OlyBet Affiliates Terms & Conditions
Please read these Affiliate Terms carefully before applying to become an Affiliate, as they set out our and your legal rights and obligations in relation to our Affiliate Program. You will be asked to agree to these Affiliate Terms before becoming an Affiliate. If you have any questions or comments about the OlyBet Affiliates program, please contact us by writing to our Affiliate Team at firstname.lastname@example.org.
OlyBet Affiliates Terms &
Please read these Affiliate Terms carefully before applying to become an
Affiliate, as they set out our and your legal rights and obligations in
relation to our Affiliate Program. You will be asked to agree to these
Affiliate Terms before becoming an Affiliate. If you have any questions or
comments about the OlyBet Affiliates program, please contact us by writing to
our Affiliate Team at email@example.com.
1.1 In the Agreement:
"Acceptance Email"?means an email sent by the Company to an Affiliate in
accordance with Clause 2.3 confirming that the applicant has been accepted into
the Affiliate Program;
"Affiliate"?means the person
(natural or legal) specified as the applicant for our Affiliate Program on the
"Affiliate Program"?means the
Company?s website affiliate Program for OlyBet gaming site;
"Affiliate Website"?means the
website or websites owned and operated by the Affiliate and specified on the
"Agreement"?means the agreement
between the Company and the Affiliate incorporating these Affiliate Terms, the
Registration Form and the Acceptance Email, and any amendments to it from time
"Company"?means OlyBet, which
operates in partnership and as part of the Income Access Network.
"Effective Date"?means the
date the Agreement comes into force as specified in Clause 2;
"Force Majeure Event"?means an
event, or a series of related events, that is outside the reasonable control of
the Party affected (including failures of or problems with the internet or a
part of the internet, hacker attacks, virus or other malicious software
infections or attacks, power failures, industrial disputes affecting any third
Party, changes to the law, disasters, explosions, fires, floods, riots, terrorist
attacks and wars);
"Intellectual Property Rights"?means all intellectual property rights wherever in the world, whether
registered or unregistered, including any application or right of application
for such rights (and the ?intellectual property rights? referred to above
include copyright and related rights, moral rights, database rights,
confidential information, trade secrets, know-how, business names, trade names,
domain names, trademarks, service marks, passing off rights, unfair competition
rights, patents, petty patents, utility models, semi-conductor topography
rights and rights in designs);
"Leads"?the tracked persons
using the OlyBet Website as a result of promotion by the Affiliate;
"Link"?means a hyperlink
(whether embedded in text or an image or otherwise) from the Affiliate Website
to the OlyBet Website in the form, of the design, and in a position on the
Affiliate Website specified on the OlyBet Website
"Parties"?means the Affiliate
and the Company. The Affiliate and the Company may be referred to individually
as a ?Party? or collectively as the ?Parties?.
"Payments"?means payments of a
bounty payment for every new registration that deposits and places at least one
wager or on your prior written election a % of Net Gaming Revenue. This method
of payment will be confirmed in the acceptance email which will be sent by the
Company to the Affiliate in respect of each Payment Trigger during the Term
(subject to the provisions of the Agreement);
"Net Gaming Revenue"?shall be
defined as the total amount wagered by the Leads less total amount won in the
period after the deduction of all taxes and duties (or its equivalent or
replacement, at the then prevailing rate), and other disbursements
Net revenue calculation formula: Net Revenue = [(Poker rakes amount + Poker
tournament fees amount ? Poker redeemed loyalty points and bonuses amount) *
Poker weight] + [(Casino bets amount ? Casino wins amount ? Casino redeemed
bonuses and loyalty points amount) * Casino weight] + [(Sportsbetting bets
amount ? Sportsbetting wins amount ? Sportsbetting redeemed loyalty points and
bonuses amount) * Sportsbetting weight] ? Taxes ? Banking fees ? Campaign
wagering by on the OlyBet Website made by a user who [first] visited the OlyBet
Website by means of a Link and who made such wager within 30 days of the date
of that first visit;
"Prohibited Materials? means
content, works or other materials that the Company determines (acting
(a) indecent, obscene, pornographic or lewd material;
(b) material that breaches any applicable laws, regulations or legally binding
(c) material that infringes any third party intellectual property rights or
(d) material that is offensive or abusive, or is likely to cause annoyance,
inconvenience or anxiety to another internet user;
(e) computer viruses, spyware, Trojan horses or other malicious or harmful
routines, programs or software; and/or
(f) spam or bulk unsolicited email.
