General Terms and Conditions
It is important that you read and understand the contents of these terms and conditions (the Agreement). By continuing with your application to join our affiliate programme, you are agreeing (subject to our approval of your application) to the terms and conditions of this Agreement.
If you do not agree with this Agreement or are not authorised to do so, you may not join the programme and you should discontinue your application.
Should you have any questions regarding our affiliate programme, do not hesitate to contact us.
AFFILIATE TERMS AND CONDITIONS
Please find below our terms and conditions to apply as a member of the Betgoals Team Affiliate Program. Please read this agreement completely.
By submitting the application form or linking to the Site you are deemed to have agreed to be bound to the terms and conditions set out in this document, which has a form of a binding agreement. If you don’t agree with any part of this terms and conditions, please do not submit the application form or linking to the Site.
1.1 “Site” means the Betgoals website located at http://www.BetGoals.com and its related pages.
1.2 “Product” means an online gaming or sportsbook product (including but not limited to casino, poker, bingo, rummy and sports betting) for which professional services are rendered by Betgoals or any related company identified by Betgoals as such.
Group: Betgoals or any related company identified by Betgoals as such from time to time.
1.3 “Player(s)” means a person that enters the Site via your Tracker(s) and deposited a certain amount of money.
1.4 “Tracker(s)” means the unique tracking URL that we provide exclusively to you, during the term of this Agreement, through which we track your efforts and calculate your Affiliate Commission.
1.5 “Banners and Text Links” means the graphical artwork or text that will be directed to our Site’s home page at http://www.Betgoals.com, through your Tracker, to permit a Player to hyperlink from your website to our Site.
1.6 “Product Net Revenue” = Bets less Wins less Bonuses less Chargebacks less Jackpot contributions less Admin fee generated on your Tracker(s) based solely on our log files.
1.7 “Affiliate Commission” is the percentage of Product Net Revenue less (i) converted complementary points and (ii) fraudulent transactions, due and payable to you, at the end of each calendar month, based solely on our system’s data. The Affiliate Commission will be a fixed monthly percentage of the “Product Net Revenue” according to the amount of wagers made by players you send within 1 month of activity.
The Affiliate Commission will be negotiated with you prior to sending any Players, depending of the monthly number of new Players, position of Banners and Text Links on your website and/or other factors affecting the Product Net Revenue. Minimum guaranteed Affiliate Commission is 25%.
1.8 “First Time Depositor” means a Player who’s visited the Site through a Tracker provided by the Affiliate and has registered and has made their first deposit during that payment period.
1.9 “Spam” means emails and messages that are sent by you, directly or indirectly, which: 1), contain false or misleading statements; 2), do not truthfully identify the source or the originating IP Address; or 3), do not contain an online and real time Remove option.
1.10 “Fraud Traffic” means Deposits or traffic generated at the Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks.
- This agreement is just for commercial use only, the affiliate as well his family members, friends and associates may not make deposits, directly or indirectly, through his Tracker in order to increase in a fraudulent way his incomes. Any action the affiliate offer to the player(s) to make minimum deposits to increase the affiliate incomes constitutes fraudulent and disloyal practices in the commercial relationship.
- Betgoals Team reserves the right to not pay payment in cases where we notice that the method is being abused, or where affiliates reward players a part of the Affiliate Commission amount in order to get them to sign up with one of the Sites. After being notified, if the affiliate or player(s) keeps on practicing them, We will disable the affiliate account and, depending on the case, it will inform others about the fraudulent practices of the affiliate.
1.11 “Sub-Affiliates” means all traffic generated via your dedicated links and generated by a 3rd party you contacted and linked to the site.
1.12 “Fraudulent transaction” A fraudulent transaction is defined as un-collectable money transaction as a result of customer non-payment or fraudulent use, including but not limited to charge-backs and returns.
1.13 »Product«, »Us«, »We« means BetGoals.
2. AFFILIATE APPOINTMENT
2.1 Your application to be an Affiliate will be reviewed following submission and You will be notified in a timely manner of Our acceptance or rejection of Your application.
