affiliate/, Betago.com and all other websites and online platforms owned, operated or controlled by or on behalf of Betago from time to time;|
|Supplementary Affiliate Agreement||means any agreement entered into in writing between the Affiliate and Betago which expressly amends or supplements the General Conditions of Participation;|
2. The section and clause headings are included for convenience only and shall not affect the interpretation of these General Conditions of Participation. References to a section or a clause shall be to sections and clauses in these General Conditions of Participation unless expressly stated otherwise.
3. Any phrase introduced by the terms “including”, “include” or any similar expression shall be construed as illustrative and shall not limit the sense of the words prior to those terms.
4. Any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists).
5. Where the context so requires or admits, the masculine will include the feminine and the neuter, and the singular will include the plural and vice versa.
6. References to any statute or statutory provision shall include any subordinate legislation made under it and shall be construed as references to such statute, statutory provision and/or subordinate legislation as modified, amended, extended, consolidated, re-enacted and/or replaced and in force from time to time.
I. Advantages of the Betago Affiliate Program
As an Affiliate, you can be a part of Betago’s success story. This is why we do our best to give our Affiliate Partners the best possible support and to inform them of important developments. Our Affiliate Partners enjoy the following benefits, in particular:
- Intensive, personal support from our experienced Affiliate team
- Attractive commission model
- Fast and easy payment of commission
- No negative carry-over (except for high-rollers)
- Process transparency and reliability
- An innovative and fair sportsbetting offer with engaged and loyal customers
- Access to the latest Advertising Materials and continuous development of the range
II. About Betago
- Betago Limited (hereinafter referred to as “Betago”) is a company with its registered office in Malta which allows online users to take part in online sports betting via its domain www.Betago.com. Betago Malta is licensed in Malta by the Malta Gaming Authority (MGA).
III. General Declaration of Consent by the Affiliate Partner
- By agreeing to these General Conditions of Participation on the Affiliate Registration Form, you expressly agree to be bound by all of the conditions of this Agreement.
- By agreeing to these General Conditions of Participation, you confirm that you have independently assessed the worthiness of marketing our Sites or our services.
IV. Conclusion and effective formation of the Agreement
- Betago’s Site contains an Affiliate Registration Form a https://www.betago.com/affiliate/. To become an Affiliate, you must complete the Affiliate Registration Form and you must accept:
- these General Conditions of Participation;
- Betago’s general terms and conditions https://www.betago.com/account/terms_conditions.php; and
- You are obligated to provide accurate and complete information when completing the Affiliate Registration Form, particularly when stating the domain(s) that will be used. Additionally, you are obligated to update this information immediately and without being requested to do so if all or any part of the information provided subsequently changes. For the processing of the data you provide to us, Betago uses a third-party service provided by Arnold Media Ltd., Level 3, Domestica Complex, Valley Road, Msida, MSD 9020, Malta (Netrefer).
- Betago’s policies prohibit and prevent money laundering as well as activities which facilitate money laundering or which finance terrorism or other criminal activities. These policies shall be reviewed and revised at suitable intervals. The Affiliate Partner must observe these policies when performing their activities. Betago will verify your identity as an Affiliate Partner using the information provided by you and by obtaining information from public sources and data. You expressly consent to this.
- Betago reserves the right to request further information and data from you in order to verify your identity as part of the registration process and before it decides to accept or decline your offer to participate in the Affiliate Program and enter into the Agreement, if it considers the provision of such information and data to be reasonably necessary and/or required by law. In this regard, you hereby expressly agree to promptly provide the requested information to the satisfaction of Betago. You acknowledge and agree that Betago has the right to reject a prospective Affiliate’s application to join the Affiliate Program and/or to withhold payments of commission to an Affiliate if:
- the requested information is not provided;
- there is a delay in the provision of the requested information; or
- inadequate or incomplete information is provided.
- Betago shall be entitled to withhold payments of commission until receipt of satisfactory information from the Affiliate or prospective Affiliate as requested under this clause but commissions shall continue to accrue in accordance with the terms of this Agreement during a period of withholding under this clause for up to six (6) months. In case the Affiliate does not provide the requested information to Betago within this six months’ period, this Agreement and the Affiliate’s participation in the Affiliate Program will automatically terminate with immediate effect and all commission payments withheld until then shall
- If you receive confirmation that Betago has accepted your offer to participate in the Affiliate Program, you will also receive the login details for your Affiliate Account. You can access the Affiliate Account in the Affiliate area at https://www.betago.com/affiliate/. The Affiliate Account gives you access to the Advertising Materials, your commission statements and contains information relating to the number of online users who become Acquired Customers through Advertising Materials placed on the Affiliate’s website(s).
