CONTRACTING PARTY
Victor Chandler International (no 42734) whose registered office is at 143 Main Street, Gibraltar.
Introduction
This Agreement allows a connection to the BetVictor website to be offered to users of the Affiliate’s website in order to be able to use and benefit from the products and services provided therein by BetVictor pursuant to the BetVictor “Partner Direct (Affiliate) Programme” subject to acceptance of the terms and conditions of this Agreement.
Subject to the terms set out herein, BetVictor agrees to register the Affiliate’s Customers to its website and track their transactions. BetVictor reserves the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements BetVictor may periodically establish, and/or in order for BetVictor to comply with such other obligations and requirements as imposed from time to time. For the purposes of this Agreement, "Customer" means the Affiliate’s visitors who join BetVictor’s customer database (by way of registering at one or more of BetVictor’s products / websites) after arriving at the applicable site(s) via one of Affiliate’s click-thru URLs, which will be provided to the Affiliate when it joins up to the Affiliate Programme. By opening an account with BetVictor, Customers will become customers of BetVictor and, accordingly, all BetVictor’s rules, policies, and operating procedures will apply to them.
BetVictor will track Customers' bets and play making available to the Affiliate regular reporting via an affiliate reporting system (subject to any over-riding obligations of confidentiality or data protection issues).
BetVictor reserves the right to modify, vary or amend any of the terms and conditions contained in this Agreement or replace them at any time and at its sole discretion, by posting a change notice or a new agreement on its site, which it will notify to the Affiliate at the e-mail address provided when it joins the Affiliate Programme. Modifications, variations and/or amendments may include, for example, changes in the scope of available Referral Commissions and Affiliate Programme rules. IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, ITS ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT PURSUANT TO THE TERMS OF CLAUSE 5.1. IT’S CONTINUED PARTICIPATION IN THE REFERRAL PROGRAMME FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON BetVictor’S SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR OF THE NEW AGREEMENT.
By agreeing to participate in this Affiliate Programme, the Affiliate is agreeing to create and maintain unique links from its site to the BetVictor websites. The Affiliate may link to BetVictor with any of its banners, e-mails, articles or with a text link. These are the only methods by which the Affiliate may advertise on BetVictor’s behalf. BetVictor reserves the right to describe itself as acting “in association with the Affiliate” or similar expression on all banners or buttons as required. Authorisation for a white label solution can only be given with express permission from BetVictor in the form of separate signed contract.
BetVictor may terminate this Agreement forthwith on notice without recourse to the Affiliate if there is any form of spamming or if the Affiliate advertises BetVictor’s services in any way that may have a detrimental effect on the image, reputation or integrity of BetVictor. The Affiliate shall not make any claims or representations, or give any warranties, in connection with BetVictor and the Affiliate shall have no authority to, and shall not, bind BetVictor to any obligations. The Affiliate confirms that any mailing list in his/her possession has been compiled in accordance with all applicable rules, legislation and regulations and has all the necessary authority to make such communications.
The Affiliate shall not post messages regarding BetVictor and any of its URL’s to any newsgroups, chat rooms and/or bulletin boards.
The Affiliate shall not register (or apply to register) any domain name similar to any domain name used by or registered in the name of any member of BetVictor’s group, or any other name that could be understood to designate BetVictor or any member of BetVictor’s group. This would include misspellings of any BetVictor brand or domain.
The Affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service without the direct authorisation from BetVictor and strict adherence to BetVictor’s Pay Per Click (PPC) and Search Engine Optimisation (SEO) policy, likewise the affiliate may not use trade marks, URL’s or variations thereof for use in HTML coding (including but not limited to ‘meta tags’, ‘meta descriptions’, ‘meta content’, ‘page titles’, ‘titles’).
The Affiliate must not develop and/or implement marketing and/or public relations strategies which infringe any applicable laws regulations or codes of practice relating to marketing including in particular (but without limitation) any laws, regulations or codes of practice applying from time to time under relevant gaming regulation or under the authority of any regulatory body having jurisdiction over the marketing of gambling services.
