Terms and Conditions ("Terms")
These Terms are a binding contract between you and BetWinnerAffiliates which governs your participation in the Program. By participating in the Program, you agree to be bound by the current version of these Terms which we may amend from time to time. It is your responsibility to ensure that you are familiar with each updated version of these Terms. In the event you do not agree with the updated Terms, your only recourse shall be to terminate your participation in the Program.
In these Terms, the following words and expressions shall have the following meanings:
Affiliate: A physical or legal entity who has registered and is accepted by us as a
member of the Program. Where the context requires, these Terms occasionally refer to the Affiliate as
“you” or a “party”.
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 to generate online traffic and referrals to BetWinnerAffiliates in accordance with these Terms.
Applicable Fee: Any fees, levy or similar mandatory payments levied or charged on revenue, turnover, deposit or amounts similarly driven by user 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 BetWinnerAffiliates representative.
Confidential Information: Any information of any origin or nature, which has been, or maybe, provided by BetWinnerAffiliates in connection with the Program, whether verbally, in writing, or in electronic form, including, but not limited to, business or financial data, know-how, processes, reports, user lists, price lists, Commission payment reports, and any other materials containing, reflecting any such information or generated therefrom.
Commission: Commission earned in connection with the Affiliate marketing activities conducted in accordance with these Terms.
Deductible Costs: Any third party costs incurred by BetWinnerAffiliates in connection with the operation of the BetWinner Sites which are attributable to the activity of any New User(s), including but not limited to any payment processing charges, license fees and other applicable third-party payments.
Fraudulent Activity: A deceptive act or omission which, in the sole discretion of BetWinnerAffiliates is performed in order to secure a real or potential, unfair or unlawful advantage; or any conduct that BetWinnerAffiliates, in its sole discretion, determines to be fraudulent, deceptive or dishonest, which shall include, but 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 user.
Fraud Costs: Any costs, damages or loss arising directly or indirectly as a result of Fraudulent Activity.
Incentivized Traffic: Traffic or user activity generated as a by-product of promising some form of compensation or incentive for taking an action at, or in relation to BetWinnerAffiliates, 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 BetWinnerAffiliates.
Prohibited Site: Any website, forum, social media platform or other communications media of any type, where advertising of gambling-related activity is unlawful or otherwise prohibited.
Prohibited Countries: For the purposes of these Terms, these include the US and the UK.
Sub-affiliate program: A physical or legal entity recruited by an Affiliate to serve as a sub-affiliate and who is linked to your Affiliate account.
Unsuitable Site: Any website, forum, social media platform or any other communications media of any type, which: is aimed at children; is intended to appeal to minors; promotes or glorifies violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promotes illegal activity; violates or enables the violation of intellectual property rights; violates the rights of privacy of others; is obscene or contains explicit sexual content; contains or promotes any unlawful behavior or content; contains or provides links to malicious or harmful software, keyloggers, trojans, viruses or malware; or which BetWinnerAffiliates believes, in its sole discretion, may bring BetWinnerAffiliates or its affiliated companies and brands into disrepute, or which may prejudice the interests of BetWinnerAffiliates or its affiliated companies and brands.
1. Joining the Program
1.1 To participate in the Program, you must first submit an application at the BetWinnerAffiliates Portal
located at: https://betwinneraffiliates.com/get-started. By submitting an application, you represent and
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 are not already registered at BetWinnerAffiliates (only one Affiliate account is permitted per person);
c) you are at least 18 years old, legally capable of entering into a binding contract, and you are unaware of any legal, commercial, contractual or other restrictions against your participation in the Program in accordance with these Terms;
d) if you are registering on behalf of a company, you have the full right, power and authority to enter into these Terms on behalf of the company.
1.2 Within reasonable period time, but no later than 48 hours after the receipt of your completed application, we shall evaluate your application and notify you in writing of our decision to accept or reject it. If we do not approve your application within 48 hours upon the receipt thereof, it shall be deemed to have been rejected. All decisions are final and are in BetWinnerAffiliates sole discretion.
1.3 You undertake, that if at any time during your participation in the Program, there should occur any event which may cause any of the above warranties to become false, or which may prevent you from wholly fulfilling your obligations hereunder, you shall promptly notify your BetWinnerAffiliates account representative, and BetWinnerAffiliates shall be entitled to terminate your participation in the Program immediately, without the requirement to make any further payments to you.
