~ ~ ~ ~ ~ ~Terms & Conditions~ ~ ~ ~ ~ ~
CONTRACT OF AFFILIATION
I. GENERAL PROVISIONS
1.This Contract settles the relationship between Brobet Limited /Efbet.com/, a company registered in Malta, with Reg. No. 40 842, address: Villa Ichang, No.16, Triq Mons.Alfredo Mifsud, Ta'Xbiex XBX1063 and administrative address Sofia, James Boucher Blvd. 20, registered under the Gambling Law, License No:000030-13708/28.10.2019, License No:
000030-754/08.03.2021, License No:
000030-1995/01.06.2021, issued and regulated by the Bulgarian State Commission on Gamblin and the Bulgarian National Revenue Agency , hereinafter referred to anywhere below the "Company" and those wishing to join the partner program, which will be hereinafter referred to anywhere below as "Affiliate/Affiliates"
2. This Contract settles the relations between Brobet Limited /Efbet.com/, hereinafter referred to as the Company, and the people willing to join the affiliate program who hereinafter will be referred to as the Affiliate/Affiliates. The affiliate program / the Program / applies to all people willing to enter into a contract with the Company for actively attracting clients and popularizing the services offered by the Company by observing strictly the provisions of this Contract.
3. Application to join the Program is carried out by filling in and sending the application form (the Application). The Application is filled in online on the following internet page of the Company: http://affiliates.efbet.com.
4. When filling in the Application and at any other time the Affiliate shall present the Company with complete and honest information about themselves, necessary for the relations between the parties. By completing the Application, the Affiliate declares voluntarily its agreement to enter into a contractual relationship with the Company, according to the current Terms and Conditions.
5. Upon receipt of the accurately filled-in Application, the Company shall notify the applicant whether their joining the program has been approved or not. Notification takes place via an email sent to the email address provided in the Application. Upon approval by the Company for inclusion of the Affiliate into the program, the Affiliate shall be granted with unique personal access to the website http://affiliates.efbet.com by creating an individual profile for access of the Affiliate (“Account”). The information in the Account, provided by the Affiliate to the Company when applying in the program is mandatory to correspond to that specified in the Form, as it is only the Affiliate which is responsible for the truthfulness and accuracy of the provided information and data.
6. In case of change of the information provided by the Affiliate and/or change of the data in the Account, the Affiliate is obliged immediately, within a period of 24 (twenty-four) hours, to inform the Company and to provide it with accurate up-to-date information. The Company reserves its right to unilaterally request provision of additional documentation by the Affiliate in relation to the change, requested by the Affiliate. The Company reserves the right, according to its sole discretion, to accept the requested change or to terminate unilaterally without notification its relation to the Affiliate and his participation into the Program. The Company, at its sole discretion at any time, may require documents for verification of the personal data used in the registration, in order to verify their authenticity.
7. Validly registered clients of the Affiliate are clients who have signed up in one of the following manners:
7.1. By clicking on a link from the site of the Affiliate, referring to specified by the Company website in way referred to by the Company;
7.2. By entering when signing up the unique code (affiliate code) provided to the Affiliate by the Company.
8. Only the Company registers clients and monitors their transactions.
9. The Company shall be entitled to refuse a client's registration and/or to close down a client's account at its discretion if the General rules and Terms and conditions, together with the Additional Terms and Conditions of the Company for participation in gaming activities organized by the later are not observed.
10. At its discretion the Company shall be entitled to:
10.1. block or limit certain participants, registrations and/or deposits,
10.2. ban access to a certain part of the site in order to prevent fraud attempts or deals prohibited by law;
10.3. ban access to certain parts of the site in the presence of techniques used by the Affiliate for advertising, contrary to current legislation, Company’s policy and/or these Terms and Conditions, that are aimed at, including but not limited to, attracting clients by introducing them into delusion or forced inviting registration.
10.4. The Company has the right, solely in its own initiative, to amend some of the terms and conditions, contained in this agreement or to replace them at any time, notifying the website http://affiliates.efbet.com about this. The amendments may include for example the difference in the commission, permitted manners of attracting customers, rules regarding the payment of due commissions, etc. as well as the completely ament the rules of the Program. In case that any of the amendments is not acceptable for the Affiliate, he should terminate this agreement in accordance with the terms and conditions. The participation of the Affiliate of the program, after announcement of any amendments or additions to the agreements on the website http://affiliates.efbet.com shall be possible only in case the Affiliate accepts the amendments or the contract.
