Terms and conditions
Betfred affiliate program
The following are the complete terms and conditions to apply as a member of the Betfred affiliate program. Please read this agreement completely.
By submitting the application form at http://adv.betfred.com you ("the affiliate") is deemed to have agreed to be bound to the terms and conditions set out in this agreement with Petfre (Gibraltar) (trading as "Betfred") whose offices are located at:
Petfre (Gibraltar) Limited
The Old Bank
17/21 Cannon Lane
Gibraltar
Betfred reserves the right to accept or refuse any application to become an Affiliate. Betfred shall endeavour to confirm whether or not an application has been successful within 30 days of the application being received by Betfred.
If the application is successful then, upon the terms and the conditions of this agreement, Betfred will provide to the Affiliate Customers access to the Site through the Links on the Affiliate's Websites.
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Definitions
Affiliate Customer
A person who having arrived at the Site directly via a Link then registers with the Site on such visit and then places at least one real money bet via the Site, either on that visit or a subsequent visit.
Affiliate's Websites
The sites stated within this application, owned or operated by the Affiliate from time to time and which Betfred agrees to include within this agreement.
Links
Buttons, banners or other forms of direct links to the Site on the Affiliates Websites that have been provided to the Affiliate by Betfred.
Site(s)
Betfred's gaming portals included at www.betfred.com (Poker, Games, Casino and Balls) except the Betfred Sports.
Betfred Affiliate Site
Betfred's internet affiliate site at http://adv.betfred.com.
Term
Click here for definition.
Deposit(s)
means funds transferred by Affiliate Customers to their accounts at the Sites.
Redeem(s)
means any and all funds withdrawn or cashed-out by Affiliate Customers from their accounts at the Sites plus amount pending on their accounts plus any Deposits reversed (or credits given) by Betfred, in Betfred's sole discretion, to negate fraud, error, Affiliate Customer non satisfaction or through charge-backs and;
Casino Net Revenue
shall mean the sum of Deposits less Redeems, software license fees, hosting service fees, license fees to regulatory bodies and any applicable taxes or betting duties, charges levied by electronic payment or credit card organisations, chargebacks, bonuses, free bets or free chips.
Net Gaming Revenue (NGR)
is defined as gross bets less payout (calculated using the client software), derived from any real transaction with a linking visitor in which revenue is paid or credited to the client, less:
- Charge backs and discretionary returns...
- Sign up bonuses...
- Promotional bonuses...
It is the basic profit share which you are due to collect at the end of the month. Any charge backs that are accrued from an affiliate referral will be deducted from the Net Gaming figure. In the event of the charge back taking place on an account after commission has been made, the original commission figure based on that charge back will be deducted from the monthly commission total.
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Licence
Betfred grants to the Affiliate a revocable, non-exclusive, worldwide licence to use, reproduce and transmit the name, logos and trademarks of Betfred as provided to the Affiliate from time to time by Betfred solely for the purpose of creating Links to the Site. Except as expressly set out in this agreement the Affiliate will not copy, distribute, modify, or create derivative works from Betfred's works. The Affiliate shall not sublicense, assign or transfer any such licenses for the use of Betfred's work and any attempt at such sublicense, assignment or transfer is void.
Betfred (or its holding company) owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future including all materials on the Site.
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Betfred obligations
Betfred will register all Affiliate Customers who apply on the Site and will track their play. Betfred reserve the right to refuse applications of potential Affiliate Customers (or to close their accounts once registered) at the sole discretion of Betfred.
Betfred will provide the Affiliate with remote online access to reports of Affiliate Customer activity and the Casino Net Revenue generated.
Betfred may modify any of the terms and conditions contained in this Agreement, at any time and in Betfred's sole discretion, by posting a change notice or a new agreement on the Betfred Affiliate site which Betfred will notify you of.
IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, THE AFFILIATE'S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE BETFRED AFFILIATE SITE (WHICH BETFRED WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
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Affiliate obligations
The Affiliate shall display and maintain on the Affiliate's Websites in accordance with this agreement at all times during the Term:
- the Links as varied by Betfred from time to time; and
- seamless and continuous operational links to the Site, to enable potential or existing Betfred customers to connect to the Site and to use the services available on the Site and the Affiliate shall ensure that each link is maintained and shall notify Betfred of any defect or problem with a link of more than 12 hours' duration.
The Affiliate agrees promptly to implement any request from Betfred to remove, alter or modify any graphic or banner advertisement submitted to the Affiliate by Betfred.