"Registration Form"?means the
HTML form on the OlyBet Website enabling users to apply to become Affiliates;
"Term"?means the term of the
Agreement; and ?OlyBet Website? means the website accessible via the URL
1.2 In the Agreement, a reference to a statute or statutory provision includes
a reference to: (a) that statute or statutory provision as modified,
consolidated and/or re-enacted from time to time; and (b) any subordinate
legislation made under that statute or statutory provision.
1.3 The Clause headings do not affect the interpretation of the Agreement.
2.1 In order to apply to
become an Affiliate, the applicant must complete and submit the Registration
Form or accept these terms and conditions during the registration process.
2.2 If the applicant makes any input errors during the order process, these may
be identified and corrected by the applicant before the Registration Form is
2.3 The Agreement will come into force if and when the Company sends to the
Affiliate the Acceptance Email, following the submission of a completed
Registration Form by the Affiliate.
2.4 The Agreement will continue in force indefinitely, unless and until
terminated in accordance with Clause 11.
3.1 The Affiliate will within
7 days following the Effective Date include one or more Links on the Affiliate
Website, and will maintain those Links on the Affiliate Website during the
3.2 The Company may from time to time during the Term request amendments to the
Links and/or the Affiliate Website for the purpose of ensuring consistency and
quality in the use of the Company?s trademarks and branding, and to the extent
that such requests are reasonable the Affiliate will make such amendments
within 7 days of the request.
4.1 The Affiliate will provide
the Company with:
(a) such co-operation as is required by the Company (acting reasonably) in
connection with the Affiliate Program; and
(b) all information and documents required by the Company (acting reasonably)
in connection with the Affiliate Program.
4.2 The Affiliate must:
(a) keep the Affiliate Website up-to-date and in good working order;
(b) ensure that the quality of design, content and functionality on the
Affiliate Website does not materially deteriorate during the Term;
(c) ensure all marketing of or relating to the Affiliate Website (both online
and offline) is in accordance with applicable law, any applicable codes of
practice, and good industry practice generally.
4.3 The Affiliate must not:
(a) include any Prohibited Materials on the Affiliate Website, or include any
hyperlink to any Prohibited Materials on the Affiliate Website;
(b) market the Affiliate Website using spam or unsolicited emails or other
unsolicited communications, or using any form of spyware, parasite ware, adware
or similar software, or using any other antisocial or deceptive methods;
(c) increase or seek to increase the number of Payment Trigger events using any
fraudulent or deceptive method;
(d) make any public disclosure relating to the Agreement (including press
releases, public announcements and marketing materials) without the prior
written consent of the Company;
(e) include any hyperlink to the OlyBet Website from the Affiliate Website that
is not a Link; or
(f) include any reference to the Company or the OlyBet Website on the Affiliate
Website which may be deemed as negative;
(g) make any SEO under the name of OlyBet Affiliates or directly with brands as
OlyBet, Olympic Casino to gain higher position in SEO wise than original
brands. For example to optimize wordings as ?Olybet bonus? ?casino olybet?
?olybet sportsbetting? etc; or
(h) try to buy any webpage addresses that have OlyBet Affiliates brand names in
it because all official brand related rights belong to OB Holding 1 O?
4.4 The Affiliate will not take any action in connection with the Affiliate
Program which might reasonably be expected to lead to the possibility of damage
to the reputation and goodwill of the Company and/or the OlyBet Website.
4.5 Affiliate may not modify, impair, disable or otherwise interfere with any
tracking codes and/or other technology required by Income Access in order to
ensure proper tracking.
4.6 Affiliates must not ?spam? and/or use unsolicited email. If the Company
reasonably believes that an Affiliate is knowingly sending spam and/or
unsolicited email, the Company, may, in its sole discretion, immediately
terminate such Affiliate?s participation in the Affiliate Program.
4.7 Each Affiliate is responsible for the quality and origin of the traffic
that it provides to the Company?s Website. If an Affiliate knowingly sends
traffic of a questionable quality and/or origin to the Company, the Company
may, in its sole discretion, immediately terminate such Affiliate?s
Participation in the Affiliate Program.
