- Enrolment as a FragBet Affiliate
- Definitions
- Our Rights and Obligations
- Your Rights and Obligations
- Fee Payment
- Term And Termination
- No Partnership or Agency
- Indemnity
- Disclaimer
- Limitation of Liability
- Independent Investigation
- Miscellaneous
1. Enrolment as a FragBet Affiliate
The following are the full terms and conditions of your agreement to become a FragBet Affiliate. Please read the terms and conditions contained in this agreement carefully.
To enrol as one of our Affiliates you will need to send us an email to affiliate@fragbet.com and agree to our terms and conditions.
The enrolment process begins when you accept this Affiliate Agreement. We may reject you as an Affiliate if we determine, in our sole discretion, that your site is unsuitable for any, but not limited to, the following reasons: (i) you violate any local, state/provincial, federal law, regulation, rule or treaty; (ii) your are involved in tortuous conduct such as posting defamatory, libellous, scandalous, or private information about a person(s) or company without their consent, intentionally inflicting emotional distress or otherwise; (iii) you are violating the trademark, copyright, or other intellectual property rights of a third party; (iv) you promote discrimination based on race, sex, age, nationality, religion, disability, or sexual orientation; (v) you promote violence, or adult oriented material featuring nudity and acts of a sexual nature; and (vi) you promote or use any form of SPAM or unsolicited commercial email. Upon acceptance, we reserve the right to terminate this agreement at any time, in our sole discretion, if you transpire to be unsuitable as a FragBet Affiliate.
Please note that by downloading a banner and placing it on your site(s) you agree to be bound by these terms and conditions.
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2. Definitions
"Charge Backs" means where a Customer discovers irregular transactions made on his/her credit card/debit card that were not authorized by him/her and then requests that the relevant bank reverses those charges.
"Customer" means a person or entity that follows a link from your site, e-mail or however directed, to our site and opens an account with us. By opening an account with us, that person or entity will become our Customer and accordingly, all rules, policies, and terms and conditions that appear on our sites will apply to them.
"Net Win" means net Customers losses per month less (i) Customer winnings; (ii) financial charges incurred by us; (iii) Customer Charge Backs; (iv) taxes; and (v) bonuses given to Customers by us.
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3. Our Rights and Obligations
3.1 Register your Customers
We will register your Customers and will track their play. We reserve the right to refuse Customers or to close a Customer account if they fail to comply with any requirements we may periodically establish.
3.2 Track Customers’ Play
We will provide you with remote online access to reports of Customer activity and the affiliate fees generated from said Customers. These reports will include clicks, downloads, player activity and commission levels. The form, content and frequency of the reports may vary from time to time at our discretion.
3.3 Pay Affiliate Fee
We will pay you affiliate fees (see below) on income we earn from those Customers directed from your site.
3.4 Modifications
We may modify any of these terms and conditions at any time at our sole discretion, by posting a “Notice of Change”. Modifications may include, for example, changes in the scope of available referral commission, payment procedures, and general rules. You may terminate this agreement within 14 days of such modification if you do not agree to the modifications in question. Thereafter your continued participation as an Affiliate following a Notice of Change will constitute binding acceptance of the change.
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4. Your Rights and Obligations
4.1 Licence To Use Our Marks
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this agreement, to use our intellectual-property marks, namely [name & logo], solely in connection with the display of the banners 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 to use the banners as supplied by us. 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 or our licensor´s rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
4.2 Posting Our Banners
By becoming one of our Affiliates, you agree to download banners, text or promotional materials and place it on your site and/or utilize it within e-mail or print. These are the only methods by which you may advertise on our behalf. We will terminate this agreement immediately if there is any form of spamming or if you discredit us through false advertising, written or uttered words. You shall not make any claims, representations, or warranties in connection with us, and you shall have no authority to, and shall not, bind us to any obligations. The download banners are the only approved types of advertising and you may not alter their appearance and/or syntax. Any alteration will result in us not paying your affiliate fees.
