BetVictor Betting & Casino Affiliate Program
BETVICTOR AFFILIATES PROGRAMME – TERMS AND CONDITIONS
A BetVictor operates:
(i) the BV Website, for the purpose of marketing its Product to users; and
(ii) the Programme Website for the purpose of marketing its Affiliate Programme.
B The Affiliate operates the Affiliate Website for the purpose of marketing its product to users.
C The Affiliate wishes to become a member of the Affiliate Programme so that it can drive Affiliated Customers to the BV Website and earn Commission.
D Where the Registration Form is completed by the Affiliate and accepted by BetVictor, BetVictor will open an Affiliate Account for the Affiliate, the use of which is governed by these Terms.
- DEFINITIONS AND INTERPRETATION
In these Terms, the following definitions shall apply:
|Affiliate||The individual or entity named as the beneficiary for payment purposes in the Registration Form, accepted into the Affiliate Programme;
|Affiliate Account||An account opened by BetVictor for the Affiliate to join the Affiliate Programme, where the Registration Form completed by the Affiliate is accepted by BetVictor;
|Affiliate Programme||The “BetVictor Affiliate Programme” as described in these Terms and on the BV Website which is operated by the Affiliate Team;
|Affiliate Team||As defined in Clause 2.3;
(b) social media accounts with Twitter and/or Facebook; and
owned and operated by the Affiliate and specified in the Affiliate Account on registration;
|Affiliated Customers||The Affiliate’s visitors:
(a) who join BetVictor’s customer database (by way of registering for one (01) or more Product);
(b) after arriving at the applicable site(s) via one of the Affiliate’s click-thru URLs (which will be provided to the Affiliate when it joins up to the Affiliate Programme;)
(c) who have deposited funds to their Affiliated Customer account; and
(d) who have conducted betting or playing activity in one (01) or more Product;
|Approval||Notification by BetVictor to the Affiliate that the Final Content is acceptable for use by the Affiliate;
|The following countries, from which Customers and Affiliated Customers are not accepted;
|BetVictor||BetVictor Limited, trading as “BetVictor”, a company registered in Gibraltar (company number 42734) with its registered office at Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA and trading from Suite 2:01, World Trade Center, Bayside Road, Gibraltar, GX11 1AA;
|www.BetVictor.com which provides the Product;
|Casino & Games
|The casino and games listed on the BV Website;|
|Commission|| Percentage of Net Revenue earned by BetVictor from Affiliated Customers, payable after the end of each calendar month only if:
(a) The Commission earned in the period minus Negative Carryover from any previous period(s) exceeds the Minimum Payment Threshold; and
(b) the Affiliate raises an invoice to request payment through Income Access.
For an Affiliate registered with the Affiliate Programme on or after 01 December 2015, Net Revenue commission payments will be based on the Target Product that the Affiliate selects on the Registration Form:
|Company Details||Information including (but not limited to):
(a) company name;
(b) company registration number;
(c) country of incorporation;
(d) register of directors; and
(e) names of the beneficial owners;
|Contact information for the Affiliate including (but not limited to):
(a) first name;
(b) last name;
(d) telephone number; and
(e) e-mail address;
|Customers of the BV Website, which do not include Affiliated Customers;
|The email and/or SMS marketing promotion which is created and operated by the Affiliate;
|Final Content||The final version of the Proposed Content;
|Fraud||Any actual or attempted act which is considered in BetVictor’s reasonable judgment:
(a) to be made in bad faith;
(b) with intent or effect to defraud BetVictor;
(c) with intent or effect to circumvent any restrictions; or
(d) other applicable provisions or which is or would be in breach of any applicable laws or regulations and includes without limitation: (i) collusion; (ii) manipulation; (iii) other hacking; (iv) unauthorised accessing of betting or gaming software or systems; (v) abuse of promotions or bonus awards; (f) breach of applicable terms and conditions; (vi) breach of money-laundering laws; (vii) the use of stolen credit or debit cards; (viii) or unauthorised use of any payment mechanisms,
|Gross Revenue||Real cash stakes less (-) real cash payouts;
|Inactive Account||An Affiliate Account which the Affiliate:
(a) has not logged into for three (03) consecutive months or more; and/or
(b) has not referred at least three (03) active, depositing player per calendar month;
|Income Access||Income Access Limited, a company registered in England and Wales (company registration number 05819332) and its registered office at 25-27 Canada Square, London, E14 5LQ, United Kingdom;