2. Usage of BetWinnerAffiliates Marketing Materials
2.1 Where you have been approved as the Program Affiliate, you may not use or distribute the Marketing Materials for any other purpose unless you have received our express written permission to conduct approved marketing activities, which we may grant or refuse in our sole discretion.
2.2 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 express written approval, market or promote BetWinnerAffiliates using any promotional materials not provided or approved in writing by BetWinnerAffiliates.
2.3 If BetWinnerAffiliates imposes certain particular restrictions on any Marketing Materials (i.e., campaign start/end dates, demographic limitations, etc.), you undertake and agree to only use the Marketing Materials in accordance with such imposed restrictions.
2.4 Your marketing activities shall strictly comply with the Program policy updates, which sets out additional standards, restrictions, and guidelines applicable to marketing activities in connection with the Program.
3. User Tracking and Reports
3.1 You are responsible for ensuring that all referred users are properly tagged with your Affiliate ID. You will not receive credit for New Users who are not properly tagged or whom we are unable to otherwise properly associate with your Affiliate ID.
3.2 We will provide you with online access to all possible reports through the Program Portal to measure the performance of your users.
4. Your Obligations
4.1 As a condition of your participation in the Affiliate Program, you undertake, warrant and agree that: (a) all use of the Marketing Materials and all activities are undertaken in connection with the Affiliate Program shall be lawful and in strict compliance with these Terms and any Special Terms (as defined below) set out on the Program Portal; (b) you shall not conduct any activities in connection with any Unsuitable Site or any Prohibited Site.
4.2 You agree to use your best efforts to market and promote BetWinnerAffiliates in a manner consistent with good business ethics and in good faith towards BetWinnerAffiliates.
4.3 You acknowledge that your promotion of the BetWinnerAffiliates has the potential to inflict substantial damage to BetWinnerAffiliates and BetWinnerAffiliates' reputation and goodwill, and that you shall at all times act in a manner that will not harm the reputation and goodwill of BetWinnerAffiliates.
4.4 You shall not: (a) undertake any actions that may adversely affect the BetWinnerAffiliates’ ability to be qualified for or to hold or maintain any license, permit or approval granted, or to be granted, by any competent authority, or (b) undertake any action which could reasonably be construed as bringing BetWinnerAffiliates 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 BetWinnerAffiliates or the Program.
4.5 We prohibit any Affiliate activity in connection with any content or material which contains: (a) third party intellectual property which the Affiliate is not properly licensed to use; (b) information that is unlawful, harmful, threatening, obscene, discriminatory, scandalous, fraudulent and/or offensive; (c) any information that may subject BetWinnerAffiliates to any cause of action, in law, equity or otherwise; or (d) any information which BetWinnerAffiliates, in its sole discretion, determines to be objectionable, harmful, in bad taste, or potentially damaging to the interests and goodwill of BetWinnerAffiliates or the Program.
4.6 You may not conduct any marketing or promotional activity which may (a) potentially deceive, confuse or mislead users and/or (b) infringe on any third party rights, including the rights of privacy, publicity, or 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.
4.7 Your Affiliate Site(s) must not copy the look and feel of the BetWinner Sites or have the potential to cause the impression that any sites or landing pages used by you are owned, operated or affiliated with BetWinner or any of its associated brands. You are not entitled to present any BetWinner Marks, logos, graphics or other BetWinner materials on your Affiliate Site or marketing materials other than the Marketing Materials provided to you by BetWinnerAffiliates through the Program. If such actions are discovered, the Affiliate's personal account will be closed, any accrued funds will be annulled and commission fees will be withheld. It is also forbidden to use false information about the betting company and bonuses.
4.8 BetWinnerAffiliates reserves the right to demand the immediate takedown or modification of any materials that you distribute, or cessation of any or all marketing activity in connection with the Program or BetWinnerAffiliates, at any time and in BetWinnerAffiliates' sole discretion. We have the right, from time to time, to review your affiliate marketing activities and in our sole discretion may approve or reject your marketing methods and/or Affiliate Sites. You undertake and agree to provide prompt assistance and full cooperation in connection with any requests made by BetWinnerAffiliates in this regard.
