BETANO AFFILIATE PROGRAMME - TERMS AND CONDITIONS Last updated: 1st May 2024. These are the terms and conditions that apply to all members of the Betano Affiliate Programme (“Affiliate Programme” or “Agreement”). These terms describe how we will work together and other important aspects of our business relationship. It is very important that you read these terms carefully before you register your account with us. This is a legally binding contract so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible. 1. Information about us and this Agreement1.1. This Agreement sets out the terms and conditions between BV Gaming Limited (trading as “Betano”), a company registered in Gibraltar (company number 42734) with its registered office at Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA (“BV Gaming”, “us” or “we”) and you (“you”) in relation to your participation in our Affiliate Programme. 1.2. By registering for the Affiliate Programme and clicking the “I have read and agree to the terms and conditions” box (or similar wording) you agree to be bound by:
1.3. If you do not agree to accept and be bound by the terms of this Agreement and the Special Terms you should not participate in our Affiliate Programme. 1.4. We periodically update these terms for commercial, legal or regulatory reasons. The most up to date terms will be available on our website. Where possible, we will let you know via electronic means, which may include an in-app notification or by email. By continuing to participate in our Affiliate Programme, you will be deemed to accept the changes we make. Therefore, it is important that you regularly check these terms for updates. If you don’t agree to the changes, you can choose to terminate this Agreement as we describe below. 1.5. “Writing" includes emails.When we use the words "writing" or "written" in these terms, this includes emails. 2. Non-exclusivity2.1. This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to work with other third parties in connection with similar services. 3. Your Application3.1. To become a member of our Affiliate Programme, you will need to:
3.2. It is your obligation to ensure that any information you provide to us when registering with the Affiliate Programme is correct and that such information is kept up to date at all times. 3.3. We will evaluate your application and notify you by email as to whether or not your application has been successful. We may request additional information from you in order to evaluate your application. 3.4. We have full discretion in deciding whether to accept you onto the Affiliate Programme and our decision is final. 4. Affiliate Account4.1. The effective date of this Agreement is from when you receive an email notifying you that your affiliate account is active (“Affiliate Account”). We will email you the necessary instructions on how to access your Affiliate Account. 4.2. You must notify us of any changes to the contact details and/or company details by providing this information to affiliate.security@betvictor.com. If you fail to notify us of these changes, we may suspend your Affiliate Account. 4.3. We may require further KYC documentation when you update your details, and we reserve the right to close your Affiliate Account if you fail to provide that documentation. 4.4. The Affiliate Account will be operated by a software called ‘Income Access’ provided by Income Access Limited. The terms governing your use of the software can be found here: https://incomeaccess.com/terms-of-use/. By participating in the Affiliate Programme, you agree to be bound by these terms. 4.5. You shall be responsible for updating any information on Income Access in relation to your Affiliate Account, including but not limited to recording the links of all sites that you use to promote us. If you do not keep this information up to date, we reserve the right to suspend your Affiliate Account. 4.6. The Affiliate Programme is intended for your direct participation. You shall not open Affiliate Accounts on behalf of other participants. Opening an Affiliate Account for a third party, brokering an Affiliate Account or transferring an Affiliate Account are not accepted. If you want to transfer an account to another beneficial account owner, you must request permission to do so by contacting us. Approval is solely at our discretion. 4.7. You shall not open more than one Affiliate Account without our prior written consent, nor will you earn Referral Commission on your own or a related person's Betano account. The Affiliate Programme is intended for professional website publishers only. 5. Your Rights and ObligationsReferring Customers 5.1. We will register any Customers you refer to us and track their transactions using an Income Access system. "Customer" means your visitors who:
