Fill in the form to become a registered Affiliate.
Please fill in your Account Information. Please note all fields are mandatory in this section.
Please fill in your Account Information. Please note all fields except Address 2 are mandatory.
Please read the Terms & Conditions. You must agree with the terms and conditions to complete the signup process.
AGREEMENT WITH BETFINAL
IT IS IMPORTANT THAT YOU READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THESE SERVICES.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
FORMS A BINDING CONTRACTUAL AGREEMENT BETWEEN YOU AND FINAL ENTERPRISES N.V.
WHEN USING THIS WEBSITE AND/ OR REGISTERING
AS AN AFFILIATE WITH THE BETFINAL PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY,
AND COMPLY WITH, OUR TERMS AND CONDITIONS.
Admin Fee is a fixed value which consists of License fees,
Game Provider Fees and Platform Fees
These Terms and Conditions, and, where applicable, any other
contractual document concluded between the Parties in relation to the
Affiliate Programme. To the extent that the said contractual document is
governed by these Terms and Conditions, any reference to ‘the Agreement’ as
included therein shall also mean a reference to these Terms and Conditions.
Further, any reference to ‘this Agreement’ in these Terms and Conditions
shall also include and refer to such contractual document.
For the avoidance of doubt, these Terms and Conditions shall
supersede any other terms and conditions applicable to such contractual
documents concluded between the Parties.
A person (whether an individual or a company) who has
registered and been accepted by BETFINAL as an Affiliate of the BETFINAL
An individual and/or entity which You have a business
relationship with and who operates for You with the intention of driving
traffic to BETFINAL, or that You direct in any appropriate manner to BETFINAL
and who does not have an account directly with BETFINAL but is connected to
Your account. For the avoidance of doubt, this shall not include
The Affiliate Program operated by BETFINAL.
All laws, statutes, regulations, edicts, bye-laws, mandatory
codes of conduct and mandatory guidelines, whether local, national,
international or otherwise existing from time to time, which are legally
binding on either Party and which are applicable to that Party’s rights or
obligations under this Agreement.
In the calculation of Commission where Net Revenue is negative
due to Customer winnings and/ or Admin Fees and/ or Cash Items and/ or
Progressive Contributions the said balance will be set to zero. A negative
balance due to Fraud Costs will however be carried over where applicable.
The ‘BETFINAL’ and/or ‘BETFINAL.COM’ brands, including without
limitation all of the trademark registrations/applications of the Group, any
taglines or marketing slogans used by the Group, as well as any other brands
(whether registered or unregistered) owned and /or used by the Group, as may
be indicated by BETFINAL from time to time.
The reversal of a payment made previously by a Referred Player
or the credit card-issuing bank or any other third-party payments solution
provider. Chargebacks are regarded as Fraud for the purposes of calculating
A ‘Cost-Per Acquisition’ deal, whereby BETFINAL pays You a
predetermined amount for each Referred Player.
An individual referred or directed by You in any appropriate
manner to a Product offered by BETFINAL who can be linked to Your (or Your
organization’s) Affiliate account and/or identity who registers a Customer
account with BETFINAL. By opening an account with BETFINAL, that Player will
become Our customer and must comply with all Our applicable rules, policies,
and operating procedures.
The amounts due to You by Us in exchange for the provision of
the services in accordance with the conditions of this Agreement, calculated
under the profit-share model, cost-per-acquisition-model, or hybrid model.
Any form of fraud committed by a Referred Player, which in the
sole opinion of BETFINAL, is deliberately practiced by a Referred Player
and/or an Affiliate in order to secure a real or potential, unfair or
unlawful gain, including but not limited to:
- Fraud Costs;
- Bonus abuse by a Referred Player or group of Referred
- Your (or a third party’s) encouragement to a Referred Player
to abuse Our bonus offers;
- Collusion on the part of the Referred Player with any other
- Your (or a third party’s) offering or providing unauthorised
incentives (financial or otherwise) to Players to encourage them to sign up;
- Dropping or stuffing cookies.
The costs incurred (financial or otherwise) by BETFINAL as a
direct or indirect result of Fraud committed by You, Your employees,
Sub-Affiliates, business partners Customers, and/or third parties linked to
Your affiliate Account to whom You, as an Affiliate, have introduced Our
The total revenue generated by all BETFINAL Products as a
result of all bets and/or deposits by Referred Players introduced to BETFINAL
Any and all of the companies forming part of the BETFINAL
Group and associated with the brand Betfinal.com.
