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Whereas:
(a) Centrebet Pty Ltd, an
Australian sports-bookmaker licensed to conduct online betting, and Centrebet Gaming NV (a Netherlands Antilles company
authorised to conduct online gaming), in this document collectively known as “Centrebet”, is offering an Affiliate Program; and
(b) Affiliates may wish to market and promote the Centrebet
casino, poker room, and sports-book and games for reward; then
(c) These terms and conditions govern the relationship between Centrebet and the Affiliate.
The following are the terms and conditions governing the Centrebet Affiliate Program. Please read this
agreement completely.
By submitting the application form or linking to the Centrebet
Site or Sites, you are deemed to have agreed to be bound to the terms and
conditions set out in this agreement.
You can enrol as a member of the Centrebet
Affiliate Program by creating a unique link to a Centrebet
Site using text or one of our banners located on our banner manager library.
Definitions:
- “Advertising Revenue” is
the percentage of Net Revenue due and payable to you, at the end of each
calendar month, calculated according to the amount of wagers made by in
the past month by customers you have referred to Centrebet,
based solely on our systems data, and any one-time payments or customer
acquisition costs as may be applicable.
- “Banners and Text Links”
includes the graphical artwork or text that will be directed to our Sites
to permit a Customer to hyperlink from your website to our Site, as well
as the XML feeds and such other marketing material as is available from
time to time;
- “Centrebet
Sites” mean all related Centrebet
websites available through the Centrebet Affiliates program
- Customer” means a person
that enters a Centrebet Site
via your Tracker(s) and in good faith opens an account and becomes and
active customer.
- “Deposit” means the funds
transferred by Customers to their Centrebet
Site account.
- “Fraud Traffic” means
Deposits or traffic generated at the Site through illegal means or in bad
faith to defraud the system, regardless of whether or not it actually
causes harm. Fraud Traffic includes but is not limited to Spam, false
advertising and unauthorized use of any third party copyrights or
trademarks.
- “Redeem(s)” means any and
all funds withdrawn or cashed-out by Customers from their Centrebet account plus amount pending on the
customers account plus any Deposits reversed (or credits given) by us, in
our sole discretion, to negate fraud, error, Customer non satisfaction or
through charge-backs.
- "Spam" means
emails and messages that meet any of the following definitions:
- An unsolicited
mailing, usually, to many people.
- Contain false or
misleading statements.
- Do not truthfully
identify the source or the originating IP Address and / or the originating
email address.
- Do not contain an
online and real time Remove option.
- “Sub-Affiliates” (or 2nd
Tier) means a 3 rd Party which generates traffic via your dedicated links.
Such Sub-Affiliate is to be a genuine arms-length person.
- “Tracker(s)” means the
unique tracking URL that we provide exclusively to you, during the term of
this Agreement, through which we track your efforts and calculate your
Advertising Revenue.
Our Rights and Obligations:
- Register your customers:
We will register your customers and will track their play. We reserve the
right to refuse customers (or to close their accounts) if necessary to
comply with any requirements we may periodically establish.
- Track your Customers’
Play: We will track your customers’ play and will provide you with remote
online access to reports of customer activity and the Advertising Revenue
generated.
- Pay You Advertising
Revenue: We will pay you Advertising Revenue (defined above) we earn from
customers directed from your site after they open an account with us..
- Modification: We may
modify any of the terms and conditions contained in this Agreement, at any
time and in our sole discretion, by posting a change notice or a new
agreement on our site which we will notify you of. Modifications may
include, for example, changes in the scope of available Advertising
Revenue, fee schedules, and affiliation Program rules.
- IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE (WHICH WE WILL NOTIFY YOU OF)
WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Your Rights and Obligations:
- Linking to our Sites: By
agreeing to participate in this affiliate Program, you agree to create a
unique link from your site to our sites. You may link to us with one or
more of our marketing tools. These are the only methods by which you may
advertise on our behalf. We will terminate this agreement immediately if
there is any form of spamming or if you advertise our sites in any other
unauthorized way. You shall not make any claims, representations, or
warranties in connection with us and you shall have no authority to, and
shall not, bind us to any obligations.
