Betway Partners Affiliate Programme
Terms and Conditions ("Terms")
Welcome to the Betway Partners Affiliate Programme (the "Programme"), an affiliate programme owned by Betway Limited (Malta Reg. C39710), located at Stadium Street 9, GZR 1300, Gzira, Malta and operated by Betway Limited Guernsey Branch, Bordeaux Court, Les Echelons, St Peter Port Guernsey GY1 1AR ("Betway," also referred to in these Terms as "we" or "us").
These Terms are a binding contract between you and Betway which govern your participation in the Programme. By participating in the Programme, you agree to be bound by the most current version of these Terms, which we may amend from time to time. The most current version of these Terms will be posted on the Programme web site here: https://www.betwaypartners.com/terms. It is your responsibility to ensure that you are familiar with the most current version of these Terms, and your continued participation in the Programme after we post an updated version of these Terms shall constitute your express agreement to be bound by the updated Terms. In the event you do not agree with the updated Terms, your only recourse shall be to terminate your participation in the Programme.
If you send Italian traffic, scroll to the bottom of the page for the addendum to the Betway Partners Affiliate Program - Terms & Conditions.
If you have any questions or concerns about these Terms or the Programme, please send an email to: email@example.com.
In these Terms, the following words and expressions
shall have the following meanings:
Affiliate: A natural or juristic person who has registered and is accepted by us as a member of the Programme. Where the context requires, these Terms occasionally refer to the Affiliate as “you.”
Affiliate ID: A tracking mechanism provided to the Affiliate by Betway
for the purposes of tracking customer referral activities.
Affiliate Site(s): A website (including any WAP, mobile or tablet version of the website) which is owned or operated by an Affiliate and used for the purposes of generating online traffic and referrals to Betway in accordance with these Terms.
Applicable Taxes: Any taxation, levy or similar mandatory payment (including gaming taxes and value added taxes) levied or charged on revenue, turnover, deposit or similarly driven by customer activity or activity volume.
Approved Marketing Activities: Any lawful marketing activity conducted in compliance with these Terms which has been approved in writing by an authorized Betway representative.
Betway Group: A person or entity that directly or indirectly controls, is controlled by, or is under common control with Betway, as defined above.
Betway Marks: Any trademark owned by Betway or its affiliated companies and licensors, including but not limited to: Betway, Betway Casino, , Bingo on the Box, Dream Bingo, Betway Sports, and Betway Vegas.
Betway Site(s): Any Betway operated website, in connection with which Betway makes Marketing Materials available to Affiliates through the Programme for the purpose of the Affiliate performing affiliate marketing services in accordance with these Terms.Chargeback: Where a customer, a credit card issuing bank, or any other third party payment solution provider effects a reversal of charges in relation to a credit card or purchase transaction.
Confidential Information: Any information of whatever nature, which has been, or may be, provided by Betway in connection with the Programme, whether oral, in writing, or in electronic form, including, without limitation, business or financial data, know-how, processes, reports, customer lists, price lists, Commission payment reports, and any other materials containing, reflecting, or generated from any such information; including but not limited to any other information designated as confidential or proprietary by any authorised Betway representative.
Commission: The commission earned in connection with the affiliate marketing activities performed in accordance with these Terms, such as CPA.
CPA: This stands for cost per acquisition and refers to the fee paid to the Affiliate as compensation for hosting the link on the Affiliate Site(s) for the purposes of generating online traffic and referrals to Betway.
Deductible Costs: Any third party costs incurred by Betway in connection with the operation of the Betway Sites which are attributable to the activity of any New Customer(s), including but not limited to any payment processing charges, license fees, royalties, and other applicable third party payments.
Fraudulent Activity: A deceptive act or omission which is, in the sole
discretion of Betway, performed in order to secure a real or potential, unfair
or unlawful advantage; or any conduct that Betway, in its sole discretion,
determines to be fraudulent, deceptive or dishonest, which shall include, but
shall not be limited to, fraudulent credit card transactions, Chargebacks,
Match Betting, false or automated account creation and any collusion or
cheating by an Affiliate or a customer.
Fraud Costs: Any costs, damages or loss arising as a direct or indirect result of Fraudulent Activity.
Gross Win (Sports & Casino): Total revenue generated by Betway as a result of all wagers placed by a referred New Customer, less pay-outs. For Sports, this is the total revenue from settled bets placed by referred New Customers, less pay-outs.
Gross Rake: Total rake taken for Bingo and other pooled games in connection with referred New Customers.
Incentivised Traffic: Traffic or customer activity generated as a
by-product of promising some form of compensation or incentive for taking an
action on, or in relation to, any Betway Site, including but not limited to
registering a new account, depositing or wagering.
Intellectual Property: Trademarks, service marks, trade names, logos, designations, copyrights, trade secrets, patents and any other proprietary rights owned by or licensed to Betway, or any other member of the Betway Group.
URLs, text, graphics and/or other promotional materials made available for
marketing purposes through the Programme Portal.
Match Betting/Arbitrage Betting: Any method of betting or wagering which is intended to give players a guaranteed win with no risk, including but not limited to the use of free bets.
Net Revenue: Gross Win, less Progressive Contributions (progressive games only), less bonuses awarded, less Non-Cash Items, less Fraud Costs, less Deductible Costs and Applicable Taxes.
New Customer: A natural person who is at least 18 years old that
the Affiliate directs to a Betway Site and who can be linked to the Affiliate’s
Affiliate ID, who is eligible to open an account on a Betway Site and: (a) who
successfully opens a new account on a Betway Site in accordance with the Site’s
applicable terms and conditions; and (b) who has not had a previous account on
any Betway Site.
Non-Cash Items: Value of free credits or cash handed out to customers, or any other direct costs incurred to maintain the loyalty of a customer (e.g. the cost of a gift to a customer).
Programme Portal: The website used by Betway to manage the Programme,
currently located at www.betwaypartners.com.
Progressive Contributions: The percentage of revenue generated on any progressive game that is paid by Betway into a progressive pool.
Prohibited Site: Any website, forum, social media platform or
other communications medium, regardless of type, upon which the advertisement
of gambling-related activity is unlawful or otherwise prohibited.
Spam: Unsolicited e-mail, SMS or other communication sent indiscriminately to one or more mailing lists, individuals, forum or newsgroups.
Sub-Affiliate: A natural or juristic person who is recruited by an Affiliate to serve as a sub-affiliate either via an affiliate marketing network or by assignment or delegation of such Affiliate’s duties or obligations hereunder, as approved in writing by Betway per the terms set out in Clause 18.
1. Joining the Programme
1.1 If you are not already registered as a Betway Partners Affiliate and wish to participate in the Programme, you must first submit a completed application on the Betway Partners Programme Portal located at: www.betwaypartners.com. By submitting an application, you represent and warrant that:
a) the information provided in your Affiliate application is correct and up-to-date and you will update it as required on an ongoing basis in order to ensure that it remains correct;
b) you have not already registered as an Affiliate (only one Affiliate account is permitted per person);
c) you are at least 18 years of age, legally capable of entering into a binding contract, and you are not aware of any legal, commercial, contractual or other restriction against your participation in the Programme in accordance with these Terms; and
d) in the event that you are registering on behalf of a company, that you have the full right, power and authority to enter into these Terms on behalf of the company.
