This agreement (the “Agreement”) describes the entire terms and conditions which govern your participation in BondiBet Affiliate Program accessible at https://bondibetpartners.com/ (the “Affiliate Program”).
By accessing, browsing and using our website and/or by completing an Affiliate Membership Form, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.
You represent and warrant that you have the power and authority to enter into this Agreement and perform your obligations under this Agreement.
The following definitions apply:
“Affiliate”, “you”, and “your” means you, the applicant or the member of the Affiliate Program;
“We”, “our” and “us” means the company that operates the Affiliate Program;
“Referring Media” means websites, social media groups, accounts or channels owned, controlled or operated by you, and/or email campaigns, social networks campaigns, search engine advertising campaigns or other campaigns run by you in compliance with this Agreement from which you link to the Destination Website(s);
“Destination Website” means https://www.bondibet.com and other website(s) of BondiBet.
“BondiBet” means the company that operates www.bondibet.com.
“Marketing Materials” means banners, buttons, text-links, clicks, co-registrations, pop-ups, pop-unders, graphic files and similar online media and any other marketing materials that have been provided or otherwise made available by you in accordance with the provisions of the Agreement. For the avoidance of doubt, in some instances marketing materials will be prepared by us, in which case they will not be defined as Marketing Materials.
“Customer” means an individual without a prior or existing account with BondiBet, who
- is permitted under applicable law to use the services and products offered by BondiBet,
- meets the territory and age requirements to lawfully register an account on the Destination Website and participate in online gambling activity,
- during the term of the Agreement accesses the Destination Website after being directed through your Tracking URL from your Referring Media,
- completes the applicable registration process on the Destination Website and opens a new user account with BondiBet (after the user’s identity and age have been verified (if needed), and such user has been accepted as a customer by BondiBet).
provided other applicable terms, conditions and requirements of this Agreement have also been met.
“Fraud” means, including, but not limited to:
- actions that has resulted or could result in duplicate Customers,
- encouragement of bonus abuse,
- bonus abuse on the part of a Customer,
- actions that involve or lead to, or use of fraudulent information, expired authorizations, non-sufficient funds, bank processing errors, duplicate billing, identity theft or card fraud,
- chargeback or refund initiated by a Customer,
- collusion on the part of a Customer with any third party on the Destination Website(s) or other websites,
- opening of an account with BondiBet in breach of the terms of this Agreement and/or of the agreements with BondiBet, including false accounts for the purpose of generating the Referral Fees,
- offering or providing by you or any third party of any incentives, including without limitation when a Customer is promised or offered any form of compensation or rakeback for visiting the Destination Websites, using BondiBet’s products or services, performing actions, becoming a registered user, etc.,
- creating or using a single link intended to be used by a single user, or register as a Customer or make deposits to any account (directly or indirectly) through your Tracking URLs for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the Referral Fees or to defraud us or BondiBet,
- use of automated crawlers, robots, scripts, automated redirects, spiders, software, scrapers, frames, iframes, scripts, “refreshing” of pages or other mechanical, artificial or fraudulent means to generate Customers,
- use of deceptive methods to encourage a person to click on the link leading to the Destination Website,
- illegal use of third party content with the intent of misappropriation of potential income of another member of the Affiliate Program,
- manipulations with Tracking URLs, including cookie stuffing,
- actions taken in order to alter, redirect or otherwise interfere with the operation or accessibility of the Destination Websites,
- attempts to circumvent any restrictions which have been put in place to prevent users from the restricted territories from signing up as users, or to disguise the geographical location of a Customer, and
- any other act by you or a Customer which is reasonably understood to have been committed in bad faith against us and/or BondiBet regardless of whether or not such action has resulted in any type of harm or damage.
Acceptance of an Affiliate
We will evaluate the Affiliate Membership Form submitted by you online and will inform you whether you are accepted as an affiliate or not.
We reserve the right to refuse any registration in our sole and absolute discretion.