4.3 Agency Appointment
Under these terms and conditions we grant you the non-exclusive right to direct Customers to our sites. These terms and conditions do not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, as we reserve the right to contract with and obtain assistance from others, at any time, to perform services of the same or similar nature as yours. You shall have no claim to any other fees or other compensation on business secured by or through persons or entities other than you.
4.4 Affiliate Fraud and Good Faith
In the event that you commit any sort of fraud or illegal activity then you agree to be liable for any and all damages that we may suffer as a result of such action and we shall, without affecting our accrued rights, be entitled to terminate this agreement immediately without further notice. Furthermore, you will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. Should fraudulent activity arise through a person directed to our site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.
4.5 Confidentiality
You agree to keep confidential any confidential information that may be supplied to you by us during the continuance of this agreement and shall not disclose to any third parties any matters incidental or relating to this agreement or to our business.
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5. Fee Payment
5.1 Payment Terms
We agree to pay into your gambling account [20] days after the end of each calendar month the affiliate fees set out below.
5.2 Payments Amounts
We will pay you X% of the total Net Win generated by Customers. Save for where the provisions of clause 2.4 apply, if during any monthly period the Customers generate negative revenue, your negative balance will not be carried over into the next month.
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6. Term And Termination
The term of this agreement will begin when you download a banner or any other marketing tool provided by us and link it to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate this agreement, in which case this agreement may be terminated immediately. Termination is at will, for any reason, by either party. For the purposes of notification of termination, delivery via email is considered a written and immediate form of notification.
Upon termination:
- You must remove our banner(s) from your site and disable any links from your site to ours.
- All rights and licences given to you in this agreement shall immediately terminate.
- You will be entitled only to those unpaid Affiliate fees, if any, earned by you on or prior to the date of termination. You will not be entitled to Affiliate fees occurring after the date of termination.
- If you have failed to fulfil your obligations and responsibilities, we will not pay you the Affiliate fees otherwise owing to you on termination.
- We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
- If we continue to permit activity (generation of revenue) from Customers after termination, this will not constitute a continuation or renewal of this agreement or a waiver of termination.
- 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 any trade names, trademarks, service marks and logos.
- You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations, which by their nature are designed to survive termination, as, set out in this agreement. Termination will not relieve you from any liability arising from any breach of this agreement, which occurred prior to termination.
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7. No Partnership or Agency
You shall not be an agent, partner, or employee of us and you shall not hold yourself out as such nor as having any power or authority to incur any obligation of any nature express or implied on behalf of us and nothing in this agreement shall operate so to constitute you as an agent, partner, or employee of the Licensor.
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8. Indemnity
You hereby agree and undertake fully and effectively to indemnify and hold us, our directors, officers, employees and representatives harmless both before the expiry or termination of this agreement for and against all damages, loss, claims, demands, expenses (including legal and professional expenses), costs and liabilities which you may at any time incur as a result of any and all breaches by you of the obligations specified in this agreement.
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9. Disclaimer
We make no express or implied warranties or representations with respect to this Affiliate Scheme (including, without limitation, its functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied 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 of any interruptions or errors.
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10. Limitation of Liability
We shall not be liable to you in respect of any loss of profits, goodwill, data or any type of special indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) arising out of this agreement or the performance thereof even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring the same. Further, our aggregate liability arising with respect to this agreement will not exceed the total Affiliate fees 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, officers or shareholders.
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11. Independent Investigation
You acknowledge that you have read this agreement and agree to be bound by its terms and conditions. Furthermore, you confirm that you have independently evaluated the appropriateness of becoming an Affiliate of FragBet and that you have not relied on any representation, guarantee, or statements other than those contained in this agreement.
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12. Miscellaneous
12.1 Governing Law
This agreement shall be governed by and construed in accordance with the laws of UK.
12.2 Assignment
You shall not be entitled to assign or otherwise transfer this agreement nor any of its rights or obligations without our prior written consent.
12.3 Waiver
No failure by us to exercise any power given to us hereunder or to insist upon strict compliance by you with any obligation or condition hereof and no custom or practice of the parties at variance with the terms of this agreement shall constitute.
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