11. Clients who are prohibited by law to participate in the services offered by the Company shall not be registered.
12. On joining the program, the Company provides the Affiliate with the non-exclusive and non-transferrable right to refer clients to the Company's products and services in accordance with this Contract.
13. Keep that in mind when agreeing to this Terms and Conditions. The correspondence between the Partner/s and the Company is made on: firstname.lastname@example.org
II. RIGHTS AND OBLIGATIONS OF THE AFFILIATE
1. The Affiliate shall actively attract active clients each month for the Company by following strictly the provisions of this Contract and the applicable legislation.
2. The Affiliate shall actively popularize all services offered by the Company by following strictly the provisions of this Contract and the applicable legislation.
3. The Affiliate shall guarantee that they possess all the necessary licenses, permits, registrations and other documents applicable to their activity, as well as that they always observe and shall observe all legal provisions /irrespective of jurisdiction/ applicable to them and as well as these Terms and conditions and Company.
4. The Affiliate takes part in the program either by creating and maintaining unique links on their site to a site requested by the Company and in the manner requested by the Company, or by actively attracting potential clients in a certain territory. The Affiliate can support a link to the website of the Company via one of the banners, emails, articles or text links, approved by the Company.
5. In order to qualify for a commission the Affiliate must have met the requirements for minimum clients by the end of the reporting period. For the avoidance of any doubt, the "reporting period" is each calendar month.
5.1 The Affiliate shall be obliged to provide at least 2 (two) new active clients each calendar month.
5.2 The Affiliate shall be obliged have at least 7 (seven) active clients for that calendar month.
5.3 The affiliate shall be obliged have at least 6 (six) new active clients for the last 3 (three) months.
6. The Affiliate shall try every month to increase the turnovers and net profits realized by the clients attracted by them.
7. The Company shall have the sole right to close down the Affiliate's account and to terminate their participation in the Program on ascertaining that:
7.1 The Affiliate disseminates spam in whatever form and/or manner.
7.2 The Affiliate is using promotional materials that undermine the prestige of the Company and / or contrary to the regulations in force;
7.3 The Affiliate is printing flyers, receipts in paper or other, containing a reference to the pledges and / or whole or parts of digital content on the site of the Company;
use your best efforts to actively and effectively advertise
7.4 The Affiliate does not actively attract clients for a long period of time (under 6 (six) new active clients for the last 3 (three) months). In case that an Affiliate does not fulfill the requirement under the previous sentence, the Company shall be entitled to unilaterally terminate its relations to the Affiliate and to close the account of the latter without owing payment to the accrued commissions. The Account shall be closed, but the Affiliate shall have to opportunity to open a new one. In this case, before the closing of the Affiliate's account, the Company may attempt to contact the Affiliate via the e-mail or contact address details provided by the latter.
7.5 The Affiliate generates traffic while either directly or indirectly registers a new client that is their associate or a family member (spouses, partners, parents, children, siblings). Such actions are considered to be in bad faith and against the interests of the Company.
8. The Affiliate shall not be entitled to register and/or submit application forms for domain names similar to the domain name of the Company. Only the Company shall pass judgment as to whether a certain domain name is similar or not.
9. The Affiliate shall not have the right to purchase and/or register key words, search terms or other identifications, used in any search engine, portal, sponsored advertising service or any other search or reference service, including Facebook and Google, which are identical or similar to any of the trademarks of the Company and/or to the trademarks of the Company. Only the Company shall pass judgment as to whether a certain trademark is similar or not.
10. The Affiliate shall not use pop-under ads that show up without client request (without native or display ad that is clicked). The affiliate shall not use any display ads or full page interstitials that set a cookie in the customer's browser without being clicked/ when closed. In case that the Company estimates that there is any kind of spam or if the Affiliate advertises the services offered by the Company in any other way different or not in accordance to the current terms and conditions and/or the Company’s policy, the latter shall be entitled to unilaterally terminate the participation of the Affiliate in the Program without providing of a notice and with an immediate effect. The Affiliate shall not have the right to make demands or any other claims on behalf of the Company, as well as to give guarantees related to the Company or to bind the latter with any kinds of obligations.
11. The Affiliate shall not have the right to demand payment of commission and/or any other compensation for activity carried out by people other than themselves.
12. The Affiliate shall only use advertising materials expressly approved by the Company.
13. The Affiliate shall not be entitled to alter and/or modify the appearance of the advertising materials explicitly approved by the Company.
14. The Affiliate shall not have the right to mention the Company in any other advertising materials different from the ones approved by the Company.