4.8 If an Affiliate accidentally or unknowingly directs traffic of a
questionable quality and/or origin to the Company?s Website, the Company may
issue a written warning to Affiliate, notifying the Affiliate of the
questionable traffic. If, after three (3) written warnings, the Affiliate still
directs traffic of a questionable quality and/or origin to the Company?s
Website, the Company may, in its sole discretion, immediately terminate such
Affiliate?s participation in the Affiliate Program.
4.9 If the Affiliate directs to the Company a player who is already a landbased
VIP Gold/Platinum tier loyalty member of Olympic Casino then the Company may,
in its sole discretion, move this player under the Company.
4.10 If the traffic directed by the Affiliate generates minus Net revenue for 3
months in a row then a Company may, in its sole discretion, immediately change
revenue share commission structure from No Negative Carry Over to Negative
4.11 Affiliates are not permitted to copy any other affiliate?s website. The
Company reserves the right to suspend and/or terminate an Affiliate?s
participation in the Affiliate Program if they are found to have copied another
4.12 Affiliates will comply with all applicable legislation and/or regulations
4.13 Affiliates shall not in any offer, promotion or advertising use phrases
such as ?the best rakeback deal on the Poker Network? or ?the best Loyalty
Program and Loyalty Shop on the Poker Network?, or any equivalent or like terms
or phrases which have the same implied or intended meaning. Affiliates shall
not directly or indirectly provide or offer to provide Rakeback to Players and
any and all Rakeback payments must be made by a Operator.
4.14?The accounts on which the user has not carried out any operation for
at least six months (so-called Dormant account) will not be counted for the
purpose of calculating the accrued remuneration.
5.1 The Company grants to the
Affiliate during Term a worldwide, non-exclusive, royalty-free license to
reproduce electronically and publish on the Affiliate Website only the Links.
5.2 The Company does not warrant that the use of the Links by the Affiliate
will not infringe any third party Intellectual Property Rights or give rise to
any other liability on the Affiliate.
6.1 In respect of each Payment
Trigger which can be verified by the Company (acting reasonably) the Company
will make a Payment to the Affiliate.
6.2 The Company will account to the Affiliate for all Payments due in respect
of a calendar month within 30 days of the end of the following calendar month,
unless the amount due is less than 100.00 ?, in which case the Payments may be
held over to the next payment date.
6.3 All Payments stated in or in relation to the Agreement are stated inclusive
of VAT where relevant, and the Affiliate is solely responsible for paying VAT.
6.4 If the Company is required by law to deduct withholding tax or any other
taxes or duties from any Payments, then the Company will deduct such amounts
from the Payments before paying them to the Affiliate.
6.5 Payments to the Affiliate will be made in Euros by bank transfer or using
other e-wallet option which is listed on the OlyBet Affiliates webpage (using
such payment details as are provided by the Affiliate on the Registration
6.6 If the Company does not pay any amount properly due to the Affiliate under
or in connection with the Agreement, the Affiliate may charge the Company
simple interest on the overdue amount at the rate of 4% per year above the base
rate of HSBC Bank Plc from time to time.
6.7 No Payments will be due in respect of:
(a) any wagers on the OlyBet Website made by or on behalf of:
(i) the Affiliate;
(ii) any parent undertaking or subsidiary of the Affiliate;
(iii) any employee, agent or officer of the Affiliate or any parent undertaking
or subsidiary of the Affiliate;
(iv) by any natural person related any of the above;
(b) any amount received by the Company by means of the fraudulent or unlawful
use of a credit, debit or other payment card, or by any other fraudulent or
(c) any purchases on the OlyBet Website which are subsequently cancelled,
refunded, reversed, or charged-back (and the Company will be entitled to
require repayment of Payments made as a result of such purchases).
6.8 Both before and after termination, the Company will be entitled to set off
any amount owed to the Affiliate against any amount the Affiliate owes to the
Company whether under the Agreement or otherwise, and against any loss or
damage suffered by the Company whether in relation to the Agreement or
otherwise arising out of the Affiliate?s acts or comissions.
6.9 Operator shall pay the Affiliate Affiliate Revenue as specified below. The
Affiliate Revenue share percentage is calculated every month based on the
number of monthly affiliated New Customers in Operator software. New Customers
shall mean customers who do not yet have, and have not had an account in
Operator?s software, who sign up using Affiliate code in registration form and
make at least one real money transfer into their gaming account.