Any and all intellectual property rights, of all types or
nature whatsoever, including, without limitation, patent, copyright, design
rights, trade marks, word marks, database rights, applications for any of the
above, moral rights, know-how, trade secrets, domain names, URL, trade names
or any other intellectual or industrial property rights (and any licenses in
connection with any of the same), whether or not registered or capable of
registration, and whether subsisting in any specific country or countries or
any other part of the world.
All markets in which the Group operates.
Gross Win minus bonuses, Fraud Costs, Progressive
Contributions and any other network fees.
Either BETFINAL or the Affiliate (jointly referred to as the ‘Parties’).
A percentage of revenue generated on any progressive game that
is paid over by Us into the network’s progressive pool.
An online gaming or sportsbook product (including but not
limited to casino, live casino and sports betting) for which professional
services are rendered by BETFINAL or the Group.
PROFIT SHARE DEAL
A revenue-share deal where You receive payment through a
profit-share model that is tracked on Income Access.
A Player who has accessed any of the BETFINAL Products and
registered for a cash account directly through one of Your affiliate links.
For the avoidance of doubt, players which are already customers of BETFINAL
shall not be considered ‘Referred Players’.
An individual and/or entity that You have a business
relationship with and who operates for You with the intention of driving
traffic to BETFINAL, or that You direct in any appropriate manner to BETFINAL
and which has its own Affiliate account with BETFINAL.
Unwanted or unsolicited email or SMS or any other form of
communication sent indiscriminately to one or more mailing lists,
individuals, or newsgroups. This shall include not having appropriate opt-ins
and/or opt-outs prior to the sending of such communication and the lack of
maintaining records of the same.
These terms and conditions, titled the BETFINAL Partner Terms
The websites www.BETFINAL.com, www.betfinal.com or any other
website as may be directed by Us.
US/ WE/ OUR
The Group and all related Brands.
YOU/ YOUR/ MEMBER
You in Your capacity as a BETFINAL Partner, and any
Sub-Affiliates which You may engage pursuant to this Agreement.
1. Who We Are
and This Agreement
1. This Agreement is
put into effect for all Acquired Customers (Please see Terms and conditions
below). The parties to this Agreement are Final Enterprises N.V. (BETFINAL)
and the individual or entity participating in its Affiliate Program
('Affiliate'). The subject matter of this Agreement shall be the
implementation of a link provided by BETFINAL on the Affiliate's website with
the aim of establishing an advertising cooperation ('Affiliate Program') for
the mutual benefit of the parties hereto. This Agreement contains the terms
and conditions that apply to Affiliate's Participation in the Affiliate
Program. The Terms and conditions further set out below are an inseparable
part of This Agreement
"BETFINAL ", "we", "us" or "our" as
applicable) and you in relation to your application to set up an affiliate
account (and membership of the affiliate programme if your application is
deemed successful) to promote the "BETFINAL Sites" (or certain of our sites,
depending on the products you are signed up to promote) by the creation of
internet hyperlinks and other promotional links such as banners (the
"Links") from your website(s) (your "Site") or from your
promotional emails (which we have pre-approved) to the BETFINAL sites.
The "Sites" currently consist of (www.betfinal.com) any application
version of these sites and such other sites as we may add from time to time.
3. BETFINAL shall be
entitled to exercise any of its rights or fulfil any of its obligations
hereunder.This Agreement supersedes all previous terms and conditions for our
4. We reserve the right
to change any part of this Agreement at any time. Of any changes as such as
material changes will be sent to the last email address that was provided by
you to us. It is also your responsibility to check these terms and conditions
regularly and we reserve the right to ament this Agreement at any time. Your
continued participation in our affiliate programme after we have posted the
changes will constitute binding acceptance of such changes. The last changes
of the Agreement will be as per the date are stated on the top of this
Agreement. So please check the page regularly for updates.
1. By filling in the
application form you then confirm that you are over 18 years old and are
requesting membership to our affiliate programme and then agree to our terms
and conditions stating in this Agreement. The application form will form an
integral part of this Agreement.
2. We will in our sole
discretion determine whether or not your application has been successful. Our
decision is final and is not open to appeal.
3. We will notify you
by email if your application has been successful with instructions as to what
you must do to include the Links and marketing materials on your Site.