5.2. We reserve the right to refuse Customers (or to close their accounts) if this is necessary for us to comply with all legal and regulatory obligations or any requirements we may periodically establish. We may also suspend or close the accounts of Customers who are found to engage in, or who are suspected of, fraud. 5.3. If we receive a complaint from a Customer or a third party, you will provide us with all information about the complaint as soon as commercially possible, and in any event, within 24 hours of you receiving notice of the complaint. You shall also immediately cease the conduct which caused the complaint after you acquire any form of knowledge of that conduct.We reserve all of our rights in relation to Customer or third-party complaints. Linking to Our Websites 5.4. By participating in the Affiliate Programme, we grant you the non-exclusive, limited, revocable and non-assignable right to create and maintain unique hypertext reference links from your site (“Affiliate Website” or “your Website”) to the website which is owned and operated by, or branded by us (“Betano Website”, or “our Website”). 5.5. You shall prominently and continuously display on the Affiliate Websites the most up to date links to our Website provided and approved by us. 5.6. You shall create and maintain unique links from your Website to our Website. The only methods of advertising you are permitted to use on the Affiliate Programme are banners, articles or a text link. If you wish to use other methods of advertising, including but not limited to the use of social media and Pay Per Click (PPC) adverts, you must request our permission, as outlined in section 5.7. You must always ensure that each advert promoting an offer complies with our brand image. You are only permitted to use syntax of the tracking link which has been designed and designated by us. 5.7. You must request our permission to promote us by using PPC adverts, or other methods of advertising not expressly permitted in this Agreement, by contacting affiliates@betano.co.uk. If we allow you to use PPC adverts or other methods of advertising, we will notify you by email. 5.8. You MUST:
5.9. You MUST NOT:
Approved Layouts 5.10. You will only use our approved advertising creative (banners, editorial columns, images and logos) and will not alter or modify their appearance nor refer to us in any promotional materials other than those which are available to you. 5.11. You agree that you will adhere with all policy and guideline documents which we send you from time to time. In addition, you agree that you will keep up to date with all marketing rules and guidelines and that you will undertake any online training courses which we may require you to complete. 5.12. You MUST NOT:
Responsibility for Your Website 5.13. You will be solely responsible for the development, operation, and maintenance of your Website and for all materials which appear on your site, including the proper functioning of all hyperlinks to the landing page of our offer. For example, you will be solely responsible for ensuring that materials posted on your Website are not libelous, indecent or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your Website. 5.14. You MUST NOT carry out any of the following actions:
5.15. You acknowledge that deriving revenue from websites that facilitate the infringement of a third party's intellectual property rights, including (but not limited to) unlicensed streaming sites and file download sites, will constitute a breach of this Agreement and we will be entitled to terminate this Agreement immediately. 5.16. You are responsible for ensuring that your Website is compliant with this Agreement. If, in our sole discretion, your Website is not compliant with the terms under this Agreement we reserve the right to close your account and no Referral Commission will be payable. If we determine that your non-compliance can be remedied, we shall notify you of your non-compliance and what needs to be actioned to ensure your Website is compliant again. 5.17. If your Website is still non-compliant after 72 hours of us notifying you, we reserve the right to suspend your account with immediate effect and you shall not be entitled to Referral Commission during your account suspension. Once the necessary steps have been taken for your Website to become compliant again, you must notify us and we will re-activate your account. Licensing Requirements 5.18. You acknowledge that we are licenced by the Great Britain Gambling Commission, (the “Regulator”). You agree to comply with the licence conditions and/or codes of practice issued by the Regulator and any other laws and regulations that apply. 5.19. You agree: a) to comply with any applicable law and regulations, including any marketing requirements and Data Protection Laws; b) to comply with legislation, codes and regulations applicable to the jurisdiction in which you are advertising; c) to comply with any applicable consumer protection legislation; d) observe and comply with all reasonable directions and instructions issued by us; e) to provide such information to us as we may reasonably require in order to enable us to comply with our information reporting and other obligations to the Regulators; f) not alter the appearance, location, operation, design and content of our approved banners and text links and/or promotional messaging, or complete any action that will have the effect of:
g) ensure that any free-to-play content available on or via Affiliate Website or any ability to place any form of wager (whether or not real money, free bet or bonus or otherwise) is subject to user age verification and only available to 18+; and h) to benefit from traffic known or suspected to arise from fraud. If we discover that you are in breach of this section, we will be entitled to terminate this Agreement immediately and/or withhold commission generated without recourse for you. Continued Promotion 5.20. You shall use all commercial efforts to market and promote our products and we reserve the right to terminate this Agreement if you do not do this. 5.21. You shall incorporate and always display the most up-to-date links and creative content which we provide you with. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers. Good Faith 5.22. You will not benefit from traffic you know or suspect to be generated in bad faith, regardless of if this causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe there has been such traffic. 5.23. We also reserve the right to withhold the Referral Commission, affiliate payments and/or suspend or close accounts where Customers are found to be abusing any of our offers or promotions, whether done with, or without your knowledge. Such situations to include but not be limited to different Customers betting both sides of an event or market to limit risk and claim bonuses. 6. Our Marks and IP6.1. We grant to you a non-exclusive, limited, royalty free, revocable, non-transferable licence to use our trade name, trademarks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely whilst you are a member of the Affiliate Programme and only in connection with the display of the promotional materials on your Website. 6.2. This licence 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 licence. 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 must notify us immediately if you become aware of the misuse of the Marks by any third party. 6.3. You shall not register (or apply to register) any domain names, trademarks, social media account or page, or platform similar to those used by or licensed to BV Gaming or registered in the name of BV Gaming or our group companies or any other name that could be understood to designate Betano. 7. Bidding on Brand terms7.1. You acknowledge that BV Gaming owns several brands, including BetVictor, Parimatch, Heart Bingo, talkSPORT BET, WizSlots and Betano brands (“Brands”) and that you must not bid on, purchase or register any branded keywords, search terms or other identifiers which are identical or similar to any of BV Gaming’s or its group companies’ trademarks for use in any search engine, portal, sponsored advertising service or other search or referral service. Similarly, you must not bid on, purchase or register words such as, but not limited to, "BVGroup", “BVGroup gaming”, “BVGroup casino”, “BVGroup bingo”, “BetVictor", “BetVictor gaming”, “BetVictor casino”, “BetVictor bingo”, “Parimatch", “Parimatch gaming”, “Parimach casino”, ‘’Heart Bingo", “Heart Bingo gaming”, “Heart Bingo casino”, “Heart Bingo bingo”, “Heart Bingo slots”, “talkSPORT BET", “talkSPORT BET gaming”, “talkSPORT BET casino”, “WizSlots", “WizSlots gaming”, “WizSlots casino”, “WizSlots bingo”, “Betano”, “Betano gaming”, “Betano casino” and any variations of the same. You must not include metatag keywords on sites which are identical or similar to any of BV Gaming’s or its group company’s trademarks. 7.2 We will be entitled to terminate this Agreement immediately without recourse for you if we discover that you are in breach of this section 7. 8 Payment.Referral Commission 8.1. Subject to your compliance with the terms of this Agreement, we will pay you referral commission as specified below ("Referral Commission”). This will be based on revenue which we earn from Customers directed from your Website after they open an account with us and wager for real money. 8.2. You are only entitled to Referral Commission when:
The Minimum Payment Threshold is:
8.3. We will carry forward negative balances in your Affiliate Account and set these off against future Referral Commission. You are only entitled to Referral Commission when your Affiliate Account has a positive balance at the end of any given calendar month (“Negative Carryover”). An example of how Referral Commission is calculated is set out in section 8.6. 8.4. Referral Commission is payable after the end of the calendar month for an active verified account, with earnings above threshold for the chosen payment method. If you meet this criteria, for the first three (3) years following a Customer’s registration (“Initial Period”) we will pay you the Referral Commission calculated at 30% of monthly Net Gaming Revenue (as defined below) from your Target Product (as defined below) and 15% of monthly Net Gaming Revenue from your Secondary Product. ‘Net Gaming Revenue’ (NGR) means all gross monies which we receive from Customers’ settled bets after deducting customer winnings, cash bonuses or credits, taxes, fraudulent bets, bets subject to chargebacks, returned stakes, administration fees and third party fee’s (including but not limited to processing fees, verification/validation fees, software royalties, game content fees, sports/racing fees or other costs relatable to the Customer). ‘Target Product’ means the product you have agreed to promote whilst you are a member of the Affiliate Programme. Your Target Product will either be (a) Sports or (b) Casino and Games. ‘Secondary Product’ means the alternative product to your Target Product. For example, if your Target Product is Sports, your Secondary Product shall be Casino and Games. 8.5. If you are not in breach of this Agreement, as may be determined by us, you will be entitled to:
For the avoidance of doubt, no Referral Commission shall be payable after 5 years of customer activity. How we calculate the Referral Commission 8.6. You will earn a Referral Commission which will be calculated at the end of each month whilst you are a member of the Affiliate Programme. We will only pay you Referral Commission if you meet the criteria stated by this section 8 and when you have legitimately generated it. We pay you your Referral Commission once a month. 8.7. Examples of how Referral Commission is calculated:
8.8. From time to time, we may change how we calculate Referral Commission and will give you as much notice as is reasonably practicable when we do this. Please note that our calculations of the Referral Commission are final. How we pay you the Referral Commission 8.9. You will be paid Referral Commission by Neteller, Skrill or by bank transfer. For the avoidance of doubt, you are not entitled to earn Referral Commission from your own betting activity. Please be aware that although we will not deduct any charges for arranging a bank wire, your own bank may choose to levy a charge on such transactions. 8.10. All Referral Commission payments will be due and paid in the currency agreed with you (which shall be either Euros, Pound Sterling, United States Dollars, Canadian Dollars). Referral Commission is calculated in Pound Sterling. Where currency conversion is required, all amounts are converted using our internal exchange rates. Payments made by Neteller or bank transfer are processed in Pound Sterling and may be subject to bank fees and exchange rates. We define currency exchange rates at the start of each calendar month and a copy of our current exchange rates is available on request. Referral Commission generated from referring Customers who hold accounts in currencies other than Pound Sterling will be converted using our internal exchange rates. 8.11. All equivalent amounts in currencies other than Pound Sterling will be calculated using our internal exchange rates as applicable in the relevant month. 8.12. You must account for tax payable on your Referral Commission. When regulatory authorities require us to account for that tax, we can withhold the amount payable from your Referral Commission. When No Referral Commission Is Payable 8.13. We will not pay you Referral Commission when:
The above will be determined by us in our sole discretion and our decision is final. Your Referral Commission may also be reduced or suspended if you reduce the promotion of our brand. 8.14. We reserve the right to withhold all, or a part of, your Referral Commission if we consider that the revenue you have generated is at risk of chargeback. We will only pay out amounts which we consider to be at risk of chargeback after six (6) months have passed. 8.15. Further, we also have the right to retain all Referral Commission if within one (1) month from the registration date, the Customer account is restricted for one, or a combination of, the following categories, namely Customers who have experienced a restriction on their account:
9. Closing Your Affiliate Account9.1. We reserve the right to close your Affiliate Account when we consider that you have breached the terms of this Agreement. 9.2. We also reserve the right to close your Affiliate Account when we consider it inactive. Your Affiliate Account is inactive when:
We will notify you that your Affiliate Account has become inactive by email. We retain funds which remain in your account for a minimum of one (1) month after we have closed it owing to inactivity. 9.3. Furthermore, we reserve the right to close your Affiliate Account if a minimum of sixty percent (60%) of the Customers you refer in any calendar month constitute one, or a combination of, the following categories, namely, Customers who:
9.4. We have the right to retain all Referral Commission in these scenarios:
10. Term and Termination10.1. The term of this Agreement will begin when you are approved with an active Affiliate Account and will continue unless and until the Agreement is terminated. Termination without Cause 10.2. Both you and we may terminate this Agreement at any time on forty-eight (48) hours’ written notice to the other party. Termination for Cause 10.3. We may also terminate immediately this Agreement for cause if you:
Such termination will take effect immediately. You will not be eligible to receive the Referral Commission after the date of termination of this Agreement and no further payments will be made to you. Termination due to Unsuitable Sites 10.4. We may terminate this Agreement immediately if we determine (in our sole discretion) that your site is unsuitable. “Unsuitable sites” include, but are not limited to, those which are: aimed at children, display any illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice. 11. Consequences of Termination11.1. Upon termination, you must remove all of our banners/icons from your Website and disable all links from your Website to our Website within forty-eight (48) hours. 11.2. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of our Marks. 11.3. Please note that you are not eligible to receive Referral Commission after the date of termination of this Agreement. This applies also when this Agreement is terminated for any reason by either party. 12. Warranties12.1. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations. 12.2. You warrant and represent to us that:
12.3. We make no express or implied warranties or representations with respect to the Affiliate Programme, about ourselves or the Referral Commission payment arrangements and do not express or imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our Website will be uninterrupted or error-free and will not be liable for the consequences if there are any. 13. Indemnity13.1. You agree to indemnify, and hold us, our directors, employees and representatives, harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with, events such as, but not limited to:
14. Limitation of liability14.1. We are not liable to you under this Agreement unless you have been a member of the Affiliate Programme for more than three (3) months. If you have been a member of the Affiliate Programme for more than three (3) months, our aggregate liability under this Agreement will not exceed the total Referral Commission paid to you in the period of twelve (12) months immediately prior to our breach. 14.2. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages. 15. Confidential Information15.1. During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate Programme. You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. 15.2. Your obligations with respect to confidential information survive the termination of this Agreement. 16. Data Protection16.1. You shall always comply with privacy and data protection laws, including the Regulation (EU) 2016/679 (the General Data Protection Regulation), the UK Data Protection Act 2018, the Gibraltar Data Protection Act 2004, and any applicable national implementing laws, regulations and secondary legislation in the UK and Gibraltar relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the UK’s Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and Gibraltar’s Communications (Personal Data and Privacy) Regulations 2006 (“Data Protection Laws”). 16.2. Your Affiliate Account is also governed by our Privacy Notice which can be accessed 17. General17.1. Relationship of the parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement. 17.2. Entire Agreement. You acknowledge that this Agreement constitutes the entire agreement between the parties. 17.3. Governing law. These terms are governed by the English law, and you can bring legal proceedings in respect of this Agreement in the Gibraltar courts. 17.4. Assignability. You may not assign, transfer, mortgage, charge, subcontract, or declare a trust over any of your rights or obligations under this Agreement, by operation of law or otherwise, without our prior written consent. We may at any time assign, transfer, mortgage, charge, subcontract, or declare a trust over any of our rights or obligations under this Agreement. 17.5. 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, deletions or interlineations of this Agreement are permitted or will be recognized by us. 17.6. Remedies. Our rights and remedies hereunder shall not be mutually exclusive. This means that our exercise of one or more of the provisions of this Agreement does not preclude us from exercising other provisions. 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, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. 17.7. Severability. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.If any provision or part-provision of this Agreement is deemed deleted as above, we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision. 17.8. Third parties. Anyone who is not a member of the Affiliate Programme does not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms. 17.9. Variation. No variation of these terms shall be effective unless both parties agree to the variation. 17.10. Notices. You shall provide notices in writing and all communication should be directed to security@bv-group.com.
Appendix A
SPECIAL TERMS APPLICABLE TO AFFILIATES OPERATING IN THE UNITED KINGDOM 1. In addition to all the above clauses, the following Special Terms shall apply to Affiliates operating in the UK. 2. You acknowledge and agree that we are regulated by the Great Britain Gambling Commission and therefore you are required to comply with the latest version of the Licence Conditions and codes of practice (“LCCP”) and any other applicable law and regulatory requirements. 3. In addition to your obligations in this Agreement, you agree to: a) have due regard for, and act at all times in a manner consistent with, the LCCP, as though you were a licensee of the the Great Britain Gambling Commission yourself, and you agree to demonstrate your consideration of, and adherence with, the LCCP in all of your activities as an Affiliate. b) to comply with legislation, codes and regulations applicable in the UK, including but not limited to those issued by:
c) comply with the Advertising Standards Authority's CAP Code (in particular sections 3, 8, 16 and 17) and any related guidance issued from time to time. d) comply with the IGRG Industry Code for Socially Responsible Advertising (“IGRG Code”). In particular, you must comply with the negative keyword list we provide to you if we allow you to use PPC adverts. e) ensure that free to play games are not displayed to the Customers who have not been age-verified. f) ensure that none of your adverts contain words listed in the BGC keywords list. 4. If we permit you to use PPC adverts, you shall ensure that all PPC adverts targeted at Customers located in the UK include the following:
5. You must carry out the following actions in accordance with the IGRG Code:
6. If we permit you to use social media advertising, all images intended to be used via social media advertising must be approved by us before publication. You shall ensure that all adverts targeted at Customers located in the UK comply with this Appendix A and additionally include the wording: a) “18+ only” b) “begambleaware.org”; and c) “#AD” In the event that you are promoting an offer using social media adverts, you must also include: d) a disclaimer of the offer e) terms and conditions must be one click away 7. Notwithstanding any other rights or remedies, if we discover that you are in breach of this Appendix A, we will be entitled to terminate this Agreement immediately without recourse for you.
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