4.9 Upon BetWinnerAffiliates’ request, you undertake and agree to provide BetWinnerAffiliates 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.
4.10 You agree that you shall neither offer nor provide any incentives (financial or otherwise) to any potential New User without BetWinnerAffiliates’ prior written approval, except for standard promotional programs which BetWinnerAffiliates may make available to you from time to time through the Program.
4.11 You will not knowingly benefit from any known or suspected activity performed in bad faith, whether or not such activity actually causes damage to BetWinnerAffiliates. This includes but is not limited to your registering user accounts or playing under your own Affiliate tracking links and or any other Fraudulent Activity.
4.12 You may not directly or indirectly participate in any illegal activity or Fraudulent Activity in connection with your participation in the Program.
4.13 During your participation in the Program and for two years after termination or expiration thereof, you undertake and agree to maintain complete records of your activity in the Program and any marketing or promotional activity undertaken in furtherance thereof.
4.14 You acknowledge and agree that in performing under these Terms, you are strictly prohibited to market and promote the BetWinnerAffiliates Sites to residents of the Prohibited Countries and you shall undertake all possible technical and operational measures to prevent marketing to residents of these Prohibited Countries.
4.15 You acknowledge and agree that any breach of the afore-mentioned obligations shall constitute material breach of these Terms resulting in your immediate termination from the Program.
5. No Spam; No Marketing to Self-Excluded Users
5.1 You will not send any marketing SMS, email or other communications relating to BetWinner or the
Program without our prior written consent. In order for BetWinnerAffiliates to properly consider whether
its consent shall be granted, you shall provide us with:
a) A comprehensive 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 constituting the proposed campaign include an option to opt-out of receiving any such further communications;
c) Written confirmation that the proposed recipients of the campaign have properly consented to receiving communications of the kind (“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.
6. Legal Compliance
6.1 Your activities shall comply with all applicable laws and industry practices applicable to online marketing, online advertising, and marketing of online gambling sites.
7. Your Warranties
7.1 By participating in the Program, you represent, warrant and undertake that:
a) your activities shall fully comply with these Terms;
b) you have the ability, experience, expertise and resources to perform all of your obligations hereunder in accordance with these Terms;
c) you understand and agree that your marketing activity in connection with the Program, and your conduct as an Affiliate has the potential to inflict substantial damage to BetWinnerAffiliates’ reputation and goodwill, thus you shall at all times consider and act in the best interests of BetWinnerAffiliates and shall preserve the goodwill and reputation of BetWinnerAffiliates and BetWinnerAffiliates’ name;
d) 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 BetWinner Marks, copying the “look and feel” of our sites or software, using any BetWinner Marks, branding or logos except as expressly permitted by these Terms, or modifying any Marketing Materials we make available on the Program Portal;
e) you have evaluated the applicable laws relating to your activities and obligations hereunder and you have independently concluded that you can participate in this Program and fulfill your obligations hereunder without violating any applicable law.
8. Commission Calculations
8.1 You are eligible to earn Commission payments in connection with gambling activity by New Users referred by you, as further set out herein. You understand and agree that we may, from time to time, in our sole discretion, amend these Commission rates.
8.2 You are only eligible to receive ongoing Commission payments during your participation in the Program. You will no longer receive Commission payments in the event your participation in the Program is terminated for breach of these Terms.
8.3 You shall receive Commissions (%) from general betting company profit.
9. Cost Per Acquisition (CPA) Payments
9.1 If you are entitled to receive a CPA payment under the terms of a written agreement between you and BetWinnerAffiliates, you will receive a one-time CPA payment which is established by BetWinnerAffiliates in its sole discretion (the “CPA Payment”) for every New User that you refer who meets qualifications agreed in writing by us.
9.2 Where a Chargeback is received against a New User or a credit is issued to a New User, such a User will not be eligible for a CPA Payment, and any CPA Payment previously made to you in respect of such a New User will be deducted from future payments to you.
10. General Commission Terms
10.1 We may conduct special promotions related to certain products, services, games, user activity, special events, and other matters and in connection therewith 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.
10.2 We shall track all New Users activity relevant to the calculation of your Affiliate Commissions. All payments due to you are based on our own statistics, records and calculations. All decisions made by us regarding tracking, calculation or payment of your Commissions or other payments shall be made by us in our sole discretion.