|IP||All right, title and interest in its names, logos, trademarks, service marks, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future including in all materials on its own site;
|Marks||“BetVictor” brand name, trademarks, service marks, logos and any other designations, which BetVictor may from time to time approve in writing;
|Minimum Payment Threshold||The minimum value at which an Affiliate may request payment is:
(a) GB £500 for a UK or international bank transfer; and
(b) GB £50 for Skrill, Neteller and the account of an Affiliated Customer;
|Net Revenue||Gross Revenue minus taxes, processing fees and cash bonuses;
|Negative Carryover||Where Commission is in a negative value at the end of a month, this negative value will be carried over to the following month;
|Period||A calendar month of the Term;
|Potential Customers||Individuals identified by the Affiliate that could become Affiliated Customers;
(a) Sports; and
(b) Casino & Games;
offered by BetVictor;
(a) the proposed creative; and
(b) the proposed content of the E-Promotion;
|Records||Records comprising of:
(a) the time and date of opt-in;
(b) the method of opt-in (including the name of the publication / website where he opt in was made;
(c) the reference to a betting and gaming company and/or to BetVictor; and
(d) details of the rigorous checks carried out by the Affiliate to satisfy the Affiliate that the personal data is used fairly and lawfully;
|Registration Form||The registration form completed by the Affiliate through the Programme Website to join the Affiliate Programme which includes:
(a) the Target Product; and
(b) a list of URLS;
|The legislation, codes and regulations issued by the following regulatory bodies which govern advertising and promotions:
(a) UK Code of Non-Broadcast Advertising & Direct & Promotional Marketing;
(b) Advertising Standards Authority;
(c) Committee of Advertising Practice;
(d) Government of Gibraltar – Gibraltar Gambling Commissioner;
(e) Gambling Commission of Great Britain;
(f) Revenue Commissioner (Ireland); and
(g) Competition and Markets Authority (UK);
|The sports product on the BV Website;
|Statements||The significant terms of the offer, including, but not limited to:
(a) “New customer offer”;
(b) Deposit requirements for casino and/or sportsbook;
(c) Whether wagering requirements apply;
(d) “Terms and conditions apply” (and including web link);
(e) www.begambleaware.org; and
(f) “18 + only;
|The method by which an Affiliated Customer’s account is linked to an Affiliate Account;
|Target Product||The target product selected by the Affiliate being either:
(a) Sports; or
(b) Casino & Games;
|Tax||Value added tax or another applicable sales tax;
|Term||The date specified in the Registration Form and rolling thereafter;
|Third Party Consent||Consent obtained from an individual who has positively consented, to his/her personal data (including but not limited to name; age; and email address) being shared with either:
(a) a betting and/or gaming company; or
(b) specifically BetVictor;
|Tipping Pages||Websites that post betting tips; and
|URLS||The Affiliate’s URLS and/or domains connected to buying media and/or ad network where the BV Website will be featured.
1.2.1 Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms.
1.2.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.2.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.2.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
1.2.5 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.2.6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
1.2.7 A reference to writing or written includes email.
1.2.8 References to clauses and schedules are to the clauses and schedules of these Terms.
1.2.9 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. ABOUT BETVICTOR
2.1 The Affiliate Programme offered through the Programme Website is owned and operated by BetVictor.
2.2 BetVictor is licensed and regulated in Gibraltar, Great Britain and Ireland with the following licence details:
|Government of Gibraltar.
|Licensed to undertake:
|· Remote gambling – fixed odds betting; and
· Remote gambling – online casino.
|Gibraltar Gambling Commissioner.
|Gambling Commission of Great Britain.
|Licensed to undertake:
|· To provide facilities for real event betting other than pool betting; or
· Betting on virtual events;
· to manufacture, supply, install or adapt gambling software;
· to operate a casino; and
· to provide facilities for virtual event betting other than pool betting or betting on real events; to provide facilities for pool betting.
|Regulated by:||Gambling Commission of Great Britain.
|Licensed to undertake:
|· To act and carry on business as a remote bookmaker.|
2.3 BetVictor may be contacted as follows regarding these Terms:
|Affiliate Team||Head of Legal|
Suite 2:01 World Trade Center
Suite 2:01 World Trade Center
- APPLICATION OF THE TERMS TO THE AFFILIATE ACCOUNT, RIGHTS AND RESERVATIONS
3.1 Where an Affiliate Account is opened to use the Product, it is governed by:
3.1.1 these Terms;
3.13 the Banned Country List.
