Terms & Conditions
AdmiralBet Partners [Spain] | Terms & Conditions – version dated 28 July 2022
This document outlines the specific Terms & Conditions applicable to the AdmiralBet Partners Programme. Please read this document carefully before accepting the Terms & Conditions. Please store this document and all of its subsequent versions safely, along with all confirmation e-mails documenting commission deals and other aspects of interest.
1. General
1.1. “AdmiralBet Partners” (also referred to as the “AdmiralBet Partners Programme”) is a marketing programme conducted by Funstage GmbH (the “Programme Partner”) on behalf of the brand AdmiralBet, operated in Spain by Beatya Online Entertainment PLC (the “Operator”). As part of the AdmiralBet Partners Programme, Marketing Partners are engaged by the Programme Partner in order to place the Operator’s marketing material and/or campaign links on their own Marketing Partner website(s).
1.2. Participation in the AdmiralBet Partners Programme is governed by these Terms and Conditions (“T&Cs”).The purpose of these T&Cs is to regulate the relationship between the Programme Partner, the Operator and the Marketing Partner.
1.3. The Marketing Partners’ contractual relationship is with the Programme Partner. The company details of the Programme Partner are as follows:
Funstage GmbH
Wiedner Hauptstraße 94 A-1050 Vienna, Austria
E-mail: partners@AdmiralBet.es
URL: www.AdmiralBetpartners.es
General enquiries related to participation in the AdmiralBet Partners Programme or to these T&Cs should be sent to partners@AdmiralBet.es.
1.4. The Programme Partner provides the marketing and tracking services on behalf of the Operator. The company details of the Operator are as follows:
BeatYa Online Entertainment PLC
W Business Centre, Level 4, Triq Dun Karm, Birkirkara, BKR9033, Malta
Brand: AdmiralBet
URL: www.AdmiralBet.es
Target country: Spain
1.5. The contractual agreement is written in English and shall only be served in English.
1.6. The T&Cs may be modified or supplemented from time to time as the Programme Partner deems fit and necessary, and/or in line with any regulatory developments or legal requirements. Such modifications shall be communicated to the registered Marketing Partner via e-mail, via the AdmiralBet Partners Programme website www.AdmiralBetpartners.es or via the Software utilised in the AdmiralBet Partners Programme. T&Cs changes shall only take effect two (2) business days after the publishing and/or communication date (whichever is earlier), unless stipulated by the Programme Partner that immediate or later effect of the change is required, in order to adhere to legal and/or regulatory requirements.
1.7. Under no circumstances can the Marketing Partner amend and/or supplement these T&Cs without written consent from a duly authorised representative of the Programme Partner.
2. Registration
2.1. In order for Marketing Partners to participate in the AdmiralBet Partners Programme, they must be registered and approved. Once the registration form is completed, the T&Cs are considered to have been read, understood, acknowledged and accepted by the Marketing Partner and be binding.
2.2. Upon completion of the registration form for the AdmiralBet Partner Programme, the Marketing Partner sets a username and password based on the submission of this information during the registration process. The Marketing Partner shall at all times remain responsible for keeping all its data confidential and up-to-date. The Marketing Partner shall not provide this information to any third party, as any activity under the Marketing Partner’s user account will be automatically attributed to the Marketing Partner. Further details and information will be requested and required from the Marketing Partner after registration in order to have a successful out-payment for any commission that may be generated.
2.3. Marketing Partner registration data are the basis for the self-billed invoices and need to comply with invoicing standards, especially regarding the correct names of a company or registered private persons, VAT and tax numbers, and official addresses. Incorrect and/or inaccurate data that leads to an incorrect tax calculation or tax information on the self-billed invoice will lead to the Marketing Partner’s exclusion from the AdmiralBet Partners Programme, if not reported immediately to the Programme Partner, including the necessary correct information.