1.2 Within a reasonable time after we receive your completed application, but not later than fourteen (14) days after receipt, we shall evaluate your application and notify you in writing of our decision to accept or reject it. In the event we have not approved your application within fourteen (14) days after receipt, it shall be deemed rejected. All decisions are final and are within Betway's absolute and sole discretion.
1.3 Should there, at
any time during your participation in the Programme, occur any event which may
cause any of the above warranties to become false, or which may prevent you
from wholly fulfilling your obligations in accordance with these Terms, you
hereby undertake that you shall promptly notify your Betway Partners account representative
of such event, and Betway shall be entitled to terminate your participation in
the Programme immediately without the requirement to make any further payments
2. Your Use of Betway's Marketing Materials
2.1 In the event that you are accepted as an Affiliate into the Programme, Betway shall, during the course of your participation in the Programme and subject to your compliance with these Terms, grant you a non-exclusive, non-transferable, revocable, limited right and license to distribute the Marketing Materials on your Affiliate Site for the sole purpose of referring New Customers to Betway Sites in return for Commissions. You may not use or distribute the Marketing Materials for any other purpose unless you have received our express written approval to conduct Approved Marketing Activities. For the avoidance of doubt, any request to conduct Approved Marketing Activities may be approved or rejected in our sole discretion.
2.2 All Marketing Material shall be made available to you through the Betway Partners Programme Portal and may be updated by us from time to time. You undertake and agree that you shall only use the current versions of the Marketing Material as it appears on the Programme Portal and shall promptly discontinue the use of any Marketing Material which is out of date or no longer available on the Programme Portal. It is your responsibility to check the Programme Portal for updated Marketing Material on a regular basis.
2.3 You undertake and agree that you will not modify any of the Marketing Material which is made available to you and that you will not, without our specific written approval, market or promote Betway using any promotional materials not provided or approved in writing by Betway.
2.4 In the event Betway designates any Marketing Materials as subject to particular restrictions (for example, campaign start/end dates, demographic limitations, etc.), you undertake and agree that you shall only use the Marketing Materials in accordance with such designated restrictions.
2.5 Your marketing
activities shall strictly comply with Betway’s Marketing and Advertising Codes of Conduct for
Affiliates which can be accessed at https://www.betwaypartners.com/codeOfConduct
and which sets out
additional standards, restrictions and guidelines applicable to marketing
activities in connection with the Programme.
3. Customer Tracking and Reports
3.1 You are responsible for ensuring that all referred customers are properly tagged with your Affiliate ID. You will not receive credit for New Customers who are not properly tagged or who we are unable to otherwise properly validate and associate with your Affiliate ID.
3.2 We shall track all New Customer activity to inform the calculation of your Affiliate Commissions. You agree that our statistics and calculations in relation to the tracking of New Customer activity and the calculation of your Affiliate Commissions shall be final.
3.3 We will provide you with online access to reports of New Customer activity linked to your Affiliate ID through the Programme Portal. The form, content and frequency of our reporting may vary from time to time, in our sole discretion.
4. Your Obligations
4.1 As a condition of your participation in the Affiliate Programme, you undertake, warrant and agree that all use of the Marketing Materials howsoever, and all your activities undertaken in connection with the Affiliate Programme shall be lawful and in strict accordance with these Terms and any Special Terms (as defined below) set out in the Programme Portal.
4.2 As a condition of your participation in the Affiliate Programme, you further undertake, warrant and agree that you shall not conduct any activities in connection with any Unsuitable Site or any Prohibited Site.
4.3 You agree to use your best efforts to market and promote the Betway Sites in a manner consistent with good business ethics, standard industry practice and at all times in good faith towards Betway.
4.4 You acknowledge that your promotion of the Betway Sites has the potential to inflict substantial damage to Betway, specifically Betway's reputation and goodwill, and accordingly undertake that you shall, at all times, act in a manner that will not harm the reputation and goodwill of Betway in any way.
4.5 You shall not: (a) undertake any action which may have a detrimental impact on the ability of Betway to be qualified for or to hold or maintain any licence, permit or approval granted, or to be granted, by any competent authority, or (b) undertake any action which could reasonably be construed as bringing Betway into Material Disrepute, where “Material Disrepute” means any condition which could reasonably and objectively be seen to create a material negative perception of the integrity of Betway or the Programme and you accordingly indemnify Betway as per Clause 24.
4.6 We prohibit any Affiliate activity in connection with any content or material which contains: (a) the intellectual property of others which the Affiliate is not properly licensed to use; (b) information that is unlawful, harmful, threatening, obscene, discriminatory, scandalous, fraudulent or offensive; (c) any information that may subject Betway to any cause of action, in law, equity or otherwise; or (d) any information which Betway, in its sole discretion, determines to be objectionable, harmful, in bad taste, or potentially damaging to the interests and goodwill of Betway or the Programme and you accordingly indemnify Betway as per Clause 24.
4.7 Your activities must not involve any marketing or promotional activity which may have the potential to deceive, confuse or mislead users, or which may infringe on any third party rights, including the rights of privacy, publicity, or any Intellectual Property rights. You shall ensure that the Marketing Materials are displayed only in connection with websites and materials which are lawful, proper, professional and tasteful.
4.8 Your Affiliate
Site(s) must not copy the look and feel of the Betway Sites or have the
potential to cause the impression that any sites or landing pages used by you
are owned, operated or affiliated with Betway or any of its associated brands.
You are not entitled to present any Betway Marks, logos, graphics, marketing
materials other than the Marketing Materials, or any other Betway materials on
your Affiliate Site.
4.9 Betway reserves the right to demand the immediate takedown or modification of any materials that you distribute, or to demand the cessation of any or all marketing activity in connection with the Programme or Betway, at any time and within Betway's sole discretion. You agree that we are entitled to review your affiliate marketing activities from time to time and that we may approve/reject marketing methods and Affiliate Sites used by you in our sole discretion without the need to give reasons for any decision. You undertake and agree to provide prompt assistance and full cooperation in connection with any requests made by Betway in this regard.
4.10 If requested by Betway, you undertake and agree to provide Betway with all such information and documentation as we may reasonably require to verify your compliance with these Terms, or which we may require for our regulatory or legal purposes.
4.11 You agree that you shall neither offer nor provide incentives (financial or otherwise) to any potential New Customer without the prior written approval of Betway, excluding the standard promotional programs which Betway may make available to you from time to time through the Programme.
4.12 You will not knowingly benefit from known or suspected activity not performed in good faith (or alternatively, performed in bad faith), whether or not such activity actually causes damage to Betway.
4.13 You may not be a party (whether directly or indirectly) to any illegal activity or Fraudulent Activity in connection with your participation in the Programme or otherwise.
4.14 You shall participate in any training which Betway provides and requests you to participate in, including, without limitation, annual responsible gambling awareness training and all VIP specific responsible gambling training, annual anti-money laundering awareness training and anti-bribery and corruption training. Failure to attend such training upon request by Betway, shall entitle Betway to terminate your participation in the Programme immediately without the requirement to make any further payments to you.
4.15 If you are joining the Programme in the capacity of an affiliate marketing network, you represent, warrant and undertake that the terms and conditions of your marketing network are at least as restrictive as those set out herein, and that you shall be responsible for all activity undertaken by your affiliates. Betway reserves the right in its sole discretion to request written documentation of your compliance with this clause, and your failure to promptly provide such documentation upon request shall be deemed a material breach of these Terms.
