Affiliate Program Terms and Conditions
The following are the terms and conditions of your agreement to become a member of the GoldBet Affiliate Program. By applying to be an affiliate and placing a link to GoldBet from your website, you agree to be bound by all the terms and conditions set forth in this agreement.
This Agreement replaces all previous terms and conditions relating to the Affiliate Program or any previous affiliate program offered by GoldBbet. You agree that this Agreement supersedes all previous agreements you have had with GoldBet or any Group Company.
By agreeing to participate in the GoldBet Affiliate Program, You (Affiliate) agree to actively and effectively advertise and promote the Company Websites in order to maximize the benefit to the Parties and that you will abide with the guidelines of the Company as may be forwarded from time to time and/or accessible online.
You will create a unique link from your site to GoldBet. The form of such link must be approved by GoldBet, or by its agent. You shall not make any claims, representations, or warranties in connection with GoldBet, and you shall have no authority to, and will not, bind GoldBet to any obligation without first obtaining written permission from GoldBet or its authorized agent.
You will have access to all marketing material containing a unique affiliate code. When a potential customer links to GoldBet's website, they receive a cookie on their computer with your code. This code will generally stay on their computer for 30 days unless removed. If the customer leaves the site and returns while the cookie is active they will be recognized as your referral. When they register at GoldBet during this time period, your customer's account will be tagged with your code. GoldBet is not responsible for any problems or errors with the process of tagging an account with your code.
You will be solely responsible for the development, operation and maintenance of your site and for all materials which appear on your site at your own risk, cost and expense.
2) Acceptance of Affiliate
The Company shall evaluate the Affiliate Application hereby submitted and shall notify the Affiliate in writing (email) whether the Affiliate Application is accepted or not. The Company reserves the right to refuse any registration at its sole and absolute discretion.
3) License to use the mark
The Company hereby grants you a non-exclusive, non-transferable license, during the term of this agreement, to use the GoldBet Intellectual Property Rights provided by GoldBet solely for your internal business purposes in connection with the promotion of GoldBet.com in accordance with such other limitations and restrictions as set out in this Agreement:
- 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 GoldBet.com material;
- 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 rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill;
- You are not entitled to use your website in a way so that there is the risk of confusion with the website of GoldBet or in the way that gives the impression that it is or it belongs, in whole or in part, to GoldBet unless you have prior written permission from GoldBet which can be revoked anytime at its sole discretion. In particularly but not limited to, you shall not use designations or designs which are similar to those of GoldBet;
- You shall not edit, alter or amend any marketing, promotional and/or creative materials which have been produced by or on behalf of GoldBet;
- You shall not block, alter, direct or redirect, substitute, insert or append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from an affiliate webpage (including without limitation any return visit to GoldBet.com to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an affiliate or increasing any payment obligation of GoldBet.com with respect to any individual transaction;
- You shall not use or distribute software downloads that potentially enable diversions of commission from other affiliates in our program;
- You shall refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of GoldBet or GoldBet Group, or any other name that could be understood to designate GoldBet or GoldBet Group;
- 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 and which are identical or similar to any of GoldBet's trademarks or otherwise include the word "GoldBet" or variations thereof, or include keywords on the Partner Site which are identical or similar to any of GoldBet’s trademarks;
4) Responsibilities and Obligations of the Affiliate
You warrant and undertake:
- to have full capacity and authority to enter into this Agreement and to provide true and complete information to GoldBet that may be associated with this Agreement at all times including but not limited to, your identity, contact information, payment instructions, and any other information that GoldBet may reasonably request from time to time;
- that all information you provided in your Application is correct and that you will notify GoldBet promptly of any changes;
- to not allow anyone else to use your login and password details for the Affiliate Program Site;
- to have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this Agreement and that you will fully comply with all applicable laws and regulations including any advertising codes;
- to use all reasonable endeavors to display the Links and Code on the Internet Site without interruption for the duration of this Agreement;
- to ensure that all communications originating from you relating to GoldBet make it clear that such communications are sent by and on behalf of you (and not from or on behalf of GoldBet);
- to not replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the web users (or Customers) online access, view or usage of, or other aspect of the web users online experience at any affiliates webpage in a manner that causes or otherwise results in a different experience from that which was otherwise intended by such affiliate;
- That neither you nor your Immediate Family may become Players and you shall not be entitled to receive any payment under this Agreement in relation to such person;
- to not directly or indirectly offer any potential Player any incentive (including payment of money or other benefit) to use their Tracking Code;
- to not encourage or assist any Players to breach any terms and conditions agreed to when opening an account with GoldBet;
- to not promote GoldBet and/or create pages using GoldBet brand in any social media (such as, but not limited to, Facebook, Google +, Twitter…);
You further represent, warrant and undertake to:
- not place any Links on any part of the Internet Site which may be aimed at people under 18 years of age;
- not show on your website materials which violate the rights of third parties (including copyrights and trademark rights, the general right to privacy or other rights) and are offensive or defamatory or otherwise unlawful, otherwise shall indemnify and hold harmless the GoldBet in this respect;
- not show on your website representations of violence, contents of a clearly sexual nature or discriminating statements or representations based on race, sex, religion, nationality, disability, sexual orientation or age;
- not use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Customer to the Company;
- that the activities and the site will comply with all legislation, regulations and codes of practice in the jurisdiction that it is operating from and any other jurisdiction in which it should operate and in any case to not target any jurisdiction where gambling and promotion thereof is illegal;
GoldBet disclaims all liability for these matters.
