Standard Affiliate Agreement
The Partner Program reserves the right to change all or any part of this Agreement at any time with a min. of 14 days prior notice. If applicable, notice will be given by message to the contracting party’s email address and will be deemed to be served immediately when sent by the Partner Program. If the Affiliate does not agree to the changes the Affiliate should terminate this Agreement in accordance with its terms. The Affiliate’s continued participation following such changes shall constitute binding acceptance of such changes.
2. Responsibilities and Obligations of RestbetAffiliates
2.2. RestbetAffiliates shall provide the Affiliate with commission statistics, and handle all customer services related to the business
2.3 RestbetAffiliates shall ensure accuracy in the tracking and reporting to the highest reasonable standard.
2.4. RestbetAffiliates shall pay the Affiliate the amount due depending on the revenues generated, subject to the terms and conditions of this Agreement.
3. Collusion and Fraud
4. Responsibilities and Obligations of the Affiliate
The Affiliate hereby warrants and undertakes:
4.2. Not to perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
4.3. Not to actively target any person who is under the legal age for gambling.
4.4. Not to generate traffic to Our Brands by illegal or
fraudulent activity, including but not limited to:
4.5. That the Affiliate understands that the Partner Program will not cooperate with a contracting party using a domain or subdomain which is confusingly similar to “Restbet” or any other protected trademark and/or name right which belongs to the Partner Program, Our Brands or its Affiliates.
4.6. Without prejudice to the marketing material as may be forwarded by the Partner Program and/or made available online through the partner website (https://www.RestbetAffiliates.com) the Affiliate may not use Our Brands or other terms, trademarks and other intellectual property rights that are vested in the Partner Program and RestbetAffiliates unless the Partner Program consents to such use in writing.
4.7. To use only a link provided within the scope of the Partner Program, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting. Also not to change or modify in any way any link or marketing material without prior written authorisation from the Partner Program.
4.8. To be committed and adhere to the brand guidelines set forth by Our Brands and the Partner Program.
If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when the net balance exceeds the Minimum Threshold.
5.2. If an error is made in calculating the commission, the Partner Program reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate
5.3. If the Affiliate disagrees with the balance due as reported, the Affiliate shall contact the Partner Program and indicate the reasons of such dispute.
5.4. RestbetAffiliates may delay payment of any outstanding balance to the Affiliate at RestbetAffiliates sole discretion for up to thirty (30) days in cases of suspected illegal and/or fraudulent behaviour and/or behaviour otherwise in breach of this agreement, while it investigates and verifies that the relevant transactions comply with the provisions of this Agreement.
5.5. No payment shall be due where the Affiliate is involved, intend to be involved or is aware of any act or traffic that involves the Affiliate which can be reasonably expected to constitute fraud or illegal activity under any applicable law, rule or regulation or in contravention with any provisions of this Agreement, including but not limited to money laundering, use of stolen credit cards, collusion and abuse of bonuses or other promotions.
5.6. The Affiliate agrees to return all commissions generated from fraudulent or falsified transactions, plus carry all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.
5.7. 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. Our Brands nor the Partner 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 Our Brands and the Partner Program in that regard.
5.8. At the sole discretion of the Partner Program the Affiliate may be provided with the opportunity to restructure its commercial agreement. Examples of alternative revenue sources could include a Cost Per Acquisition (CPA) plan. The Partner Program hereby makes it clearly known unto the Affiliate that only one type of commercial structure may be applied and it shall not be possible for two different commercial structures to co-exist. Therefore once an Affiliate opts to accept the Partner Program’s offer for a different revenue structure to the standard Commission Structure detailed in this Agreement, then the Affiliate is aware and hereby agrees and understands that the new proposed revenue structure shall replace his existing commission structure in its entirety. Notwithstanding the above, all the Affiliate’s obligations assumed under this present Agreement will still continue to apply to the Affiliate up until the termination of this Agreement and thereafter in accordance with the terms and conditions contained in this Agreement.