4.16 You shall inform us of all and any communications (whether written or verbal) with customers of the Betway Sites within 2 (two) weeks of the occurrence thereof and undertake and agree to maintain complete records, during and for a period of two years after the termination or expiration of your participation in the Programme, regarding your activity in the Programme and any marketing or promotional activity undertaken in furtherance thereof and to maintain logs of hospitality and customer events to meet the requirements set out under the UK Bribery Act as defined below.
4.17 You acknowledge and agree that in performing your obligations under these Terms, you are strictly prohibited from marketing and promoting the Betway Sites to residents of the Prohibited Territories, as defined below, and you shall exercise all possible technical and operational measures to prevent marketing to residents of the Prohibited Territories.
4.18 You acknowledge
and agree that any breach of the aforementioned obligations shall be deemed a
material breach of these Terms resulting in your immediate termination from the
Programme and entitling Betway to equitable relief in contract, tort or
5. No Spam; No Marketing to Self-Excluded Customers
5.1 You will not send any marketing SMS, email or other communications relating to Betway or the Programme without our prior written consent. In order for Betway to properly consider whether its consent shall be granted, you shall provide us with:
a) A complete list of the intended recipients of any proposed marketing campaign, which list we shall review to verify that Marketing Materials are not to be sent to any person who has a self-exclusion agreement in place with us;
b) Written confirmation that all proposed email, SMS or other communications comprising the proposed campaign shall include an option to opt-out of receiving further such communications; and
c) Written confirmation that the proposed recipients of the campaign have respectively provided the necessary consents to receive communications of the type proposed (“opt in”) and have not since opted out.
5.2 If we incur any cost in connection with Spam sent by you or anyone on your behalf, these costs will be deducted from any Commissions due to you under these Terms. Should our costs not be covered by the funds in your account we have the right to offset future Commission payments or pursue other alternative means for obtaining payment from you. Should your Affiliate account not be active, or otherwise not generating Commission payments, then we shall have the right to demand payment directly from you.
5.3 Should you require more information regarding our Spam policy, or should you wish to report any incidences of Spam please contact us at firstname.lastname@example.org.
6. Legal Compliance
6.1 Betway is licenced in a number of jurisdictions by the following regulatory bodies (each a “Regulatory Body”) as set out below:
a) In Great Britain, Betway Limited is licensed and regulated by the Gambling Commission (GC);
b) In the Republic of Ireland, Betway Limited is licensed to provide sports betting by the Office of the Revenue Commissioners;
c) In Belgium, Betway Limited is licensed by the Belgian Gaming Commission (BGC);
d) In Denmark, Betway Limited is licensed by the Danish Gambling Authority (DGA);
e) In Italy, Betway Limited is licensed by the Agenzia delle Dogane e dei Monopoli (AAMS);
f) In Spain, Betway Spain PLC is licensed by the Dirección General de Ordenación del Juego (DGOJ);
g) In Sweden, Betway Limited is licensed by the Spelinspektionen;
h) In Mexico, Betway Limited is licensed by the Secretariat of the Interior (SEGOB); and
i) In all other jurisdictions, Betway Limited is licensed and regulated by the Malta Gaming Authority (MGA).
6.2 You acknowledge that Betway is bound by the terms of each such jurisdiction’s applicable Licence Conditions and Codes of Practice (together referred to as the “Licence Conditions”) and the following licensing objectives:
a) to prevent gambling from being a source of crime and/or disorder, being associated with crime and/or disorder and/or being used to support crime;
b) to ensure that gambling is conducted in a fair and open manner; and
c) to protect children and other vulnerable persons from being harmed and/or exploited by gambling (together referred to as the “Licensing Objectives”).
6.3 You agree that you shall:
a) at all times have reasonable consideration for and ensure compliance in all respects with the terms of the relevant jurisdiction’s Licence Conditions and the Licensing Objectives and, upon request from Betway, promptly provide written evidence of the same;
b) establish and maintain all necessary processes and procedures required by the relevant jurisdiction’s Regulatory Body in order to effectively monitor and ensure compliance with the relevant Licence Conditions and the Licensing Objectives and, upon request from Betway, promptly provide written evidence of the same; and
c) carry out regular reviews of the processes and procedures it deploys in order to monitor compliance with the requirements of the relevant Licence Conditions and the Licensing Objectives.
6.4 You acknowledge that, from time to time, Betway may receive a request for information from a Regulatory Body or any other gambling authority in connection with any activity under these Terms. Upon the receipt of such request, Betway may notify you and may request that you provide Betway with any and all such information which Betway reasonably requires as part of such request. Upon the receipt of such request for information from Betway, you shall promptly provide Betway with the information requested or shall promptly procure such information for Betway (at the sole cost of Betway) and/or shall promptly assist Betway to the extent required in order to ascertain such information (at the sole cost of Betway).
6.5 Your activities shall uphold the highest ethical standards and shall comply with all applicable laws and industry practices applicable to online marketing; online advertising; and the marketing of online gambling sites, including as examples, but not limited to:
a) the UK Gambling Act 2005;
b) the Maltese Gaming Authorisations Regulations (L.N. 243 of 2018) issued under the Gaming Act (Chapter 583 of the Laws of Malta);
c) the Belgian Gaming and Betting Act of 7 May 1999, as amended by the act of 10 January 2010;
d) the Danish Act on Gambling no. 119 of 22 January 2016;
e) the Spanish Gaming Act (Ley 13/2011, de 27 de mayo, de regulación del Juego);
f) the Swedish Gambling Act (2018:000);
g) the Mexican Federal Games and Draws Law (Gaming Law);
h) the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code);
i) the Industry Group for Responsible Gambling (IGRG) Industry Code for Socially Responsible Advertising, etc.
6.7 Any electronic messages or other communications sent by you, or caused to be sent by you, shall be free of Spam and in full compliance with all regulations related to the sending of commercial electronic messages, including the Data Protection Act 2018, the Privacy and Electronic Communications Regulations (PECR) 2003 and the General Data Protection Regulation 2016/679 (GDPR).
6.8 It is your obligation to familiarize yourself, to comply and to remain fully updated with the laws, regulations and codes of practice applicable to the activities you conduct in relation to your participation in the Programme. To the extent you are marketing to potential customers residing outside of the United Kingdom, you are required to abide by any applicable laws, regulations and codes of practice applicable to those jurisdictions. In the absence of any specific governing laws, regulations or codes of practice, the standards set out above shall apply and in any event will include, without limitation the terms and conditions of any relevant gambling licences issued by the applicable authorities to Betway or any of its subsidiaries and the laws and regulations associated therewith, such as the gambling licences to which Betway or any of its affiliates companies may be subject or bound from time-to-time.
7. Betway's Intellectual Property Rights
7.1 Betway and its licensors retain full and exclusive ownership of the Betway Sites, Betway Marks, Marketing Materials, any reports, documentation or materials provided in connection with the Programme, and any Intellectual Property rights, associated therewith. No right, title or interest in the foregoing is conveyed hereunder, except for a non-exclusive, revocable, limited license to distribute the Marketing Materials in accordance with these Terms. Any rights that are not expressly granted herein are reserved by Betway and its licensors.
7.2 You acknowledge and agree that Betway's Intellectual Property will at all times remain the property of Betway and its licensors. You further acknowledge that you have no claim or right of whatever nature in and to the aforesaid Intellectual Property, other than the limited rights conveyed herein.