GoldBet has the right to monitor at no charge the Affiliate’s website to ensure Affiliate is complying with the terms of this Agreement.
GoldBet may at its sole discretion, with or without notice, use any available means to block or restrict certain players, sign ups, deposits or play patterns so as to reduce the number of fraudulent, unprofitable transactions or for any reason whatsoever, including but not limited to daily or monthly purchase limits, address verification or negative and positive credit card databases. GoldBet does not guarantee or warrant the success of such fraud prevention efforts.
Affiliates found in breach of this Agreement, will be subject to immediate removal from the Affiliate Program and they will forfeit all payable commissions.
5) Commission, Payment and Terms
Modifications to the fee schedule are effective when made, notwithstanding failure to notify any person. IF ANY CHANGE IN THE FEE SCHEDULE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY NOTIFYING GOLDBET IN WRITING WITHIN 7 WORKING DAYS. Failing notification of the intention to terminate the agreement within the aforementioned term constitutes binding acceptance of the changes.
Payment will be made monthly, by the 15th day of the month, and credited to your specified GoldBet account. GoldBet may accrue credits until such credit(s) equal at least €100. In the event that after several months your outstanding commission is equal to (or exceeds) €100 you may report this via email to firstname.lastname@example.org. In this case the payment will be performed by GoldBet by the 15th day of the following month.
Referral fees will be based upon our good faith calculation based on the referred player statistics available to GoldBet. GoldBet is not responsible for any fees not properly credited to you that GoldBet is unaware of due to computer error or other reasons. Activity reports will generally be available online by accessing the affiliate reporting site http://partners.goldbet.com/login.asp. Income Access will make reasonable efforts to have this link available at all times, however there may be instances that it is unavailable during technology maintenance and updates.
Commission calculations will be based on NetRevenue. The NetRevenue definition will be used for Casino, Poker, Games and it will be calculated in the following way:
NetRevenue = Gross Revenue - (Bonuses + Jackpot contributions + Gambling Taxes + Chargebacks or Refunds to players)
At the end of the month a NetRevenue Share will be received by you. A negative share of the Net Revenue will not be carried over to the following month unless otherwise specified by GoldBet.
If an error is made in the calculation of the NetRevenue Share, GoldBet reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by GoldBet to you.
You shall be entitled to receive the Commission for lifetime value of player.
Deposit of payment or acceptance of payment transfer will be deemed full and final settlement of all fees due for the month indicated unless you sent us notice of disagreement with the amount payable within twenty (20) days from the date payment is made. The failure to timely send such notice irrevocably waives your right to contest any fees due for the relevant time period and any prior time period.
You shall have no claims to referral fees or other compensation on business secured or partially secured by or through persons or entities other than you. You also understand that GoldBet may at any time (directly or indirectly) solicit referrals on terms that may differ from those attained here, or operate or contract with websites that are similar to, or compete with, your website.
6) Disclaimer and Limitation of Liability
GoldBet makes representations with respect to the referral program or referral 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).
GoldBet makes no representation that the operation of our site will be uninterrupted or error-free, and GoldBet will not be liable for the consequences of any interruption errors.