- If you are an adviser, manager, member of staff, director or representative of Betago or one of Betago’s partners, or if you work as a supplier or manufacturer of Betago, you may only participate in the Affiliate Program and use the Sites, directly or indirectly, to the extent required in order to fulfil your activities as an employee or service provider of Betago. Relatives of employees or service providers of Betago are not authorised to participate in the Affiliate Program or to use any of the Sites, directly or indirectly. For clarity, the restrictions set out in this clause are not absolute and may be waived by way of a special agreement, provided such agreement is in writing and signed by the relevant parties.
- Acceptance of your offer to participate in the Affiliate Program is subject to Betago approving the design and content of the prospective Affiliate’s website. Betago reserves the right to decline any offer to participate in the Affiliate Program if it is not satisfied with the design and content of your website. Alternatively, Betago may make its acceptance to such offer conditional on you removing and/or modifying the design and content of your website to Betago’s satisfaction.
V. Subject of the Agreement
For the purpose of this Agreement, you shall render marketing services as an independent contractual party.
- Nothing in this Agreement shall create a partnership, joint venture, franchise arrangement, employment relationship or a relationship of principal and agent between you and Betago and you shall not represent yourself as the agent, representative, employee/employer or partner of Betago. You do not have the right, authority or power to enter into any arrangements or to assume obligations or liabilities of any kind for or on behalf of Betago, or to bind Betago in other ways.
- This Agreement is not exclusive for either Party and the Parties may enter into other agreements for the provision of advertising services with third parties as they see fit, provided the Parties comply at all times with the terms of this Agreement.
- The rights and obligations of each Party under this Agreement are described in greater detail below under Sections VI and VII.
- By agreeing to these General Conditions of Participation, you confirm that you are acting on your own behalf and not for the benefit of any other person.
VI. Rights and obligations of Betago
- Betago gives you access to your password-protected Affiliate Account. Within the password-protected Affiliate Account, you will find all Advertising Materials and necessary information for proper Implementation. This includes banners, graphics, texts and other marketing materials. You are also given access to all commission-statements relating to revenues generated by you in accordance with the terms of this Agreement.
- Betago has the right to change or restrict the Advertising Materials at any time with immediate effect or to provide new Advertising Materials.
- Betago shall bear all of the costs of the graphical creation and design of all of the Advertising Materials that it provides. You shall bear the costs of the Implementation of the Advertising Materials.
- Betago shall keep a record of:
- all online users who become Acquired Customers through Advertising Materials Implemented on the Affiliate’s website(s); and
- the revenues generated by the Affiliate’s Acquired Customers by assigning an Affiliate ID Tracker to such Acquired Customers.Betago shall calculate the net revenue of Acquired Customers and the commission payable to the Affiliate (please refer to Section IX (Commission) below for further details about how net revenue and Affiliate commission payments are calculated). Betago shall provide the Affiliate, as far as reasonably possible, with monthly statistics relating to the Affiliate’s Acquired Customers. For the avoidance of doubt, Betago shall be exclusively responsible for rendering all customer services associated with transaction processing for Acquired Customers.
- Any person who wishes to register as a customer of Betago for the purposes of sports betting shall be required to agree to the general terms and conditions of Betago. This condition also applies to any person directed to the Sites of Betago by clicking on Advertising Materials implemented by an Affiliate. Betago reserves the right to decline any person from registering as a customer for whatever reason. In addition, Betago may:
- refuse specific bets placed by an Acquired Customer;
- limit the value or number of bets placed by an Acquired Customer; or
- suspend or close an Acquired Customer’s accounts, at any time and at their sole and absolute discretion without Betago incurring any liability to the Affiliate.
- Betago reserves the right to occasionally contact you by email to inform you of: promotions, changes to the General Conditions of Participation or other information important to you. Unless you advise us in writing to the contrary, you shall be deemed to have agreed to participate in such promotions. The terms and conditions of any such promotions which you participate in shall form part of this Agreement for the duration of the relevant promotion.
- Betago reserves the right to use any and all available means to block, restrict, remove, withhold or withdraw specific new customers, deposits or gambling patterns relating to your Affiliate ID Tracker at its own discretion. Betago shall also be entitled to prevent the registration of possible new customers and/or prospective Affiliates in order to reduce the number of fraudulent or non-profitable transactions or for any other reason without any liability to the Affiliate. Betago neither guarantees nor warrants the consistent application and/or success of any fraud prevention measures it adopts.
- You agree that Betago may enter into marketing agreements with third parties at any time (directly or indirectly) and on such terms as it thinks fit. Such third parties may pursue similar business activities to you or may even be in competition with you. You further agree that Betago may, at its own discretion, redirect electronic traffic and users from one site to another online site which appears to be suitable, without this giving rise to any financial claims on your part.