1. Throughout the term
of this Agreement, you shall:
incorporate and continually display the most up-to-date Links provided to you
by BETFINAL on your Site and you shall not alter the form, location or
operation of the Links without our prior written consent;
o Provide BETFINAL at
no cost with all data and information to enable us to monitor your Site to
ensure you are complying with this Agreement;
o Maintain your Site
in an appropriate manner and contact us if you are materially changing design
or layout or adding material that you should know, acting reasonably, may
influence our opinion as to whether or not you are a suitable affiliate;
o Promote the BETFINAL
Sites in a socially responsible manner, which particular regards to the need
to protect children, young persons and other vulnerable persons from being
harmed or exploited;
o Not place any Links
on pages of your Site aimed at persons under the age of 18 years or otherwise
target, whether directly or indirectly, such persons for gambling-related
o Limit all online
marketing activity to the following approved methods: Online Advertising
including Industry Relevant Expertise, Niche Websites, Personal Websites,
Comparison Websites, Video Blogs and Web blogs, PPC search campaigns, Loyalty
& Reward Sites, RSS Feeds and Social Media marketing. You must request
permission prior to implementing any method outside of the foregoing. This
Agreement sets out the sole and exclusive means by which you may advertise,
promote and market our Sites;
o Make it clear in any
communication by you to potential customers that the communication is made
without the knowledge or involvement of BETFINAL and that any complaint that
the recipient may wish to make should be addressed to you and not BETFINAL;
o Upon our request,
immediately remove any marketing activity promoting BETFINAL or the BETFINAL
Sites on your Site or on other advertising channels within your control; and
o comply with all
reasonable instructions of BETFINAL in relation to this Agreement.
2. Throughout the term
of this Agreement, you shall not:
o place the Links on
websites other than your Site as specified in your application form without
our prior written consent;
o offer any special
benefits or other incentives (including for example any payment) to any
person for using the Links on your Site to access the BETFINAL Sites;
o read, intercept,
copy, record, redirect, interpret, or otherwise interfere with, or fill in
the contents of, any electronic form or other materials submitted to us by
any third party;
o modify any of the
Links other than in accordance with this Agreement;
o engage in
transactions of any kind on the BETFINAL Sites on behalf of any third party;
o authorise, assist,
or encourage any other person to engage in transactions of any kind on the
BETFINAL Sites other than in accordance with this Agreement;
o take any action that
could cause any third party (end users or otherwise) confusion as to our
relationship with you, or as to the site on which any functions or
transactions are occurring;
o other than providing
the Links on your Site in accordance with this Agreement, post or serve any
advertisements or promotional content promoting the BETFINAL Sites;
increase (or attempt to so do) monies payable to you by BETFINAL;
o attempt to
intercept, redirect or otherwise interfere with (including, without
limitation, via user-installed software) traffic from or on any website that
participates in our affiliate programme;
o solicit non-member
affiliates (termed "sub-affiliates") to distribute offers and claim
commission on such activities. You are prohibited from starting a
sub-affiliate network using BETFINAL offers and media assets without our
express written consent in advance;
o purchase, bid for,
register or otherwise acquire keywords, adwords, search terms or other
identifiers for use in any search engine, portal, sponsored advertising
service or other search or referral service which are identical or similar to
any of BETFINAL intellectual property rights, including without limitation
copyrights, trade marks (whether registered or unregistered), brand names,
domain names, graphics and designs using by BETFINAL in connection with the
BETFINAL Sites. However, this does not extend to the use of metatag keywords
on your site which are identical or similar to any of BETFINAL trade marks or
trade names including the term "BETFINAL"
o directly or
indirectly refer visitors from your Site or Customers (as such term is
defined in Clause 5.1) who you suspect (or ought to suspect) are likely to
abuse promotions or services available on the Sites.
send any marketing
communications relating to BETFINAL via SMS or email without the prior
written consent of BETFINAL. place the Links on websites providing
unauthorised access to copyrighted content (such as illegal streaming sites
or file sharing sites); or
3. If we determine, in
our sole discretion, that you have breached any of the provisions of Clauses
3.1 or 3.2, we may (without limiting any other rights or remedies available
to us) withhold any monies otherwise payable to you under this Agreement
and/or terminate this Agreement.
4. Neither you nor your
direct relatives nor any connected party on your behalf (whether a director,
contractor, partner, agent, employee or otherwise) are eligible to become a
Customer (as such term is defined in Clause 5.1) and you shall not be
entitled to any share of Net Revenue or any other remuneration from BETFINAL
in relation to such persons. Direct relatives in this context shall include
your spouse, partner, parent, child or sibling.
