bettogoal’s and Income Access’ partner network
In order to apply for our affiliate program, it is necessary to accept these terms and conditions. If you do not agree with the terms and conditions, do not continue with the application process. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, included but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, religion, nationality, disability, sexual orientation, or age, promote illegal activities ot violate intellectual property rights.
Please note, that bettogoal´s service will be brought to you by Income Access via hyperlink to direct visitors from the Income Access website to the bettgogoal site.
Please note, that the term “we” and “us” refer to Income Access and bettogoal and the “you“ refer to the other party to the contract by the acceptance of these terms and conditions.
Should you have any questions regarding our affiliate program, please contact firstname.lastname@example.org for further information.
1.1 This document (the “Agreement”) outlines the terms and conditions agreed between us – bettogoal (herein referred to as „bettogoal”, „we” „us” or „our”) – and you (herein referred to as „you”, „your” or „affiliate”), with respect to your application to join our affiliate program and to promote the www.bettogoal.com website and our services.
1.2 bettogoal reserves the right to update or modify this agreement by notice via message to your email address, 5 days prior to any changes being implemented and presented online at the site within the section “affiliate terms and conditions”. Should you not agree with the changes, you are required to terminate this agreement in accordance with the terms within this agreement. Details of any changes to the terms and conditions will be published in clause 19 within this agreement available in an updated version on www.affiliate4us.com. If you continue to participate in our affiliate program after changes to the agreement have been posted, this will be considered as your binding acceptance of such changes.
1.3 In order to join our affiliate program, you are required to accept our terms and conditions as well as to submit a completed online application form. bettogoal determines at its sole discretion whether or not to accept your application for our affiliate program. Our decision is final, and no appeal will be granted. Once we have reached a decision with regard to your application, we will notify you by email informing you whether you have been accepted as our affiliate or not. Upon a successful application, you will be bound by the terms and conditions set out in this agreement when marketing/promoting the bettogoal website and services. Upon acceptance of your application, bettogoal will send you further information via email.
2. DELIVERY AND DISPLAY OF BANNERS. COPY AND PROMOTIONAL MATERIAL
You will have access through Income Access’ site to a variety of graphic and textual links (each of these links sometimes being referred to herein as “links” or a “link”).
Income Access and bettogoal hereby grants to you the non exclusive, non transferable, non assignable rights, during the term of this agreement, tu use – which shall include the right to copy, transmit, distribute, display and perform privately and publicly:
Income Access and bettogoal´s banners, name, site name, and other related graphic and textual material made available by Income Access and/ or bettogoal to your website/websites for the express purpose of inclusion on your website/websites from time to time and for the specific purposes mentioned above. Income Access and bettogoal authorize you to advertise and promote the respective promotional material.
The copywriting of promotions may not be modified or misrepresented by you.
Income Access and bettogoal also authorizes you to refer in your advertisings and promotions to the fact, that Income Access and bettogoal´s sites are accessible through your site, provided that any such statement:
- does not include any trademarks, service marks, design marks, symbols and/or any indications of origin of Income Access or bettogoal other than Income Access or bettogoal´s site name and/or site names in a non distinctive typeface (specially, not the typeface used in the logo design of any of Income Access´or bettogoal´s marks).
- does not state, suggest or imply by the wording or prominence of such statement or otherwise, that bettogoal sponsors, authorizes and /or is the source of origin of your site; and
- does not disparage Income Access ot bettogoal, it´s products. Services, or members. All use of Income Access and bettogoal´s materials hereunder shall inure to the benefit of bettogoal and shall not create any rights, title or interest in them of you.
No other use of the Income Access or bettogoal´s name, trademarks, service marks, design marks, symbols and/or other indications of origin or other designations confusingly to any of the foregoing may be made by you for any purpose without the prior written approval of Income Access and bettogoal.
- As between bettogoal and you, bettogoal owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to bettogoal´s materials and all names, trademarks, service marks, design marks, symbols and/or other indications of origin therein throughout the world and in perpetuity, subject to the permission granted in this agreement.
- You agree to fully cooperate with us in order to establish and maintain the links between your site and the Income Access or the bettogoal site. The maintenance and updating of your site will be your responsibility. The graphics and/or text associated with the link to the Income Access site or the bettogoal site will be updated periodically and it will be necessary for you to update the content of your site accordingly on a regular basis. Please be aware that we have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement and to notify you of any changes that we feel should be made.
