The following is an agreement between the relevant bet365 company referred to below, ("bet365", "us" or "we"), and you ("you"), which contains the terms and conditions that apply to all members of the bet365 affiliate programme ("Agreement").
Until 1st August 2015, wherever you are based, when you introduce Customers (as defined below) to us, you have your contract with and provide your services to, Hillside (Sports) GP Limited. This will continue for most of you.
However, if you are based in Bulgaria, Denmark, Italy or Spain, please note that, with effect from 1st August 2015 when you provide affiliate services and introduce Customers to us, you are contracting with and providing your affiliate services to Hillside (Marketing Malta) Limited. Any rights and obligations arising from your relationship with bet365 prior to that date have been and will be assumed by Hillside (Marketing Malta) Limited with effect from 1st August 2015. It is understood that Hillside (Marketing Malta) Limited will be procuring and managing your services in its capacity as a manager of marketing services for bet365.
1.1 Register your Customers
We will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. "Customer " means your visitors who joins our customer database (by way of registering at one or more of our products/websites including Sports, Casino, Poker, Games, Vegas and Bingo) after arriving at the applicable site(s) via one of your click-thru URLs, which will be provided to you when you join. By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them. Please be aware that subsequent to the US Congress passing the Unlawful Internet Gambling Enforcement Act of 2006 on 30 September 2006, the Company no longer accepts customers who are resident in the USA.
1.2 Track Customers' Play
We will track your Customers' bets and plays making available to you a report summarising their activities, which you can access from this site.
1.3 Pay a Referral Commission
Subject to clause 6, we will pay you referral commission ("Referral Commission") of 30% of the net profit (defined below) we earn from players directed from your site after they open an account with us and wager for real money at either Sports at bet365, Casino at bet365, Poker at bet365, Games at bet365, Vegas at bet365 or Bingo at bet365.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
1.5 Electronic Commerce
You acknowledge and agree that regulations 9(1) and 9(2) (information to be provided by electronic means), 11(1) (placing of the order) of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to or have any effect on this Agreement.
1.6 Your Application
To become a member of our affiliate programme you will need to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. The application form will form an integral part of this Agreement. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful.
2.1 Linking to our Websites
By agreeing to participate in this Affiliate programme, you are agreeing to create and maintain unique links from your site to the websites which are owned, operated or branded by the bet365 group (“bet365 Websites”). You may link to us with any of our banners, e-mails, articles or with a text link. This is the only method by which you may advertise on our behalf.
2.2 Minimum Referral Requirement
All bet365 affiliates are required to refer a minimum of 5 active Customers within a three month period of joining the program. Should an affiliate not reach this requirement the affiliate account may be closed, but you will have the option to open a new affiliate account.
We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
2.4 Registering of Domain Names
You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of any member of the bet365 group, or any other name that could be understood to designate the bet365 group.
2.5 Bidding on Brand Terms
You 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 and which are identical or similar to any of the bet365 group’s trade marks or otherwise include the word "bet365", “bet365poker”, “bet365casino” or variations thereof, or include metatag keywords on the Partner Site which are identical or similar to any of the bet365 group’s trade marks.
2.6 Agency Appointment
By this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to any of our sites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.
2.7 Approved Layouts
You will only use our approved advertising creative (banners, html mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from www.bet365affiliates.com. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorised and permitted representation of our sites. In particular please do not create a direct link to the promotional materials on any bet365 Website.
2.8 Good Faith
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.
We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any bet365 offers or promotions whether with or without your knowledge. Such situations to include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.
2.9 Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us 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 your site.
The bet365 affiliate programme is intended for your direct participation. You 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. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by Contacting Us. Approval is solely at our discretion.
No affiliation can be made between your site and any bet365 Website.
2.11 Licence to use Marks
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trade marks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
2.12 Confidential Information
During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate programme (including, for example, Referral Commissions earned by you under the Affiliate programme). You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.
2.13 Data Protection
You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
3.1 The Referral Commission
Subject to clause 6, you will earn Referral Commission of 30% based on the net profit of your referred Customers. Net profit is defined as:
- on sports activities, all gross monies received by us in respect of all settled bets made by Customers 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) fraud; (v) returned stakes; (vi) transactions which are reversed by instruction from the card-holder's bank (commonly referred to as charge-backs); and (vii) voids and (viii) bet/deposit bonuses.
- on casino activities, the value of opening balance with the addition of funds transferred in less (i) funds transferred out (ii) closing balance (iii) credits made to users (iv) monies paid in the form of duties or taxes (or reasonable provisions in respect thereof) (v) licensing fees (vi) charge-backs (vii) bad debts and (viii) fraud.
- on poker activity, the Real Player Value (defined below) less (i) monies paid in the form of duties or taxes (or reasonable provisions in respect thereof) (ii) licensing fees, (iii) poker chips bonus, (iv) charge-backs, (v) bad debts and (vi) fraud.
- on games activity, the gross stake, less (i) voids, (ii) returns, (iii) monies paid in the form of duties or taxes (or reasonable provisions in respect thereof) (iv) licensing fees, (v) credits made to users, (vi) bonuses (vii) charge-backs, (viii) bad debts and (ix) fraud.
- on vegas activity, the gross stake, less (i) voids, (ii) returns, (iii) monies paid in the form of duties or taxes (or reasonable provisions in respect thereof) (iv) licensing fees, (v) credits made to users, (vi) bonuses (vii) charge-backs, (viii) bad debts and (ix) fraud.
- on bingo activity, the gross stake, less (i) voids, (ii) returns, (iii) monies paid in the form of duties or taxes (or reasonable provisions in respect thereof) (iv) licensing fees, (v) credits made to users, (vi) bonuses (vii) charge-backs, (viii) bad debts and (ix) fraud.