- Betago reserves the right to perform regular checks and to request certain information in relation to your website or mobile App, the Implementation of Advertising Materials and/or the performance of your obligations under this Agreement generally (including without limitation, your compliance with any laws and regulations to which you may be subject). You consent to this and you agree to cooperate and to promptly provide such assistance and/or information which Betago may reasonably require from time to time in connection with the exercise of its rights under this clause.
- Betago shall have the right to request you to remove or modify any content on your website which any Betago Company disapproves of. Betago shall be entitled to withhold commission payments to you until the relevant content has been removed or modified. If you fail to remove or modify such content within fourteen (14) days of Betago sending you a notice requesting the removal or modification of such content, Betago shall have the right to terminate this Agreement with immediate effect and with no liability to you (other than in respect of any unpaid commissions which you are entitled to on or before the termination date or as may otherwise have been agreed between you and Betago in writing).
- Without prejudice to the rights or claims of Betago under this Agreement or otherwise, Betago has the right to offset payments which would otherwise be payable to you in accordance with this Agreement against your liabilities towards Betago, including claims by Betago against you which arise from a breach of this Agreement by you or otherwise.
VII. Rights and obligations of the Affiliate Partner
- By Implementing the Advertising Materials on your website, you enable users of your website to directly access a Site by clicking on the corresponding Advertising Material, to open an account and to use such account to place bets and to take part in casino games or other bets and games.
- You operate your website(s) in your own name and are not restricted in your power of disposal. If you sell any domain(s) registered to your Affiliate Account, you shall no longer be entitled to receive commission for revenue generated by any persons that have or may become Acquired Customers by reason of being directed to one of Betago’s Sites via that domain(s). The purchaser of the domain(s) shall not be entitled to any commission under the Affiliate Program unless it separately registers as an Affiliate and uses the purchased domain(s) to provide marketing services for Betago’s Sites in accordance with the terms of this Agreement or such other terms which may be agreed between the purchaser and Betago. If you sell any domain(s) which are registered to your Affiliate Account at any time during the term of this Agreement, you must inform Betago of this immediately by sending a notice to [email protected] and you shall remove such domain(s) from the list of domain(s) that are registered to your Affiliate Account and which are used to promote the Betago Sites in accordance with the terms of this Agreement.
- By Implementing the Advertising Materials into your website, you are promoting the Sites of Betago and attracting potential customers. Although Advertising Materials shall be supplied by Betago, you alone are exclusively responsible for the content, nature and method of the marketing activities on your website. You agree to comply with any instructions and requirements relating to the promotion and marketing of the Sites which are notified to you by Betago from time to time.
- The Advertising Materials may not be modified in any way without the prior written approval of Betago. You shall use the Advertising Materials solely in accordance with the conditions of this Agreement and with applicable laws.
- You are responsible for the correct Implementation of the Advertising Materials into your website. You shall only Implement the latest version of the Advertising Materials provided by Betago in your password protected Affiliate Account. Otherwise, no guarantee can be provided for the correct recording and settlement of Acquired Customers and/or the bets they have placed, games they have played or revenue they have generated.
- You are also responsible for the development, operation and maintenance of your website and for all material (except the Advertising Materials) which is featured on your website. You are responsible for ensuring that your website does not feature any Inappropriate Content. In this regard, you shall indemnify and hold Betago harmless in respect of any and all direct and indirect costs, losses, damages, claims, expenses and other liabilities (including reasonable legal and professional costs) which Betago may incur as a result of your breach of this clause.
- You hereby expressly agree that:
- the material displayed on your website does not and shall not infringe on any third-party rights or breach applicable laws (including but not limited to copyright and trademark laws and general rights to privacy);
- the material displayed on your website is not and shall not be offensive or defamatory or unlawful in any other way;
- you do not advertise our websites with mass or unsolicited e-mails or other messages such as SMS or otherwise engage in so-called “spamming” of persons;
- you do not advertise Betago websites in any way that violates applicable law and in particular the provisions of Section XIV (Data Protection and Privacy).You shall indemnify and hold Betago harmless from and against any and all direct and indirect costs, losses, damages, claims, expenses and other liabilities (including reasonable legal and professional costs) which Betago may incur as a result of your breach of this clause.
- Except in the case of an employee or adviser whose responsibilities include Implementing or assisting you Implement the Advertising Materials into your website, you shall not give friends, advisers, representatives, relatives or employees access to your Affiliate Account. You shall not fraudulently, dishonestly or in default of this Agreement, seek to increase the amount of any commission payments to be made to you under the Affiliate Program or to cause Betago harm or loss in another way. You shall not engage in brand bidding or ad-hijacking (e.g. manipulation of AdWord advertisement). If you breach this clause, Betago shall be entitled to terminate the Agreement with immediate effect and without any liability to you. Additionally, you shall reimburse Betago any commissions paid to you in breach of this clause and you agree to indemnify and hold Betago harmless in respect of all direct and indirect costs, losses, damages, expenses, claims and other liabilities (including any reasonable legal and professional costs) which Betago may incur as a result of your breach of this clause.