0-4 players = 20%
5-20 players = 25%
20-40 players = 30%
40+ players = 35%
6.10 The Affiliate Revenue is calculated as a percentage share of the
Operator?s Net Revenue generated from all the customers referred by the certain
6.11 The Net Revenue calculation formula is following:?Net Revenue = [(Poker
rakes amount + Poker tournament fees amount ? Poker redeemed loyalty points and
bonuses amount) * Poker weight] + [(Casino bets amount ? Casino wins amount ?
Casino redeemed bonuses and loyalty points amount) * Casino weight] +
[(Sportsbetting bets amount ? Sportsbetting wins amount ? Sportsbetting
redeemed loyalty points and bonuses amount) * Sportsbetting weight] ? Taxes ?
Banking fees ? Campaign prizes
6.12 Payment of commissions are made only to bank account or e-wallet account
Affiliate has provided on registration form. Operator shall have a right to
request mistakenly overpaid amounts to be refunded or deduct them from
outstanding payment obligations.
6.13 The Affiliate revenue share is inclusive of any and all taxes, including
but not limited to value added tax. The Affiliate is solely responsible for the
payment of any and all taxes, fees, charges and any other money payable or due
both locally and abroad to any tax authority and/ or any other authority as a
result of the revenue generated under this Agreement.
6.14 The Operator has the right to withhold any and/or all payments to the
Affiliate if the Affiliate is in breach of any of the provisions of this
6.15 Any commissions paid to the Affiliate by the Company hereunder shall
represent the Affiliate?s sole remuneration for its activities under the
Agreement. Hence except as otherwise expressly agreed in writing, all expenses
incurred by the Affiliate when carrying out the rights and obligations under
this Agreement shall be deemed to be covered by the commission provided for in
this Agreement. The Affiliate is responsible for all obligations and costs in
connection with the performance of this Agreement.
6.16 The affiliate commissions in one month are connected so total commissions
will be summed up and calculated depending on the deal specifics.
6.17 The Affiliate confirms that the promotional services will be rendered
outside of the territory of the Republic of Estonia.
7.1 Each Party warrants to the
(a) that it has the legal right and authority to enter into and perform its
obligations under the Agreement; and
(b) that it will perform its obligations under the Agreement with reasonable
care and skill.7.2 All of the Parties? liabilities and obligations in respect
of the subject matter of the Agreement are expressly set out in the terms of
the Agreement. To the maximum extent permitted by applicable law, no other
terms concerning the subject matter of the Agreement will be implied into the
Agreement or any related contract.
The Affiliate will indemnify
and keep indemnified the Company, and the Company?s officers, employees,
representatives, agents and subcontractors, against all damages, losses and
expenses (including legal expenses) arising as a result of any breach by the
Affiliate of any term of the Agreement.
9.1 Nothing in the Agreement
will exclude or limit the liability of either Party for:
(a) death or personal injury caused by that Party?s negligence;
(b) fraud or fraudulent misrepresentation on the part of that Party; or
(c) any other liability which may not be excluded or limited under applicable
9.2 Subject to Clause 9.1, the Company?s liability to the Affiliate under or in
connection with the Agreement or any collateral contract, whether in contract
or tort (including negligence), will be limited as follows:
(a) the Company will not be liable for any:
(i) loss of profits, income or anticipated savings,
(ii) loss or corruption of any data, database or software,
(iii) reputational damage or damage to goodwill;
(iv) loss of any commercial opportunity, or
(v) indirect, special or consequential loss or damage;
(b) the Company will not be liable for any losses arising out of a Force
(c) the Company?s liability in any calendar year will in no circumstances
exceed the total amount paid (or, if greater, payable) by the Affiliate to the
Company under the Agreement during that calendar year; and
(d) the Company?s aggregate liability will in no circumstances exceed the total
amount paid (or, if greater, payable) by the Affiliate to the Company under the
10.Force Majeure Events
10.1 Where a Force Majeure
event gives rise to a failure or delay in either Party performing its
obligations under this Agreement, those obligations will be suspended for the
duration of the Force Majeure event.
10.2 A Party who becomes aware of a Force Majeure event which gives rise to, or
which is likely to give rise to, any failure or delay in performing its
obligations under this Agreement, will promptly notify the other.
10.3 The affected Party will take reasonable steps to mitigate the effects of
the Force Majeure event.
