Terms and Conditions
TonyBet Partner Affiliate Program
For enrolment as an affiliate in the TonyBet Partner Affiliate Program (the Program) you will need to register as an affiliate by completing the online form. By downloading a banner and placing it on your website/s, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement (the Agreement). This agreement details all the terms and conditions of membership to the Program, designed to reward website owners (the Affiliate or Affiliates) for directing new customers to the participating sports betting products through its Affiliate Program (we or TonyBet).
1. Responsibilities of the Affiliate
1.1. As Affiliate you are responsible for promoting the Merchant by implementing the advertising, banners and tracking URL’s on your websites, e-mails or other communications.
1.2. You will present only approved content and topics on your site. Content that is deemed unsuitable by TonyBet will result in the Agreement being terminated.
2. Affiliation Guidelines
2.1. Only approved and properly tagged creative materials, supplied by us from time to time, may be used to promote the Merchant. Advertorials and personal endorsements are allowed but all materials not designed by TonyBet need to be approved in writing; such approval shall not be unreasonably withheld by us.
2.2. You may not modify any banners or other creative material supplied by us without the written prior consent of TonyBet.
2.3. By agreeing to participate in the Program, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within e-mail, direct marketing using your affiliate URL or print. These methods are by which you may advertise on the Merchants’ behalf.
2.4. Banners and links may not be placed within unsolicited e-mail, unauthorized newsgroup postings, or chat rooms or through the use of "bots". Traffic generated illegally will not be counted towards any revenue generated.
2.5. We will terminate this Agreement immediately if there is any form of spamming or if you discredit the Merchants or Tobet through false advertising, written or uttered words.
2.6. You shall not make any claims, representations, or warranties in connection with us or the Merchants and you shall have no authority to and shall not bind us or the Merchants to any obligations.
2.7. Without our prior written approval, you will only use our approved banners and links and will neither alter their appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of Merchants’ sites.
2.8. You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes TonyBet or the Merchants damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time and terminate the affiliate account. 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.
2.9. Affiliate must not alter form fields or scripts in TonyBet supplied marketing materials which are designed to collect contact information from players, in an attempt to hijack such information for Affiliate or advertiser's own use.
3. Purchase Processing
Only properly tagged customers can be assigned to an Affiliate. Should an Affiliate tag be improperly inserted into the Affiliate site or not properly received by TonyBet server the resulting customer registration and purchases will not be assigned to the Affiliate. Therefore it is the responsibility of the Affiliate to ensure that all links are properly tagged.
4. Revenue Sharing & Payment
4.1. TonyBet will pay out a monthly revenue share of 30% on the commissionable earnings generated by each customer, as defined by the Merchant.
4.2. Net revenue will be defined as gross gaming revenue minus the following:
- Marketing costs such as deposits, bonuses, free bets, free money
15% administration fee; included within the fee is as follows:
- Jurisdictional licensing fees
- Gaming platform licensing fees
- Affiliate software licensing fees
- Charges levied by electronic payment or credit card organizations
- Monies paid in the form of taxes
4.3. Should a customer process a charge back, the disputed or charged-back revenue generated by yourself will be forfeited and therefore deducted from the total balance due to you for the current month. If this deduction of the accumulated revenue exceed your current amount due, your balance will then revert to a negative balance, and you will have to earn revenue to cover the charge-back before you can start earning revenue again.
4.4. Unlike with a customer making a big winning, which only lasts one month, a charge back will stay due till the revenue generated by your other customers has covered the amount due.
4.5. Complimentary money, free money and other incentives refer to those amounts credited to the account of customers. As they have not purchased these amounts we cannot pay commissions on these amounts.
5.6. If the Affiliate close the month with a positive balance, commissions will be paid on the positive balance. Negative balance will be carried forward all time and you won't get commissions until it's positive again.
4.7. Commissionable earnings will be earned for the life of the customer, on all transactions the customer undertakes at the Merchant, for as long as the Affiliate remains a member of this Program.
4.8. Payments are made to you 7 business days after the close of the preceding month. Payments are effected by Neteller, Moneybookers, Moneta.ru, WebMoney or bank wire. It is the responsibility of the Affiliate to select the method of payment and keep TonyBet informed of current payment details.