2.2 If the information provided by You upon registration is deemed insufficient, We reserve the right to reject Your application to become an Affiliate and to withhold pay-out.
2.3 Upon acceptance into the Affiliate Programme, You hereby accept the appointment as an Affiliate. For the avoidance of doubt, any auto-approval by Us does not imply that We may not re-evaluate Your application at a later stage.
2.4 You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals and that You shall have no claims to any fees or other compensation on business secured by or through persons or entities other than You.
- OUR RIGHTS AND OBLIGATIONS
3.1 Register your players
We will register your players and will track their play. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
3.2 Track players Play
We will track players play and will provide you with remote online access to reports of customer activity and the Affiliate Commission generated.
3.3 Pay a marketing Fee
We will pay you Affiliate Commission (defined above) we earn from players directed from your site after they open an account with us and based on Deposits they make for real money.
3.4 Due to commercial and legal reasons we do not accept any players with physical addresses in the United States of America and its territories. Likewise, we do not send any monthly payments or transfer funds to banks located in the United States of America and its territories.
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 Affiliate Commission, fee schedules, and affiliation 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 (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- YOUR RIGHTS AND OBLIGATIONS
4.1 Linking to the Product client
By agreeing to participate in this affiliation Program, you agree to follow our instructions to activate the services. You agree that the methods advised to you by US 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 advertise our Site in any other unauthorized way. 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.
4.2 Agency Appointment
By this Agreement, we grant you the non-exclusive right to direct customers to our site 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 obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to Affiliate Commission or other compensation on business secured by or through persons or entities other than you.
4.3 Approved Layouts
Without our prior written approval, you will only use our approved banners and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site.
4.4 Good Faith
You will not 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 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 Affiliate Commission with respect to such traffic.
4.5 Responsibility for Your Site
You will be solely responsible for ensuring that materials posted on your site are not libelous 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, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.
4.6 Traffic Generated Through an Unsuitable Medium
Any form of traffic that is generated from any medium that is aimed at children, promotes violence, includes pornographic or narcotic material, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates any Intellectual Property rights, or are otherwise considered by Us to bring the Group into disrepute or prejudice its interests in any way or is capable of creating confusion of the customers, is considered unsuitable, and constitutes a serious breach of this Agreement.
4.7 In addition, You are not permitted to pursue any link building strategies to promote non-compliant/ infringing content on Your Affiliate Websites and/or social media pages. Any attempt in restricting Betgoals access to viewing Your content is prohibited and may result in immediate action taken on Your Affiliate Account. For avoidance of doubt, use of any other methods in order to mask and misdirect website tracking tools/ Betgoals auditors, and/ or utilisation of bridge pages (websites whose sole purpose is to drive traffic to another site), link schemes (a technique to manipulate links to the content, or a certain domain), hidden texts/ links (a technique to hide text and links from the site visitor) and/ or keyword stuffing (technique to manipulate site ranking by stuffing the page with irrelevant keywords) is strictly prohibited.
4.8 It shall be Your sole responsibility to regularly monitor any and all of Your networks and traffic sources to ensure full compliance with this Clause at all times.
4.9 Manipulation/Advising Referred Players to the Detriment of the Group
You shall not advise or incentivise Your Referred Players in any manner which would negatively affect the profitability of the affiliate relationship between You and Betgoals. Prohibited activities include, but are not limited to, advising Referred Players about ways in which the Products could be abused or manipulated. If fifty per cent (50%) or more of Your Referred Players are betting on a single outcome in relation to a Product, this shall be a breach of this Agreement with the respective consequences as provided herein.
4.10. Copying of Sites or Theft of Site Content
If it can be reasonably proven that Affiliate earnings have been lost due to an incident of copying theft, We reserve the right to pay revenue generated by the offending Affiliate to the aggrieved party. Complaints in relation to this Clause should be sent to this e-mail for investigation.