3.2 BetVictor grants the Affiliate the non-exclusive, limited, revocable, non-assignable right to:
3.31 direct Potential Customers to the BV Website; and
3.2.2 provide a hypertext reference link to the initial, top level display of the Affiliate Website, for the sole purpose of linking the Affiliate Website to the BV Website.
3.3 BetVictor reserves the right to:
3.3.1 describe itself as acting “in association with the Affiliate” or similar expression on all banners or buttons as required;
3.3.2 withhold Commission and close any Affiliate Account which BetVictor considers, in its sole discretion, to be an Inactive Account. Each decision will be influenced by:
(a) the last login date;
(b) number of clicks;
(c) number of impressions; and
3.3.3 notify the Affiliate if the Affiliate Account is an Inactive Account (via the Contact Details);
3.3.4 to retain any funds in an Inactive Account if they remain in an Inactive Account for a period of one (01) month or more from the date of closure;
3.3.5 retain all Commission due to the Affiliate under the Affiliate Account if BetVictor has reasonable cause to believe that such traffic has been directed using Fraud;
3.3.6 refuse Affiliated Customers (or to close their accounts) if necessary to comply with any requirements BetVictor may periodically establish or otherwise as applicable under the terms applying to Customers, and/or in order for us to comply with such other legal and regulatory obligations and requirements, including those provided by the Regulatory Bodies;
3.3.7 terminate the Commission if the Affiliate ceases to promote the BV Website;
3.3.8 withhold Commission and/or suspend or close accounts of Affiliated Customers where such Affiliated Customers are found or suspected to be using Fraud;
3.3.9 close the Affiliate Account if the Affiliate only refers, or refers sixty percent (60%) or more of Affiliated Customers:
(a) closed by traders for arbitrage / unsuitable business;
(b) closed by security;
(c) bonus excluded; and
(d) linked to others closed for Fraud and/or bonus abuse.
- CHANGES TO THE TERMS
4.1 BetVictor may change any of the Terms in its complete discretion for:
4.1.1 commercial reasons;
4.1.2 regulatory compliance, instructions, guidance or recommendations; or
4.1.3 customer service reasons.
4.2 Where BetVictor intends to make a change to the Terms, BetVictor will notify the Affiliate through a pop up banner when the Affiliate logs into the Affiliate Account.
4.3 To continue to use the Product and/or the Affiliate Account after the notification in Clause 4.2 above, the Affiliate will be requested to physically accept the revised terms via the pop up banner.
4.4 If the updated Terms are unacceptable to the Affiliate, the Affiliate will be unable to continue to use the Affiliate Account and the Product.
4.5 The Terms were last updated on 28 February 2018 and each and every update supersedes any previous terms.
- OPENING AN AFFILIATE ACCOUNT
5.1 Registration Form
5.1.1 The Affiliate shall complete the Registration Form, in which the Affiliate will be asked to provide BetVictor with the Contact Details and, if applicable, the Company Details.
5.1.2 It is the Affiliate’s responsibility to notify BetVictor of any changes to the Contact Details and/or Company Details, which can be updated by either:
(a) visiting the “My Account” and “Account Details” section of the Affiliate Account; or
(b) by contacting us using the information in Clause 2.3.
5.2 Identity Verification
5.2.1 BetVictor will verify the Affiliate’s identity through the information provided by the Affiliate on the Registration Form and by obtaining further information from public sources and data.
5.2.2 The Affiliate agrees that BetVictor may use any personal information provided by the Affiliate for the purposes of verifying the Affiliate’s identity.
5.2.3 The Affiliate agrees to provide BetVictor with any supporting documents that BetVictor may reasonably request.
5.2.4 If the Affiliate is in an individual, it shall provide BetVictor with:
(a) valid passport copy;
(b) valid driving licence copy;
(c) a copy of a utility bill from the last three (03) months
(d) a letter of reference from the individual’s bank from the last three (03) months; or
(e) a copy of a bank statement from the last three (03) months.
5.2.5 If the Affiliate is a company, it shall provide BetVictor with information regarding the identity of the beneficial owner(s) of the company and the identity of the directors of the company and, if required:
(a) a copy of the company’s certificate of incorporation;
(b) articles of association (or equivalent document);
(c) duly approved corporate resolution;
(d) a certificate of good standing;
(e) power of attorney (if applicable)
5.3 Affiliate Account
5.3.1 Where the Registration Form and identity verification is accepted by BetVictor, the Affiliate Account will be opened and may be used by the Affiliate to promote the Product.