7.3 You undertake and agree that you shall not assert the invalidity, unenforceability or contest the ownership of any of the Intellectual Property rights of Betway or its licensors in any action or proceeding whatsoever and shall not take any action that may prejudice Betway's or its licensors' rights in such Intellectual Property.
7.4 You undertake and agree that you will not register any domain name that includes, incorporates or consists of any Betway Mark or any domain name that is confusingly similar to the Betway Marks. You undertake and agree that you shall, upon request by Betway, promptly transfer ownership of any domain names registered in violation of these Terms to Betway or any third party designated by Betway. This obligation shall survive the termination of these Terms for any reason whatsoever.
7.5 You undertake and agree that you shall not make any bid on any internet search engine using keywords including the Betway Marks or words that are confusingly similar to the Betway Marks.
8. Your Warranties
8.1 By participating in the Programme, you represent, warrant and undertake that:
a) your activities shall fully comply with these Terms;
b) you shall not solicit any potential customers by way of any offers except for the current offers made available through the Programme;
c) you have the ability, experience, expertise and resources to perform all of your obligations hereunder in accordance with these Terms;
d) you understand and agree that the marketing activity undertaken by you in connection with the Programme, and your conduct as an Affiliate has the potential to inflict substantial damage to Betway’s reputation and goodwill, and as a result you shall at all times consider and act in the best interests of Betway and shall preserve the goodwill and reputation of Betway and Betway’s name;
e) you shall not undertake any activities in violation of our Intellectual Property rights, including but not limited to: brand bidding, registering or using any domains with confusingly similar names to the Betway Marks, copying the “look and feel” of our sites or software, using any Betway Marks, branding or logos except as expressly permitted by these Terms, or modifying any Marketing Materials we make available on the Programme Portal;
f) you have evaluated the applicable laws relating to your activities and obligations hereunder and you have independently concluded that you can participate in this Programme and fulfil your obligations hereunder without violating any applicable rule of law; and
g) you will not knowingly benefit from known or suspected traffic not generated in good faith, or via Spam, whether or not it actually causes damage. This includes but is not limited to you registering customer accounts or playing under your own Affiliate tracking links and or any other Fraudulent Activity.
9. Restricted Territories
9.1 By entering into these Terms you undertake that you will not:
a) actively target potential customers located in Afghanistan, Angola, Argentina, Australia, Belize, Bolivia, Bosnia and Herzegovina, Bulgaria, Chile, Columbia, Costa Rica, Cuba, Dominican Republic, Ecuador, El Salvador, France and its outlying territories, German state (Bundesland) Schleswig-Holstein, Ghana, Greece, Greenland, Guatemala, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iran, Iraq, Israel, Kenya, Lao People's Democratic Republic, Lithuania, Myanmar, Nicaragua, Nigeria, North Korea, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Portugal, Romania, Russia, Singapore, Slovenia, Slovakia, South Africa, Sri Lanka, Suriname, Syria, Thailand, Trinidad & Tobago, Tunisia, Turkey, Uganda, Uruguay, USA and its outlying territories, Vanuatu, Venezuela or Yemen (the “Prohibited Territories”), including, but not limited to, sending correspondence, the use of bannering, off-line advertising and direct marketing any traffic or customers emanating from domains or URLs based in any of these Prohibited Territories.
9.2 You understand and agree that you are not entitled to any Commissions or fees applicable to any activity related to the Prohibited Territories. You further agree that the list of Prohibited Territories may be updated from time to time, and in the event a territory is added to the list of Prohibited Territories, we shall be entitled to cease paying you any Commissions or fees applicable to customers from such territories.
9.3 The following Betway Sites may be subject to additional terms and conditions which shall be published via the Programme Portal:
a) Denmark: www.betway.dk
b) Spain: www.betway.es
c) UK and Malta: www.betway.com
d) Belgium: www.betway.be
e) Italy: www.betway.it
f) Sweden: www.betway.se
g) Mexico: www.betway.mx
9.4 You undertake:
(a) that you will not promote or market the Betway Sites to Dutch residents and will not market/promote the Betway Sites from any Affiliate Site which: (i) is in the Dutch language and/or; (ii) which displays banners or other links on any website utilising a local Dutch URL (i.e .nl); and/or (iii) which utilises terms, images or logos, which are closely associated with The Netherlands (for example, but not limited to, clogs, windmills etc); and
(b) not to promote or market the Betway Sites from any Affiliate Site which also markets/advertises any operator brand, where such operator has been fined by the Kansspelautoriteit, or other official body, (the “Authorities”) for breach of its applicable provisions.
Without derogating from the generality of these Terms including without limitation, Section 24 below, you shall defend, indemnify, and hold us and our 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 your breach of this Section 9.4 including, without limitation any fine or other penalty imposed by any Authority. You further undertake and agree to fully assist Betway in providing any information to the Authorities, in defence of such fine or sanction, as we may request.
10. Commission Calculations
10.1 You are eligible to earn Commission payments in connection with gambling activity by New Customers referred by you, as further set out herein. You understand and agree that we may vary these Commission rates from time to time, in our sole discretion.
10.2 You are only eligible to receive ongoing Commission payments during your participation in the Programme, and only during the time you continue to refer New Customers in accordance with these Terms. You will no longer receive Commission payments in the event your participation in the Programme is terminated for any reason.
10.3 You shall receive Commissions based on the number of New Customers referred by you during the month, and based on the types of games played by such New Customers:
You are eligible to receive a Commission based on the percentage of casino Net Revenue generated by the New Customers referred by you. The calculation is based on the number of New Customers referred by you during the calendar month:
Customers: 25% of casino Net Revenue
11-40 New Customers: 30% of casino Net Revenue
41-100 New Customers: 35% of casino Net Revenue
101+ New Customers: 40% of casino Net Revenue
You are eligible to receive a Commission based on the sports Net Revenue generated by the New Customers referred by you:
30% of sports Net Revenue, unless otherwise agreed in writing by us.
You are eligible to receive a Commission based on the percentage of bingo Net Revenue generated by the New Customers referred by you. The calculation is based on the number of New Customers referred by you during the calendar month:
Customers: 25% of bingo Net Revenue
11-40 New Customers: 30% of bingo Net Revenue
41-100 New Customers: 35% of bingo Net Revenue
101+ New Customers: 40% of bingo Net Revenue
11. Periods of Inactivity
11.1 In the event that you fail to refer any New Customers during any consecutive 3 (three) month period, we reserve the right to reduce your Commission rate to a flat rate of no more than 10% of Net Revenue until you introduce a total of 3 New Customers within a 3 (three) month period, at which point (effective upon your referral of the third New Customer) your Commission rate will revert to the standard Commission rates set out above.
12. Cost Per Acquisition (CPA) Payments
12.1 If you are entitled to receive a CPA payment under the terms of a written agreement between you and Betway, you will receive a one-time CPA payment to be established by Betway in its sole discretion (the “CPA Payment”) for every New Customer you refer who meets the following qualifications:
a) The customer meets the territory and age requirements to lawfully register an account on the Site and participate in online gambling activity;
b) The customer successfully completes a first-time registration on the Site and opens an account subject to the Site’s terms and conditions; and
c) The customer deposits the minimum required amount and meets the minimum wagering activity requirements as agreed in writing.