To ensure the timely evaluation of the Affiliate Membership Form by us, you shall furnish us with the following information:
- A list of the Referring Media, including their URLs where applicable;Information on how these Referring Media are being used;
- Information on the quality of the Referring Media and Marketing Materials. including but not limited to information about their content and design;
- Information about your area of focus as an affiliate;
- Your preferred marketing methods;
- Your target markets.
You shall provide us with your banking/payment details, including tax registration details where and when applicable.
Once the requirements are met, you will be notified of our acceptance or rejection of the Affiliate Membership Form.
An insertion order or other written agreements may be entered into between you and us. In the event of conflict between the insertion order and this Agreement, the terms of the insertion order shall prevail.
Participation in the Affiliate Program
You are responsible to guard the security of your Affiliate Program username and password and may not share your login details with any third party. You shall be solely responsible for all activity occurring under your account.
You are not permitted to register for our Affiliate Program more than once.
Any attempt to artificially inflate your Referral Fees will be grounds for immediate termination of this Agreement and withholding of any accrued Referral Fees.
Every customer referred to BondiBet by you is deemed to be BondiBet’s client. BondiBet will be in direct contact with its clients for the purpose of fulfilling the client’s order.
BondiBet reserves the right to refuse service to any potential Customer, to active Customer of its services and to close an account of any customer, at any time, in its sole discretion. All data relating to any potential, active or former customer, including Customers, shall remain the exclusive property of BondiBet and you acquire no right to such information.
You shall refer all questions, requests or queries regarding our services to us.
You do not have the authority to make or accept any offer on our behalf. We are not responsible for any representations or warranties made by you.
You agree that all your costs in connection with your activity under this Agreement shall be borne solely by you and we or BondiBet shall under no circumstances participate in such costs.
You are expressly prohibited from using any persons, means, devices or arrangements to commit Fraud.
Marketing Materials; Referring Media
All Marketing Materials must be pre-approved by us, at our sole discretion.
You shall not modify the approved Marketing Materials (and/or any other marketing materials) in any way without our prior written consent (as may be provided by email).
You may provide a link from the Referring Media to the Destination Websites and earn the Referral Fees as outlined below. You may remove said link from the Referring Media and re-link to the Destination Websites, provided that this Agreement has not been terminated and/or your account with the Affiliate Program has not been suspended, at any time without prior approval.
You will be solely liable for the Marketing Materials and the Referring Media. All Marketing Materials and the Referring Media must be professional, proper and lawful under all applicable laws and otherwise comply with the terms of this Agreement.
You shall not and further you shall not authorize, assist or encourage any third party to:
- Use and/or provide Marketing Materials and/or the Referring Media in any way that may defame us or mislead visitors of the Referring Media, including potential Customers;
- Use and/or provide Marketing Materials and/or the Referring Media that are libelous, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or which are, in our sole discretion, otherwise unsuitable;
- Provide and/or use Marketing Materials and/or the Referring Media which have as their direct or indirect objective the targeting of marketing to any persons who are less than 18 years of age (or such higher age of legal consent as may apply in the jurisdiction that you are targeting);
- Portray children or underage person gambling or be deemed appealing to children or underage person;
- Depict gambling as a way to success or achievement, or as a possibility of making profit;
- Contain exaggerated claims concerning BondiBet or any of its products or services;
- Use and/or provide Marketing Materials and/or the Referring Media that: (i) infringe our and/or any third party’s intellectual property rights; (ii) copy or resemble our and/or any third party’s property in whole or in part; (iii) use any name, image, likeness, or other aspects of an identity of other individual (e.g. photographs or images of individuals) without valid consent, or (iv) disparages us and/or any third party or otherwise damages our and/or any third party’s goodwill or reputation in any way;
- Cause any website (or any parts or pages thereof) to open in a visitor’s browser other than as a result of the visitor clicking on banners or text links contained in or as part of any Marketing Materials and/or the Referring Media;
- Market and/or advertise in territories which are restricted territories, and/or attempt to circumvent any restriction which we have put in place to prevent marketing and/or advertising in restricted territories;
- Make any representations, warranties or other statements concerning us, BondiBet or any of its products or services;
- Provide inaccurate information about BondiBet’s brand, trademarks, goods and services;
- Misleadingly compare BondiBet’s brand, trademarks, goods and services to competitor’s marks, goods and services or create confusion between them;
- Use and/or provide Marketing Materials and/or and/or the Referring Media which use and/or include any virus, Trojan horse or any other kind of malware;
- Display fake errors or warnings to induce user action, including, for instance, warnings about viruses, missing codecs, and corrupt disks;
- Promote any operators which are not licensed under all applicable legislation, on the Destination Website; and
- Be otherwise illegal, violate the rights of any third party or infringe upon any applicable law, including, but not limited to advertising or gambling laws and regulations of the country of our or BondiBet’s location and/or of the countries where your marketing activities under this Agreement take place.