4.11 Marketing Compliance
You shall comply with all advertising guidelines and legislation in the relevant Markets for the term of this Agreement
4.12 Limitations on URLs
The use of Brand names, including but not limited to, Betgoals, any Betgoals trademarks or any variation of the name or any use of any words that are confusingly similar, in Affiliate Links is restricted and prohibited. Our Brand name may not be used in a derivative URL or subdomain. For example:
- Yoursite.com/Betgoals.html – ALLOWED
- Yoursite.com – NOT ALLOWED
- http://www.YoursiteBetgoals.com/ – NOT ALLOWED.
5.1 We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use Our intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. 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.
5.2 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. YOUR WARRANTIES
6.1 By applying to be registered as an Affiliate, You warrant the following:
a) The information You provide Us with upon registration is complete, valid and truthful, as is any other information You provide thereafter during the term of this Agreement;
b)cIn the event that You are not an individual, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such company/corporate entity/organisation;
c) The execution of this Agreement by such individual, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound;
d) That You have all requisites, legal and authoritative, to enter into this Agreement and to carry out and perform Your obligations under the terms of this Agreement.
e) You shall comply with all Applicable Law and regulations (including Data Protection Laws) related to the performance contemplated under this Agreement.
f) Your performance of this Agreement shall not infringe the intellectual property rights or any other rights of any third party, including without limitation, right of privacy, right of publicity, contractual or other right of any person, or constitute any libel or slander of any person.
g) To provide, at any given point, both before Your appointment as an Affiliate as well as at any point during the duration of the Agreement, whether You are a company/corporate entity/organisation or an individual, upon Our request, any due diligence information, including but not limited to: proof of identity; proof of address; incorporation documents; company and/or group structure; verification documents regarding board members, directors, shareholders and beneficiaries; confirmation or otherwise of any political connections, sanctions, and adverse media; and any other corporate documents and/or certificates;
h) To provide, at any given point during the duration of the Agreement, any such information to Us as We may reasonably require in order to enable Us to comply with Our information reporting and other obligations to any relevant supervisory authorities;
i) When carrying out activities on Our behalf, to conduct Yourself as if You were bound by the same license conditions and subject to the same codes of practice applicable to Us;
j) That You have effective mechanisms in place to prevent access to Your Affiliate Website by minors, including but not limited to, clear warning signs indicating the minimum legal age permitting individuals to make use of the Product as stipulated in the laws of the relevant jurisdiction;
k) That any commercial communications which originate from You must include a message regarding playing responsibly and a message in this regard should be clearly placed and portrayed on Your Affiliate Website. Examples of such messages include, but are not limited to, the following: “If you play, play responsibly”; or “Uncontrolled gambling may have adverse consequences at a psychological level”;
l) That any commercial communications which originate from You must not overlap with the main content of the page or application, where it could block most of that content, without involving any prior action by users, except for those that are developed exclusively on the Websites themselves. Apart from the previous case, commercial communications must never block browsing activities and it must be easy to close them or to stop their execution;
m) That any commercial communications which originate from You may not be placed on websites or apps which, in turn, promote gambling activities of entities without an operating license in any Betgoals’ restricted jursidiction. It is Your obligation to check Betgoals Restricted Jurisdictions found on Betgoals Terms and Conditions for players, available on our website.
n) To co-operate with Us fully and promptly in the event the We request information on Your practices and You agree that We may reasonably monitor such practices to ensure compliance with applicable legislation. Should We discover non-compliance with any applicable legislation, We reserve the right to take any action which it deems necessary, including but not limited to terminating this Agreement with immediate effect, immediate closure of Your Affiliate Account and withholding all funds due to You.
6.2 You agree to indemnify Us for any damages suffered as a result of a breach of this Clause and this Agreement and We further reserve the right to take any action to which it may be entitled, in the event that it suffers any damage whatsoever due to Your non-compliance with this Clause or this Agreement.
- CONFIDENTIAL INFORMATION
- WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights.
8. DATA PROTECTION AND PRIVACY
- You shall at all times comply with the General Data Protection Regulation (GDPR) and the Privacy and Electronic Communications (e-Privacy Directive) Regulations 2002/58/EC and any new or amended data protection acts, regulations or law applicable to Your territory.