12.2 Where a Chargeback is received against a New Customer, or issuance of a credit to a New Customer occurs, that customer will not be eligible for a CPA Payment, and any CPA Payment previously made to you in respect of such New Customer will be deducted from any future payments due to you.
13. General Commission Terms
13.1 We may conduct special promotions related to certain products, services, games, customer activity, special events, and other matters through the Programme Portal from time to time (“Special Promotions”) and in connection with same, establish certain additional terms, Commission rates, CPA pay-out rates, incentives, deposit and wagering requirements, or other additional terms and conditions (“Special Terms”). In the event you wish to participate in one of the Special Promotions, you understand and agree that such participation will be subject to the Special Terms, as applicable.
13.2 All payments due to you are based on our own statistics, records and calculations. All decisions made by us regarding the tracking, calculation or payment of your Commissions or other payments shall be made by us in our absolute and sole discretion.
13.3 We reserve the right to review all activity in connection with your participation in the Programme for possible Fraudulent Activity or activity which we believe in our sole discretion to be in bad faith or in violation of these Terms.
13.4 We do not pay for customers who have already registered an account at one of our Sites as per the definition of New Customer. If the customer already exists in our system, or the system of any Site, you are not eligible to receive any payments for the customer.
13.5 We do not pay fees or commissions in connection with Match Betting, Arbitrage Betting or any roulette playing schemes or casino systems where players are advised on how to play to beat the casino.
13.6 Unless you have entered into a separate written agreement with us permitting such payments, we do not pay for Incentivised Traffic in any form.
13.7 You will not be entitled to any payment related to any customer activity and/or traffic that we deem, in our sole discretion, to be unlawful, abusive, not generated in good faith, or based on Fraudulent Activity.
13.8 We do not pay for any customer activity related to brand bidding or any activity which we consider to be a breach of our Intellectual Property rights.
13.9 We reserve the right to pass on any Fraud Costs to your account. These Fraud Costs shall be deducted from any payment owed to you. In the event the Fraud Costs exceed the amount of payments owed to you, we reserve the right to collect such sums from you directly.
13.10 We reserve the right to refuse any potential New Customer, to close a customer's account, or to take other action which we may deem necessary in order to preserve the integrity or safety of the Betway Sites. In the event that we refuse, suspend or close any customer's account for any reason, you will not be entitled to earn Commissions in respect of those customer accounts.
14. Payment Terms
14.1 We will process the Commission earned by you in the previous calendar month by the 10th (tenth) working day of the following month.
14.2 We shall not be liable to you in any amount whatsoever for late payments due to technical, third party or any other unforeseen events or events outside of our control.
14.3 Net Revenue will be calculated in Euros only, unless otherwise agreed in writing with Betway. An exchange rate adjustment will be applied and charged to your account for conversions from the currency in which a New Customer referred by you transacts on a Betway Site, into Euros.
14.4 Payments of Commission to you shall be made by way of the method selected by you on registration with the Programme, in one of the available currencies being: US$, AU$, CA$, GBP£, Euros, CZK, DKK or SEK provided that a market exchange rate adjustment will be charged for payments made in currencies other than Euro.
14.5 Subject to Clause 14.6 below, you will only be paid once you have a balance of a minimum of €100 (one hundred Euros) of Commission owing to you (or the local currency equivalent as per Clause 14.4 above).
14.6 If you have selected wire transfer as your method of payment, you will only be paid by bank wire if the total amount of Commission owed is €700 (seven hundred Euros) or more (or the local currency equivalent).
14.7 You will not be able to change your payment details in your account during the 10 (ten) working day period prior to the date we make payment to you, and any attempts by you to make such changes during this period will be rejected. To ensure your payments are properly processed, it is your sole responsibility to ensure that the correct payment details are entered at least 5 (five) working days prior to the payment date.
14.8 You are responsible for the reporting and payment of any taxes, tariffs or other governmental fees, charges or levies applicable to any Commission payable to you in connection with your participation in the Programme. All amounts payable to you are exclusive of all sales, use, value-added, withholding, and other taxes and duties. You undertake and agree to promptly reimburse Betway for any and all taxes or duties that Betway may be required to pay in connection with your participation in the Programme, except for taxes payable on Betway's net income.
14.9 For the following regulated markets, payments to be made to you in connection with the Programme will be subject to a marketing cost deduction to take account of the marketing spends and branding activities undertaken by Betway, the Betway Group or any of its affiliated companies in those markets from time to time (the “Branding Charge”). This Branding Charge shall be deducted from any applicable Net Revenue when calculating your Commission due.
14.10 We reserve the right to change the Commission payment schedules and methods of calculation at any time, in our sole discretion.
15. Negative Carry-Over
15.1 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.
16. High-Roller Policy
16.1 In any given month, if a referred customer generates a negative Net Revenue of €10,000 (ten thousand Euros) or more at any time (in which case, the customer shall be referred to as a “High-Roller”), and your aggregated Net Revenue in that month (across all referred customers and game types) is negative €2,000 (two thousand Euros) or more, then the negative Net Revenue generated by the High-Roller will be carried forward and offset against future Net Revenue generated by that High-Roller until the negative balance (the “Highrolled Balance”) reaches zero.
16.2 The Highrolled Balance carried forward is not set off against other customers’ Net Revenue, only the Net Revenue generated by the High-Roller.
16.3 The Highrolled Balance carried forward will not be greater than the total aggregate negative Net Revenue generated by your referred customers during that month.
16.4 If more than one High-Roller is designated during the same calendar month, the aggregate negative balance carried forward will be split proportionally between them.
16.5 The Highrolled Balance of a High-Roller will be reduced by future positive Net Revenue that the High-Roller generates in subsequent months. The Highrolled Balance will not be increased by future negative Net Revenue unless the High-Roller meets the qualifying criteria to be classified as a “High-Roller” during the applicable month.
16.6 Affiliates who have qualifying High-Rollers on their account will be notified at the beginning of the following month.
17.1 All rights and licenses granted to you hereunder are non-transferable and non-sublicensable, save that you may, provided you comply with the terms of this Clause 18, assign or delegate your duties or obligations hereunder to a Sub-Affiliate or appoint a Sub-Affiliate in terms of an affiliate marketing network.
17.2 Accordingly, whether you are joining the Programme in the capacity of an affiliate marketing network or, wish to assign or delegate your duties or obligations hereunder to a Sub-Affiliate, any such appointment of a Sub-Affiliate(s) shall be subject to the following strict “Authorization of Sub-Affiliates Procedure”:
(a) Before you engage a Sub-Affiliate for the purposes set out herein, you shall send the details of such Sub-Affiliate to Betway for approval in writing so Betway may assess such Sub-Affiliate’s compliance with the relevant Licence Conditions and Licensing Objectives as defined in Clause 6, and Betway may use any other criteria it deems fit to assess, and approve or reject such Sub-Affiliate for purposes of the Programme.
(b) In the event Betway rejects a Sub-Affiliate proposed by you for approval, it shall list the reasons for such rejection and hereby agrees that it shall not approach any such rejected Sub-Affiliate directly for a period of six (6) months from the date you first introduced the Sub-Affiliate to Betway. Such restriction on Betway to approach a Sub-Affiliate directly on our own accord shall not apply to any Sub-Affiliate(s) known to or introduced to Betway by any other independent means (i.e. not under your direction, recommendation, advice, or requirement) prior to or post its introduction by you to Betway. For the avoidance of doubt, this restriction shall only apply to affiliate marketing activities as contemplated hereunder and no other parts of Betway’s business operations.