5. Only one affiliate
account is permitted per affiliate. BETFINAL reserves the right to close down
any duplicate accounts and to cancel any amounts otherwise due under such
6. BETFINAL shall have
the right to examine your books, records, systems and other materials and
information relating to this Agreement and the services provided hereunder
for the purposes of ascertaining your compliance or otherwise with the terms
hereof. For that purpose you hereby grant to BETFINAL and its professional
advisers a right of access to your premises, systems and information on the
giving of reasonable notice during normal business hours. BETFINAL and its
professional advisers shall have the right to take copies of any records it
reasonably requires and you shall provide all necessary cooperation free of
You will not market or promote any Site
within or to persons from any Restricted Territories; or be involved in any
traffic coming from any Restricted Territories; or allow, assist or encourage
circumvention of any restriction put in place by BETFINAL and/or any Site in
connection with Restricted Territories. Under no circumstances will BETFINAL
accept or pay affiliate commissions for customers from the following regions
: Belgium, Bulgaria, Denmark, France, France Metropolitan, French Guiana,
French Polynesia, French S. and An. Lands, Gibraltar, Guernsey, Hungary,
Ireland, Israel, Jersey, Isle of Man, Martinique, Mayoette, Reunion,
Scotland, Spain, Turkey, Portugal, Russia, Netherlands and Antilles, Czech
Republic, Ukraine, United Kingdom, Australia, New Zealand and United States
of America (Including Minor Outlying Islands). Any changes to this list will
be communicated. If we determine, in our sole discretion, that you have
breached this Clause 3.7, we may (without limiting any other rights or
remedies available to us) withhold any monies otherwise payable to you under
this Agreement and/or terminate this Agreement.
1. BETFINAL will
provide you with the Links in various formats (e.g. banners, animated gif and
text formats). At our sole discretion, the Links may include a bespoke
affiliate ID (an "Affid") which may be modified by us from time to
time in which case a redirect will be put into place via the Link.
2. Subject to your
complying with all of the terms of this Agreement, BETFINAL shall use all
reasonable endeavours to ensure that whenever a Customer links to the
BETFINAL Sites through the Links and subsequently places a bet with BETFINAL,
the relevant customer is identified as originating from your Site. However,
BETFINAL shall not be liable to you in any way if BETFINAL is unable to
identify a Customer as originating from your Site. You should note in particular
that if you do not comply with the requirement to obtain consent to tracking,
or where an end user refuses to grant such consent, or where you fail to
comply with any other applicable laws including in relation to data privacy
and security, we shall not be liable to you in any way in respect of the
actions of that end user or Customer.
Where you provide BETFINAL with personal data,
BETFINAL will comply with its obligations under The General Data Protection
Regulation (GDPR) (Regulation (EU) 2016/679) adopted 27 April 2016.
Money Laundering, & Your Identity
1. In this Clause 5 the
following words shall have the following meanings:
Revenues"shall mean all gross monies received by BETFINAL from Customers through the applicable BETFINAL
Sites during the term of the Agreement less all of the following:
a. monies paid out to
Customers as winnings;
b. "monies paid in
the form of duties, taxes, levies, statutory deductions, imposts, other
similar charges or payments to any relevant authority including licensing
c. charges levied by
electronic payment or credit card organisations;
d. bad debts;
e. monies attributable
f. returned stakes;
g. provisions for
transactions which are reversed by instruction from the card-holder's bank
(commonly referred to as charge-backs);
h. the cost of bonuses,
‘free bets' or ‘free chips' provided to Customers as a promotional or
marketing activity; (i) refunds given to Customers; and
i. any Third Party
Royalty or jackpot contributions which BETFINAL must pay in respect of any
Customers or any of our suppliers;
"Third Party Royalty"shall mean any
royalty or revenue share which BETFINAL must pay to a third party in order to
lawfully exploit any technology or other product used from time to time on
the BETFINAL Site; and
"Customers"shall mean visitors
from your Site who enter the BETFINAL Site via the Links and who register (to
include the provision of a valid email address and such other information as
BETFINAL may require) and open an account with BETFINAL and where such
visitor complies with the terms and conditions of the BETFINAL Site and
places a bet with BETFINAL or any of its partners on the particular product
or service the subject of our agreement with you (for example, if our
agreement with you relates to sports betting, only bets placed on sports
betting will be counted, and not stakes wagered on games etc.). For the
avoidance of doubt it shall exclude any end user that is at that time an
existing or previous customer of BETFINAL or any other company within the
2. BETFINAL shall pay
you (in accordance with the provisions of Clause 5.6) the currently published
percentage (as detailed on the commission page of your BETFINAL Affiliate
account) of Net Revenues received during the term of the Agreement in
connection with any applicable BETFINAL . For the avoidance of doubt, you
shall not be entitled to any revenue share in respect of revenues generated
by Customers following the termination of this Agreement.
3. Other target-based
payments may be introduced by BETFINAL from time to time in relation to some
or all of the BETFINAL Sites either in addition to or in place of the above
Net Revenue based payment. Any such payments will be detailed on the
commission page of your Affiliate account. BETFINAL reserves the right to
make changes to your commission page, including to the levels of commission
due to you, and any such changes shall take effect immediately on their being
changed in your commission page.