- Agency Appointment: By this
Agreement, we grant you the non-exclusive right to direct customers to our
site and services, in accordance with the terms and conditions of this
Agreement. This Agreement does not grant you an exclusive right or
privilege to assist us in the provision of services arising from your
referrals, and we obviously intend to contract with and obtain the
assistance from others at any time to perform services of the same or
similar nature as yours. You shall have no claims to Advertising Revenue
or other compensation on business secured by or through persons or
entities other than you.
- Approved Layouts: Without
our prior written approval, you will only use our approved marketing
materials and will not alter their appearance. The appearance and syntax
of the hypertext transfer link are designed and designated by us and
constitute the only authorized and permitted representation of our site.
You may only use marketing tools from Centrebet
Affiliate Program (http://www.centrebetaffiliates.com
or http://affiliates.centrebet.com)
banner manager library.
- Good Faith: You will not
benefit from known or suspected traffic not generated in good faith
whether or not it actually causes us damage. We reserve the right to
retain all amounts due to you under this Agreement if we have reasonable
cause to believe that such traffic has been caused with your knowledge.
Even if you have not knowingly generated such traffic, we reserve the
right to withhold Advertising Revenue with respect to such traffic.
- Responsibility for Your
Site: You will be solely responsible for ensuring that materials posted on
your site are not libellous or otherwise illegal. We disclaim all
liability for these matters. Further, you will indemnify and hold us
harmless from all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development, operation,
maintenance, and contents of your site.
- License to use Marks: We hereby
grant to you a non-exclusive, non-transferable license, during the term of
this Agreement, to use our sites intellectual-property marks (licensed, in
turn by us, from their owner) solely in connection with the display of the
marketing materials on your site. This license cannot be sub-licensed,
assigned or otherwise transferred by you. Your right to use the marks is
limited to and arises only out of this license to use the marketing
materials available in our banner manager. You shall not assert the invalidity,
unenforceability, or contest the ownership of the marks in any action or
proceeding of whatever kind or nature, and shall not take any action that
may prejudice our or our licensor's rights in the marks, render the same
generic, or otherwise weaken their validity or diminish their associated
goodwill.
- During the term of this
Agreement, You may be entrusted with confidential information relating to
the business, operations, or underlying technology of our sites and/or the
Affiliate Program (including, for example, referral fees earned by you
under the program). You agree not to disclose any of the same to third
parties nor to make use of any such confidential information unless you
have our prior written consent and You further agree that You will use the
confidential information only insofar as it is necessary to further the
purposes of this Agreement not Benefit from Own Use: You will not
knowingly benefit from any traffic to the Centrebet
sites generated by You in any way whatsoever apart from the activities
authorized by Us in terms of this agreement. THIS PROHIBITION EXTENDS TO
YOUR OWN USE OF THE CENTRBET SITES. ACCORDINGLY, YOU WILL NOT BE ENTITLED
TO MAKE USE OF THE CENTREBET SITES FOR YOUR OWN PERSONAL USE UNDER ANY
CIRCUMSTANCES FOR THE ENTIRE DURATION THAT YOU REMAIN AN AFFILIATE. We
reserve the right to retain all amounts, or a portion thereof that we deem
fit, (including those legitimately generated) due to you under this
Agreement if we have reasonable cause to believe that such traffic has
been generated in breach of this requirement. Liability for Fraudulent
behaviour: Should fraudulent activity (as assessed by us in our sole
discretion) occur from a Customer directed to a Centrebet
site as a result of your marketing efforts, we retain the right to retract
the commissions paid to you at any time in respect of such Customer. Our
decision in this regard will be final and no correspondence will be
entered into.
Restrictions on Age and Countries:
- You need to be 18 years of
age or over to be a member of Centrebet Affiliates.
- No marketing may be
directed for any Centrebet
sites at the United States of America
or Turkey.
Customers are not accepted from the United
States of America or Turkey and accounts opened in
breach of Registration Conditions will be closed.
- Centrebet
Poker, Centrebet Casino and Centrebet games are not permitted to offer
games to persons present in Australia.
