|StayBet Partners Terms & Conditions
It is important that you read our Terms & Conditions and that you agree to them before we commence our Affiliate Partnership.
This Agreement shall enter into effect on the date the online Affiliate Registration Form is approved by the Affiliate Program.
ARTICLE 1 - Purpose
1.2 The Affiliate maintains and operates one or more websites on the Internet (hereinafter collectively referred to as “the Website”), and/or refers potential customers through other channels.
1.3 This Agreement governs the terms and conditions relating to the promotion by the Affiliate of the StayBet Brand, (hereinafter referred to as “Our Brand.”), whereby the Affiliate will be paid a commission as defined under this Agreement depending on the traffic generated to Our Brand subject to the terms and conditions of this Agreement and to the applicable product-specific Commission Structure.
1.4 Gross Revenue for any particular period of time shall mean the real money revenue generated by new referred customers as a result of them using the services on Our Brand.
1.5 Net Revenue” for any particular period of time shall mean Gross Revenue for the same period of time less bonus costs, charge backs, progressive jackpot contributions and admin fees.
ARTICLE 2 - Acceptance of Affiliate
2.2 The Affiliate Program reserves the right to refuse any registration in its sole and absolute discretion.
ARTICLE 3 - Qualifying Conditions
a) He/She is of the legal age in the applicable jurisdiction to agree to and enter into an Agreement.
b) He/She is competent and duly authorised to enter into binding Agreements for the Affiliate and/or the Website.
c) He/She is the proprietor of all rights, licenses and permits to market, promote and advertise Our Brand in accordance with the provision of this Agreement.
d) He/She shall comply with all applicable rules, laws and regulations in connection with the promotion of Our Brand.
e) He/She fully understands and accepts the terms and conditions of the Agreement.
ARTICLE 4 - Affiliate Collusion and Fraud
4.1 The term ‘Fraud’ in reference to affiliate collusion is an attempt by an affiliate or group of affiliates to create fraudulent income with a coordinated effort. Collusion shall include, but is not limited to:
a) coordinated bonus abuse in the attempt to collect affiliate income
b) coordinated betting where such bets are made as an offset to collect commissions
c) continual chargebacks by real money players for reasons of collecting commissions
d) offering affiliates and/or players financial incentives for the purpose of gaining a rebate from your affiliate commissions
e) duplicate affiliate and/or player accounts for the purpose of collusion
f) any other act which, StayBet has determined through detailed analysis, is being used to collect fraudulent commissions
4.2 Rake Back schemes: Affiliates offering any so-called rake-back schemes or similar promotions that offer or allow a proportion of the players rake to be returned to the player in any form will be banned from sending traffic to StayBet — unless otherwise authorised in writing by the affiliate manager. StayBet will have the right to deduct money from the affiliate for traffic deemed to have been referred through “fraudulent means” and the affiliate’s account will be frozen
4.3 Bonus Code Abuse: Bonus code abuse is strictly monitored & any affiliate using an unauthorised bonus code or promotional landing page that was not provided to them expressly to use either directly in person or via the public affiliate creative library will be dismissed from the affiliate Program with immediate effect and all commissions from traffic sent using this bonus code or promotional landing page will be withheld.
5.2 The Affiliate Program shall administrate the turnover generated via the links and marketing material, record the net revenues and the total amount of commission earned via the link, provide the Affiliate with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred customers.
5.3 The Affiliate Program shall pay the Affiliate the amount due depending on the traffic generated subject to the terms and conditions of this Agreement.
ARTICLE 6 - Responsibilities and Obligations of the Affiliate
a) To use its best efforts to actively and effectively advertise, market and promote Our Brand as widely as possible in order to maximize the benefit to the Parties and that it will abide with the guidelines of the Affiliate Program as may be forwarded from time to time and/or accessible online.
b) To market and refer potential players to Our Brand at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and negotiations and in accordance with this Agreement.
c) To use only links and marketing material provided by the Affiliate Program via its affiliate software, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting.
d) Not to change or modify in any way any link or marketing material without prior written authorisation from the Affiliate Program.
e) To be responsible for the development, the operation, and the maintenance of its web site as well as for all material appearing on the web site.
6.2 The Affiliate hereby warrants:
a) That it will not actively target any person who is under the legal age for gambling.
b) That it will not actively target any jurisdiction where gambling and the promotion thereof are illegal.
c) That it will not generate traffic to Our Brand by illegal or fraudulent activity, particularly but not limited to by:
d) That it will not present the Website in such a way that it might evoke any risk of confusion with Our Brand and/or the Affiliate Program and/or convey the impression that the web site of the contracting party partly or fully originated with Our Brand and/or the Affiliate Program.
e) Without prejudice to the Marketing Material as may be forwarded by the Affiliate Program and/or made available online through the website http://www.staybetpartners.com, Affiliates may not use StayBet Partners or other terms, trademarks and other intellectual property rights that are vested in the Affiliate Program unless the Affiliate Program consents to such use in writing.