The Affiliate must not offer any so-called "rake-back" schemes or similar which offers or allows a proportion of the player's poker rake to be returned to the player in any form.
The Affiliate must not use any means to promote sites which resemble in any way the look and/or feel of the BetVictor Site/s whether in whole or in part, nor utilise any such means or site to create the impression that such sites are the Site (or any part of the Site).
The Affiliate must not violate the terms of use and any applicable policies of any search engines.
By this Agreement, BetVictor grants the Affiliate the non-exclusive, limited, revocable, non-assignable right to direct Customers to any of BetVictor’s sites in accordance with the terms and conditions of this Agreement and to provide a hypertext reference link to the initial, top level display of the Affiliate’s website, for the sole purpose of linking the Affiliate’s website to BetVictor’s websites. This Agreement does not grant the Affiliate any exclusive right or privilege to assist BetVictor in the provision of services arising from the Affiliate’s referrals, and BetVictor intends to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as the Affiliate. The Affiliate shall have no claim for any referral commission or other compensation on business secured by or through persons or entities other than the Affiliate.
The Affiliate will only use BetVictor’s approved advertising creative/banners and will not alter their appearance nor refer to BetVictor in any promotional materials other than those sent to the Affiliate by BetVictor. All other advertising e.g. editorial comments must be approved by the BetVictor Affiliate Team. The appearance and syntax of the hypertext transfer links are designed and designated by BetVictor and constitute the only authorised and permitted representation of BetVictor’s sites. Sites that are misleading to the user, redirect to the BetVictor website or are a copy of the BetVictor website could also result in the termination of the affiliate agreement and/or cancellation of commission.
The Affiliate will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes BetVictor damage. BetVictor reserves the right to retain all commission otherwise due to the Affiliate under this Agreement if BetVictor has reasonable cause to believe that such traffic has been directed in this manner regardless of whether the Affiliate is aware of this.
BetVictor reserves the right to withhold affiliate payments and/or suspend or close accounts where Customers are found to be tampering with or abusing any BetVictor offers or promotions whether with or without Affiliate’s knowledge. Such situations to include but not be limited to arbitrage, bonus abuse and affiliate fraud. BetVictor reserve the right to close any affiliate account if the affiliate only refers, or refers a high level of bonus seeking customers or otherwise deemed unprofitable customers.
The Affiliate will be solely responsible for the development, operation, and maintenance of its site and for all materials that appear on its site, and warrants, covenants and undertakes to operate and maintain an acceptable internet usage policy regarding BetVictor and its URLs. For example, the Affiliate will be solely responsible for ensuring that materials posted on its site are not libellous or otherwise illegal. BetVictor disclaim all liability for these matters. Further, the Affiliate shall fully indemnify and hold BetVictor 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 the Affiliate’s site and for any loss or damage suffered by BetVictor or any of its group companies for breach of the terms of this Agreement.
Affiliates must notify BetVictor of any new URL’s they will be using to promote the BetVictor brand. Failure to do so may result in withheld commissions of revenue generated by the un-declared URL. BetVictor’s Affiliate Programme is intended for affiliate’s direct participation. The Affiliate shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. If the Affiliate wishes to transfer an account to another beneficial account owner it must first request permission to do so by contacting BetVictor. Approval is solely at BetVictor’s absolute discretion. Members of the BetVictor Affiliate program must adhere to BetVictor Affiliates single account policy. The Affiliate shall not endorse BetVictor’s betting business (except by communication of promotional material approved by BetVictor); nor make any claim that BetVictor’s betting business or any of its promotions have been arranged for the benefit of the Affiliate’s customers or users of its website.