4. BETFINAL has the
right to reduce the revenue share of affiliates, or to terminate this Agreement
and remove such affiliates, who do not deliver at least (3) new Customer in a
given calendar month. We will notify you by email where such a reduction or
termination will occur. Accounts that are inactive for a longer period (e.g.
where you have failed to deliver at least one new Customer in the last six
months) may also incur an administrative fee but no such administrative fee
will be deducted from your account prior to our having made reasonable
efforts to contact you via the contact details last provided by you to
BETFINAL. The administrative fee will be applied against the payments
(including future payments) that would otherwise be payable to you. If you
have any queries regarding inactive accounts, please contact us for further
5. BETFINAL shall provide you with statements
accessible via www.BETFINAL.com detailing the number of Customers and the
revenues generated from those Customers, if any, which have accrued to you
over the course of the previous calendar month. At the end of a calendar
month, BETFINAL shall record your total share of Net Revenues, if any, during
the previous calendar month. In the event that a revenue share in any
calendar month is a negative amount, BETFINAL shall be entitled but not
obliged to carry forward and set off such negative amount against future
revenue shares which would otherwise be payable to you. However, BETFINAL
shall also be entitled but not obliged to zero the negative balance that
would otherwise be carried forward. If a revenue share does not exceed €100,
or currency equivalent, BETFINAL shall be entitled to withhold and carry
forward such sum until the end of the first calendar month in which the
revenue share (including any sum carried forward) exceeds €100, or currency
equivalent, at which time payment shall be made in accordance with Clause
5.10. For the avoidance of doubt, you will only receive a payout when there
is a positive balance and it is greater than €100, or currency equivalent, in
any given month.
6. You agree that
BETFINAL will raise sales invoices for the transactions covered by this
Agreement on your behalf until this Agreement terminates in accordance with
Clause 12. You will not raise sales invoices in respect of the transactions
covered by this Agreement.
7. You will notify
BETFINAL immediately if you:
o change your VAT
status including if you become VAT registered or if your VAT registration
o cease to be VAT
o sell your business,
or part of your business.
8. You agree to notify
BETFINAL within 14 days of issue of the invoice if there are any errors on
9. You agree that the
VAT (if applicable) shown on the invoice for the transactions covered by this
Agreement which we raise on your behalf is your output tax due to the
relevant tax authority.
10. Unless otherwise
agreed in writing, at the end of a calendar month, the relevant revenue share
payable by BETFINAL to you shall be
automatically raised and paid out (in accordance with Clause 5.5) within 20
days of the end of the relevant calendar month. Such revenue share shall be
paid in Euro, inclusive of VAT if applicable, at BETFINAL 's discretion.
11. You shall indemnify
on demand and hold harmless us from and against any and all losses, demands,
claims, damages, costs, expenses (including, but not limited to,
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 BETFINAL in
consequence of any breach by you of this Clause 5.11 or as a result of your
VAT status being different from that notified to us.
12. BETFINAL may engage
the services of a third party (currently "Income Access") to
provide both the affiliate platform and system maintenance. We have service
levels in place and expect these to be upheld but ultimately we do not have
total control over these services and therefore cannot be held responsible
for any failures arising from such third party services. You shall cooperate
with us, and to the extent necessary our third party service providers, to
give effect to the terms and spirit of this Agreement.
13. We shall make
reasonable efforts to make any payments due to you in a timely fashion.
However, we shall not be liable for occasional delays or delays outside of
our control. For example, any changes in the contact or banking details
provided by you may give rise to a delay of up to 30 days in making any
payments due. Where you become aware of any overdue payments due to you,
please contact us immediately and we will seek to resolve the matter as soon
14. We shall use
reasonable endeavours to make payments due to you using the payment details
provided to us. However, in certain circumstances we may be unable to make
payments to you for reasons outside of our control (for example where the
bank account details provided are inaccurate or incomplete). Where this
occurs, we shall make reasonable efforts for a period of up to six (6) months
to contact you via the contact details last provided by you to BETFINAL to obtain alternative payment details. If
we are still not in a position to make the payments after this period, we may
close or suspend your account without further notice and you shall be deemed
to have forfeited any entitlement to payment.
15. If an error is made
in the calculation of your share of the revenue share, BETFINAL reserves the
right to correct such calculation at any time and to reclaim from you any
overpayment made by BETFINAL to you (including, without limitation, by way of
reducing future payments which might otherwise be due to you from us from
time to time).
16. It is the policy of
BETFINAL to actively prevent, to the extent within its control,
money-laundering and any activities that facilitate money-laundering or
funding of terrorist or criminal activities. BETFINAL reserves the right to
attempt to verify your identity through the information provided by you, by
obtaining information from public sources or by such other means as it
reasonably deems necessary.