- You shall not do anything through your acts and/or omissions which may cause any Betago Company to infringe or breach the rights of or obligations owing towards any third party.
- You are required to refer a minimum of 1 New Customer per month in each and every twelve-month period you are a member of the Affiliate Program and this is a material term of the Agreement. Betago reserves the right to amend this minimum New Customer requirement in relation to individual Affiliates upon reasonable notice to such Affiliates.
- You shall not open more than one affiliate account without our prior written consent, nor will you earn commission on your own or related person’s Betago sports account. The program is intended for professional website publishers.
VIII. Commercial property rights
- On formation of the Agreement in accordance with Section IV.1, Betago grants the Affiliate a non-exclusive, non-transferable, revocable, royalty free licence to use Betago’s Intellectual Property Rights in the Advertising Materials for the sole purpose of enabling the Affiliate to perform its obligations under this Agreement. This licence cannot be assigned, sub-licensed or otherwise transferred. This licence shall expire and be revoked automatically on termination of the Agreement.
- You acknowledge that Betago holds all of the Intellectual Property Rights in and to the Advertising Materials and the Sites and that such Intellectual Property Rights shall remain the sole and exclusive property of Betago. Other than a right of use as set out herein, you shall not acquire any rights in or to any of Betago’s Intellectual Property Rights under this Agreement. All goodwill arising out of the Affiliate’s use of Betago’s Intellectual Property Rights shall inure solely to the benefit of Betago.
- You shall not use any domain names, signature features, brand names or trademarks which either feature the trademarks or other Intellectual Property Rights of Betago or which could lead to confusion due to their similarity with the trademarks or other Intellectual Property Rights of Betago, except as expressly permitted under this Agreement or as may otherwise be agreed in writing with Betago.
- You shall not register or attempt to register any domain names, signature features, brand names or trademarks which feature the trademarks or other Intellectual Property Rights of Betago, or which could lead to confusion due to their similarity to the trademarks or other Intellectual Property Rights of Betago.
- You acknowledge and agree that the Affiliate Account and Affiliate ID Tracker assigned to you is intended for your sole and exclusive use and that you may not assign, transfer or sub-license any Affiliate Account, Affiliate ID Trackers, bonus codes or earnings to third parties unless Betago has given its prior written approval.
- You agree to indemnify and hold Betago harmless in respect of all direct and indirect costs, losses, damages, claims, expenses and other liabilities (including any reasonable legal and professional costs) which Betago may incur as a result of your infringement or unauthorised use of Betago’s Intellectual Property Rights.
- The Affiliate shall receive a performance-based commission for Implementing the Advertising Materials into the Affiliate’s website(s). The performance-based commission shall be a percentage of the total net revenue generated by Acquired Customers on the Betago Sites. Unless otherwise agreed with Betago, for each calendar month of the term (but subject to the other provisions of this Agreement) we will pay the Affiliate a percentage of the net revenue of all players referred by the Affiliate (as logged by us via tracking links) in accordance with the following scale:
- Net Revenue between EUR 0.01 and EUR 3,000: 30% of the net revenue of all Referred Players;
- Net revenue between EUR 3,000.01 and EUR 15,000: 35% of the net revenue of all referred Players,
- Net revenue over EUR 15,000,01: 40% of the net revenue of all referred Players.We reserve the right to change this model at any time by following the contract change procedure set forth in Section XVII (Amendments to the General Conditions of Participation).
- Notwithstanding the foregoing, Betago may, in its sole and absolute discretion, agree to pay to the Affiliate a performance-based commission based on a different percentage rate of the total net revenue generated by Acquired Customers on the Betago Sites. To the extent that Betago agrees to pay the Affiliate a different percentage rate for the performance-based commission, such percentage rate shall only: (i) apply to new Acquired Customers assigned to the Affiliate Account; and (ii) be applicable for a period of two (2) years from the date on which a online user becomes a new Acquired Customer (the “Special Commission Period”). Following the expiry of the special commission period in relation to each newly referred customer, the valid commission regulation or standard scale shall apply again. The applicable percentage rate relating to the performance-based commission for Acquired Customers shall be reflected and set out within the Affiliate Account. Betago reserves the right to enter into individual arrangements with Affiliates by way of the contract alteration procedure set out in Section XVII (Amendments to the General Conditions of Participation).