Unless a specific context determines otherwise, in this Agreement:
- “Confidential Information” means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.
- “Net Generated Revenues (NGR)” means the sum of bettogoal’s net revenue generated by all your referrals in the space of a calendar month.
- The NGR is calculated on a monthly basis and is defined as the monthly Gross Revenue less costs, which includes but is not limited to: taxes, betting duties, profits, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, “loyalty rewards”, rakeback, cashbacks and charge backs.
- “Intellectual Property Rights” means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
- “Referred Customers” means customers who have no prior account with our website and have signed up for an account with us with your affiliate tracking code attached.
- “New Depositing Player” means a new customer / player who has made a first minimum deposit with bettogoal where this latter is used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with bettogoal within the framework of the business. The customer registration and the first deposit do not have to be simultaneous.
- “Revenue Share” means the percentage the affiliate will earn from the Net Generated Revenues created by his referred customers.
- “Your Website” means the website which you notify to us on the affiliate sign-up form.
4.1 The links provided to you by bettogoal should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the links without bettogoal’s prior written consent.
4.2 You shall ensure that you do not place any links on pages of your website aimed at persons under the age of 18 years.
4.3 In the event that you wish to place the links on websites other than your website, you must first obtain the written consent of bettogoal.
4.4 If we discover that your use of any link is not in compliance with the terms of this agreement, we are entitled to take such measures as to render inoperative the links used by you and to immediately terminate this agreement without noticing you (see 13.2).
5. REVENUE SHARE AND NET GENERATED REVENUE CALCULATIONS
5.1. Your revenue share (NGR) is calculated according to the following structure and will be granted for a lifetime period:
|Net revenue||Revenue share|
|min – max|
|1-25 new depositing player||25%|
|101 – 300 new
The Revenue Share model stipulated in 5.1 always applies for the Casino and Sports Betting products.
5.2 Net Generated Revenue is calculated as defined in a clause 3 section 3 and 4.
We reserve the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of Revenue Share as we wish in accordance with clause 1.2.
6. FORBIDDEN PRACTICES
6.1 You may in no way offer additional rewards of any kind to your referred customers without prior written consent from bettogoal. If bettogoal deems you to be in breach of this condition, bettogoal may terminate your affiliate agreement and stop paying you any further Revenue Share from your Referred Customers (see Term 13.2).
6.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling), may under any circumstance receive any Revenue Share on your own or direct relatives’ customer account.
6.3 You are forbidden to modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the bettogoal site.
6.4 You are forbidden to attempt to artificially increase monies payable to you by bettogoal.
6.5 You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
Please note, that on 25.th.05.2018, the new data protection rules (EU _DSCV) came into force in the whole EU.
6.6 When advertising, you shall abide by the rules for gambling advertising as defined by the Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority. You will ensure that marketing communication, particularly in relation to free bet and bonus offers, does not involve misleading actions or misleading omissions. Marketing communication that includes a promotion must provide information about significant conditions where practicable within the advert itself, and with sufficient prominence. Where the advert is genuinely limited by space (banner advertisement), significant conditions must be displayed no further than one click away from the advert itself. Examples of free bet or bonus offers which may not comply with legislation include: the promotion does not provide supporting information on the terms and conditions of the offer or provides it with insufficient prominence – for example only visible once scrolled down; when clicked, advertising banners take a customer directly to the join or login section of the website, without providing terms and conditions of the offer; significant information may only be available ‘below the fold’ on a web page or email and a customer may only be aware that terms and conditions apply if they actively scroll to the end of a webpage or similar. The above-mentioned requirements are applicable to all forms of marketing communication, including social media and other forms of advertising such as newspapers. We reserve the right to terminate the Agreement if, in our reasonable opinion, you have breached the gambling advertising rules as defined by Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority.
7. BETTOGOAL OBLIGATIONS
7.1 bettogoal shall supply you with the links for inclusion on your website and may update such links from time to time.
7.2 bettogoal shall use its best endeavors to ensure that, whenever a referred customer signs up with bettogoal through your affiliate link with your tracking code attached, the relevant customer is identified as originating from your website. However, bettogoal shall not be liable to you in any way if bettogoal is unable to identify a customer as originating from your website.
8. COMMUNICATION WITH YOU
By signing up to Income Access and bettogoal you agree to receive a variety of material from Income Access and bettogoal. If you choose to opt out of our communications, Income Access and bettogoal will not be responsible for any damages that may occur.