The Affiliate shall not do, or procure or assist to be done, anything that adversely affects the interests of Betfred or anything that is likely to adversely affect such interests. The Affiliate shall not make any claims, representations, or warranties in connection with Betfred and the Affiliate shall have no authority to, and shall not, bind Betfred to any obligations. We will terminate this agreement immediately if there is any form of spamming or if you advertise our casino and/or poker and/or bingo room in any other way that contravenes our terms and conditions as stated here.
The Affiliate shall at all times ensure that the Affiliate's Websites are not:
- defamatory or libellous or an infringement of any third party's legal rights, including, without limitation, any third party's copyright, patent, trademark, trade secrets or other proprietary rights; or
- in breach of any applicable law or regulation in any jurisdiction including, without limitation, privacy, advertising or consumer protection law or;
- in the sole judgment of Betfred, disparaging to Betfred or damaging to the reputation or goodwill of Betfred.
You will only use our approved banners and icons and will not alter their appearance nor refer to us in any promotional materials. You may only use a Betfred Casino and/or Poker Room banner that has been uploaded to your server - you may not link directly to the banners on out website.
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.
Betfred fully complies with the UK Gambling Commission and the Affiliate shall at all times ensure that:
it's websites comply with the UK Gambling Commission's technical standards for remote gambling systems;
it does not breach the UK's CAP and BCAP Gambling Advertising Rules.
If, in Betfred's opinion, the Affiliate has not complied with the above points, Betfred reserves the right to terminate the agreement without notice.
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Fees
For each calendar month during the Term Betfred shall pay to the Affiliate a fee of 25% of Casino Net Revenue. Casino Net Revenue will be based upon Betfred's good faith calculation based on data held by Betfred.
No fee shall be payable by Betfred to the Affiliate in relation to any Affiliate Customer in circumstances where the Affiliate, in the absolute discretion of Betfred, offers any financial or other incentive, either directly or indirectly, to the Affiliate Customer to register and to place a bet with Betfred via the Site.
All amounts payable by Betfred pursuant to this agreement shall be inclusive of any applicable value added tax. All payments will be paid in Great British Pounds.
If during any monthly period your referred customers generate negative revenue (i.e. Betfred Casino loses money due to a referred player(s)), your negative balance will not be carried over into the next month. You will never be asked to repay a negative balance. You do not receive commission on bonuses given to players.
Betfred shall cease to pay any fees to the Affiliate on termination of the agreement save for any fees owed and unpaid up to and including the date of termination.
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Liability
The Affiliate shall defend, indemnify, and hold Betfred, its 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 the Affiliate of any warranty, representation, or agreement contained in this Agreement;
- The performance of the Affiliate's duties and obligations under this Agreement; or
- The Affiliate's negligence or any injury caused directly or indirectly by the Affiliate's negligent or intentional acts or omissions, or the unauthorized use of the Links or this Affiliation Program.
Betfred makes no express or implied warranties or representations with respect to the Affiliation Program or 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, Betfred make no representation that the operation of the Sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
The entire liability of Betfred to the Affiliate under this agreement shall not exceed in aggregate an amount equal to the actual fees paid to the Affiliate in the year preceding any claim.
Betfred shall not be liable to the Affiliate for any loss of business, profits or goodwill or for any indirect or consequential loss or damages.
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Duration and termination
The term of this Agreement will begin when the Affiliate creates a Link to the Site(s) and will be continuous until terminated by either party giving to the other one month's notice in writing.
Either party may terminate this agreement by notice in writing with immediate effect if the other party is in material breach of any of the terms of this agreement and such breach, where remediable, remains unsettled 10 days after receipt of notice from the terminating party that the other is in breach.
Either party may terminate this agreement with immediate effect on notice in writing if liquidation or similar proceedings are filed by or against the other party.
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General terms and conditions
Each party shall ensure that at all times it keeps all information it receives regarding the business and affairs of the other party strictly confidential and shall only be permitted to disclose such information to its professional advisors or as may be required by law or any legal or regulatory authority or with the prior written consent of the other party.
Neither party shall without the consent in writing of the other party assign or transfer any of its obligations or rights (except those described in clause 2.1 above) under this agreement.
This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.
Affiliate Customers who register with Betfred will be deemed customers of Betfred and all data acquired by Betfred in respect of such customers shall belong to Betfred and the Affiliate shall have no rights thereto.
Betfred do not accept incentive or cash back sites on any of their programs. Keyword restrictions apply, Betfred conducts their own keyword buying and affiliates are prohibited from purchasing keywords, search terms or other identifiers that include any terms related to Betfred or Fred Done in a sponsored link. Any affiliate found to be in breach of this will be asked to remove the sponsored links or face expulsion from the Betfred affiliate program. The Betfred Affiliate team regularly check the search engines for such misdemeanours.
Click here to e-mail Betfred affiliates for more information.
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