- The total net revenue for Acquired Sports Betting Customers is calculated based on Betago’s individual business divisions as follows:
- Bets settled with Betago less distributed profits, cancelled bets, refunds, granted customer bonuses, special payments, reasonable marketing, administrative and compliance monitoring costs, the costs of payment interfaces and damages from chargebacks in the case of payments by credit card, other payment interfaces, betting taxes and tax.
- In the event that the total net revenue from your referred customers is negative for a given month, the negative balance will be reset at the end of that month to zero and will not be carried over to the following month.
- The following High Roller Policy shall apply under the Affiliate Program. If in any given calendar month, a player from any Affiliate generates negative commissionable revenue of at least EUR 10,000 (ten thousand Euro) then such player shall be deemed to be a high roller (“High roller(s)”). In calculating Commission for High Rollers; where commission earned by an Affiliate in relation to a High Roller(s) results in a negative amount in any calendar month then we shall have the right to carry forward any such negative amounts and the negative amounts will be applicable to and set off against any future commission payable to you in relation to the High Roller(s) until the negative balance has been fully set off against future positive commission. If any High Roller(s) has a negative commissionable revenue in excess of EUR 10,000 (ten thousand Euro) in the last calendar month prior to the current unbilled calendar month then this negative commissionable revenue will be considered as negative carryover and used to calculate Commission for the current unbilled calendar month. The determination of the criteria to categorize a Customer as “High Roller” shall be in Betago’s sole discretion, and Betago’s sole responsibility in this regard shall be to advise the Affiliate of the categorisation of any Customers referred by the Affiliate as the same by way of amendment to these terms and conditions.
- The performance-based commission shall be calculated at the end of each calendar month and paid by the 20th of the following calendar month using the payment method specified in the affiliate registration form, provided that a minimum commission of EUR 50 has been reached. If the minimum commission is not achieved in a calendar month, the commission will be carried forward to the following month or months until the threshold of EUR 50 is reached.
- We shall not be liable in any way for late payments due to technical, third party or other unforeseen events, although we will endeavour to process the commissions Affiliates have earned in the previous calendar month by the 20th of the following month.
- Payment will be made using the payment method the Affiliates chose when they registered. They can choose from this selection:
- Skrill (Moneybookers);
- Bank transfer.
- Betago reserves the right to amend the available payment method(s) at any time. Commission payments shall be made solely in euros. You shall bear any bank charges which are incurred on transfer and/or cancellation by the recipient bank due to incomplete or incorrect information.
- Betago reserves the right to withhold any payment to you if
- incomplete and/or incorrect bank details have been provided;
- Betago has reasonable grounds to believe that there is a risk of fraud; and/or
- investigations are ongoing in relation to any actual or potential fraud or other unlawful conduct on your part (whether such investigations are being conducted by Betago or by a law enforcement or regulatory authority in any applicable jurisdiction).
- The performance-based commission compensates you fully for all services performed and expenses incurred under this Agreement. You shall only be entitled to claim for the reimbursement of expenses and costs in addition to the performance-based commission (e.g. costs and expenses incurred for performing additional advertising activities for Betago), with Betago’ prior written agreement.
- On termination of the Agreement, Betago shall (before the 20th of the next calendar month after the month in which the Agreement terminates) pay the Affiliate the unpaid performance-based commission which the Affiliate is entitled to on or before the date of termination. Except as expressly set out in this clause, the Affiliate shall not receive or be entitled to receive any further payments of commission from Betago following the termination of the Agreement.
X. Duration and termination of the Agreement
- This Agreement shall enter into force on the day on which your registration for the Affiliate Program is accepted in accordance with Section IV.1 and shall remain in force until it is terminated by either Party in accordance with the terms of this Agreement.
- You may terminate this Agreement on fourteen (14) days’ prior written notice, with or without cause, by sending a notice of termination by email to [email protected]. On termination of this Agreement, your participation in the Affiliate Program will also end.
- Betago may:
- terminate this Agreement;
- suspend your Affiliate Account; or
- deactivate any Affiliate ID Trackers (and thus not terminate the Agreement in its entirety),on fourteen (14) days’ prior written notice, with or without cause, by sending you notice of termination, suspension or deactivation (as the case may be) by email. To do so, Betago will use the email address provided by you in your Affiliate Registration Form or such other email address which you notify Betago of in writing. If the Agreement is terminated, Betago will have the right to automatically close your Affiliate Account and deactivate any Affiliate ID Trackers linked to or associated with your Affiliate Account. On termination of this Agreement, you will receive no further commission payments from Betago (other than in respect of any unpaid performance-based commission which you are entitled to on or before the date of termination, as described in Section IX.8). If an Affiliate ID Tracker is deactivated (other than as a result of termination of this Agreement), you will receive no further Affiliate commission payments that would otherwise have been generated via such Affiliate ID Tracker. This will not however impair the functionality of your other Affiliate ID Trackers.