17. You warrant and
represent that you shall at all times:
o comply with all
laws, rules and regulations which are applicable to your compliance with our
obligations in this Agreement.
o comply with the Data
Protection Acts 1988 and 2003, as amended, and the European Union's General
Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) adopted 27 April
2016 and all other applicable data privacy rules, laws and regulations
anywhere in the world. Under the ePrivacy Directives, information (not just
personal data) may not be stored on or retrieved from a person's terminal
equipment unless the individual: (i) has been given clear and comprehensive
information about why this is being done; and (ii) has given her/his consent.
You shall inform users of your Site that tracking technology will be
installed on their hard drive if he/she clicks on the Links and shall obtain
their consent to such tracking prior to storing or retrieving information
from a person's computer, smartphone, mobile phone, tablet or other
applicable device. You hereby acknowledge that all data relating to Customers
shall be and remain the exclusive property of BETFINAL. It is not anticipated
that you will gain access to personal data relating to Customers. However, in
the event you do gain access to personal data relating to Customers, such
access will be in your capacity as a data processor only and you will be
required to enter into a separate data processing agreement with us.
o comply with all
applicable laws, statutes, regulations, and codes relating to anti-bribery
o promptly report to
the BETFINAL any request or demand for any undue financial or other advantage
of any kind received by you in connection with the performance of this
o upon request and
within a reasonable period, you shall certify to BETFINAL in writing
compliance with this Clause 5.18. You shall provide such supporting evidence
of compliance as BETFINAL may
18. Breach of Clause
5.18 shall be deemed a material breach of this Agreement.
19. BETFINAL is required
to ensure that third parties shall, and therefore you undertake: (a) to
conduct yourself in so far as you carry out any activities on behalf of
BETFINAL as if you were bound by the same licence conditions and subject to
the same codes of practice as BETFINAL, including but not limited to
assisting BETFINAL in the display of such information and the provision of
such links. (b) to comply with any technical standards for remote gambling
systems as may be set. (c) to provide such information to BETFINAL as it may reasonably
require in order to enable BETFINAL to comply with its information reporting
and other obligations to the Commission; and (d) not to encourage players to
play longer or wager more than the player might otherwise do. BETFINAL may
immediately terminate this Agreement if, in BETFINAL’s reasonable opinion,
you are in breach of this Clause 5.19
20. You are solely
responsible for your own marketing and promotional activities and you shall
carry out such activities in a responsible manner, complying with all
applicable laws, regulations and advertising codes. In particular you: (a)
shall have appropriate privacy and security safeguards in place; and (b)
shall comply with your obligations in Clause 5.18(b) and Clause 3.7. You
shall immediately comply with BETFINAL's requests in relation to this Clause
5.21. Where you fail to do so, BETFINAL reserves the right to immediately
terminate this Agreement.
21. For all amounts
payable by BETFINAL under or in connection with this Agreement, we may at our
discretion determine which entity/entities within the Group shall make
payments and in what proportion.
22. Nothing in this
Agreement shall create, or be deemed to create, a partnership or the
relationship of principal and agent or employer and employee between the
parties. You shall be accountable to the Revenue Commissioners, Customs and
Excise or such other relevant authorities for all taxation payable on or in
respect of payments we make to you and shall indemnify BETFINAL from and
against any liability that may be imposed on us in relation to same.
1. BETFINAL makes every
effort to ensure that no errors are made in the calculation of amounts due to
affiliates. However, human, systems and/or third party error may occasionally
result in errors. BETFINAL reserves the right to correct any obvious errors and
to void any payments (to include the right to be reimbursed where payments
have been made in error) where such have occurred.
2. In the case of any
blatant errors in payments made (including for example where the payment made
is materially different to previous or comparable payments/periods and/or the
payment is clearly incorrect, depending on all of the circumstances), the
amount paid will be rebalanced at the appropriate rate. Should you be
credited in error, it is your responsibility, and you undertake, to notify
BETFINAL of the error without delay. You hereby undertake to provide your
full cooperation to BETFINAL to correct any such errors, including by way of
the return of any over-payments. BETFINAL may set off any payment obligation
due to us from you against any future payment obligation owed by us to you
under this Agreement.
Responsible Gambling, Protection of Minors, and the Prevention of Crime
1. BETFINAL reserves
the right to seek criminal or other sanctions against you if we suspect you
have engaged in fraudulent, dishonest or criminal acts and we will disclose
such information to the relevant authorities or other relevant third parties
as may be necessary in this regard. Fraudulent acts include acts by you which
are made in bad faith and/or acts which are intended to defraud BETFINAL
2. BETFINAL aims to
make betting a fun and entertaining experience, whilst at the same time
taking our responsibilities very seriously. To this end, we strive to:
oensure that gambling is conducted in a verifiably fair and
open fashion in order to protect customers;
oensure that, to the greatest extent possible, children and
other vulnerable persons are protected;
oprevent gambling being or becoming a source of crime or
3. You undertake not to
knowingly or negligently, through any act or omission, conflict in any way,
or cause BETFINAL to be in conflict in any way, with any of the objectives
set out in Clause 7.2.
