LETSBET AFFILIATE PROGRAM – TERMS AND CONDITIONS
VERSION 1.0.0, APRIL 2018
Dear Letsbet.com-affiliate. You are very important to us. We are trying our best to treat you with fairness and respect. We simply ask the same consideration of you. We have written the Affiliate Agreement with you in mind, as well as to protect our Company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to contact the LetsBet Affiliates Team. You can reach us at firstname.lastname@example.org.
LetsBet Affiliates Team
Please read the entire LetsBet Affiliate Program Terms & Conditions.
You may print this document for your records.
This is a legal agreement and is binding between you and Pioneer Play Ltd. (the owner of the ‘Letsbet.com’ brand) with its registered office at Tower Gate Place Tal-Qroqq Street, Msida MSD 1703, Malta.
By signing up as a Letsbet.com affiliate, you are agreeing that you have read and understood the terms and conditions of this Agreement and that you agree to be legally responsible for each and every term and condition.
This Agreement contains the complete terms and conditions that apply to you on becoming an affiliate in The Letsbet.com Affiliate Program. The purpose of this Agreement is to allow you to promote the Letsbet.com online services on your websites. Please note that throughout this Agreement, “Company”, “we,” “us,” and “our” refer to Letsbet.com / Pioneer Play Ltd., and “you,” “your,” and “yours” refer to you, the affiliate.
- ‘Agreement’ means all the terms and conditions set out in this document;
- ‘Affiliate Program’ means the collaboration between the Company and the Affiliate;
- ‘Bonuses’ mean paid bonuses to the customer, not granted bonuses. Paid bonuses are real money (either bonus money turned real money or actual real money);
- ‘Commission’ means the percentage of the Net Revenue as set out in the Commission Structures;
- ‘Commission Structures’ means the Commission Structures expressly agreed between the Company and the Affiliate;
- ‘Net Revenue’ means all monies received by the Company from customers referred by you, less winnings, less 32% admin fee, less bonuses, less transaction costs and chargebacks, less applicable gambling taxes and VAT. See also point 4.6.
- Affiliate Obligations
2.1. When you sign up as an affiliate in our Affiliate Program, you will complete and submit the online application found at affiliates.letsbet.com. We will evaluate your application as fast as possible and send you a written confirmation via e-mail if your application is approved. Please note that any customers you refer to us before your application has been approved will not be registered and deemed to fall under the Agreement. We may reject your application at our sole discretion and without being obliged to offer you a reason. We may, in our sole discretion, immediately cancel your application if we determine that your site is unsuitable for the Letsbet.com Affiliate Program, including (but not limited to) if it:
2.1.1. Promotes illegal activities, violence and sexually explicit materials;
2.1.2. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
2.1.3. Promotes or contains any inappropriate content;
2.1.4. Is targeting under-aged persons;
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;
2.1.6. Includes our names and brands or variations or misspellings thereof in its domain name;
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion;
2.1.8. Contains software that potentially enables diversions of commissions from other affiliates in the Letsbet.com Affiliate Program;
2.1.9. your website or any other website that you operate, is designed explicitly or implicitly in a manner which resembles our website or leads customers to believe that you are Letsbet.com or any other associated business.
2.2. By signing up to our Affiliate Program you also warrant that you are aged 18 or over. You also warrant that you are duly authorized to enter into legally binding agreements.
2.4. Letsbet.com reserves the right, at any time, to review your placement and approve the use of banners and tracking links and require that you change the placement or use to comply with the guidelines provided to you.
2.5. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.6. It is entirely your responsibility to respect all applicable intellectual property rights and to abide by other laws that are applicable to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights. You hereby indemnify us in this regard.
2.7. You will not register a player account or make deposits to any player account for improving your own affiliate Commission. This applies to all accounts (personal accounts, accounts of relatives, friends, or other third parties) or by any other artificial or fraudulent means to improve or increase your contribution to the Commission.
2.8. You will comply with all advertising guidelines and legislation in any relevant markets in which such advertising is to appear either directly or indirectly, including but not limited to markets where the Company is licensed.
2.9. You are not allowed to target any jurisdiction where gambling and/or the promotion thereof is unlawful and/or illegal.
- Letsbet.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine whether you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Letsbet.com Affiliate Program.
3.2. We reserve the right to terminate this Agreement and your participation in the Letsbet.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Letsbet.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse are detected, Letsbet.com shall not be liable to pay you any Commissions generated from such fraudulent sales.
3.3. This Agreement will become effective upon our acceptance of your affiliate application, and will continue unless terminated hereunder.
3.4. All customers that you refer to us will be assigned a unique Identification Code (tag) for monitoring purposes.
3.5. We will convey all the necessary information, affiliate-links and marketing material to You. The information will be accessible from the backend of the Affiliate Program found at letsbet.com/affiliates. We will handle the revenue and traffic that you will create through the affiliate-links. We will report to you the exact number of earnings created from the affiliate-links, such as Net Revenue and Affiliate Commissions.
3.6. We reserve the right to refuse or exclude applicants and accounts, without being obliged to disclose the reason therefor.