11.1 Either Party may
terminate the Agreement forthwith at any time by giving written notice to the other
11.2 The Company may terminate the Agreement immediately (with or without
giving written notice to the Affiliate) if the Affiliate:
(a) commits any breach of any term of the Agreement;
(b) becomes insolvent or enters into any insolvency process or procedure; or
(c) (where the Affiliate is an individual) the Affiliate dies, or as a result
of illness or incapacity becomes incapable of managing his or her own affairs,
or is the subject of a bankruptcy petition or order.
11.3 If an Affiliate does not generate any successful and verified
registrations for the Company for greater than a six (6) month period, the
Company may terminate this Agreement with or without notice to Affiliate and
have full authority to move affiliated players under the Company.
11.4 . If the new clients brought in by affiliate are winning poker and/or
sports betting players, also known as ?sharks?, then Operator has the right to
reduce Affiliate poker revenue share weight down to 50%. If the new clients
bought in by the Affiliate are mostly ?sharks? with a very few regular or
losing players then Operator has the right to reduce Affiliate poker and/or
sports betting revenue share weight down to 0%.
12.Effects of termination
12.1 Upon termination all the
provisions of the Agreement will cease to have effect, save that the following
provisions of the Agreement will survive and continue to have effect (in
accordance with their terms or otherwise indefinitely): Clauses 1, 8, 9, 12 and
12.2 If the Agreement is terminated by the Company under Clause
12.2, the Company will not have any obligation to make any further Payments to
12.3 Subject to Clause 12.2:(a) the Company will pay to the Affiliate all Payments arising from Payment
Triggers activated on or before the date of effective termination of the
Agreement in accordance with the terms of the Agreement; and(b) termination of the Agreement will not affect either Party?s accrued rights
as at the date of termination.
12.4 Provided that we have paid or do pay to you such sums as are properly due
and owing at the date of termination which shall be subject to any rights we
have to make deductions whether under this Agreement or otherwise, we shall
have no further liability to pay you any further sums.
13.1 Any notice given under
the Agreement must be in writing (whether or not described as ?written notice?
in the Agreement) and must be delivered personally, sent by pre-paid first
class post, or sent by fax [or email], for the attention of the relevant person,
and to the relevant address, fax number or [email address] specified on the
Registration Form (in the case of the Affiliate) or the OlyBet Website (in the
case of the Company) (or as notified by one Party to the other in accordance
with this Clause).
13.2 A notice will be deemed to have been received at the relevant time set out
(a) where the notice is delivered personally, at the time of delivery;
(b) where the notice sent by first class post, 48 hours after posting; and
(c) where the notice sent by fax or email, at the time of the transmission
(providing the sending Party retains written evidence of the transmission).
13.3 No breach of any provision of the Agreement will be waived except with the
express written consent of the Party not in breach.
13.4 If a Clause of the Agreement is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other Clauses of the
Agreement will continue in effect. If any unlawful and/or unenforceable Clause
would be lawful or enforceable if part of it were deleted, that part will be
deemed to be deleted, and the rest of the Clause will continue in effect
(unless that would contradict the clear intention of the Parties, in which case
the entirety of the relevant Clause will be deemed to be deleted).
13.5 Nothing in the Agreement will constitute a partnership, agency
relationship or contract of employment between the Parties. The Affiliate will
not make any statement on the Affiliate Website or otherwise which expressly or
impliedly suggest that there is any such relationship between the Parties.
13.6 The Agreement may be varied by the Company posting a new version of the
Agreement on the OlyBet Website and notifying the Affiliate in writing that the
Agreement has been varied. The Affiliate?s continued participation in the
Affiliate Program after receipt of such a notice will constitute the
Affiliate?s acceptance of the varied Agreement.
13.7 The Company may freely assign its rights and obligations under the
Agreement without the Affiliate?s consent.
13.8 The Agreement is made for the benefit of the Parties, and is not intended
to benefit any third Party or be enforceable by any third Party. The rights of
the Parties to terminate, rescind, or agree any amendment, waiver, variation or
settlement under or relating to the Agreement are not subject to the consent of
any third Party.
13.9 The Agreement constitutes the entire agreement and understanding of the
Parties in relation to the subject matter of the Agreement, and supersedes all
previous agreements, arrangements and understandings between the Parties
relating to the subject matter of the Agreement. Subject to Clause 9.1, each
Party acknowledges that no representations or promises not expressly contained
in the Agreement have been made by or on behalf of the other Party.
13.10 The Agreement will be governed by and construed in accordance with the
laws of Republic of Estonia.