- Should any activity which You are carrying out pursuant to this Agreement result in any form of processing or storage of personal data, the relationship between Us and You will need to be assessed to ensure the role of each Party, and thereafter a separate and relevant data protection agreement will be entered into.
- You warrant that You will co-operate with Betgoals and/or the Group fully and promptly in the event that We request information on Your data protection practices and You agree that Betgoals and/or the Group (as separate data controllers protecting their own interests) may monitor such data protection practices to ensure compliance with applicable Data Protection Laws.
- Further to the above, You acknowledge that it may be necessary for the performance of this Agreement to share Your data, including Your personal data, with other companies within the Group including without limitation in order to grant or enforce the license to the Licensed IP and/or to process payments and manage the relations with the Affiliates. Likewise, You understand and acknowledge that We and/or any company within the Group may be obliged to share Your data, including Your personal data, with authorities and/or data subjects to comply with legal obligations or to exercise legitimate interests as discussed above.
- Although Our goal is to always be as clear and transparent as possible, We appreciate that legal documents can sometimes be difficult to read. Please do not hold back from contacting Us for any clarification You may need.
- PAYMENTS AND FEES
All charged back amounts will be deducted from your payment or the reserved . Charge back fees will be paid to credit cards companies and will be administered by us.
- Fee Payment
- TERM AND TERMINATION
- The term of this Agreement will begin when you create a unique affiliate account and we have accepted this. The Agreement shall continue 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.
- Upon termination:
- You must remove all of our banners/icons from your site and disable the link from your site to ours.
- All rights and licenses given to you in this Agreement shall immediately terminate.
- If you have failed to fulfil your obligations and responsibilities, we will not pay you the Affiliate Commission 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 play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
- You shall defend, indemnify, and hold Betgoals, 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:
- Any breach by you of any warranty, representation, or agreement contained in this Agreement.
- The performance of your duties and obligations under this Agreement.
- Your negligence or 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 Affiliation Program.
- We make no express or implied warranties or representations with respect to the Affiliation Program, Betgoals or marketing 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 site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
- CONFIDENTIAL INFORMATION
- Except as otherwise provided in this Agreement, or with the consent of any of the Parties hereto, all Parties agree that all information, including, but not limited to, the terms of any additional agreement entered into between the Parties, business information and technology concerning Us or You, respectively, or any of Our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by such Party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such Party hereto or its Affiliates. During the term of this Agreement, You may be entrusted with confidential information relating to the business, operations, or underlying technology of the Group and/or the Affiliate Programme (including, for example, Fees earned by You under the Affiliate Programme). You agree to avoid disclosure or unauthorized use of the confidential information to third parties unless You have Our prior written consent, and that You will use the confidential information only for the purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.
- RELATIONSHIP OF PARTIES
- 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 behalf of Us. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
- LIMITATION OF LIABILITY
- Your liability, whether under contract, tort or otherwise (including any liability for negligent act or omission), shall not be in any manner excluded or limited and shall include, without limitation, also any liability for any indirect and consequential damages incurred by Betgoals including loss of profits, revenue, business, contracts, anticipated savings.
- For the avoidance of doubt, You shall also be solely liable towards Us for breaches of this Agreement by Your Affiliate Networks or any sub-contractors or third parties You engage.
- We will not be liable for any damages whatsoever, including direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Programme, even if We have been advised of the possibility of such damages.
- Further, to the extent permitted by the law, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total Affiliate Commission 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. Any liability arising under this Agreement shall be satisfied solely from the marketing fee generated and is limited to direct damages.
- 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 OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY AND LEGALITY IN YOUR RESIDING JURISDICTION OF PARTICIPATING IN THIS AFFILIATION PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
- Governing Law
The laws of Curacao, without reference to rules governing choice of law, will govern This Agreement. Any action relating to this Agreement must be brought in Curacao and you irrevocably consent to the jurisdiction of its courts.
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. 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.
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. IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.