10.3 We reserve the right to review all activity in connection with your participation in the Program for possible Fraudulent Activity or activity which in our sole discretion is in bad faith, in violation of these Terms, unlawful and/or abusive. You will not be entitled to any payment for any user activity and/or traffic generated as a result of such activity.
10.4 We do not pay fees or Commissions in connection with Match Betting, Arbitrage Betting or any playing schemes or systems where users are advised on how to play to beat the bookmaker.
10.5 Unless you have entered into a separate written agreement with us permitting such payments, we do not pay for Incentivised Traffic in any form.
10.6 We do not pay for any users activity related to brand bidding or any activity which we consider to be a breach of our intellectual property rights.
10.7 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.
11. Payment Terms
11.1 We will process the fees earned by you in the previous calendar week by each Sunday night automaticaly. The commission itself is paid on Tuesday.
11.2 We shall not be liable to you in any amount whatsoever for late payments due to technical, third party or any other unforeseen events.
11.3 Payment shall be made to you by way of the method selected by you at registration, but only in US dollars at the market exchange rate.
11.4 You will only be paid unless you have a balance of at least $30 owed to you and starting with 3 active customers invited for a payment period (NET-7, NET-30, NET-60).
11.5 You will not be able to change your payment details in your account once the payment method is set by you. Should you have any question regarding your payment method and its changing contact out Security Department for further explanations firstname.lastname@example.org
11.6 We reserve the right to change Commission payment schedules and methods of calculation at any time, in our sole discretion.
12. Negative Carry-Over
12.1 In the event that the total Net Revenue from your referred users is negative for a given month, the negative balance will be carried over from month to month, until a positive balance is achieved (i.e., until the negative balance has been fully set-off against future positive amounts generated by your New Users referral activity).
13. Account Security
13.1 You are responsible to guard the security of your Program 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.
13.2 For mutual benefit, 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 verification process may require submission of additional personal documentation proving identity, payment and physical address details.
14.1 During your participation in the Program, we may share with you certain Confidential Information owned by BetWinner or its licensors. You undertake and agree that you will not use the Confidential Information for any purpose other than to perform under these Terms, and that you will not publish or disclose the Confidential Information to any third party without our express written permission.
15.1 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.
15.2 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.
16. Disclaimer of Warranty
16.1 We make no express or implied warranties or representations with respect to the Program, the Marketing Material, the Program Portal, or any BetWinner Site, including, without limitation, any warranties of fitness, 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, thus we shall not be liable for the consequences of any such interruptions or errors. We make no guarantees regarding the amount of Commissions that you may generate as a result of your participation in the Program.
17. Limitation of Liability
17.1 Except in the event of: (a) bodily injury or death caused by BetWinner's negligence, or (b) any liability which cannot be excluded as a matter of law, BetWinner's total and aggregate liability towards Affiliate 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-month period prior to the incident giving rise to liability. In no event will BetWinner be liable toward Affiliate 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.
18. Term and Termination
18.1 These Terms will come into effect upon your submission of your registration to the Program and shall continue until your participation in the Program is terminated for any reason. Either party may terminate this Agreement for convenience at any time, effective upon written notice to the other.
18.2 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, distribution of any Marketing Materials and disable any links from your Site to any BetWinner Site;
c) you must promptly return to us any Confidential information and/or user 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.
18.3 In the event we terminate your participation in the Program as a result of a breach of these terms by you, you shall not be entitled to receive any additional Commissions effective on the date of termination. In the event we terminate your participation in the Program 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 at law.
19.1 The Program may assign these Terms without the Affiliate's prior consent. The Affiliate may not assign these Terms without the express written consent of the Program.
19.2 The Program reserves the right to change, amend or altered this Agreement at any time, for any reason, or for no reason at all, at its sole discretion. The most recent version of this Agreement will be posted here. Although the Program may provide notice of material changes to this Agreement to the Affiliate but it is the Affiliate’s sole responsibility to keep themselves informed of any such changes or amendments.
19.3 This Agreement is written and is only available in English. In the event of any discrepancy between the meanings of any translated versions of this agreement, the meaning of this version in the English language shall prevail.