We shall have the right to monitor Marketing Materials and the Referring Media at any time and from time to time to determine if they are in compliance with the terms and conditions of this Agreement and/or applicable law. We shall have the right to request you to modify or stop distributing, in our sole and absolute discretion and with due regard to the protection and preservation of our goodwill and the goodwill of BondiBet, Marketing Materials or any promotional, advertising or marketing item used by you. You shall make all deletions and modifications suggested by us. Once we send you such a request, we will have no obligation to pay you any CPA or revenue share fees associated with the subject matter of our request.
If we determine, in our sole discretion, that you have engaged in any of the activities that contravene any of the provisions of this Agreement, including, but not limited to Fraud, we may (without limiting any other rights or remedies available to us) terminate this Agreement immediately with or without notice and retain for our own account any payment arising as a result of such activities that would otherwise have accrued to your benefit.
If you specify bonus levels and free money offers on the Referring Media, you shall ensure that they are updated regularly to reflect any changes.
You may not put the Destination Websites in frames under any circumstances.
Promoting the Destination Websites, BondiBet and its brands, products and services via unsolicited email is strictly prohibited, and you agree not to reference us and/or the Destination Websites, BondiBet and its brands, products and services in any way, shape, or form, in any email that you send, and which the recipient has not specifically asked to receive. In the case of mailings which are conducted by a third party on your behalf, you assume full responsibility and is advised to perform due diligence to ensure that the mailing list is in fact 100% opt-in. Furthermore, you may not link to the Destination Websites from any URL that is promoted via unsolicited email. You may reference the Destination Websites, BondiBet and its brands, products and services in discussion groups, social networks and message boards as long as this is done in a way that does not violate the terms and conditions of the above-mentioned networks and groups.
You agree that we will have the right to terminate this Agreement and withhold all referral fees due if you are found in violation of this Agreement.
Prohibited Competitive Advertising
It is prohibited under this Agreement and you shall refrain from:
- Keyword advertising with Internet search engines by bidding on keywords referring to BondiBet’s brand names, trademarks and other designations, including but not limited to those spelled in any possible way (including with typos, spaces, signs, symbols, in any other way or in other languages);
- Applying for or registration, including but not limited to trademark or internet domain names, of any of BondiBet’s brand names, trademarks and other designations spelled in any possible way (including with typos, spaces, signs, symbols, in any other way or in other languages), or any domain name, trade or service mark which consists or comprises word or words, logo or their parts similar to BondiBet’s domain names, brand names, trademarks and other designations for any goods or services in any country; and
- Use of any means to promote any of the websites that resemble in any way the design of BondiBet’s websites whether in whole or in part, or use of any such means to create the impression that such websites areBondiBet’s websites (or any part thereof).
Provided you are in compliance with the terms and conditions of the Agreement, you will earn the Referral Fees as described below for all Customers originating from the Referring Media (provided a valid Tracking URL has been utilised) and processed via BondiBet’s online cashier.
We shall make all determinations about qualifying and non-qualifying Customers and activity in our sole discretion.