- Centrebet
Poker and Centrebet Casino are not permitted to offer
games to persons present in Antigua and Barbuda,
the Netherlands Antilles, Israel,
Cyprus, Estonia, Hong Kong, Turkey
or the United States of
America. No entitlement to Advertising
Revenue arises with any casino or poker play by customers from those
mentioned countries.
- Centrebet Poker and Centrebet Casino are not permitted to offer casino or poker games to persons present in Bulgaria. No entitlement to advertising revenue arises with any casino or poker play by customers present in Bulgaria.
Fees:
- Fee Payment: Net Revenues is defined as follows: All gross monies received by us in respect of all settled bets made by Customers after deducting; (i) monies paid out to Customers as winnings; (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) (iii) bad debts; (iv) fraud; (v) returned stakes; (vi) transactions which are reversed by instruction from the card-holder's bank (commonly referred to as charge-backs); and (vii) voids and (viii) free bet/deposit bonuses and processing fees.
- We will pay you Advertising Revenue on the 12th day of each month, but not less than $100 per payment. If you fail to achieve the amount of $100 Advertising Revenue on a certain month, the earned amount will be forwarded to the next calendar month.
- If your account is in a negative position (e.g. because customer winnings have exceeded customer losses) the negative position will be carried over into the following month(s). Advertising Revenue will be based upon our good faith calculation based on our statistics.
- You will earn revenue from
earnings generated from customers you refer for such time as this
Agreement between us remains in place Your entitlement to Advertising
Revenue will be calculated in accordance with the relevant earning model
and fee structure, as displayed on the Centrebet Affiliates website.
- Entitlement to Revenue:
You will be entitled to Advertising Revenue from Customers only for such
time as this Affiliate Agreement between us remains in place.
- Charge-backs:
Charge-back" means the successful dispute of a purchase transaction
by a Customer, bank, or processing institution resulting in the reversal
of the purchase by such Customer The entire charged back amount would be
deducted from your payment or the reserved funds. Charge back fees will be
paid to CC companies and will be administered by Centrebet.
If a charge back or credit occurs during the fee payment-processing period
(12 business days), we reserve the right to deduct the associated fees
from the owed Advertising revenues.
- Fee Payment: We will pay
you Advertising Revenue on the 12th day of each month, but not less than
$100 per payment. If you fail to achieve the amount of $100 Advertising
Revenue on a certain month, the earned amount will be forwarded to the
next calendar month. If the account is in a negative position (e.g.
because customer winnings have exceeded customer losses) the negative
position will be carried over into the following month(s). Advertising
Revenue will be based upon our good faith calculation based on our
statistics.
- Exceptions to the Rule of
Deposits and Play and Revenue Generation by the Centrebet
Affiliate, Affiliate Relative(s), Affiliate Friend(s). Centrebet Affiliates
reserves the right not to pay an affiliate partner for any activity on
their account that was generated by: The Affiliate; Relatives of the
Affiliate (IE Wife; Son; Daughter; In Laws: Aunt, Uncle); Friends in the
case where geographic and demographic repetitive occurrences relative to
the Affiliate that would allow the visible understanding and to ascertain
a basis of collusion to constitute fraudulent activity to network,
perpetrate, and to create "false" deposits to make them appear
as "real" deposits in the Affiliate Program to receive the
monetary gain in and from the Centrebet
Affiliate Program.
Term and Termination:
- The term of this Agreement
will begin when you create a unique link to our site and will be
continuous unless and until either party notifies the other in writing
that it wishes to terminate the Agreement, in which case this Agreement
may be terminated immediately.
- TERMINATION IS AT WILL, FOR
ANY REASON, BY EITHER PARTY. For purposes of notification of termination,
delivery via e-mail is considered a written and immediate form of
notification.
- WE MAY TERMINATE THIS AGREEMENT
IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
Unsuitable sites include those that: are aimed at children, display child
pornography or other illegal sexual acts, promote violence, promote
discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age, promote illegal activities, violate
intellectual property rights.
- Commercial Use Only: This
Marketing opportunity is for commercial use only, and you, your family
members, friends; associates may not make Deposits, directly or
indirectly, through your Tracker for your own personal use or to
fraudulently increase the Advertising Revenue payables to you. If you wish
to make test transactions to evaluate the system, including Deposits,
please contact affiliates@centrebet.com so we can refund the charges once
you have completed your testing. Transactions made in violation of this
provision will be deemed Fraud Traffic and we will deduct such Deposits or
traffic from your Advertising Revenue.