(c) Where the circumstances that lead to the rejection of a Sub-Affiliate change to such an extent that the Sub-Affiliate is now compliant (i.e. is in conformance with the relevant Licence Conditions and Licensing Objectives or any other criteria of assessment that Betway deems fit), then Betway may, (i) if within the timeframe specified in Clause 18.2(b) above, instruct you to re-engage such Sub-Affiliate for purposes of joining the Programme or (ii) if such period as specified in Clause 18.2(b) has lapsed, approach such Sub-Affiliate directly to join the Programme.
17.3 You further represent, warrant and undertake that, in terms of Sub-Affiliates engaged for the purposes of an affiliate marketing network, that the terms and conditions of your marketing network are at least as restrictive as those set out herein, and that you shall be responsible for all activity undertaken by such Sub-Affiliates.
17.4 In relation to any Sub-Affiliate, other than a Sub-Affiliate appointed through an affiliate marketing network, Betway reserves the right in its sole discretion to require your Sub-Affiliates to join the Programme as a condition of their undertaking any activities as a Sub-Affiliate.
17.5 You further acknowledge that you are responsible for ensuring that all activity of any Sub-Affiliates is in full compliance with these Terms, and any duties and obligations applicable to you hereunder shall equally apply to the Sub-Affiliates. Between you and Betway, you shall be solely responsible for ensuring the full compliance with these Terms by Sub-Affiliates, and you shall remain solely responsible for any acts or omissions of your Sub-Affiliates in violation of these Terms.
17.6 Solely in relation to Sub-Affiliates appointed by means of assignment or delegation, you are entitled to receive a fixed rate of 2% of the Net Revenue generated by such single tier of Sub-Affiliates referred by you, and only when the Sub-Affiliate activity is undertaken in strict compliance with these Terms. You shall not receive any other payment or compensation from such Sub-Affiliates under these Terms, and you are not entitled to receive any payment from any sub-Sub-Affiliates or any other tier of affiliates other than a single tier of Sub-Affiliates. Any Commission you are entitled to for the appointment of a Sub-Affiliate in terms of an affiliate marketing network, shall be separately and explicitly agreed between you and Betway in writing.
17.7 Betway reserves the right in its sole discretion to request written documentation of your compliance with this Clause, and your failure to promptly provide such documentation upon request shall be deemed a material breach of these Terms.
18. Ownership of Customer Data
18.1 You acknowledge and agree that all information relating to any referred customer is the exclusive and sole property of Betway and that you shall have no rights therein whatsoever excluding any information that you gather independently, outside of your participation in the Programme.
18.2 You acknowledge and agree that any data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us, the Betway Group or for one of our suppliers.
19. Restriction on Activities by Related Persons / Entities
19.1 In order to prevent the potential for abuse and Fraudulent Activity, Betway does not pay Commissions for customer referrals in certain circumstances, such as when you have an existing relationship with the referred customer. While decisions shall be taken on a case-by-case basis, we provide for illustration purposes the following non-exhaustive list of scenarios where Commissions shall not be paid:
a) you shall not earn a Commission on the activity of any Sub-Affiliate if: (a) in the event that you are a juristic entity, such Sub-Affiliate is your employee, director, shareholder or agent or (b) in the event that you are a natural person, such Sub-Affiliate is your employee, agent or direct family member;
b) you shall not earn any fees or Commissions on any additional Programme account set up by you, or on your behalf;
c) you shall not earn Commissions on any Programme account/s set up by your employees or immediate family members, or on their behalf; or
d) if you, or, if applicable, your employees, agents, or family members, sign up as a customer on one of the Betway Sites after being referred to the Site by you, we will not pay any Commissions or amounts related to such activity and we have the right to terminate your enrolment in the Programme and cancel these Terms.
20. Account Security
20.1 You are responsible to guard the security of your Programme username and password, and may not share your login details with any third party. You shall be solely responsible for all activity occurring under your Affiliate account and associated Affiliate ID.
20.2 We may require you from time to time to positively verify your account details in order to receive continuing Commissions or to prevent Fraudulent Activity in connection with your account. This is to protect both you and us from potential illegal or Fraudulent Activity. This verification process may require the submission of additional personal documentation proving identity, payment and physical address details.
21.1 During your participation in the Programme, we may share with you certain Confidential Information owned by Betway or its licensors. You undertake and agree that you will not use the Confidential Information for any purpose other than to discharge your obligations to Betway in accordance with these Terms, and that you will not publish or disclose the Confidential Information to any third party without our express written permission.
21.2 You undertake and agree to take all reasonable measures to maintain the confidentiality of our Confidential Information, which will in no event be less than reasonable care.
21.3 We similarly undertake to use all reasonable efforts to ensure the confidentiality of any of your information shared with us and designated as confidential.
22. Money Laundering; Anti-Bribery
22.1 You undertake to act in compliance, and remain fully updated, with all applicable anti-corruption, anti-money laundering and bribery rules, laws and regulations, including those governing the providing of incentives, inducements, kickbacks, gratuities or bribes under (without limitation) the UK Bribery Act 2010 (“UK Bribery Act”) which precludes giving, offering or agreeing to give anything of value to government officials or holders of and candidates for public office or political parties, their families and agents, directly or indirectly, in connection with obtaining or maintaining contracts or orders or obtaining other benefits. The UK Bribery Act also require complete and accurate record-keeping which records the Affiliate will maintain throughout the term of your participation in the Programme and for such period thereafter as the relevant rule, law or regulation may prescribe.
22.2 You undertake and agree that your participation in the Programme shall not, directly or indirectly, encourage, benefit from, or be party/privy to, any money laundering or related illegal activities. Betway strictly prohibits, and undertakes efforts to prevent, money-laundering activities and other activities that may facilitate money-laundering or the funding of terrorist or criminal activities in connection with the Programme. You hereby agree to provide Betway or its designated agents with all requested assistance and documentation in connection with such efforts, including but not limited to: (a) for individuals, copies of your current: passport, driving licence, utility bill, bank statement, or other documents; or (b) in the case of a corporation, copies of: the company's certificate of incorporation, constitutional documentation, identity of the directors, officers and beneficial owners of the company. You agree that Betway may undertake independent identity verification procedures in its sole discretion which may include the procurement of information from public or private sources for identity verification and crime prevention purposes.
22.3 You understand and agree that some jurisdictions in which we operate have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect, that any transactions in which you are directly, or indirectly, involved, involve funds, derived from illegal activities, or are intended to conceal funds derived from illegal activities or involve the use of the Programme to facilitate criminal activity.
22.4 You understand and agree that, if we have any knowledge, belief or suspicion that any money laundering or illegal activity may have occurred, we may at our absolute discretion: (a) immediately suspend, deregister or terminate your membership of the Programme; (b) decline to pay you any further Commission and/or (c) report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.