BetVictor hereby grants to the Affiliate a non-exclusive, limited, revocable, non-transferable licence, during the term of this Agreement, to use BetVictor’s trade name, trade marks, service marks, logos and any other designations, which BetVictor may from time to time approve in writing ("Marks") solely in connection with creating and describing the display of the promotional materials on the Affiliate’s site. The Affiliate will properly and accurately display BetVictor’s Marks in connection with any display and description of the link on the Affiliate’s site. This licence cannot be sub-licensed, assigned or otherwise transferred by the Affiliate. The Affiliate’s right to use the Marks is limited to and arises only out of this licence. The Affiliate shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceedings of whatever kind or nature, and 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 it becomes aware of the misuse of the Marks by any third party and must contact affiliates@vcint.com.
During the term of this Agreement, the Affiliate may be entrusted with confidential information relating to BetVictor’s business, operations, or underlying technology and/or the Affiliate Programme (including, for example, Referral Commissions earned by the Affiliate under the Affiliate Programme). The Affiliate agrees to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless it has BetVictor’s prior written consent and that it will use the confidential information only for purposes necessary to further the purposes of this Agreement. The Affiliate’s obligations with respect to confidential information shall survive the termination of this Agreement.
BetVictor reserve the right to adjust affiliate commissions and/or close accounts that are not continually and actively promoting BetVictor.
BetVictor also reserves the right to close affiliates accounts and withhold initial commissions pertaining to affiliates that have not referred a minimum of one depositing player per calendar month; and/or accounts that are only linked to a single active player.
Subject to clause 3.4, BetVictor will pay the Affiliate the referral commissions (as defined on www.victorsaffiliates.com) that BetVictor earns from Customers directed from the Affiliate’s site after they open an account with BetVictor and wager for real money at any of BetVictor’s sites.
BetVictor reserve the right to withhold any commissions generated by referrals that are identified as existing customers.
The Affiliate is responsible for accounting for any VAT deemed due on commissions earned from its commissions received.
Net Revenue for the purpose of this Agreement means the total of client losses in the period, less: All gross monies received by us in respect of all settled bets made by Customers, all casino and games wagers and poker rake after deducting; (i) monies paid out to Customers as winnings; (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) (iii) bad debts; (iv) chargebacks and fraudulent transactions; (v) returned stakes; (vi) transactions which are reversed internally to prevent a charge-back from occurring; (vii) all bonuses; (viii) licensing fees; (ix) payment & processing fees. BetVictor retains the right to withhold commission payments or a portion thereof if it considers profits earned at are a risk of chargeback. Any amounts withheld will only be paid once a period of six months has elapsed.
Referral Commissions arising from Customer accounts are paid in British Pounds Sterling ("GBP"), US Dollars ("USD") and Euros ("EUR").
The Affiliate’s BetVictor affiliate account must have affiliate earnings that are exactly or over the payment thresholds of their selected payment method as specified in www.victorsaffiliates.com, before the Affiliate will be eligible for Referral Commission payment. Subject to clause 3.4, Affiliate is entitled to one payout per month, providing it has fulfilled the above Affiliate requirement at the end of the preceding month. There is no maximum commission payment. An active referred Customer is defined as a visitor to the Affiliate’s site(s) who has clicked through to a BetVictor website via the Affiliate’s click-thru link, has registered as a customer, deposited funds to their customer account and conducted betting or playing activity in one or more BetVictor properties – Sports, Casino, Live Casino, Virtual Games and Poker. BetVictor will make every effort to ensure that payments are processed before the 15th of every month; however no guarantees are made in respect of date of receipt and/or delays arising from unforeseen circumstances, including but not limited to - technical problems, staff levels and incorrect or incomplete payment information.
The Affiliate shall incorporate and prominently and continually display the most up-to-date links provided by BetVictor somewhere on their website, and the Affiliate shall not alter the form, location or operation of the links without BetVictor’s prior consent. The Affiliate is eligible for Referral Commissions based upon its continued promotion of BetVictor. BetVictor reserves the right to terminate Referral Commission if the Affiliate ceases to promote the BetVictor brand. The Affiliate’s reduced or suspended promotion of BetVictor’s sites will be deemed to represent the Affiliate’s termination of this Agreement.