- In addition to the termination rights set out in the foregoing Sections of this Agreement, Betago reserves the right, at its own discretion, to terminate the Agreement and/or deactivate any Affiliate ID Trackers or to suspend your Affiliate Account with immediate effect if:
- your website is designed in such a way that it poses a risk of confusion with website of Betago, or gives the impression that your website is fully or partly operated by Betago;
- you are using the names of Betago or other possible designations or trademarks or other Intellectual Property Rights belonging to Betago other than for the purposes of Implementing the Advertising Materials into your own website;
- you are offering customers reimbursements, bonuses, discounts or other gratuities for registering on the website www.Betago.com or any of the other Sites;
- you are displaying, on your website, advertisements and/or other communication content which contains illegal or incorrect information or is related to any illegal activity, that could be harmful to Betago’s business;
- you are consciously participating in the distribution of undesirable advertisements (e.g. spam);
- you are not observing any compliance guidelines and policies provided or made available to you by Betago from time to time;
- your website, or parts thereof, turns out to contain either Inappropriate Content or other content which any Betago Company disapproves of and you fail to remove such content pursuant to a notice serviced on you in accordance with Section VI.10;
- you fraudulently, dishonestly or in default of this Agreement, seek to increase the amount of any commission payment to be made to you under this Agreement or if you breach any of the other terms set out in Section VII.10. This includes, but is not limited to, collusive behaviour, the creation of betting accounts with false details and the exploitation of marketing promotions;
- you have provided or are providing incomplete or incorrect information during the Affiliate registration process or in relation to your Affiliate Account; or
- you cause any Betago Company to infringe or breach the rights of or obligations owing towards any third-party contrary to Section VII.11.
- you are Insolvent;
- you commit a material breach of the Agreement which leads to a loss of confidence between you and Betago;
- there is a full, partial or significant suspension of the business activities of Betago in any jurisdiction (including for the avoidance of doubt but not limited to any full, partial or significant suspension of Betago’s activities within the online sports betting markets) for an actual or foreseeable duration of more than four (4) weeks due to events or circumstances which are: (i) beyond Betago’s reasonable control and (ii) not attributable to any acts or omissions of Betago;
- the refusal by any governmental, regulatory or other competent authority to grant or renew any necessary official permissions, licences or authorisation which the Affiliate may from time to time require for the purposes of or in connection with carrying out its business activities or the termination, discontinuation or suspension (whether full or partial) thereof for whatever reason;
- the Affiliate disposes of all or a substantial part of its assets or business operations or makes changes to its company structure which results in or involves the transfer of more than 25% of the voting rights in the Affiliate to one or more third parties who were not shareholders of the Affiliate upon acceptance of the Affiliate’s offer to participate in the Affiliate Program;
- Betago disposes of or ceases to carry out all or a substantial part of its business within the online sports betting market; or
- Betago has reasonable grounds to suspect that any of the events described in this Clause X.4 may or are likely to occur.Betago shall have the right to withhold any commission payments during any period of suspension of your Affiliate Account or deactivation of Affiliate ID Trackers. If the suspension is lifted, the withheld commissions shall be paid within thirty (30) days thereof.
- On termination of the Agreement:
- you must remove all of the Advertising Materials from your website(s) and deactivate all links to the Sites;
- you may no longer and shall not advertise or promote any of the Sites;
- all rights and licences granted to you under this Agreement shall automatically expire, be revoked and terminate with immediate effect;
- you shall return all Confidential Information, including copies, in your possession or safekeeping or under your control, and immediately cease all use of Betago’s Intellectual Property Rights (including trademarks and Advertising Materials); and
- Betago shall (before the 20th of the next calendar month after the month in which the Agreement terminates) pay the Affiliate any unpaid performance-based commission which the Affiliate is entitled to on or before the date of termination.Except as expressly set out in this clause or as may otherwise be agreed with Betago in writing, the Affiliate shall not receive or be entitled to receive any further payments of commission from Betago following the termination of the Agreement.
- Following termination of the Agreement, Betago reserves the right to decide at its own discretion to let Affiliate ID Trackers remain active or to redirect or deactivate them, without this giving rise to an obligation on Betago to make payments to you in respect of any online users that subsequently become Acquired Customers.
- Sections XI, XII and XIII together with Clauses VI.11, VIII.6, X.6 and X.8 and such other provisions as may be necessary for the interpretation or enforcement of this Agreement after termination, shall survive any termination or expiry of this Agreement.