22.5 Betway is committed, in accordance with its zero-tolerance policy for bribery and corruption (the “Anti Bribery and Corruption Policy”), to ensure that all of its activities and the activities of all of its Affiliates and business partners comply with all applicable laws and regulations and accord to the highest principles of corporate ethics. Accordingly, in performing your activities under these terms, you undertake to comply with all applicable laws related to the fight against bribery and corruption and shall not offer, promise, give, authorize, solicit or accept any undue pecuniary or other advantage related to any prospective New Customers, “impressions”, “clicks”, “acquisitions”, “installations”, “views”, “leads”, “registrations”, payments made under these Terms or otherwise. Betway shall immediately terminate your participation in the Programme if it determines, in its sole discretion, that any of your activities do not fully comply with this Anti Bribery and Corruption Policy.
23.1 You shall defend, indemnify, and hold us and our 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 your performance of your duties and obligations under these Terms, the performance of your Sub-Affiliates’ duties and obligations under these Terms, or any breach by you or a Sub-Affiliate of these Terms or any warranty, representation, or agreement contained in these Terms.
23.2 In the event we are subject to any third party claim or investigation as a result of the activities of you or any Sub-Affiliate in connection with these Terms, we reserve the right to withhold any Commission, fee or other amount due, as an offset against any cost or liability which may attach as a result of such claim or investigation, in addition to any other remedy available to us.
24. Disclaimer of Warranty
24.1 We make no express or implied warranties or representations with respect to the Programme, the Marketing Material, the Programme Portal, or any Betway Site, including, without limitation, any warranties of fitness for a particular purpose, merchantability, legality, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site (including any tracking mechanisms) will be uninterrupted or error-free, and we make no guarantees regarding the amount of Commissions which may be generated as a result of your participation in the Programme. We will not be liable for the consequences of any such interruptions or errors.
25. Limitation of Liability
25.1 Except in the event of: (a) bodily injury or death caused by Betway's negligence, or (b) any liability which cannot be excluded as a matter of law, Betway's total and aggregate liability towards you or any third party, whether in an action based on contract, tort, warranty or any other legal theory, shall not exceed the amount of fees or Commissions generated by you during the twelve (12) month period prior to the incident giving rise to liability, and in no event will Betway be liable towards you or any third party for any special, indirect, incidental, punitive or consequential damages, including but not limited to damages for loss of profits, business, revenue, or economic advantage.
26. Term and Termination
26.1 These Terms will come into effect upon your submission of your registration to the Programme and shall continue until your participation in the Programme is terminated for any reason.
26.2 Either party may terminate these Terms and your participation in the Programme for convenience at any time, effective upon written notice to the other.
26.3 Any notice of termination shall be given in writing by either party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Terms and your participation in the Programme shall accordingly terminate with immediate effect.
26.4 In the event of termination of these Terms for any reason:
a) all rights and licenses granted to you in these Terms shall immediately terminate;
b) you must immediately cease all marketing activity, cease the distribution of any Marketing Materials, and disable any links from your Site to any Betway Site;
c) you must promptly return to us any Confidential Information and/or customer information, and all copies of same in your possession, custody and control; and
d) for clarification purposes, termination will not exculpate you from any liability arising from any breach of these Terms, that occurred prior to termination.
26.5 Upon termination for reasons other than breach of these Terms by you, you shall continue to be entitled for a period of 6 (six) months to receive Commissions on the terms and conditions as specified herein.
26.6 In the event we terminate your participation in the Programme as a result of a breach of these terms by you, you shall not be entitled to receive any additional Commissions effective from the date of termination. In the event we terminate your participation in the Programme as a result of Fraudulent Activity or activities which we believe to be unlawful or in bad faith, we reserve the right to recover any payments previously made to you and seek the recovery of all costs incurred in the investigation of such activities and the closure of your account, in addition to any other rights and remedies available to us at law.
27.1 Any notice or communication hereunder shall be in writing, sent via e-mail to the party’s designated address. All notices shall be in English, effective upon sending.
a) The designated e-mail address for Betway Partners is: email@example.com.
b) Your designated e-mail address is the e-mail address provided by you at the time of registration and you are required to keep your contact details up to date at all times. If you change your address, e-mail, phone number, form of payment or any other contact or personal information, such change shall be recorded on your account
28. Sale of Your Business
28.1 If you wish to sell, or otherwise dispose of the shares or assets of your Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of your business) you shall be required, prior to completing the sale, disposal or transfer, to:
a) Give us no less than 30 (thirty) days prior written notice of such intention, provide such details as we may request (which shall include, but not be limited to, your Affiliate ID and full details of the intended purchaser, including their banking details and, if they are already an affiliate of the Programme, their Affiliate ID) and furnish us with an irrevocable consent and authority to pay the your Commissions, after the sale is completed, to the purchaser, in a form acceptable to us in our sole discretion; and
b) Make the deed of sale subject to the suspensive condition that we approve such purchaser as an Affiliate of the Affiliate Programme and that such intended purchaser shall, subject to our approval (at our sole discretion) join the Affiliate Programme on the Terms set out herein, as may be updated by us from time to time.
28.2 You agree that we shall have sole discretion to approve or reject any proposed assignment, novation or transfer of your rights under these Terms to any prospective purchaser or third party.
28.3 Any approval of your request to novate or transfer your rights to any third party will terminate your enrolment in the Programme on the date of transfer.
28.4 If we reject the intended purchaser as an Affiliate of the Programme and you nevertheless decide to proceed with the sale/change of control or transaction contemplated above, then we reserve the right to terminate your enrolment in the Programme immediately.
29. Relationship of Parties
29.1 You and Betway are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
29.2 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, unless we agree in writing to be so bound.
29.3 You agree that you are not, and shall not be treated as, an employee with respect to, as applicable, any Internal Revenue Code, Social Security Act, Federal Unemployment Acts, or other federal, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned codes and acts.
30.1 During your participation in the Programme, and for a period of 6 (six) months after any termination of such participation, you undertake not, either directly or indirectly, to solicit, or attempt to solicit, divert or hire away any person engaged by Betway or the Betway Group as an employee, contractor or consultant at the time of solicitation or during the 12 (twelve) month period preceding the solicitation.
30.2 Should you have any doubt as to whether an individual is engaged by Betway or the Betway Group, then you must, prior to attempting any solicitation of such individual, make a written inquiry to Betway in this regard. Your failure to confirm the status of any individual prior to a solicitation shall not relieve you from your duties and obligations under this non-solicitation clause.
30.3 You agree that in the event of a breach of this non-solicitation clause, Betway shall suffer substantial and irreparable harm which may not be adequately compensated for by the payment of damages. As a result, Betway shall be entitled to seek injunctive relief in any court of competent jurisdiction to enjoin or prevent such solicitation, and that this will not limit any other causes of action or legal redress that may be available to Betway.
31.1 These Terms will be governed by the laws of Malta without reference to rules governing choice of laws. Any action relating to these Terms must be brought in Malta and you irrevocably consent to the jurisdiction of these courts.
31.2 Any disputes arising from or in connection with these Terms shall, at the request of any party, be finally resolved in accordance with the rules of the Centre for Effective Dispute Resolution ("CEDR") by an arbitrator or arbitrators appointed by CEDR. Notwithstanding anything to the contrary contained in this Clause, any party shall be entitled to apply for, and if successful, be granted, an interdict from any competent court having jurisdiction.
31.3 Nothing in these Terms confers or purports to confer on any third party any benefit or right to enforce any term of these Terms and the application of the Contracts (Right of Third Parties) Act 1999 is hereby excluded.