Indemnity - You shall defend, indemnify, and hold Centrebet Affiliates
(and other Centrebet companies and sites, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:
- Any breach by you of
any warranty, representation, or agreement contained in this Agreement.
- The performance of
your duties and obligations under this Agreement
- Your negligence or
any injury caused directly or indirectly by your negligent or intentional
acts or omissions, or the unauthorized use of our banners and link or
this Affiliation Program.
Disclaimers: - We make no express or implied warranties or
representations with respect to the Centrebet
Affiliate Program, Centrebet
websites or marketing fee payment arrangements (including, without limitation,
their functionality, warranties of fitness, merchantability, legality,
non-infringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage).
- In addition, we make no
representation that the operation of our site will be uninterrupted or
error-free and will not be liable for the consequences of any
interruptions or errors.
Relationship of Parties:
- You and we are independent contractors, and
nothing in this Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between the
parties. You will have no authority to make or accept any offers or
representations on Centrebet’s
behalf. You will not make any statement, whether on your site or otherwise,
that reasonably would contradict anything in this paragraph.
Sub affiliates (2nd tier):
- Sub Affiliates are totally
obligated to these terms and conditions, and you will be held fully
responsible for their activities. We will make payments to you and your
sub affiliates separately. We will not be held responsible for any dispute
between you and your sub affiliates.
Limitation of Liability:
-
We will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits, or data) arising in
connection with this Agreement or the Affiliate Program, even if we have been
advised of the possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement and the Program will not exceed the
total Advertising Revenue paid or payable to you under this Agreement. Nothing
in this Agreement shall be construed to provide any rights, remedies or
benefits to any person or entity not a party to this Agreement. Any liability
arising under this Agreement shall be satisfied solely from the marketing fee
generated and is limited to direct damages.
Independent Investigation:
- YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS
AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR
COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THIS AFFILIATION PROGRAM AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous
- Affiliates offering any
so-called rake-back schemes or similar promotions that offer or allow a
proportion of the players rake to be returned to the player in any form
will be banned from sending traffic to Centrebet.
Centrebet will have the right
to deduct money from the affiliate for traffic deemed to have been
referred through "fraudulent means" and the affiliate’s account
will be frozen.
- Governing Law: The laws of
the Northern Territory of Australia govern this Agreement. Any action
relating to this Agreement must be brought in the Northern Territory of
Australia and you irrevocably consent to the jurisdiction of its courts.
- Non-Waiver: Our failure to
enforce your strict performance of any provision of this Agreement will
not constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement. None of our employees,
officers or agents may verbally alter, modify or waive any provision of
this Agreement.
- Remedies: Our rights and
remedies hereunder shall not be mutually exclusive, i.e., the exercise of
one or more of the provisions of this Agreement shall not preclude the
exercise of any other provision. You acknowledge, confirm, and agree that
damages may be inadequate for a breach or a threatened breach of this
Agreement and, in the event of a breach or threatened breach of any
provision of this Agreement, the respective rights and obligations of the
parties may be enforceable by specific performance, injunction, or other
equitable remedy. Nothing contained in this Agreement shall limit or
affect any of our rights at law, or otherwise, for a breach or threatened
breach of any provision of this Agreement, it being the intent of this
provision to make clear that our respective rights and obligations shall
be enforceable in equity as well as at law or otherwise.
- Waiver: Whenever possible,
each provision of this Agreement shall be interpreted in such a manner as
to be effective and valid under applicable law but, if any provision of
this Agreement is held to be invalid, illegal or unenforceable in any
respect, such provision will be ineffective only to the extent of such
invalidity, or unenforceability, without invalidating the remainder of
this Agreement or any provision hereof. No waiver will be implied from
conduct or failure to enforce any rights and must be in writing to be
effective. IN WITNESS WHEREOF, you expressly agree to the terms and
conditions of this Agreement by downloading our banner and creating a link
from your site to ours.
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