5.3.2 The Affiliate Account will be operated using software provided by Income Access. The Affiliate agrees to be bound by the terms for the use of software as declared by Income Access on their website: https://incomeaccess.com/terms-conditions/.
The Affiliate warrants that it:
(a) is legally able to enter into contracts;
(b) has not previously held an Affiliate Account with BetVictor;
(c) has not had an account closed with a third party online business as a result of fraudulent activity on the part of the Affiliate;
(d) acknowledges that it is the Affiliate’s responsibility to ensure that it understands and fully complies with any laws or regulations:
(ii) provided by the Regulatory Bodies;
(iii) applicable in the Affiliate’s own country or state; and
(iv) applicable to the country or countries to which the Affiliate will be marketing or promoting BetVictor;
(e) will comply strictly with these Terms;
(f) maintain a suitable internet usage policy regarding the BV Website and the Affiliate Website; and
(g) shall not attempt to open an Affiliate Account on behalf of a third party.
These warranties shall continue throughout the period during which the Affiliate is a member of the Affiliate Programme.
- AFFILIATE OBLIGATIONS
6.1 The Affiliate shall:
6.1.1 use all reasonable and commercial efforts to market and promote the Product to generate Affiliated Customers;
6.1.2 extract links from the Affiliate Programme to direct to the landing page of the relevant BetVictor offer (which is created and uploaded by BetVictor to the Affiliate Programme and will contain the full terms and conditions of the relevant offer);
6.1.3 be solely responsible for the development, content, operation, and maintenance of the Affiliate Website, including the proper functioning of all hyperlinks to the landing page of the relevant BetVictor offer;
6.1.4 ensure that each advert promoting an offer created by BetVictor (which is uploaded by BetVictor to the Affiliate Programme) is compliant with BetVictor brand image and where the Affiliate requires support in respect of the same, the Affiliate shall follow the process set out in Clause 6.12 below before publishing such advert;
6.1.5 only use syntax of the hypertext transfer links designed and designated by BetVictor as the only authorised and permitted representation of the BV Website;
6.1.6 incorporate and prominently and continually display the most up-to-date links and creative provided by BetVictor on the Affiliate Programme;
6.1.7 be solely liable for the content and manner of its marketing and promotional activities ensuring that all such activities are conducted in a professional and lawful manner;
6.1.8 be compliant with all applicable requirements of the Regulatory Bodies;
6.1.9 be compliant with all applicable requirements in force within the jurisdiction that the Affiliate is operating from and also the jurisdictions of the Customers and any related gambling legislation;
6.1.10 ensure that all marketing, advertising and promotions targeted at Potential Customers includes the Statements;
6.1.11 use any banners on the BV Programme as the sole methods of advertising and/or promotion on behalf of BetVictor; and
6.1.12 in advance of any campaign, where the Affiliate requires clarity, discuss the Proposed Content with BetVictor. Once the Proposed Content has been discussed between BetVictor, the Affiliate shall send BetVictor an electronic version of the Final Content. Where BetVictor is happy with the Final Content, it shall provide the Approval. The Affiliate shall only commence a campaign when in receipt of the Approval. Within five (05) days of the date of the request from BetVictor, the Affiliate shall also send any historical Final Content to BetVictor for its records, free of charge.