- Termination of this Agreement shall not affect any rights, remedies, obligations or liabilities which the Parties have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination.
- Subject to Section XI.2 below, you shall not:
- disclose to any third party; or
- use for any purposes other than to perform your obligations under this Agreement,any Confidential Information which you have obtained as a result of your participation in the Affiliate Program. This clause shall continue to apply after the termination of the Agreement.
- Section XI.1 shall not apply to any Confidential Information that has come into the public domain other than by way of the Affiliate’s breach of the Agreement. You may only disclose Confidential Information:
- to your representatives, agents, consultants, employees or advisors if they have a reasonable need to know the Confidential Information and are bound by a duty of confidentiality similar to that contained in this Agreement; or
- if required to do so by court order or if you are under a legal obligation to disclose the Confidential Information.
- Email addresses and all internal user data may only be used for the purposes of performing your obligations under this Agreement.
XII. Limitation of liability
- Except as expressly stipulated in this Agreement, Betago makes or gives no warranties, representations or assurances whatsoever (whether express or implied by law, statute or otherwise):
- in relation to the Affiliate Program, the Sites or any content, products or services which are available via the Sites or associated with them;
- that Betago’s Sites, systems, networks, software or hardware (including those supplied by third-party providers) will be free from defects and viruses or will enjoy uninterrupted accessibility and functionality; or
- in relation to the quality, fitness for purpose or suitability of the foregoing (partly or completely).There may be times when Betago’s Sites, systems, networks, software or hardware are unavailable or inaccessible due to maintenance, improvement or for any other reason. Furthermore, neither Betago nor any of its third-party service providers are obligated to make redundant systems, networks, software or hardware available to the Affiliate.
- All warranties, representations and implied terms and conditions which are not expressly stipulated in this Agreement are hereby excluded to the maximum extent allowed by law.
- Betago’s obligations under this Agreement shall not give rise to any personal obligations or liability whatsoever on the part of employees, managers, directors, owners, providers of Sites and services or representatives of Betago.
- Betago shall under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for:
- any direct, indirect, special, or consequential loss; or
- any loss of goodwill, profit, revenue, business, data or anticipated savings, in each case regardless of whether Betago has been made aware of the possibility of such loss.Nothing in this Section XII shall seek to limit or exclude liability for any matter in respect of which it would be unlawful to limit or exclude liability.
- Subject to the remainder of this clause, the maximum aggregate liability of Betago to you (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) will be limited to the aggregate performance-based commission generated by you in the last six (6) calendar months from the date of the event giving rise to the liability. However, if this Agreement is terminated for whatever reason within six (6) months from the date on which it came into force in accordance with Section IV.1, Betago’ maximum aggregate liability to you in respect of any claim (howsoever arising) shall be limited to the unpaid performance-based commission which you are entitled to on or before the date of termination. If no such commission remains unpaid, the commission payments made to the Affiliate under this Agreement prior to the date of termination shall constitute full and final settlement of any claim which the Affiliate may have (other than if the claim relates to a matter for which it would be unlawful to limit or exclude liability).
You agree to indemnify and hold Betago, its representatives, employees, agents, directors, officers, shareholders and managers harmless from all direct or indirect costs, losses, damages, claims, expenses and other liabilities (including any reasonable legal and professional costs) which Betago may incur as a result of or in connection with your breach of this Agreement, and in particular (but not limited to) in respect of the matters set out in Section VII.6, VII.7, VII.11 and VIII.6 of these General Conditions of Participation.
XIV Privacy and data protection
- You understand and agree that no personal customer data may be processed on behalf of Betago for the purpose and in relation to this Agreement.
- In view of this and with regard to any data you process, as this process is considered to be entirely outside the scope of this Agreement, you alone determine the purpose and nature of the processing of the data and therefore you are solely responsible for personal data within the meaning of applicable laws.
- You are solely responsible for ensuring that you operate in compliance with applicable EU data protection laws or the laws in which you and Betago are established and for ensuring full compliance with, inter alia, all laws and obligations. For the avoidance of doubt, Betago may under no circumstances be considered as the data controller or processor of personal data for the purposes of this Clause and/or this Agreement.
- You warrant that you will cooperate with Betago fully and promptly if Betago requests information about your privacy practices.
As the person responsible for the GDPR, we only process your personal data, in particular the first and last names of your employees, e-mail addresses, IP addresses and payment details.