15. The Affiliate shall at any time act in good faith and for the benefit of the Company's interests.
16. The Affiliate shall include and constantly present in a visible place the most updated links provided by the Company on all their pages of their website /provided they possess one/ in the manners and places approved by the Company. The Affiliate shall not have the right to alter the form, place and function of the links without the prior approval of the Company.
17. Joining the Program shall not in any way create a joint venture, franchise, commercial agency, nor legal employment relations between the parties.
18. The Affiliate shall not have the right to make or accept any offers or agencies on behalf of the Company.
19. The Affiliate shall be held fully responsible for the creation, functioning and maintenance of their site, for any and all information and/or materials that are published or disseminated by the Affiliate.
20. The Company shall not be held responsible in any way with regard to the site created by the Affiliate and/or the information published and/or spread by the Affiliate and/or for whatever actions carried out by the Affiliate.
21. The Affiliate agrees unconditionally to indemnify the Company for any claims, damages and costs (including but not limited to court fees, expenses, fines, etc.) arising directly or indirectly from the site created by the Affiliate and/or the information published and/or disseminated by the Affiliate and/or from any actions carried out by the Affiliate.
22. Joining the Affiliate's site to any site of the Company is not allowed.
23. The Affiliate shall protect, indemnify and exonerate the Company, its managers, employees and agents from and against any liabilities, losses, damages and costs, including legally imposed fees resulting from: ensuing from or in any way related to (a) any violation on the part of the Affiliate of a warranty, deed or condition (b) fulfillment of duty and obligation under this Contract, (c) omissions or (d) any and all damages caused directly or indirectly by omissions or premeditated activity or inactivity or improper use of banners and links or the Program.
24. The Company has the sole authority to close the account of the Affiliate and terminate its participation in the program at any time, without notice, as well as in any establishment of breach by the latter, of the conditions referred to in points 5,7,8,9,10,11,12,13,14,15,17,18 and 22 of Chapter II. and/or in case the Affiliate does not accomplish the targets set by the Company under point 9 of Chapter III, of the current conditions, and not pay any commission, remuneration and/or payments to the Affiliate.
III. AFFILIATE'S PAYMENT
1. The Company shall pay to the Affiliate a commission to the amount of % of the net profit generated by the clients attracted by them for the following products: sports, casino and lotto) The total % of the commission will be defined, following the conditions in point 4 below.
2. The commission shall be paid on the basis of the net profit of the Company from clients attracted by the Affiliate. The net profit shall only be determined by the Company. The Affiliate shall not be entitled to make requests for payment of commissions or other compensations for business, performed by persons or organizations different from the Affiliate.
3. The Company does not pay a commission to the Affiliate in case during the reporting period the Affiliate has accumulated a negative balance on his Account with the Company.
3.1. The negative balance is transferred in the next reporting period until its compensation.
3.2. The negative balance for the reporting period can be removed, resp. zeroed, unilaterally only by and under the discretion of the Company.
3.3 If point 5.1 of Chapter II is not fulfilled for the reporting period, the accumulated commission is not transferred to the next reporting period.
4. For the purposes of this Contract net profit shall be defined as:
4.1. For the Sports Betting product: the initial balance value of the client plus the funds deposited by the client, minus (i) the withdrawn funds (ii) the balance after the end of the client’s game (iii) customers credits, (iv) license fees, (v) returned fees (charge back), (vi) administration fees, (vii) fraud attempts including but not limited to: deposit into the client's account by a stolen credit card, misappropriation of funds, money laundry attempts, etc.
4.2. For the Casino product: the initial balance value of the client plus the funds deposited by the client, minus: (i) withdrawn funds, (ii) balance at the end of the client's game, (iii) user credits, (iv) license fees, (v) returned fees (charge back), (vi) administration fees and(vii) fraud attempts including but not limited to: deposit into the client's account by a stolen credit card, misappropriation of funds, money laundry attempts, etc.
4.3. For the Lotto product: the initial balance value of the client plus the funds deposited by the client, minus: (i) withdrawn funds, (ii) balance at the end of the client's game, (iii) user credits, (iv) license fees, (v) returned fees (charge back), (vi) administration fees and(vii) fraud attempts including but not limited to: deposit into the client's account by a stolen credit card, misappropriation of funds, money laundry attempts, etc.