We retain the right to review all your Referring Media, Marketing Materials, campaigns and actions, as well as Customers for possible Fraud or other noncompliance, whether such Fraud or noncompliance is on the part of Customers or on your part. In any period of time during which such reviews are performed, we shall have the right to withhold any payment accrued in your favour until such time as the review has been concluded, and in the event that we deem that Fraud or other noncompliance has occurred, you shall not be entitled to receive any payments which have accrued to your benefit as a result of such Fraud or other noncompliance.
We will make available to you your Tracking URL(s). You shall not modify Tracking URLs.
We may change, suspend, alter, modify or discontinue any aspect of Tracking URLs provided to you. You agree to promptly comply with any our request to remove, alter or modify Tracking URLs that is being used by you.
You are solely responsible for ensuring that the unique Tracking URL assigned to you by us is used in your advertising, and you agree that we cannot calculate the Referral Fees otherwise.
You are eligible to earn Referral Fees in connection with gambling activity by the Customers referred by you, as further set out herein and in the applicable insertion orders or other written agreements between you and us.
We will only pay in relation to the Customers tracked by our tracking system and associated with you. No payment will be made if a Customer cannot be tracked by our systems.
You understand and agree that we may vary rates or discontinue Referral Fees from time to time, in our sole discretion.
You are only eligible to receive ongoing Referral Fees payments during your participation in the Affiliate Program, and only during the time you continue to refer the Customers in accordance with these Terms. You will no longer receive Referral Fees payments in the event your participation in the Affiliate Program is terminated for any reason.
Revenue Share Arrangement
You will receive Referral Fees based on the Net Revenue actually received from the Customers you have referred according to this Agreement.
Net Revenue is calculated using the following formula:
Net Revenue = Total Deposits – Total Wins – Chargebacks – Administrative fee*.
*Administrative fee is total costs incurred by BondiBet while providing its services and products to the Customers. It includes the fees of payment systems for deposit/withdrawal of funds, as well as commission payments to game suppliers.
The Referral Fee is calculated using the following formula:
0-10 FTD Customers*: 25% of Net Revenue
11-40 FTD Customers: 30% of Net Revenue
41-100 FTD Customers: 35% of Net Revenue
101+ FTD Customers: 45% of Net Revenue
* The FTD Customer means a Customer, who is a first time depositor (FTD), referred by you during the month between the 1st of each month 0:00 am GMT through the last day of each month, 12:00 pm GMT.
Cost Per Acquisition (CPA) Arrangement
If you are entitled to receive a CPA payment under the terms of the applicable insertion order or other written agreements between you and us, you will receive a one-time CPA payment to be established by us at our sole discretion for every Customer you refer who meets the qualifications set out in this Agreement and the applicable insertion order or other written agreements between you and us.
In addition to other qualifying criteria in order to qualify as a Customer a person shall make the required minimum deposit in the account with BondiBet and meet the minimum gambling activity requirement, which is, in each case equal to €/$21, except as may otherwise be agreed by us and you in writing.
Where a chargeback is received against a Customer, or issuance of a credit to a Customer occurs, you will not be eligible to the Referral Fee in relation to that Customer, and any payment previously made to you in respect of such Customer will be deducted from future payments to you.
In the event of a Revenue Share deal chargebacks are deducted from the Net Revenue before calculating the Referral Fee due to you. However, you will be only debited for your share of the chargeback amount. For example, your Revenue Share rate is 30% and we get a $500 chargeback on one of your Customers. In this case only $150 (30% of $500) will be deducted from your Referral Fee for that month.
In the event of a CPA deal, should a Customer chargeback his/her deposit the CPA paid for this Customer will be deducted from the total Referral Fee.
No Negative Balances Carry Over
In the calculation of the Referral Fee where your account balance with us is negative at the end of a calendar month due to the Customer’s winnings or to noncash items, said balance will be set to zero. A negative balance due to Fraud or chargeback costs will be carried over.