31.4 Except as provided in Clauses 18.1 (“Authorization of Sub-Affiliates”) and 29 (“Sale of Business”), you may not assign or delegate any right, duty or obligation under these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assign, transfer or novation by you in violation of these Terms is void and shall have no effect. Subject to that restriction, these Terms will be binding on, enure to the benefit of, and be enforceable against you and us and your and our respective successors and assigns.
31.5 Our failure to enforce your strict performance of any provision of these Terms will not constitute nor be construed as a waiver of our right to subsequently enforce such provision or any other provision of these Terms. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
31.6 No party to these Terms shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of any force majeure event, such as strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
31.7 The exercise of one or more of the provisions of these Terms shall not preclude the exercise of any other provision.
31.8 You acknowledge, confirm, and agree that damages may be an inadequate remedy for a breach or a threatened breach of these Terms and, in the event of a breach or threatened breach of any provision of these Terms, the respective rights and obligations of the parties shall be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in these Terms shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of these Terms.
31.9 Whenever possible, each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these Terms 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 these Terms or any provision hereof.
31.10 Any headings in these Terms are inserted for convenience only and shall not affect its construction.
31.11 These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and nullifies all previous understandings, both oral and written, between the parties in respect of the subject matter hereof and shall supersede all previous agreements between the parties, whether made orally or in writing.
The following guidelines (the "Italian Guidelines") are an addendum to the Betway Partners Affiliate Program - Terms & Conditions (the "Terms") in place between Betway Limited located at Stadium Street 9, GZR 1300, Gzira, Malta and operated by Betway Limited Guernsey Branch ("Betway") and you acting as an affiliate (the "Affiliate") which regulates the relationship with the Affiliate, following the coming into force of the Article 9 of the Law Decree 12 July 2018, No. 87 (the "Dignity Decree") and of the guidelines issued by the Italian Communications Authority ("AGCOM Guidelines"). The addendum is performed pursuant to introductory paragraph of the Terms according to which the Affiliate agreed to be bound by the most current version of the Terms. The Dignity Decree and AGCOM Guidelines are collectively defined as "Italian Gambling Advertising Regulation". The Affiliate shall read the Italian Guidelines carefully to ensure that it understands its obligations as well as the potential liabilities should it fail to comply with them.
2. Effective Date and Scope of application
The Italian Guidelines will take effect and will be binding from the date of their publication on the website www.betwaypartners.com (the "Effective Date").
By continuing to operate with the Affiliate program and/or perform the activities subject of the Terms, following the Effective Date, the Affiliate agrees to be bound to the Italian Guidelines.
The Italian Guidelines will be applicable to the activities conducted towards Italian users and/or in relation to www.betway.it and the other sites run by Betway directed to Italian users (the "Italian Sites"). In case of discrepancies between the Terms and the Italian Guidelines, the latter shall prevail with reference to the Italian Sites.
If the Affiliate does not accept to be bound to the Italian Guidelines, then it shall immediately cease the activities subject of the Terms and it is its responsibility to terminate them in accordance with the modalities provided therein.
3. Affiliates' Obligations
It is the Affiliate' obligation to ensure that any information it provides to the public in the performance of the Terms with reference to the Italian Sites is a message exclusively aimed at informing users about the products and services offered by Betway. On the contrary, it is prohibited and the Affiliate should not perform any commercial communication which consists of a message that is mainly associated with a specific call to action (i.e. an invitation to participate to a specific promotion or register to a given platform).
In more specific terms, it is expressly prohibited to promote a message with a sense of urgency and the use of imperative language. By way of example, the following types of claims are prohibited "Deposita subito e non perdere l'occasione/ Immediate deposit and do not miss the opportunity", "Gioca ora / Play Now", "Gioca / Play" and shall be replaced with "Per saperne di più/ If you want more information", "Info offerta/ Information on the offer", "Informazioni sulle quote / Information on the odds", "Continua/Continue" and "Più informazioni / More information".
The Affiliate can perform only informative communications and shall not carry out any communication that contains either a call to action to gamble/bet or an invitation to bet/gamble.
3.1 Display of logos
The Affiliate is allowed to:
- advertise on free sports product and news websites, but advertisements cannot be an indirect advertising of the Italian Sites and have to be independent from advertisements of the Italian Sites; and
- display URL and domain names of Italian Sites (e.g. www.betway.it) and their logos only for informative purposes in addition to the display of responsible gambling logos and claims provided by Italian gambling law that Betway can provide, upon request of the Affiliate. Banners design creativity shall be as neutral as possible and construed with informational purposes.
The Affiliate is not allowed to conduct paid advertising relating to keywords or other material referring to gambling operators on Search Engines and through the purchase of back links.
3.2 Comparison of sporting odds, jackpots and commercial offers
Odds and commercial offers (e.g. bonuses, jackpots and features of the games/websites) of different operators shall be put in comparison and shall be provided to users and website visitors through an informative (and not promotional) communication. For example, the following types of claim are allowed since they are put in comparison with other gambling operators' odds and commercial offers "Se depositi X € su www.betway.it, hai diritto ad un bonus pari a X €. Informazioni sull'offerta su www.betway.it"/ "If you deposit X € at www.betway.it, you are entitled to a bonus of X €. Information about the offer at www.betway.it".
In case of displaying advertising banners of a single operator related to its odds and its commercial offers without mentioning competitors' odds and commercial offers, the banners shall contain a claim of superiority compared to the rest of the market that shall be supported by evidentiary data. For example these types of claim are allowed "Su www.betway.it sono presenti le migliori quote della serie A il giorno della partita. Per saperne di più clicca qui"/ "On www.betway.it are available the best odds of the serie A on the day of the match. For more information click here".
Odds and commercial offers shall be displayed with a neutral language.
3.3 Retention activities
The communication of information such as the reporting of odds and commercial offers via email, SMS, direct messages or push notifications is to be considered allowed only when users expressly request it, provided that this is strictly limited to what users asked for. On the contrary, the delivery of CRM and/or marketing communications is prohibited.
The Affiliate shall not ask users to receive marketing communications, but to subscribe to a service relating to the provision of information on odds/promotions, leaving the possibility to the user to select the type of events/promotions/products on which they want to receive information (as by way of example "richiedo di essere abilitato al servizio di aggiornamento sulle quote ed offerte commerciali degli operatori di gioco a noi affiliati" / "I expressly request to be subscribe to the service of updating odds and commercial offers of gambling operators affiliated to us".
4. Our Rights and Remedies
In case of breach of the obligations set out in paragraph 3 or your negligence in performance the activities in accordance with the Italian Guidelines, or failure to in any way meet your obligations hereunder, the following remedies will be available:
i. the right to suspend any Affiliate’s participation in the Affiliate program for such period as is required to investigate any activities of the Affiliate that may be in breach of the Italian Gambling Advertising Regulation;
ii. the right to withhold any revenue share or amount due to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Terms;
iii. the right to claim the amount of fines and any further damage, including reputational damages, potentially suffered by Betway, the companies of its group and/or any of the individuals or companies instructed or employed by them, as direct or indirect consequence of the breach of the obligations set out in these Italian Guidelines;
iv. the right to immediately terminate the Terms with the Affiliate.
5. Governing Law.
The validity, construction and performance of the Italian Guidelines and any claim, dispute or matter arising under or in connection to the Italian Guidelines or its enforceability shall be governed and construed in accordance with what is prescribed by article 31.2 of the Terms.
These Terms were last amended in July 2019.