5. Commissions shall be paid to the Affiliate upon fulfilling the following conditions at the end of every month:
5.1. Values and percentages:
Net profit: 0 - 20 000 euro; 20 001 - 40 000 euro; 40 001 - 50 000 euro; 50 000 euro +∞
Commissions: 35% 40% 45% 50%
5.2. The Commission, payable to the Client by the Company, for the respective month to be for the amount of a minimum of 100 euro / 200 BGN, or its equivalent in other currencies.
5.3. The holding specifically calculated the affiliate commission in the following method:
- With clients that visit Efbet.com or other licensed domains of the Bulgarian holding: From the gross income of all games (the collective income from all players) 20%, administration fees for payment system fee and game providers fee - 18%; Affiliates – legal entities who are registered outside of the territory of the Republic of Malta are deducted an additional administrative fee of 18%; All of the paid bonuses and the paid back amounts and payments are also discounted.
6. Commission shall be paid within 90 (ninety) calendar days on its approval. The commission can be transferred only to the client account of the Affiliate registered at the personal account of the Affiliate, or it can be obtained by the Partner by other payment methods, preliminary and explicitly approved by the Company in written form. The Company shall make transfers of the commissions due to the Affiliate /s via the following payment methods:
· Bank transfer
In case of a discrepancy between the date provided in the system http://affiliates.efbet.com and efbet data base, the latter is considered as reliable.
7. If the commission generated from the net profit of the clients attracted by the Affiliate is negative or below the minimum payout amount to the date of the financial reconciliation, the Affiliate will not receive any commission until the Affiliate's account balance is positive and reaches the minimum amount payable under point 5.2 of Section III of these Terms and Conditions.
8. The commission shall be calculated in euro only. In case that the personal account registered with the Affiliate’s account is in a currency other than the euro, and the Affiliate has sent a written request to the Company that the transfer of the commission due should be made on such an account, the commission shall be paid in that currency at the exchange rate specified by the Company.
9. The Company at its sole discretion shall be entitled to change the size of the commission and the manner of its determination and calculation, as well as to set targets. The changes shall come into effect, resp. the target shall become obligatory for the Affiliate, on a date specified by the Company.
10. The Company shall have the right to withhold any amounts due to the Affiliate should the Company be in doubt as it their good faith.
11.The Company shall provide the Affiliate with an electronic report on the transactions and movements on the Affiliate's clients' accounts on the following webpage: http://affiliates.efbet.com
IV. INTELLECTUAL PROPERTY
1. The Company shall provide the Affiliate with a non-exclusive and non-transferrable license valid for the time the Affiliate is part of the program, to use the trade name of the Company, its trademarks and service marks, logo and any other markings in the manner specifically approved by the Company.
2. The Affiliate shall not be entitled to grant, contract and/or in any other manner dispose of and/or transfer the license which has been given to them.
3. The license granted to the Affiliate shall be limited to and shall only result from the rights ensuing from the general terms and conditions of this Contract.
4. The Affiliate shall not be entitled to claim invalidity and/or inapplicability and/or contest ownership of the Company's trademarks and/or the granted license in any manner whatsoever.
5. The Affiliate shall notify the Company immediately upon learning that a third party misuses the Company's trademarks.
V. CONFIDENTIAL INFORMATION
1. The Affiliate shall not have the right to reveal in any manner or form whatsoever information related to the Company nor for any of the attracted by him and / or registered customers the value in their accounts, including, but not limited to made bets, received winnings and any other information which has come to the attention of the Affiliate in and in connection with his participation in the program.
2. The Affiliate's obligations in relation to the confidential information shall remain valid even upon termination of their participation in the program.
VI. DATA PROTECTION
1. The Affiliate shall at any time comply with the applicable laws and/or the Privacy Act applicable to the Company, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council and all provisions of the European Union regarding the protection of personal data. For avoiding any doubt, from the Program and the Terms Conditions, such type of relations as Personal Data Administrator/Personal Data Processor or Joint Personal Data Administrators shall not be established between the Company and the Affiliate.
VII. DURATION AND TERMINATION
1. The Affiliate shall be deemed to have entered the Program on the date of receipt of the conformation by the Company.
2. The Affiliate shall be entitled to terminate their participation on the Program at any point upon notifying the Company, by giving one week's written notice of termination
3. The Company shall be entitled to terminate the Affiliate's participation at any time without giving reasons thereof.
4. Sending an email shall be reckoned as written and immediate form of notification for the purposes of the termination.
5. The financial relations between the parties shall be settled within 90 (ninety) days of receipt of the notice of termination.