In any given month, if a Customer generates a negative Net Revenue of $10,000 or more at any time (in which case, the Customer shall be referred to as a “High-Roller”), and your aggregated Net Revenue in that month (across all referred customers and game types) is negative $2,000 or more, then the negative Net Revenue generated by the High-Roller will be carried forward and offset against future Net Revenue generated by that High-Roller until the negative balance (the “Highrolled Balance”) reaches zero.
The Highrolled Balance carried forward is not set off against other Customers’ Net Revenue, but only against the Net Revenue generated by the High-Roller.
The Highrolled Balance carried forward will not be greater than the total aggregate negative Net Revenue generated by your Customers during that month.
If more than one High-Roller is designated during the same calendar month, the aggregate negative balance carried forward will be split proportionally between them.
The Highrolled Balance of a High-Roller will be reduced by future positive Net Revenue that the High-Roller generates in subsequent months. The Highrolled Balance will not be increased by future negative Net Revenue unless the High-Roller meets the qualifying criteria to be classified as a “High-Roller” during the applicable month.
If you have qualifying High-Rollers on your account, you will be notified at the beginning of the following month.
An online statement of your Customers purchase activity (for Net Revenue deals) or the number of referred Customers (for CPA deals) will be available to you during the term of this Agreement.
All Referral Fee payments are made through the following methods: Neteller, Skrill or bank wire transfer. We will send payment in Euro only for the applicable Referral Fees on or before the 20th day of each calendar month for the previous month’s Referral Fees, as long as the amount due to you is more than or equal to EUR50 Web Wallet – EUR500 for a bank wire. If the amount due to you is less than the minimum required per method the amount will be carried forward to the next month.
Your name on account with us must match the name on the payment method. In the event that the names do not match the payment will not be made.
We do not charge payment fee, although the payment provider or the bank may charge a fee. Therefore, it is your sole responsibility to verify the fee in respect of your payment method.
Returns And Cancellations
If a Customer cancels his/her purchase or deposit, if Fraud or other prohibited activity has been detected or if we have to issue a refund to the Customer for any reason, the corresponding amount of the Referral Fee will be deducted from your next monthly Referral Fee payment. If the said Referral Fee amount is higher than the amount due to you, the negative difference will be carried over to the next month or any following month until such time as the amount has been cleared for the balance. If the Agreement is terminated the amount shall be reimbursed by you.
Referral Fee overpayments may be deducted from future payments or shall be reimbursed by you.
Without prejudice to any other rights or remedies available to us under this Agreement or otherwise, we shall be entitled to set off any payments otherwise payable by us to you hereunder, against any liability of you to us, including (but not limited to) any claims we have against you resulting from or arising from, your breach of this Agreement and/or in relation to our provision of the Affiliate Program.
The Referral Fees are exclusive of any taxes, levies and/or charges (including, but not limited to, VAT) and are to be received net of taxes, levies and/or charges.
You are responsible for any applicable taxes, duties that may occur regarding the Referral Fees. We may report and withhold any such amount from your balance in order to comply with any applicable law.
We may conduct a security review at any time to validate your identity, age and other registration or payment information provided by you, to check your use of the Affiliate Program, your compliance with this Agreement.
You authorize us to make any inquiries about you and to use and disclose to any third party any information about you to validate it.
You agree to provide any additional information or documentation as we may request from you in order to conduct the security review.
We may withhold any accrued Referral Fees until the verification process is completed to our satisfaction.
We and our suppliers reserve all rights under intellectual property law in the Affiliate Program and the websites it is located on and in any content of the Affiliate Program and that is on its websites.
You may not reproduce, reprint, publish, or otherwise exploit our or our supplier’s content or technology without our express prior written consent.
We grant you the limited right to use BondiBet’s name during the term of this Agreement in acceptable marketing materials in accordance with this Agreement and any applicable law, but we are not responsible for your misuse of any copyrighted, trademarked or proprietary material.
Any marketing materials and creatives provided by us are solely owned by us; we own all intellectual property rights in such marketing materials, and you gain no ownership or any other right in such marketing materials.