XV. Compliance with laws
- You shall at your own expense comply with all laws and regulations to which you may be subject in any applicable jurisdiction that relates to your activities under this Agreement, as they may change from time to time, and with any conditions binding on you in any applicable licences, registrations, permits and approvals. For the avoidance of doubt, this includes, but is not limited to, compliance with the following:
- any advertising and marketing laws (including those relating to the content and nature of any advertising and marketing campaigns and to the promotion of online betting and gambling);
- the advertising guidelines of the German State Gambling Treaty (Gluecksspielstaatsvertrag, GlüStV) and any regulations relating to them which stipulate, amongst other things, that advertisements must not be misleading (in particular they shall not create an inaccurate impression of the chances of winning) and must not be aimed at minors;
- the privacy laws of all jurisdictions to which you may be subject including but not limited to ensuring that the personal data of the referred player: (i) collected in a fair, lawful and transparent manner; (ii) processed in accordance with the provisions of the General Data Protection Regulation (GDPR); and (iii) protected from loss, theft, accidental destruction or unauthorized access by appropriate technical and organizational measures with respect to such personal data.;
- any laws and policies relating to anti-money laundering, counter terrorist financing and proceeds of criminal activity which apply to you or which Betago makes you aware of.
- You acknowledge that gambling laws are subject to different regulations and restrictions from country to country, from Federal state to Federal state and from city to city, and that gambling and offering and providing betting services is completely prohibited in some countries. You confirm that you have independently reviewed and will regularly review the laws applicable to your activities. You warrant and represent that your participation in Betago’s Affiliate Program will not breach any such applicable laws or regulations.
XVI. Amendments to the General Conditions of Participation
- Betago reserves the right to amend these General Conditions of Participation at its own discretion at any time, and:
- to notify you of the amendments by email; or
- to publish the new version of the General Conditions of Participation on the Betago Site.
- Amendments which are necessary to prevent fraudulent activities or to correct contractual errors shall come into force from the date of publication or the sending of a notification (whichever is earlier).
- Subject to Section XVI.2, all amendments to these General Conditions of Participation shall come into force fourteen (14) days after publication or the sending of notification (whichever is earlier). You are responsible for visiting the Betago Malta Site regularly and ensuring that you are aware of the latest version of the General Conditions of Participation and this Agreement. If there are material amendments that are not acceptable to you, you have the right to terminate this Agreement with immediate effect by sending an e-mail containing a notice of termination to [email protected] In the event of minor or inconsequential amendments, you shall not have the right to immediate termination of this Agreement, but this shall not affect your right to terminate the Agreement in accordance with Section X.2 above. Continued participation in the Affiliate Program by you following notification or expiry of this period of fourteen (14) days will be deemed your binding agreement to the amendments.
- Any amendments or supplements to these General Conditions of Participation must be made in writing. No verbal agreements, arrangements or understandings have been made or shall be valid in amending or supplementing the General Conditions of Participation.
XVII. Other provisions
- The Affiliate shall not be entitled to assign, transfer, charge, sub-license, sub-contract, hold on trust for any person or otherwise deal in any other manner with any of its rights or obligations (including for the avoidance of doubt any Affiliate ID Trackers, bonus codes or earnings) under this Agreement without the prior written consent of Betago. Betago reserves the right to assign, transfer, charge, sub-contract, hold on trust for any person or otherwise deal in any other manner with any of its rights or obligations under this Agreement to another Betago Company without your consent. You shall be informed of this promptly and you shall provide all reasonable cooperation and assistance which Betago may require to give effect to any such assignment or transfer.
- This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each Party acknowledges that in entering into this Agreement it has not relied upon any oral or written statements, collateral or other warranties, assurances, representations or undertakings which were made by or on behalf of the other Party in relation to the subject-matter of this Agreement at any time before its signature, other than those which are set out in this Agreement. Each Party hereby waives all rights and remedies which might otherwise be available to it in relation to any such pre-contractual statements.
- The place of jurisdiction for this Agreement (including all versions or amendments) is Malta. This Agreement shall solely be governed by the laws of Malta to the exclusion of any conflict of laws. To settle disputes or clarify issues which arise from this Agreement or its formation, you irrevocably agree to submit to the exclusive jurisdiction of the courts of Malta and to renounce objections to proceedings before courts in this jurisdiction or other jurisdictions which may subsequently arise from the proceedings. Nothing in this clause restricts the right of Betago to initiate proceedings against you before any court with jurisdiction, nor will the initiation of proceedings before one or more competent court(s) render further proceedings before courts with other jurisdictions impossible, whether simultaneously or not.
- As far as possible, all provisions in this Agreement shall be interpreted in such a way that they are effective and valid in accordance with applicable law. Should it emerge that part of this Agreement is invalid, illegal or unenforceable in accordance with applicable law, solely the corresponding part of the Agreement shall be ineffective. The validity and enforceability of the other parts of this Agreement shall not be affected.
- These General Conditions of Participation are available in German and English. Should there be discrepancies between the different language versions of these General Conditions of Participation, the English version shall prevail.
Issue date 06.12.2019