6.2 The Affiliate must not:
6.2.1 use any means to promote the Affiliate Website which resemble in any way the look and/or feel of the BV Website;
6.2.2 set up or use any websites that create the impression that they are owned and/or operated by BetVictor;
6.2.3 mislead a Potential Customer that it is promoting BetVictor directly;
6.2.4 use any emails or articles appearing on the BV Website;
6.2.5 offer links to the BV Website from the Banned Countries;
6.2.6 alter the form, location or operation of the links without BetVictor’s prior written consent;
6.2.7 undertake an E-Promotion without BetVictor’s prior written consent and where consent is granted, the Affiliate shall comply specifically with the requirements set out in Clause 7;
6.2.8 undertake advertorial style marketing or use pop unders;
6.2.9 knowingly benefit from traffic known or suspected as being generated as a result of Fraud whether or not it actually causes us damage;
6.2.10 carry out or allow, whether through the Affiliate Website or otherwise:
(a) any form of spamming;
(b) advertise or promote BetVictor in any way that may have a detrimental effect on the image, reputation or integrity of BetVictor;
(c) post messages regarding BetVictor or the BV Website to any newsgroups, chat rooms and/or bulletin boards;
(d) make any claims or representations, or give any warranties, in connection with BetVictor; and
(e) have no authority to, and shall not, bind BetVictor to any obligations;
6.2.11 place or allow the placement of any marketing materials on any third-party website or other medium (including an E-Promotion) pursuant to any campaign where the content of and/or materials on such website or medium is:
(e) sexually explicit;
(g) indecent material;
(h) hate speech;
(i) subject matter is highly objectionable; or
(j) material which is, in BetVictor’s sole discretion, otherwise unsuitable including (but not limited to) online piracy; file sharing; or illegal streaming;
6.2.13 attempt to open a second (2nd) or more Affiliate Accounts without BetVictor’s prior written consent;
6.2.14 breach any applicable law, regulation or requirement of a Regulatory Body;
6.2.15 make available directly or indirectly links to BetVictor accessible from countries in the Banned Countries policy or as otherwise notified to the Affiliate by BetVictor;
6.2.16 breach the Gambling Act 2005 (as amended) or any other applicable law or regulation in relation to marketing and promotion of BetVictor;
6.2.17 transfer an Affiliate Account to new beneficial account owner, without BetVictor’s prior written consent;
6.2.18 use any challenge or Tipping Pages, without clarifying that the challenge and success is not guaranteed and under no circumstances should results be misconstrued or manipulated to suggest that results were more favourable;
6.2.19 apply to register, or register, any:
(a) domain name;
(b) social media account / page; or
using any names or brands that are the same as, or similar to, those owned and/or operated by BetVictor, including but not limited to a brand or domain using misspelling, addition, omission of characters, phonetic similarity or otherwise.
6.2.20 purchase or register keywords, bid on BetVictor branded key words, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service without BetVictor’s prior written consent; and
6.2.21 use trademarks, URLs or variations thereof for use in HTML coding (including but not limited to ‘meta tags’, ‘meta descriptions’, ‘meta content’, ‘page titles’, ‘titles’).
6.3 Third party complaints and Regulatory Fines
6.3.1 If BetVictor receives a complaint from a Customer or a third party which states or infers that the Affiliate has been or is engaging in any of the activities specified in Clause 6.2 and/ or has breached any of the requirements set out in Clause 6.1 and/or Clause 7 (a Complaint), the Affiliate consents to BetVictor disclosing the Affiliate’s Contact Details to the complaining party so that the Affiliate can resolve the complaint directly. In addition, the Affiliate warrants and undertakes that the Affiliate will immediately cease engaging in the practices resulting in the Complaint and make every effort to resolve the complaint as soon as practicable. BetVictor reserves all of its rights without limitation, including the right to immediately terminate the Affiliate Account and to set off or charge the Affiliate for all claims, damages, expenses, costs, or fines incurred or suffered by BetVictor in relation to a Customer or third-party complaint in respect of this Clause 6.3. Nothing stated or omitted in these Terms shall in any manner prejudice any such rights.
6.3.2 The Affiliate will indemnify and hold BetVictor and its respective directors, officers, members, employees, representatives and advisors harmless from all claims, damages, and expenses (including, without limitation, legal fees and expert witness fees) relating to the development, operation, maintenance, accuracy and compliance of the contents of the Affiliate Website and/ or any materials, products or services linked to it. The Affiliate acknowledges that its conduct as an Affiliate has the potential to cause substantial damage to the reputation of BetVictor and the undertakes to consider the reputation of BetVictor and to act in an appropriate manner at all times while holding an Affiliate Account.
6.3.3 In the event that BetVictor receives a fine from a Regulatory Body directly attributable to the breach by the Affiliate of these Terms, the Affiliate shall reimburse BetVictor in full for the total amount of the fine.
If the Affiliate requires any further guidance on this Clause 6, the Affiliate shall contact the Affiliate Team prior to commencement of a marketing campaign.
7 E-PROMOTION REQUIREMENTS
7.1 Where the Affiliate has obtained consent from BetVictor under Clause 6.2.7 above to operate an E-Promotion, the Affiliate must comply with the following terms set out in this Clause 7, including:
7.1.1 Marketing communications for gambling must be socially responsible with particular regard for the need to protect children, young persons and other vulnerable persons from being harmed or exploited (CAP Code 16.1);
7.1.2 Marketing communications should avoid approaches that give erroneous perceptions of the level of risk involved or the extent of a gambler’s control over a bet or gambling in general;
7.1.3 Marketing communications should not unduly pressure the audience to gamble, especially when gambling opportunities offered are subject to a significant time limitation;
7.1.4 Marketers should take care to avoid approaches that trivialise gambling and avoid the impression that the decision to gamble should be taken lightly; and
7.1.5 Marketing communications must not portray or otherwise refer to individuals displaying problem gambling behaviours or other behavioural indicators linked to problem gambling.