References and Testimonials
You agree to cooperate with us in the development of press releases, testimonies, and other such marketing materials. You grant us unlimited rights to reference you in any and all marketing materials, without further compensation.
You shall keep confidential and shall not disclose to any third party any and all proprietary information or confidential information disclosed to you by us, and/or relating to our business, processes, practices, products, customers, accounts, finance or contractual arrangements or trade secrets, and any information concerning your participation in the Affiliate Program or the substance of any Referral Fees or amounts in relation to the Affiliate Program (“Confidential Information”), and shall use such Confidential Information solely for the performance of your obligations under this Agreement. If you become aware of any breach of confidence by any of your employees, agents, or subcontractors you shall promptly notify us and give us all reasonable assistance in connection with any proceedings, which we may institute against any such persons. You further agree to keep confidential and not to disclose to any third party, any of the terms and conditions of this Agreement and any insertion order or other written agreements between you and us.
The obligations in this Section shall not apply to information that is in the public domain or which becomes part of the public domain through no fault of yours, or to any information that is required to be disclosed by law. You may disclose Confidential Information that has been approved in advance in writing by us for disclosure.
No press release in respect of the execution of this Agreement or any matters arising therefrom may be released by you without our express written approval.
Disclaimer of Warranty
The Affiliate Program and our services under this Agreement are provided “as is”. We and our suppliers disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of your use of our services, your participation in the Affiliate Program, and out of use or performance of the Affiliate Program, remains with you. We and our suppliers do not make any representations regarding the results of the use of our services and your participation in the Affiliate Program.
Limitation of Liability
We will make reasonable effort to ensure that the Affiliate Program is operational, and to track your Customers. However, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. You agree that we are not liable in any way for such interruptions.
You may not assert claims for money damages arising from this Agreement. We, BondiBet and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
You agree to indemnify, hold harmless, and at our request, to defend us, BondiBet, our suppliers, shareholders, directors, officers, employees, consultants and agents from any and all costs, damages and reasonable attorneys’ fees resulting from any breach of this Agreement or any allegation or claim that your participation in the Affiliate Program has violated any right of any third party or violated any law.
Term and Termination
We have the right to terminate this Agreement at any time, either due to breach of its terms or otherwise, by notifying you through email or via other electronic means of communication.
We reserve the right to terminate and discontinue the Affiliate Program (in whole or in part).
You may terminate the Agreement at any time by notifying us through email.
Effect of Termination
You will immediately cease use of, and remove from the Referring Media and any other sources and media all Tracking URLs, Marketing Materials and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licenses or created by BondiBet or us and/or provided by us to you pursuant to this Agreement.
Unless the Agreement has not been terminated due to breach of its terms, the final Referral Fee payment to you will be made within a reasonable period of time (to ensure that the correct amount is paid).
If the Agreement has been terminated because of breach of its terms by you, you will automatically forfeit any Referral Fees then receivable or receivable in the future.
Governing Law; Jurisdiction
This Agreement is subject to the law of the Republic of Cyprus. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
You agree that the exclusive jurisdiction and venue for any claim or dispute relating to or arising out of this Agreement or its subject matter will be in the state courts located in the Republic of Cyprus, and you consent to the personal jurisdiction in such courts.
You are an independent contractor, and nothing in this Agreement shall create any form of partnership, joint venture, franchise, agency, or employment relationship between you and us. You will not be treated as our employee.
Agreement Modification and Application
We may, in good faith, modify any of the terms and conditions contained in this Agreement (including, but not limited to, the Referral Fee amounts and rates), at any time and in our sole discretion, by posting a change notice or a new agreement in this website and/or by informing you through email or via the Affiliate Program.
If any modification to this Agreement is not acceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following the said posting of a change notice or new agreement shall constitute binding acceptance by you of the change.
You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at our sole discretion. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You acknowledge that you have reviewed this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.
Severability and Integration
This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements or understandings for all properties we promote.
If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.