Real Player Value is based in part on rake and fee in accordance with our FAQ section for poker, and in part on the net deposits of customers onto poker tables. This ensures affiliates are rewarded for bringing recreational poker players who contribute positively to the poker liquidity and ecology.
We retain the right to change the Referral Commission percentage and method of calculation of Referral Commission as we wish in accordance with clause 1.4.
3.2 Payable Commission Calculations
Affiliates are eligible for payment on the balance of their sports, casino, poker, games, vegas or bingo earnings. Negative commission balances in either sports, casino, poker, games, vegas or bingo will be deducted from available commissions.
4.1 Referral Fee Payout Requests
Your bet365affiliate account must have a minimum of 5 active referred Customers before you will be eligible for Referral Commission payment. Subject to clause 6, you are entitled to one payout per month, providing you have fulfilled the above Customer requirement at the end of the preceding month.
You agree that a self-billing procedure is in place between you and bet365 in respect of payment of Referral Commissions. Under the self-billing procedure, if you wish to request payment of any Referral Commission you must make the payment request via your account on the bet365 affiliate system following which we will raise a VAT invoice showing all required particulars for the applicable Referral Commission on your behalf, which you agree to accept. Payment of any invoice will be made in accordance with and subject to the terms set out below. You agree not to raise any VAT invoice in respect of your affiliate services. You agree to notify us if you make any changes to the ownership of your business or your VAT registration. This self-billing procedure will remain in place for the term of this Agreement.
If you contract with Hillside (Marketing Malta) Limited in accordance with the terms of this Agreement the following shall apply to you: (i) it is understood that no VAT will be charged on the invoices and that in relation to affiliate services to Hillside (Marketing Malta) Limited that company will account for any VAT under the reverse charge in Malta; and (ii) you agree and acknowledge that any and all VAT obligations which you may have under Maltese VAT legislation remain exclusively your obligations and that bet365, by agreeing to issue invoices on your behalf in accordance with the self-billing procedure referred to above, does not in any way accept and/or assume any responsibility to ensure compliance with such VAT obligations beyond issuing the invoice on your behalf.
Likewise, if you contract with Hillside (Sports) GP Limited, it is understood that your services are outside the scope of VAT and no VAT is chargeable.
Payout requests for any calendar month’s Referral Commissions may be made anytime from the start of the second day (UK time) of the following calendar month.
The minimum payout request for earned Referral Commission per month depends upon the currency denomination of your affiliate account as shown below. There is no maximum limit.
Referral Commission payments may be requested:
(i) to a nominated bet365 account - recommended, the fastest and easiest way to withdraw money via your choice of any of the payment methods supported by bet365.com
(ii) bank wire, or
(iii) cheque (GBP or US dollar only).
Please be aware that although bet365 will not deduct any charges for arranging a bank wire, your own bank may choose to levy a charge on such transactions. Bank wires will appear on your bank statement with reference ‘Hillside (Sports) GP Limited’, with the exception of payments made to members of the affiliate programme who are based in Bulgaria, Denmark, Italy or Spain, where the reference will be to "Hillside (Marketing Malta) Limited" with effect from 1st August 2015.
Please note that if you are an affiliate resident in the US then option (i) above will not be available to you.
An active referred Customer is defined as a visitor to your site(s) who has clicked through to a bet365 Website via your click-thru link, has registered as a customer, deposited funds to their customer account and conducted betting or playing activity in one or more bet365 products - Sports at bet365, Casino at bet365, Poker at bet365, Games at bet365, Vegas at bet365 and/or Bingo at bet365.
4.2 Referral Commission Payment Currency
All Referral Commission Payments will be due and paid in the currency which was selected when your Affiliate Account was first set up, except for payment requests via cheque, which are only available in either GBP or US dollars. Where currency conversion is required, all amounts are converted at the mid-point applying at the time of payment, as published in the Financial Times.
Referral Commissions arising from Customer Accounts that are held in currencies other than the affiliate’s home currency will be converted at the mid-point which applied at the time the Referral Commission was earned.
5.1 Term and Termination
The term of this Agreement will begin when you are approved as an affiliate and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Upon termination you must remove all of our banners/icons from your site and disable all links from your site to all bet365 Websites. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of our Marks.
5.3 Unsuitable Sites
We may terminate this Agreement if we determine (in our sole discretion) that your 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 or breach any relevant advertising regulations or codes of practice.
5.4 Duplicate Accounts and Self Referrals
You shall not open more than one affiliate account without our prior written consent nor will you earn commission on your own or related person's bet365 sports, casino, poker, games, vegas or bingo account. The programme is intended for professional website publishers.
You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Referral Commissions based upon your continued promotion of Sports at bet365, Casino at bet365, Poker at bet365, Games at bet365, Vegas at bet365 or Bingo at bet365. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers. Your reduced or suspended promotion of our sites will be deemed to represent your termination of this Agreement.
We and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Agreement.
You shall defend, indemnify, and hold us, our 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 you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.
We make no express or implied warranties or representations with respect to the Affiliate programme, about ourselves 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, we make no representation that the operation of our 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 in the www.bet365affiliates.com system and the bet365 database, the database shall be deemed accurate.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the affiliate programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the affiliate programme will not exceed the total Referral Commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages.
You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we 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 your website. You have independently evaluated the desirability of participating in this Affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.
12.1 Governing Law
The laws of England will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in England and you irrevocably consent to the jurisdiction of its courts.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right 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 us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
Our 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. You acknowledge, confirm, and agree 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, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our 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.
Form Revised: 31 July 2015.
© 2001 - 2017 bet365. All rights reserved.