7.2 Campaign Terms
The Affiliate shall ensure that the significant terms of any marketing campaign or promotion are contained within the body of the advertisement with a clearly accessible link to the full terms of the promotion not more than one click away. In addition, marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated and not more than one click away(CAP Code 8.18)
7.3 Opt In
The Affiliate shall:
7.3.1 only send an E-Promotion to individuals who have either:
(a) opted-in; or
(b) from whom the Affiliate has Third Party Consent;
7.3.2 keep clear and up to date records evidencing the Third Party Consent, which shall include (without limitation) the Records;
7.3.3 provide copies of the Records to BetVictor within twenty-four (24) hours of the date of BetVictor’s request; and
7.3.4 provide a copy of the Affiliate’s current “opt -in / opt-out” policy which shall be compliant with applicable laws and regulations, including without limitation, the Privacy and Electronic Communications Regulations 2003 (as amended) within twenty-four (24) hours of the date of BetVictor’s request.
7.4.1 Email Campaign: Any email must originate from a valid email address (which is verifiable by BetVictor if required), which is unconnected to BetVictor and which does not contain any registered trademarks, domain names or brand names of the foregoing (or anything confusingly similar), or otherwise infringe the intellectual property rights of any third party. The Affiliate is required to notify BetVictor of any relevant email address used from time to time.
7.4.2 SMS: Any SMS message must show a valid mobile number (which is verifiable by BetVictor if required) to which the “STOP” or “UNSUBSCRIBE” option is directly connected. The Affiliate shall notify BetVictor of any relevant mobile numbers on request.
7.5 Subject Line
The subject line of any email should be agreed in writing by BetVictor prior to use.
7.6 Legal, Regulatory and Responsible Gambling Requirements
7.6.1 Emails: The Affiliate shall:
(a) include the Statements;
(b) include confirmation that the email is sent by the Affiliate (usually within the email header and/or footer), and, where applicable, include the Company Details and the email shall not purport to have been sent by BetVictor;
(c) include a fully functional and clearly visible “unsubscribe” link, which shall be linked solely to the Affiliate and which does not contain any reference to BetVictor; and
(d) maintain appropriate records of unsubscribed requests and corresponding email addresses and provide a copy to BetVictor promptly upon request.
7.6.2 SMS: The Affiliate shall:
(f) include the Statements;
(g) state that the SMS is sent by the Affiliate and it shall not purport to have been sent by BetVictor;
(h) include a fully functional and free of charge “STOP” or “UNSUBSCRIBE” option, which shall be linked solely to the Affiliate and which does not contain any reference to BetVictor;
(i) maintain appropriate records of any stopped or unsubscribed requests and provide a copy to BetVictor promptly upon request; and
(j) warrants that the recipient of the SMS has positively consented to being contacted via SMS about the Product available in the gaming sector and can provide evidence to BetVictor on request.
An E-Promotion shall only be sent to email addresses and/or mobile numbers where recipients are aged eighteen (18) years of age and over and any corresponding records shall be kept by the Affiliate and made available to BetVictor and/or to any competent regulatory or governmental authority promptly upon request.
The Affiliate shall ensure that any relevant email address is suppressed from any relevant database (and that no further emails are sent to such email address) in accordance with the following:
7.8.1 immediately following any “UNSUBSCRIBE” or “STOP” option being activated by a recipient of an E-Promotion;
7.8.2 promptly and in any event within forty-eight (48) hours upon notification by BetVictor to the Affiliate; and
7.8.3 (upon request) provide prompt written confirmation to BetVictor and (where relevant) details in respect of any actions taken in accordance with the foregoing.
- REGISTRATION AND TRACKING OF AFFILIATED CUSTOMERS
8.1 BetVictor agrees to register each Affiliated Customer as a Customer of the BV Website (subject to such Affiliated Customer meeting the terms at: https://www.betvictor.com/en-gb/sports/content/terms-and-conditions).
8.2 BetVictor shall track the transactions made by each Affiliated Customer via Income Access.
9.1.1 BetVictor will pay the Affiliate the Commission earned from each Affiliated Customer’s use of the Product for the life of the Affiliate Account only. BetVictor’s calculations of Commission are final and not open to dispute.