9. SPAM – WE DO NOT CONDONE SPAM
9.1 Any form of spam will result in your account being closed and all funds due being withheld.
9.2 You need to be aware that bettogoal is liable to incur expences in dealing with spam generated mail these same expenses will be deducted from your account should bettogoal seek recourse. In this instance the amount determined by bettogoal will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by yourself as fair and reasonable and as agreed to by registration as an affiliate of Incom Access and bettogoal. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim you for unpaid amounts.
10.1 You will receive affiliate payments directly to your bettogoal affiliate account.
10.2 Payment is made on/or after the 15th of every calendar month.
10.3 The minimum sum for a monthly payment is €10. If a Revenue Share does not exceed €10, bettogoal shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds €10, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than € 10 in any given month.
10.4 If an Affiliate’s Revenue Share for a particular calendar month is negative, such negative amounts shall not be carried forward to the subsequent month(s).
10.5 bettogoal shall provide you with statements accessible through your personal affiliate page via www.affiliate4us.com detailing the Referred/new depositing Customers and your share of Net Generated Revenues.
11. INTELLECTUAL PROPERTY
11.1 bettogoal grants you a non-exclusive and worldwide license to display the bettogoal brand features and related content during the Term solely for the purposes of the display of the links by you on your website as set out in this agreement and in accordance with the guidelines of bettogoal as may be provided to you from time to time. All intellectual property rights and any goodwill (arising in the links and in all betting products, associated systems and software related to the services provided by bettogoal to its customers from time to time) shall remain the property of bettogoal. You are not permitted to alter or modify in any way the bettogoal content without the express prior written consent of bettogoal.
11.2 You agree that your website shall not resemble in any way the look and/or feel of the bettogoal site, and that you will not create the impression that your website is the bettogoal site (or any part of it).
12.1 Each party in this agreement represents and warrants to the other that it has (and will retain throughout the term) all the rights, titles and authorities to enter into this agreement, to grant to the other party the rights and licenses stated in this agreement and to perform all of its obligations under this agreement.
12.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this agreement.
We make no representation that the operation of the bettogoal site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You (as the “Indemnifying Party”) shall indemnify on demand and hold harmless bettogoal and each of bettogoal’s associates, officers, directors, employees, agents, shareholders and partners (the “Indemnified Party”) from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non-performance or non-observance by the Indemnifying Party of any of the obligations or warranties contained in this Agreement.
15. EXCLUSION OF LIABILITY
15.1 Nothing in this clause 12.1 shall limit bettogoal’s liability for death or personal injury resulting from bettogoal’s negligence or for fraud.
15.2 bettogoal shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.
15.3 The liability of bettogoal shall not, in any event, exceed the sum of the total monies paid by bettogoal to you over the 6-month period preceding the date on which such liability accrued.
16. GOOD FAITH
You will not knowingly benefit from known or suspected traffic not generated using accepted internet marketing practices whether or not it couses Income Access or bettogoal´s harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to bettogoal´s site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge.
17.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice.
17.2 If you are in material breach of your obligations within this agreement, bettogoal may bring the contract to an end with immediate effect; and cease to pay you any further Revenue Share on you Referred Customers, by written notice to you.
18. GENERAL TERMS
18.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties related to the subject of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
18.2 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
18.3 Any notice given or made under this Agreement to bettogoal shall be by email to the relevant email at email@example.com. bettogoal shall send you any notices given or made under this Agreement to the email address supplied on your application form or other email address as notified by you to bettogoal.
18.4 Nothing in this Agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
18.5 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of Curacao. Each party irrevocably submits to the exclusive jurisdiction of Curacao courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
18.6 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
18.7 You agree to operate a single site with bettogoal. If we should discove, that you are operating more than one account, this agreement shall terminate and bettogoal and Income Access will forfeit all rights to commissions and referral bonuses. Several Sites may be registrated to the one account; however, the placement of any banner on a new site, under the Income Access program of bettogoal must be reported by you and cleared by the Income Access support team beforehand, and failure to do so may result in the termination of your account.
18.8 It is your responsibility to declare taxes from your profits according to your country regulations. It is bettogoals responsibility to pay you and Income Access not be held responsible for the actions of bettogoal in regards to tha payments to you.
19. CHANGES TO THIS AGREEMENT
Currently no changes.
Cyprus, the 19.05.2020