4.9. TonyBet operates a closed loop policy which ensures you must withdrawal funds back to their source. This means that TonyBet pays out withdrawals to the same source, which the account was funded from, where possible. If the account was funded by two or more methods, the withdrawals will have to be proportional to the deposited amounts from each of payment methods used.
4.10 Minimum withdrawal is 100 euros.
4.11. We reserve the right to withhold payment from any Affiliate that violates any of the terms and conditions contained herein.
5. Policies & Confidentiality
5.1. The Merchants assume ownership of the customer at point of first contact with the visitor. You, as the Affiliate, act as a referring agent for the Merchants. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any statutory or other requirements (including but not limited to fraud prevention, anti-money laundering) we may periodically establish.
5.2. By opening an account with the Merchant, that person or entity will become our customer and, accordingly abide by all customer, policies, and operating procedures that will apply to them.
5.3. During the term of this Agreement, you may be entrusted with confidential information relating but not limited to the business, operations, customer affairs, products or services or underlying technology of the Merchants and/or ourselves and/or the Program (including, for example, referral fees earned by you under the Program)( the Confidential Information). You agree to avoid disclosure or unauthorized use of the Confidential Information to any third persons unless you have our prior written consent and that you will use the Confidential Information only to the extent necessary to perform your obligations or further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
6. Limited License
6.1. We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our own and/or the Merchants' intellectual-property marks (licensed, in turn by us, from their owner, as the case may be) solely in connection with the display of the banners on your site.
6.2. By this Agreement, we grant you the non-exclusive right to direct customers to the Merchants’ sites and services, 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 reserve the right to contract with and obtain the assistance from other parties at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.
6.3. This license 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 license to use the banners. 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.
6.4. We reserve the right to revoke this license at any time and it shall have been deemed revoked at the termination of this Agreement, for whatsoever reason.
7. Legal Responsibility
7.1. Ownership and content of our and Merchants’ sites remain our respective properties and shall not be deemed to have been transferred to the Affiliate through any act or omission in respect of the Agreement.
7.2. Ownership, content and liability for Affiliate sites are the sole responsibility of the Affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
7.3. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
7.4. It is the Affiliate’s responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.
7.5. Presentation of our banners & content on Affiliate’s site is the responsibility of Affiliate. The Affiliate must ensure that our content is presented in accordance with our prescriptions.
7.6. Affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any rights.
7.7. We may modify any of the terms and conditions contained in this Agreement, 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 fees, fee schedules, payment procedures, and referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
8.1. Any form of Spam will result in your account being placed under review and all funds due being withheld pending an investigation into your account. You need to be aware that Merchants are liable to incur expenses in dealing with Spam generated mail and these same expenses will be deducted from your account should the Merchants seek recourse. In this instance the amount determined by the relative Merchant will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an Affiliate of TonyBet.
8.2. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 reasonably would contradict anything in this paragraph.
9.1. Governing Law & Jurisdiction
This Agreement is governed by the laws of Isle of Man without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Isle of Man and you irrevocably consent to the jurisdiction of its courts.
9.2. Assignability and Enurement
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 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 RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Our rights and remedies hereunder shall not be mutually exclusive, i.e., 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, the respective rights and obligations of the parties may be enforceable 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, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
9.5. Severability / Waiver
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.
10. Term & Termination
10.1. The term of this Agreement will begin when you download a Merchant banner 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 the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
10.2. Upon termination:
a. You must remove the Merchants’ banner/s from your site and disable any links from your site to theirs and/or ours.
b. All rights and licenses given to you in this Agreement shall immediately terminate.
c. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
d. If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
e. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid or that you remove the Merchant’s banner/s from your site and disable any links from your site to theirs and/or ours.
f. 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.
g. 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, logos and other designations of the merchants.
h. 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 that 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.
10.3. WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
11. Relationship of Parties
You shall defend, indemnify, and hold the Merchants and their electronic cash provider, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement 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 unauthorized use of our banners and link or this Program.
We make no express or implied warranties or representations with respect to the Program or referral fee payment arrangements (including, without limitation, their 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 and/or Merchants’ site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
11.3. Limitation of Liability
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 referral program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral 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. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
12. Independent Investigation
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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT
14. IN WITNESS WHEREOF, by having read, the terms and conditions, and acknowledging such in the Affiliate sign-up form you agree to all the terms and conditions contained herein.
Version 1.0, dated 12 July 2012