9.1.2 At the end of each Period, BetVictor shall calculate all Commission generated by Affiliated Customers.
9.1.3 The Affiliate Account must have aggregate Commission across the Product that meets or exceeds the Minimum Payment Threshold before BetVictor will make a payment of Commission.
9.1.4 If an aggregate Commission in respect of any Period is a negative amount, BetVictor shall carry forward and set off any such negative amount against all future revenue commission calculations. The Affiliate will only be eligible to receive a pay out when there is a positive balance at the end of each Period.
9.1.5 Subject to Clause 9.1.3 BetVictor will make (01) Payment of commission per Period.
9.1.6 The Affiliate must generate an invoice through Income Access in order to request a payment of Commission from BetVictor for each Period.
9.1.7 Commission will only be paid in British Pounds Sterling (GB £), US Dollars (US $) and/or Euros (EU €) based on the currency specified in the Affiliate Account. Commission is calculated in GB £ and converted into EU € and US $ where applicable using BetVictor’s internal exchange rates. Payments made via Neteller or bank transfer are processed in GB £ and may be subject to bank fees and exchange rates. Currency exchange rates are defined by BetVictor at the beginning of each calendar month. A list of current exchange rates is available upon request.
9.2 Negative Carryover
If an aggregate Commission in respect of any period is a negative amount, BetVictor shall carry forward and set off any such negative amount against all future revenue commission calculations. The Affiliate will only be eligible to receive a pay out when there is a positive balance at the end of each Period.
9.3 Cross Over Commission
Further Commission can be earned by the Affiliate where the Affiliated Customer generates revenue in a Product other than the Target Product.
9.4 BetVictor will not pay the Affiliate any Commission:
9.4.1 for any Affiliated Customer who is already a Customer (i.e. a duplicate customer);
9.4.2 if BetVictor has reason to believe that the Affiliate was, or is, involved in any arbitrage activity or scheme;
9.4.3 if actions taken by the Affiliate results in fines and/or penalties to BetVictor; or
9.4.4 where the Affiliate has not notified BetVictor of the URL prior to first use or after subsequent changes.
9.5 The Affiliate is responsible for accounting for any Tax due on Commission earned from the Affiliate’s Commission received. BetVictor will not pay any such Tax and if required by a regulatory authority to pay any such Tax, BetVictor will be entitled to withhold the amount it is required to pay from payments of Commission.
9.6 BetVictor retains the right to withhold Commission payments or a portion of them if it considers profits earned at are a risk of chargeback. Any amounts withheld will only be paid once a period of six (06) months has elapsed.
- TERM AND TERMINATION
10.1 The Affiliate Account shall operate for the Term, unless sooner terminated in accordance with this Clause 10.
10.2 Either party may terminate the Affiliate Account:
10.2.1 at any time on forty-eight (48) hours’ notice;
10.2.2 by notice in writing with immediate effect if the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
10.2.3 if there is a change in law which makes continuation of the Affiliate Agreement non-viable; or
10.2.4 Where Clause 13.13 applies, if the period of delay or non-performance continues for one (01) month, or on seven days (07) written notice by either party to the other party.
10.3 BetVictor may terminate the Affiliate Account with immediate effect if the Affiliate:
10.3.1 is in breach of any of its obligations in these Terms;
10.3.2 is reasonably suspected of Fraud by BetVictor;
10.3.3 has an Inactive Account; or
10.3.4 uses any websites that are misleading to the Potential Customer, redirect to the BV Website, or are a copy of the BV Website.
10.4 On termination of the Affiliate Account for any reason:
10.4.1 all licences and benefits under the Affiliate Account shall immediately terminate;
10.4.2 each party shall return and make no further use of any equipment, property, materials, and other items belonging to the other party;
10.4.3 the accrued rights of the parties as at termination, or the continuation after termination of any provisions expressly stated to survive or implicitly surviving termination, shall not be affected or prejudiced; and
10.4.4 BetVictor shall pay to the Affiliate any Commission due and owing up to and including the termination date, but no further Commission shall be payable to the Affiliate thereafter.
- INTELLECTUAL PROPERTY RIGHTS AND LICENCE
11.1 BetVictor shall retain all IP in the BV Website and the Affiliate shall retain all IP in the Affiliate Website.
11.2 The Affiliate acknowledges that the IP in the BV Website is proprietary to or licensed by BetVictor and may not be used, reproduced, transmitted, displayed, published or distributed without BetVictor’s prior written consent.