4. BETFINAL reserves
the right to immediately suspend or terminate any account it believes such
account to be involved in fraud, money-laundering and/or any other form of
illegal or suspicious activities, to withhold any amounts due on the account,
and to report such details as it reasonably considers are necessary to
8. Licence to
use the Marks
1. We hereby grant to
you a non-exclusive, non-transferable, revocable licence, solely during the
term of this Agreement, to use such BETFINAL intellectual property, including
without limitation any logo, trade mark, trade name, design or other similar
identifying material owned by or licensed to BETFINAL As we make available to you via our online
media gallery and via electronic newsletters solely in connection with the
display of the Links on your Site or in connection with email promotions
which we approve in advance.
2. This licence cannot
be sub-licensed, assigned or otherwise transferred by you without our prior
written approval. Your right to use the Marks is limited to and arises only
out of this licence to use the Links.
3. This licence will be
terminated automatically upon the termination of this Agreement for any
4. You shall not assert
the invalidity, unenforceability, or contest the ownership of the Marks in
any action or proceeding of whatever kind or nature, and shall not take any
action that may prejudice our or our licensor's rights in the Marks, render
the same generic, or otherwise weaken their validity or diminish their
associated goodwill (which shall vest exclusively in BETFINAL).
5. You shall not
register or attempt to register, or be complicit in any third party
registering or attempting to register, any trade mark, trade name, logo, or
similar identifying material that contain the Marks or are confusingly
similar to or are comprised of any of the Marks or any other of our
intellectual property rights.
6. You undertake not to
register or attempt to register or be complicit in or cooperate with any
third party registering or attempting to register, any domain name which is
similar to any of our Sites or intellectual property rights. including (for
the avoidance of doubt) any misspellings, other variations of the domain
names or other likenesses. Where you breach this Clause 8.6 you will
immediately cease use of any such domain and transfer such domain to us or a
third party elected by us.
7. You undertake to
provide all reasonable cooperation with us in protecting the Marks against
third party infringement or any other attack.
1. Each party to this
Agreement represents and warrants to the other that it has, and will retain
throughout the Term all right, title and authority to enter into this
Agreement, to grant to the other party the rights and licences granted in
this Agreement and to perform all of its obligations under this Agreement.
2. You are solely responsible
for the operation and content of your Site and you represent, warrant and
undertake that your Site shall contain no material which is defamatory,
sexually explicit, unlawful, harmful, threatening, obscene, harassing, or
racially, ethnically, or otherwise objectionable or discriminatory, violent,
politically sensitive or otherwise controversial or in breach of our rights
or any third party rights and shall not link to any such material. We shall
not be liable for any claims by third parties relating to your Site or any of
the products or services associated therewith and you will fully indemnify us
in respect of any losses we suffer (directly or indirectly) in connection
with any such claims.
3. You warrant and
represent that you are of legal age for gambling as determined by relevant
legislation in your jurisdiction. Affiliates who are under 18 years of age
are not permitted to participate in the affiliate programme.
4. You warrant and
represent that you will not, directly or indirectly: (a) do any act or
omission that disparages BETFINAL Sites, or is damaging to the interests,
reputation or goodwill of the aforementioned parties and sites; or (b) do any
activity that in our reasonable opinion would be deemed unsuitable,
inappropriate or fraudulent.
1. The BETFINAL Sites
and the Links are provided "as is" without any express or implied
warranty of any kind, and all warranties including warranties of
merchantability, non-infringement of intellectual property rights, fitness for
any particular purpose, and of completeness or accuracy of content are hereby
excluded to the fullest extent permitted by law. Neither BETFINAL nor any of
its licensors gives any warranty that the supply of material and content on,
or links to or from, the BETFINAL Sites and/or the Links will be
uninterrupted, timely, secure or error free or that they are free of viruses
1. You shall indemnify
BETFINAL on demand and hold us harmless from and against any and all losses,
demands, claims, damages, costs, expenses (including, but not limited to,
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 BETFINAL in consequence of any breach, non-performance or
non-observance by you of any of your obligations or warranties under this
2. Nothing in this
Agreement limits or excludes either party's liability for death or personal
injury or for breach of any of the indemnities under this Agreement, for
which liability shall not be limited.