5.9 The Affiliate shall be entitled to the standard commission structure upon being accepted into partnership by the Partner Program. All revenue share commission structures shall be governed according to the calculation structure set forth in this agreement and a share of the revenue as outlined in the Standard Commission rate under article 17. Commissions.
• Any breach of Affiliate’s representations, warranties or covenant s under this Agreement.
• Affiliate’s use (or misuse) of the marketing materials
• Any defamatory, libelous or illegal material contained within the Affiliate’s information and data.
• Any claim or contention where the 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.
• Any violation of this Agreement
6.2. RestbetAffiliates reserves the right to participate, at its own expense, in the defence of any matter.
7.2. The Contracting Parties hereby agree that on termination of this Agreement:
• The Affiliate must return to the Partner Program any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control.
• The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however, the Partner Program may withhold the Affiliate’s final payment for up to ninety (90) days to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
• The Affiliate will release the Partner Program and Our Brands 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 Partner Program and Our Brands shall survive the termination of this Agreement.
7.3. If this Agreement is terminated by the Partner Program on the basis of breach of the Agreement by the Affiliate, the Partner Program shall be entitled to withhold the Affiliate’s 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 Partner 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 Partner Program to the Affiliate.
7.4. For the sake of clarity the parties specifically agree that upon termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Partner Program. Provided that payments already due (earned and unpaid commissions) shall be paid out.
7.5 The Affiliate understands that the Partner program reserves the right to close any affiliate who does not provide for, at least 5 active accounts per month.
10. Company Rights
10.2. The Partner Program may at sole discretion, refuse any applicant Affiliate and/or may close any Affiliate’s account if it is necessary to comply with the Partner Program’s and/or RestbetAffiliates Policies and/or protect the interest of the Partner Program and/or Our Brands. If the Affiliate is in breach of this Agreement or of Our Brands General Terms and Conditions or other rules, policies and guidelines. The Partner Program and Our Brands reserve the right, in addition to closing the Affiliate’s account, to take any other legal steps to protect its interest.
11. Force Majeure
12. Changes to this Agreement
13. Severability / Waiver
13.2. The Partner Program’s and Our Brands failure to enforce the Affiliate’s adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of the Partner Program and Our Brands to enforce said terms at any time.
14.2. The Partner Program and Our Brands may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate.
15. Governing Law & Jurisdictions
17.2. Net Revenue means the Gross Revenue for each product less Player Costs, less Chargebacks and revenue generated from fraudulent activity, less License fees and for the sake of clarity shall be understood as follows:
• Player Costs includes Promotional costs such as free bets, bonus money, tournament sponsorships, VIP bonuses, VIP sponsorships plus any player Compensations.
• License fee includes gaming tax, payment charges levied by electronic payment or credit card organizations and third party royalties.
• Fraud includes without limitation, collusion; abuse of bonuses or other promotions; violation of money-laundering or other laws and regulations and use of stolen credit cards
17.3. The Net Revenue calculation shall by product be calculated in accordance with below calculation structures:
revenue = Gross Revenue minus (-)
* Corrections include such as cancelled bets, incorrectly settled events and otherwise incorrect transactions that are corrected
17.4. The standard Revenue Share commission plans for the products can be reviewed at the Partner Program website under Standard Reward Plans.
17.5. The Revenue Share commission does not carry over negative revenue from month to month.
17.6 The maximum Rake Back allowance applied by restbet.com or any affiliates must not exceed 30%. If any affiliate offers more than 30%, their account will be closed with immediate effect and commissions generated will be held pending further investigation and may be confiscated at the sole discretion of restbet.com.
17.7 Upon violation of point 16.1, restbet.com is contractually obliged to release the Affiliate’s individual or company details to the Service Providers as part of our contractual agreement, which may result in the partner being blacklisted on the Service Providers.
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