11.3 BetVictor grants to the Affiliate for the Term, a non-exclusive, limited, royalty free, revocable, non-transferable licence to use the Marks solely in connection with creating and describing the display of the promotional materials on the Affiliate Website. This licence cannot be sub-licensed, assigned or otherwise transferred by the Affiliate. The Affiliate shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any way (whether by formal action or proceedings of any kind or nature or otherwise), and the Affiliate shall not take any action that may prejudice BetVictor’s rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. The Affiliate must notify BetVictor immediately if the Affiliate becomes aware of the misuse of the Marks by any third party.
- LIMITATION OF LIABILITY
12.1 This Clause 12 sets out the entire financial liability of each party to the other:
12.1.1 arising under or in connection with the Affiliate Account; and
12.1.2 in respect of any representation, misrepresentation, statement or tortious act or omission (including negligence) arising under or in connection with the Affiliate Account
12.2 Except as expressly and specifically provided in these Terms, all warranties and representation, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
12.3 Nothing in these Terms excludes the liability of either party for:
12.3.1 death or personal injury caused by a party’s negligence; or
12.3.2 fraud or fraudulent misrepresentation.
12.4 Subject to Clause 12.3, neither party will be liable for any indirect, special, or consequential damage or loss of any kind, including without limitation loss of business, profits, revenue, contracts or anticipated savings, or arising from loss, damage or corruption of any data, even if the other party has been advised of the possibility of such damages or losses.
12.5 Each party’s total liability to the other party for a breach of these Terms shall not exceed in aggregate the total of all payments of Commission made to the Affiliate in the period of twelve (12) months immediately preceding the breach in question. If the Affiliate Account has been in existence for a period of less than twelve (12) months as at the date of the claim, the average Commission up to the date of the claim shall be calculated, and multiplied by twelve (12).
- MISCELLANEOUS PROVISIONS
13.1.1 Any notice given to BetVictor under or in connection with the Affiliate Account shall be in writing and shall be delivered by email to the legal notice address specified in Clause 2.
13.1.2 Any notice given to the Affiliate under or in connection with the Affiliate Account shall be in writing and shall be delivered by email to the email address specified in the Contact Details.
13.1.3 Any notice shall be considered received by the recipient at 09:00 GMT on the second (2nd) business day after transmission.
13.2 Entire Agreement
13.2.1 These Terms constitutes the entire agreement between the parties relating to the Affiliate Account and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.2.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these Terms.
13.2.3 Nothing in this clause shall limit or exclude any liability for fraud.
13.3 Third parties
A person who is not a party to the Affiliate Account shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
No variation of these Terms shall be effective unless it is in writing, dated and signed by the parties.
13.5 No Partnership or Agency
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.
13.6 Governing Law
The Affiliate Account and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Affiliate Account or its subject matter or formation.
The Affiliate Account does not grant the Affiliate any exclusive right or privilege to assist BetVictor in the provision of the Product.
13.8.1 The Affiliate shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Affiliate Account without the prior written consent of BetVictor.
13.8.2 BetVictor may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Affiliate Account.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
13.10 Rights and Remedies
The rights and remedies provided in these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
13.11.1 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
13.11.2 If any provision or part-provision of these Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
During the Term, the Affiliate may be entrusted with confidential information relating to BetVictor’s business, operations, or underlying technology and/or the Affiliate Programme. The Affiliate agrees not to make disclosure or unauthorised use of any such confidential information to third persons or outside parties unless the Affiliate has BetVictor’s prior written consent and that the Affiliate will use the confidential information only for purposes necessary to further the purposes of these Terms. The Affiliate’s obligations with respect to confidential information shall survive the termination of the Agreement.
13.13 Force Majeure
Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing such obligations. If the period of delay or non-performance continues for one (01) month, either party may terminate the Affiliate Account in accordance with Clause 10.
This website is operated by BetVictor Limited (trading as “BetVictor”), a company registered in Gibraltar (company registration number 42734). BetVictor’s registered office is located at Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA and its trading office is located at Suite 2:01, World Trade Center, Bayside Road, Gibraltar, GX11 1AA.
BetVictor is licenced and regulated as an online gaming operator in: 1. Great Britain by the Gambling Commission of Great Britain under licence number 000-039576-R-319370-009; 2. Ireland, by the Revenue Commissioners under licence number 1010233; and 3. For users located in any other jurisdictions, in Gibraltar, licenced by the Government of Gibraltar under licence numbers 001 and 014 and regulated by the Gibraltar Gambling Commissioner.