6.3 The Affiliate is forbidden from promoting, online or offline, all the products found on http://www.staybetpartners.com in the United States of America (USA), USA Territories. Any accounts opened from these countries will be closed and will not count towards commission purposes
ARTICLE 7 - Payment
7.2 The commission shall be a percentage of the net revenue in accordance with what is set out in the Commission Structures for the particular product. The Net Revenue calculation is brand and product-specific and it is set out in every brand product-specific Commission Structure.
7.3 The commission is calculated at the end of each month and payments shall be performed by the 10th of each calendar month, provided that the amount due exceeds €100 (‘Minimum Threshold’). If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when it collectively exceeds the Minimum Threshold.
7.4 When Net Revenue for any particular month is negative, thus resulting in a negative commission amount due to the Affiliate, no commission shall be payable to the Affiliate in respect of that month and no negative balance shall be carried forward to the following month.
7.5 Payment of commissions shall be made as per the payment method chosen by the Affiliate in the application process. If an error is made in calculating the commission, the Affiliate Program reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
7.6 Acceptance of payment by the Affiliate shall be deemed to be full and final settlement of the Balance due for the period indicated.
7.7 If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Affiliate Program on [email protected] and indicate the reasons of such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the Balance due for the period indicated.
7.8 The Affiliate Program may delay payment of any Balance to the Affiliate for up to sixty (60) days, while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.
7.9 No payment shall be due when the traffic generated is illegal or contravenes any provision of these terms and conditions.
7.10 The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
7.11 The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. The Affiliate Program shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Affiliate Program in that regard.
ARTICLE 8 - Termination
8.2 The Contracting Parties hereby agree that on termination of this Agreement
a. The Affiliate must remove all references to Our Brand from the Affiliate’s websites and/or other marketing channel and communications, irrespective of whether the communications are commercial or otherwise.
b. All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Affiliate Program
c. The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination and to commissions which have been agreed to be payable to The Affiliate on a “lifetime” basis as long as Our Brand continue to receive revenue from players referred by the Affiliate even after the termination of this Agreement; however provided, the Affiliate Program may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid.
d. If this Agreement is terminated by the Affiliate Program on the basis of the Affiliate’s breach, the Affiliate Program shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the Affiliate Program due to a breach by the Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by the Affiliate Program to the Affiliate.
e. The Affiliate must return to the Affiliate Program any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control.
f. The Affiliate will release the Affiliate Program from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of Confidentiality towards the Affiliate Program and Our Brand shall survive the termination of this Agreement.
ARTICLE 9 - Warranties
9.2 The Affiliate Program shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of Our Brand’ website or the Affiliate Program.
ARTICLE 10 - Indemnification
a) Any breach of Affiliate’s representations, warranties or covenants under this Agreement.
b) Affiliate’s use (or misuse) of the marketing materials.
c) All conduct and activities occurring under Affiliate’s user ID and password.
d) Any defamatory, libellous or illegal material contained within Affiliate Site or Affiliate’s information and data.
e) Any claim or contention that Affiliate Site or Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity.
f) Third party access or use of Affiliate Site or Affiliate’s information and data.
g) Any claim related to Affiliate Site.
h) Any violation of this Agreement.
10.2 The Affiliate Program reserves the right to participate, at its own expense in the defence of any matter.
ARTICLE 11 - Affiliate Program Rights
11.2 The Affiliate Program may refuse any applicant Affiliate and/or may close any Affiliate’s account if it is necessary to comply with the Affiliate Program’s Policy and/or protect the interest of the Affiliate Program. If the Affiliate is in breach of this Agreement or of Our Brand’ General Terms and Conditions or other rules, policies and guidelines of the Affiliate Program and/or Our Brand, the Affiliate Program may besides closing the Affiliate’s account take any other steps at law to protect its interest.
ARTICLE 12 - Governing Law & Jurisdictions
ARTICLE 13 - Force Majeure
ARTICLE 14 - Relationship of the Parties
ARTICLE 15 - Severability / Waiver
ARTICLE 16 - Confidentiality
16.2 The Affiliate obliges himself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.
ARTICLE 17 - Changes to this Agreement
ARTICLE 18 - Trademarks
ARTICLE 19 - Commissions
Gross Revenue (Bets – Winnings) LESS Bonus Costs LESS Administration fees LESS Charge-backs and Fraud Costs = Net Revenue
Net Revenue Share is for the lifetime of the customer
CPA & Hybrid deals will be considered on a case by case basis.