3.7. We may close an Affiliate account if we believe that it would be necessary to comply with our policies, or to protect our best interests. If you don’t comply, or breach any part of this Agreement, we may close your account and take other legal actions or measures to protect our interests.
4.1. The Commission Structures can be found on letsbet.com/affiliates and can be changed by us without any reference or update to the Affiliate Agreement.
4.2. The Commission is calculated in the beginning of each month, for the previous month, and payments shall be made by the 15th (fifteenth) day of each calendar month, provided that the amount due exceeds €100.
4.3. If the balance is less than the minimum pay-out limit of €100, the Commission will be moved to the following month and it will be paid out once the total Commissions exceed the minimum pay-out limit. The Commission will be paid via the payment method selected by the Affiliate when signing up for the Letsbet.com Affiliate Program.
4.3. If you disagree with the reported Commission you shall report it immediately to the Company, and in any case not later than thirty (30) days after payment has been made, indicating the reasons why the Commission is not calculated in a correct manner. In the absence of such a report, you are deemed to have given your approval to the reported Commission.
4.4. The Company does not have any obligation to pay any Commission if it has reason to believe that traffic has been generated, or customers have been acquired in any illegal or questionable manner, or if the Affiliate is in breach of any provision of this Agreement or the rule.
4.5. The Affiliate is solely responsible for any tax liabilities and other liabilities, whether domestic or international and which arise in relation to the Commission. The Company may not under any circumstances be held liable directly or indirectly for any of the said liabilities, and the Affiliate has no right to demand any compensation or any reimbursement of any kind from the Company.
4.6. Commissions are paid out as a percentage of the Net Revenue.
For casino games the Commission is calculated as below:
Bets – wins – 32% admin fee – bonuses – transaction costs and chargebacks – applicable gambling taxes and VAT
4.8. The Commission shall be deemed to be inclusive of value added tax (VAT) or any other tax if applicable.
4.9. Letsbet.com uses a third party to handle the tracking. The third party is the Income Access. You will create an account so that you can log into Letsbet.com’s secure affiliate backend provided by Income Access. From the affiliate backend, you will be able to receive your reports that will describe the calculation of the Commissions due to you.
5.1. Either you or we may terminate this Agreement with immediate effect at any time, with or without cause, by giving the other party written notice via e-mail. In addition, this Agreement shall be deemed to have been automatically terminated immediately upon any breach of this Agreement by you.
5.2. Upon termination of this Agreement, the Affiliate will have to remove all references to Letsbet.com.
5.3. The Affiliate will only be entitled to earned and unpaid Commissions as of the effective date of termination. The Company can however withhold the earned Commission if needed to protect itself in the best manner, including the use of such monies as collateral against any potential claim.
6.1 We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Letsbet.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Letsbet.com’s Affiliate Program following the notification of the change will indicate your agreement to the changes.
- Promotion Restrictions
7.1. Certain forms of advertising are prohibited by Letsbet.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name.
7.2. Other generally prohibited forms of advertising include the use of unsolicited commercial email, pop-under banners, any type of tool that automatically places a tracking cookie on the visitor’s computer (cookie dropping), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Letsbet.com as long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings.
7.3. At all times, you must clearly represent yourself and your web sites as independent from Letsbet.com. If it comes to our attention that you are spamming, we will consider that as a cause for immediate termination of this Agreement and your participation in the Letsbet.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
7.4. The Affiliate is not allowed to bid in Pay-Per-Click campaigns on keywords such as Letsbet.com, Letsbet, www.Letsbet, www.Letsbet.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords. If the Affiliate is directing the traffic from such campaigns to their own website prior to re-directing it to ours, it will be considered trademark violation, and the Affiliate will be banned from Letsbet.com’s Affiliate Program. We will do everything possible to contact the Affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behaviour.
- Grant of Licenses
8.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Letsbet.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be in favour of Letsbet.com and the good will associated therewith will be to the sole benefit of Letsbet.com.
8.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
- Representations and Warranties
You represent and warrant that:
9.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
9.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
9.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- Limitations of Liability
We will not be liable to you with respect to any subject matter related to this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall our cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total Commission paid to you under this agreement within the preceding 12 calendar months.
You hereby agree to indemnify and hold harmless Letsbet.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without its express written permission.
13.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us. 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 clause.
13.2. You may not assign any rights or obligations under this Agreement to any third party.
13.3. This Agreement shall be governed by and interpreted in accordance with the laws of Malta without regard to the conflicts of laws and principles thereof. Any dispute shall be resolved by arbitration in Malta.
13.4. You may not amend any provision of this Agreement unless this is done in writing and signed by both parties.
13.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
13.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
13.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
13.8. Neither party shall be liable to the other for delay or failure of this Agreement, obligations, responsibilities, if the delay or failure arises from a reason out of their reach (Force Majeure), including labour disputes, strikes, industrial problems, acts of God, acts of terrorism, natural disasters, floods, lightning, power distribution and communication network failure, earthquakes, or other accidents. If a similar situation happens, the party that is experiencing this is released from its duty, in the event that the Force Majeure continues for more than thirty (30) days.