6. Upon Contract termination, the Affiliate shall remove all banners/icons of the Company from their site and shall deactivate all links.
7. Rights and licenses which have been given from the Company to the Affiliate shall be terminated with immediate effect.
8. The Affiliate shall return to the Company all materials, information, as well as any copies of it, which are in their possession.
9. The Company shall be entitled to unilaterally terminate the participation of the Affiliate in the Program if it reckons (upon the Company’s discretion) the website for inappropriate. An inappropriate website may be, but not limited to: intended for children, shows pornography or other sexual acts, promotes violence, promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation or age, promotes illegal activities or violates intellectual property rights, or advertising regulations or Company policies.
VIII. LIMITATIONS ON THE COMPANY'S LIABILITY
1. The Company shall not guarantee that its sites' performance, its system, network, software or hardware (or those supplied by third parties) shall be error-free or will run smoothly. The Company (or its suppliers or main suppliers) shall not be obliged to provide constant network stability, nor software or hardware stability. The Company shall not be held responsible for any eventual consequences of such errors. This agreement shall not provide rights or benefits to persons or organizations, different from the parties in it.
2. The Company shall not be held responsible for any direct or indirect damages (or any loss of income, profit or data) arising in relation to the Program, even if the Company was aware of the possibility of such damages.
3. The Company's liability shall be limited to and shall not exceed the total commission due to the Affiliate. Any obligation resulting from this Contract shall be settled only with the generated commission and shall be limited to direct damages caused by guilty conduct of the Company.
4.The Company's obligations under this Contract shall not be deemed personal obligations of its managers, employees, partners or shareholders.
IX. APPLICABLE LAW
1. The laws of Republic of Malta shall be applied.
2. Any court and/or out of court action related to this Contract shall be addressed to Republic of Malta.
3. The Affiliate agrees and accepts unconditionally the jurisdiction of the court institutions of Republic of Malta.
X. TRANSFER OF RIGHTS. WITHOUT WAIVERS.
1. The Affiliate shall not be entitled to transfer their rights or obligations under this Contract to third parties and/or organizations.
2. Transfer of rights and obligations under this agreement to third persons shall be only possible and only at availability of an explicit prior consent of the Company in writing. The Company shall reserve its right, under its discretion, to unilaterally terminate without notice its relation with the Affiliate as well as its participation in the Program.
3. Failure of the Company to strictly adhere to the provisions of this Agreement shall in no way be construed as a waiver, including but not limited to subsequent imposing any of the clauses under this agreement. No amendments, additions or corrections to this agreement shall be permitted or shall be binding to the Company.
XI. SEVERABILITY CLAUSE
1. Should it become known that any provision of this Contract has become void, unlawful or inapplicable in any respect, this provision shall not be in force for the specific invalidity or inapplicability only without prejudice to any part of the rest of this Contract or any other provision thereof.
XII. FRAUD PROTECTION
1. In case the Company suspects fraud, or Partner's behaviour contrary to the policies of the Company or the present Terms and Conditions, the Company can delay payment of any profits of the Affiliate up to hundred and eighty (180) days while investigating and looking into the case in question. If the Company comes to the conclusion that they are dealing with fraud, it may recalculate and/or withhold any amounts due to the Affiliate.
XIII. MONEY LAUNDRY
1. The Affiliate shall observe and at any time comply with the legislation applicable to them and/or the Company in relation to money laundry and/or property acquired by way of crime.
XIV. FINAL PROVISIONS
1. The provisions of this Contract shall come into effect and shall be binding for the Affiliate once they fill in the Application form.
2 The Company retains the right to unilaterally amend and/or supplement these Terms and Conditions. Amendment and/or addition to these conditions shall bind the parties from the date of their acceptance by the Company.
3. For the purposes of these Conditions:
"Active client"- represents a registered through the Affiliate client who have deposited funds, at least one per a calendar month, to his or her client account and placed bet.
"Canceled bets"- are all back bets which have been registered as win or non-win such.
"Net Profit" - represents the profit obtained due to these conditions from which earnings are deducted due on the same deductions.
"Gross profit"- represents the profit obtained as a result of these conditions, without deduction of the necessary deductions.
"Reporting Period" - a period equivalent to one month of the year.
“Target” - specific result(s) and/or goal(s), determined unilaterally by the Company for accomplishment by a deadline, which may be, e.g. but not limited to, number of active clients, amount of bets received, amount of commission and etc. (enumeration is not exhaustive), and which have to be achieved by the Partner within this deadline.
Date of last change: 12.07.2021