GoldBet 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 referral program, even if GoldBet has been advised of the possibility of such damages.
GoldBet’s aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable to under this agreement.
Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
7) Terms/Terminations and Consequences
The term of this agreement will begin when you submit the sign up page and will be continuous unless and until either party notifies the other in writing that is wished to terminate the agreement. Termination may be accomplished by either you or GoldBet for any reason or not reason at any time by providing notice to the other party. For purposes of notification, delivery via email is considered a written and immediate form of notification.
If termination is initiated by GoldBet and is not caused by violation of this agreement, you will be entitled to unpaid referral fees, if any earned by you on or prior to the date of termination and as subject to modification described above.
If termination is initiated by you or is by GoldBet as a result of a violation of this agreement, you will not be entitled to unpaid referral fees, if any earned by you on or prior to the date of termination. Nor will you be entitled to referral fees with respect to play occurring after the termination date.
You must remove all GoldBet banners/icons from your site and disable the link from your site to GoldBet upon termination of this agreement for any reason.
All rights and licenses given to you in this agreement shall immediately terminate upon termination of this agreement for any reason.
Upon termination of this agreement for any reason, GoldBet may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Upon termination of this agreement for any reason, you will return to GoldBet any confidential information, and all copies of it in your possession, custody and control, and will cease all uses of any trade names, trademarks, service marks, logos and other designation of GoldBet
8) Confidential Information
During the term of this agreement, you may be entrusted with confidential information relating to the business, operations or underlying technology of GoldBet and/or the referral program. You agree to avoid any disclosure to third persons or outside parties or unauthorized use of the confidential information unless you have our prior written consent and that you will sue 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.
Modifying This Agreement: GoldBet may modify any of the terms and conditions contained in this, at any time, before or after termination of this agreement with immediate effect, and at its sole discretion, by sending you a notice identifying the changes. Modifications may include, but are not limited to, changes in the referral fees, payment schedule or other rules. IF ANY CHANGE IN THE AGREEMENT IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY NOTIFYING GOLDBET IN WRITING WITHIN 7 WORKING DAYS. Failing notification of the intention to terminate the agreement within the aforementioned term constitutes binding acceptance of the changes.
Indemnity: You shall defend, indemnify and hold GoldBet, its partners, directors, officers, employees, agents and representatives harmless from and against any and all fines, losses, demands, suits, proceedings, judgments, costs, expenses (including reasonable attorneys’ fees and costs of litigation), damages of any nature or kind whatsoever (including compensatory or punitive damages) such as but not limited to, reputational damage, and any other liabilities of any nature, regardless of whether the Claim is founded or unfounded, arising out of or from, resulting from, connected with, or in any way relating to (a) any operation, development, maintenance or contents of your site and marketing materials (b) any breach by you of any warranty, representation, or agreement; (c) the performance of your duties and obligations under this agreement; (d) your negligence; or (e) 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 referral program; (f) a breach of the terms herein by You or any third party that gains access to the Data from You.
Governing Law: This agreement will be governed by Austrian laws, without reference to rules governing choice of law. Any action relating to this agreement must be brought in Innsbruck and you irrevocably consent to the jurisdiction of its courts. YOU AGREE TO BRING ANY ACTION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT IN INNSBRUCK AND IN NO OTHER JURISDICTION.
Assignability: You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding and enforceable against you and GoldBet.
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. NO MODIFICATIONS, ADDITIONS, or DELETIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE RECOGNIZED BY GOLDBET. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Remedies: Our rights and remedies 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 responsibilities 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
Severability/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 other provision. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
Operating Agreement and Disclosure: You understand that gambling laws may vary from city to city, state to state and country to country. BY SUBMITTING YOUR APPLICATION, YOU HEREBY STATES THAT YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR COUNTRY WHICH APPLY TO YOUR ACTIVITIES AND REPRESENT TO GOLDBET THAT YOU MAY PARTICIPATE IN ITS AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.
By submitting your request to become an affiliate, you acknowledge that you have read this agreement and have independently evaluated the desirability of participating in this program and are not relying on any representation, guarantee, or statement other that what is set out in this agreement, and that you agree with all its terms and conditions.
YOU ACKNOWLEDGE FINALLY THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE LIABILITY LIMITATIONS AND DISCLAIMERS IN CAPITALIZED LETTERS ABOVE.