~ ~ ~ ~ ~ ~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:000030-11885/12.09.2019, License No:000030-11886/12.09.2019, License No:000030-12512/01.10.2019, License No: 000030-11888/12.09.2019 and License No: 000030-11889/12.09.2019, issued and regulated by the Bulgarian State Commission on Gambling, 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. Upon changes in the presented information, the Affiliate shall notify the Company immediately and shall provide up-to-date information. By completing the Application, the Affiliate declares its agreement to enter into a contractual relationship with the Company.
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.
6. Validly registered clients of the Affiliate are clients who have signed up in one of the following manners:
6.1 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;
6.2. by entering when signing up the unique code /affiliate code/ provided to the Affiliate by the Company.
7. Only the Company registers clients and monitors their transactions.
8. 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 are not observed.
9. At its discretion the Company shall be entitled to: block or limit certain participants, registrations and/or deposits, ban access to a certain part of the site in order to prevent fraud attempts or deals prohibited by law; ban access to certain parts of the site in the presence of techniques used by the Affiliate for advertising, contrary to current legislation and these Terms, that are aimed at attracting clients by introducing them into delusion or forced inviting registration.
10. Clients who are prohibited by law to participate in the services offered by the Company shall not be registered.
11. On joining the program, the Company provides the Affiliate with the non-exclusive en non-transferrable right to refer clients to the Company's products and services in accordance with this Contract.
12. Efbet Poker does not offer illegal Rakeback and it shall not be offered through our site or through our network of partners.
Affiliates found in violation efbet Poker Terms or conditions in respect of the Provider Rakeback policy will be immediately suspended until further investigations. Affiliate responsible for any breach of these rules will be suspended and account balances will be frozen for 3 months. Partnership agreement with efbet Poker will also be permanently stoped.
In the presence of fines will be paid by the affiliate. In case where fines are not imposed, affiliate balance due to termination date will be released.
Keep that in mind when agreeing to the conditions below, if you have any questions, please do not hesitate to contact Affiliate team at: firstname.lastname@example.org
II. RIGHTS AND OBLIGATIONS OF THE AFFILIATE
1. The affiliate shall actively attract clients 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.
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.
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.
5.1 The Affiliate shall be obliged to provide at least 2 new active clients per month.
5.2 The Affiliate shall have at least 7 active clients for that calendar month.
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 (at least 6 new active clients for the last 3 months). In this case the closing of the Affiliate's account will not happen before the Company has attempted to contact the Affiliate via the contact 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 have the right to demand payment of commission and/or any other compensation for activity carried out by people other than themselves.
11. The affiliate shall only use advertising materials expressly approved by the Company.
12. The Affiliate shall not be entitled to alter and/or modify the appearance of the advertising materials explicitly approved by the Company.
13. The Affiliate shall not have the right to mention the Company in any other advertising materials different from the ones approved by the Company.
14. The Affiliate shall at any time act in good faith and for the benefit of the Company's interests.
15. 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.
16. Joining the Program shall not in any way create a joint venture, franchise, commercial agency, nor legal employment relations between the parties.
17. The Affiliate shall not have the right to make or accept any offers or agencies on behalf of the Company.
18. 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.
19. 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.
20. 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.
21. Joining the Affiliate's site to any site of the Company is not allowed.
22. 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.
23. As a rule set by the network of the Provider, affiliates of EFbet Poker may not offer, advertise or distribute illegal (unauthorized) or additional rakeback or rakeback promotions.
24. The Company has the sole authority to close the account of the Affiliate and terminate its participation in the program at any time, in any establishment of breach by the latter, of the conditions referred to in points 8,9,10,11,12,13,14 , 15,17 and 21 of Chapter II., of the current conditions.
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, poker,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.
3. For the purposes of this Contract net profit shall be defined as:
3.1. For the Sports Betting product: all clients bets which have been registered as win or non-win minus (i) all profits paid to Clients, (ii) money paid on taxes and fees on the bets (or collaterals in that respect), (iii) returned bets, (iv) transactions which have been cancelled on instructions by the cardholder's bank (the so called returned fees), (v) cancelled bets, (vi) administration fees and (vii) deposits and bonuses for bets and (viii) 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.
3.2. 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 in the casino, (iii) user credits, (iv) license fees, (v) returned fees, (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.
3.3. For the Poker product: the gross rake minus:
(i) license fees, (ii) bonus chips, (iii) starting bonus, freeroll, rakeback, etc. (iv) returned fees, (v) administration fees and (vi) 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.
3.4. For the Loto product: all clients' bets which have been registered as win or non-win minus (i) all profits paid to Clients, (ii) money paid on taxes and fees on the bets (or collaterals in that respect) , (iii) returned bets; (iv) transactions which have been cancelled on instructions by the cardholder's bank (the so called returned fees) , (v) cancelled bets, (vi) deposits and bonuses for bets, (vii) administration fees and (viii) 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. Commissions shall be paid to the Affiliate upon fulfilling the following conditions at the end of every month:
4.1. Values and percentages:
Commissions: 35% 40% 45% 50%
4.2. 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.
4.3. 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%, 18% Administration fees (payment system fee + game providers fee) and all of the paid bonuses and the paid back amounts and payments are discounted.
5. For each billing period the Affiliate shall receive the total balance of the estimated commission. In case of negative balances, affiliate will not be eligible to request withdrawal.
6. In case of accumulation of negative balance, the Affiliate won't receive a commission at the end of the period and the cumulative negative balance will be transferred to the next reporting period.
7. Commission shall be paid within 30 calendar days on its approval. The commission shall be transferred to the client account of the Affiliate registered with the Company, or it can be obtained from the latter by others approved by the Company, payment methods.
8. 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.
9. The commission shall be calculated in euro only. In case the Affiliate's client account registered with the Company is in a currency other than the euro, the commission shall be paid in that currency at the exchange rate specified by the Company.
10. The Company shall be entitled to change the size of the commission and the manner of its determination and calculation. The changes shall come into effect on a date specified by the Company.
11. 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.
12.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.
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.
3. The Company shall be entitled to terminate the Affiliate's participation at any time without giving reasons thereof.
4. The financial relations between the parties shall be settled within 10 days of receipt of the notice of termination.
5. Upon Contract termination, the Affiliate shall remove all banners/icons of the Company from their site and shall deactivate all links.
6. Rights and licenses which have been given to the Affiliate shall be terminated with immediate effect.
7. The Affiliate shall return to the Company all materials, information, as well as any copies of it, which are in their possession.
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.
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 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 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 Repblic of Malta.
X. TRANSFER OF RIGHTS
1. The Affiliate shall not be entitled to transfer their rights or obligations under this Contract to third parties without the Company's explicit consent.
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, it 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.
XIII. FINAL PROVISION
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. For the purposes of these Conditions:
"Active client" - represents a registered through the Affiliate client who have deposited funds 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.
Date of last change: 15.11.2019