3. We shall not be
liable to you in contract, tort, or otherwise (including liability for
negligence) for loss whether direct or indirect of business, revenue or
profits, anticipated savings or wasted expenditure, corruption or destruction
of data or for any indirect or consequential loss whatever.
4. We shall not be
liable for any loss or damage that you may suffer because of any act of God;
power failure; trade or labour dispute; act, failure or omission of any
government or authority; obstruction or failure of telecommunication services
or networks; or any other act, omission, delay or failure caused by a third
party or otherwise outside of our control.
5. In no event shall we
be responsible for any claim or dispute between you and any user of your
1. This Agreement shall
commence (or commenced, in the case of existing affiliates) on the date that
BETFINAL notifies (or notified, in the case of existing affiliates) you that
your application to join the BETFINAL affiliates programme has been
successful and shall continue until terminated in accordance with this Clause
2. Either party may
terminate this Agreement forthwith on written notice if a receiver, examiner
or administrator is appointed of the whole or any part of the other party's
assets or the other party is struck off the Register of Companies in the
jurisdiction where it was incorporated or an order is made or a resolution
passed for winding up of the other party (unless such order or resolution is
part of a voluntary scheme for the reconstruction or amalgamation of that
party as a solvent corporation and the resulting corporation, if a different
legal person, undertakes to be bound by this Agreement), if you are subject
to bankruptcy proceedings, or if you are subject to any similar process or
procedure to those described in this Clause 12.2 in any part of the world.
3. BETFINAL may
immediately suspend or terminate this Agreement upon notice to you: (a) where
you materially breach any term of this Agreement and fail to remedy the
breach (if remediable) within the time period specified by BETFINAL to remedy
same; (b) in accordance with its rights set out in Clause 3.3, Clause 3.8,
Clause 5.18, Clause 5.20 or Clause 7.4; or (c) where you are in breach of any
warranty within this Agreement. BETFINAL reserves the right to withhold any
amounts due to you in such circumstances (whether or not such amounts are
generated by the breach).
4. BETFINAL may suspend
or terminate this Agreement at its discretion immediately upon notice if it
considers that you are for any reason unsuitable to be an affiliate. BETFINAL
shall not be required to disclose its reasoning in connection with any such
suspension or termination. Where BETFINAL
discloses its reasons for such suspension or termination, it may
withhold and/or terminate any payments that otherwise may have been due to
5. Either party may
terminate this Agreement on delivery of seven (7) days' prior written notice
to the other party.
6. Termination of this
Agreement shall not prejudice any rights of any party which may have arisen
on or before the date of termination.
7. Upon termination of
this Agreement for any reason, you shall remove all of the Links and any
other Marks or content owned, developed, licensed or created by BETFINAL
and/or provided to you by BETFINAL in connection with this Agreement from
your Site and all rights and licences granted to you in this Agreement shall
8. We shall be entitled
to deduct from any payments due and payable to you, any such debts and
liabilities due to BETFINAL, if any.
9. For the avoidance of
doubt, you shall not be entitled to any revenue share in respect of revenues
generated by Customers following the termination of this Agreement.
1. This Agreement
(including your application form) contains the entire agreement between the
parties with respect to its subject matter and supersedes all previous
agreements and understandings between the parties with respect to its subject
2. You shall not assign
or sub-contract any of your rights and/or obligations under this Agreement
without BETFINAL prior written consent.
3. No delay, neglect,
or forbearance on the part of either party in enforcing against the other
party any term or condition of this Agreement shall either be or be deemed to
be a waiver or in any way prejudice any right of that party under this
4. If any provision of
this Agreement is held to be void or unenforceable in whole or part, the
impugned provision (or part thereof) shall be deemed to be deleted from this
Agreement and the remaining provisions (including the remainder of the
affected provision) shall continue to be valid and applicable.
5. Any notice given or
made under this Agreement to FINAL AFFFILIATE
shall be by email to Affiliates@BETFINAL.com BETFINAL shall send you
any notices given or made under this Agreement to the email address supplied
on your application form or such other email address as notified by you to
6. During the term of
this Agreement, you may be entrusted with confidential information relating
to the business, operations, or underlying technology of BETFINAL and/or the BETFINAL affiliate programme.
You agree to avoid disclosure or unauthorised use of the confidential
information to third persons or outside parties unless you have BETFINAL
prior written consent. You shall use such confidential information only for
purposes necessary to further the purposes of this Agreement. Your
obligations with regard to confidential information shall survive termination
of this Agreement and you shall fully indemnify us for any losses we or the
Group suffers (directly or indirectly) in connection with your breach of this
Version: 1.0.1 Date: 01. October 2019