BetVictor reserves the right to withhold commission and close any affiliate account deemed to be inactive for a period of 3 months or more. Decisions on inactivity are made at the discretion of the BetVictor Affiliates team but will be influenced by last login date, number of clicks, impressions and referrals.
Each party owns and shall retain all right, title and interest in its names, logos, trade marks, service marks, copyrights and proprietary technology, including, without limitation, those names, logos, trade marks, 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. The Affiliate acknowledges that BetVictor’s sites (including without limitation all content, text, images, software, media and other materials on the sites) is proprietary to or licensed by BetVictor, protected under copyright and other intellectual property laws, and may not be reproduced, transmitted, displayed, published or distributed without the express prior written consent of BetVictor.
Upon termination the Affiliate must immediately discontinue or disable the link to BetVictor’s sites, remove the link and all of BetVictor’s banners/icons and Marks from the Affiliate’s site. All rights and licenses given to the Affiliate in this Agreement shall immediately terminate. The Affiliate will immediately return to BetVictor any confidential information, including without limitation copies of materials from BetVictor’s sites in the Affiliate’s possession, custody or control and will cease all uses of BetVictor’s Marks.
BetVictor MAY TERMINATE THIS AGREEMENT IF BetVictor DETERMINES (IN ITS SOLE DISCRETION) THAT THE AFFILIATE’S SITE IS UNSUITABLE. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other 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.
The Affiliate shall not open more than one affiliate account without BetVictor’s prior written consent nor will it earn commission on its own or related person's BetVictor sports, casino, poker or games account. The Affiliate Programme is intended for professional website publishers. Members of the BetVictor Affiliate program must adhere to BetVictor Affiliates single account policy.
The Affiliate shall defend, indemnify, and hold BetVictor, its 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 (a) any breach by the Affiliate of any warranty, representation or term contained in this Agreement, (b) the performance of the Affiliate’s duties and obligations under this Agreement, (c) The Affiliate’s negligence or (d) any injury caused directly or indirectly by the Affiliate’s acts or omissions, or the unauthorised use of BetVictor’s banners and links or this Affiliate Programme.
BetVictor makes no express or implied warranties or representations with respect to the Affiliate Programme, about BetVictor or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, BetVictor makes no representation that the operation of its sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered by BetVictor and the BetVictor database, the database shall be deemed accurate. Subject to the below, BetVictor excludes all liability whatsoever in respect of all claims, whether in contract or tort (including negligence) or otherwise, arising out of or in connection with the content of its sites, this Agreement or any other collateral contract, for any loss or damage directly or indirectly incurred, including without limitation for any loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any other indirect or consequential loss or damage.M
Nothing in this Agreement shall operate to exclude or limit either party’s liability for:
Liability for any claim in respect of the above is limited to £10,000 GBP.
THE AFFILIATE ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. THE AFFILIATE UNDERSTANDS THAT BetVictor MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH THE AFFILIATE’S WEBSITE. THE AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAMME AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET OUT IN THIS AGREEMENT.
The laws of Gibraltar will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Gibraltar and the Affiliate irrevocably consents to the exclusive jurisdiction of its courts.
The Affiliate may not assign or transfer this Agreement, or its obligations or rights hereunder, by operation of law or otherwise, without BetVictor’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the Affiliate and BetVictor and the parties’ respective successors and assigns.
BetVictor’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its rights 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 RECOGNISED BY BetVictor. None of the employees or agents of either party has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
The parties’ rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. The Affiliate acknowledges, confirms, and agrees 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, BetVictor may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of BetVictor’s rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intention of this provision to make clear that BetVictor’s rights shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
Any notice required to be given under this Agreement may be delivered by pre-paid first class post addressed to the party in question at such party’s address shown in this Agreement or any subsequently notified address, or otherwise informed via email. Such notice shall be deemed to be served immediately upon delivery of email or upon expiry of 48 hours after posting (as the case, may be).