3. Definitions
3.1. In these T&Cs, references to the following words shall have the meaning set out below, unless explicitly stated otherwise:
i. “Marketing Partner” is a company which provides a website (“Marketing Partner Website”) where the Operator’s marketing material is placed and directly linked to one of the Operator’s Website(s).
ii. “AdmiralBet Partners” or “AdmiralBet Partners Programme” is the marketing programme where the Programme Partner engages Marketing Partners to place the Operator’s marketing material and/or campaign links on their own Marketing Partner website(s). Marketing Partners will receive a referral fee or a commission in the form of revenue as may be agreed between the Programme Partner and the Marketing Partner.
iii. “AdmiralBet Partners Software” means the log-in access portal located on the URL of the AdmiralBet Partners Programme stipulated in Section 1, as may be replaced from time to time (and such other web addresses that are owned, operated or controlled by or on behalf of the Operator from time to time and that make such website available), and each of its related pages.
iv. “Marketing Partner Website” is the website operated and owned by the Marketing Partner. If the Marketing Partner wishes to place marketing material and/or campaign links on any medium other than a website operated and owned by the Marketing Partner, written consent must be obtained before any such placement takes place, and will be provided at sole the discretion of the Programme Partner.
v. “Commission” is the amount due and payable to the Marketing Partner for its participation in the AdmiralBet Partners Programme, as calculated solely on the basis of AdmiralBet Partners Software system’s data and in accordance with these T&Cs and the applicable payment plans associated with the respective Marketing Partner.
vi. “Payment Plan” means the payment plan(s) chosen by the Marketing Partner for each of the Marketing Partner’s campaign tracking links as further described in Section 9.3.
vii. “Cost per Acquisition” (CPA) means the payment plan where the Marketing Partner is paid a referral fee for completion of the action stipulated by the AdmiralBet Partners Programme and as further described in Section 9.3.
viii. “Revenue Share“ is a stipulated percentage of the revenue generated by Real Money Players, paid by the Programme Partner to the Marketing Partners who choose the Revenue Share Payment Plan or the Time-Limited Revenue Share Payment Plan (within Section 9.3).
ix. “Fraud” means fraudulent behaviour as described in Section 7.
x. “Intellectual Property Rights” (IP) means rights to all existing and future intellectual property, owned from time to time by the Operator or any third party affiliated with the Operator, or that has a contractual relationship with the Operator for this purpose (as described in Section 10.).
xi. “Marketing Material” refers to images, banners, text links and any other marketing assets and/or commercial communications intended to directly or indirectly promote the gambling activities conducted by the Operator on the Operator’s Website, or the Operator itself, that have been provided or otherwise made available to the Marketing Partner via the AdmiralBet Partners Programme, and/or pre-approved in writing by the Programme Partner.
xii. “Minimum Required Deposit” means the minimum amount to be paid by a player in order for the Marketing Partner to be entitled to commission. The commission will be made available to the Marketing Partner after due registration with the AdmiralBet Partners Software and will be treated as strictly confidential. The Programme Partner reserves the right to alter the commission amount at any time by placing a notice to this effect on the AdmiralBet Partners Software and/or sending e-mail notification.
xiii. “Commission Base” means the revenue generated via one player less the administration fees (such as bonus money and handling fees), taxes due on the offering of games, licence costs, fees to be paid to third parties’ software and service providers, marketing costs, transaction processing fees, user verification fees and chargebacks and forms the basis for the Revenue Share.
xiv. “Operator” means the company(ies) operating the gaming brands to which the Programme Partner provides a service. For details of the Operator’s company address, please refer to Section 1 of these T&Cs and the URL provided therein.
xv. “Operator’s Website” means the websites (as mentioned in Section 1) and any other online site or platforms that are offered by the Operator under its online gaming licence(s) in Spain and each of its related pages through which a player opens a player account and/or accesses the related Operator’s services.
xvi. “Player(s)” means any person using any products or services on any of the listed Operator’s Website(s), whether or not attached to the Marketing Partner’s tracking link(s).
xvii. “Player Account” means a uniquely assigned account that is created for a player when the player successfully registers for the services via a tracking link URL.
xviii. “Referred Player(s)” means any person who is attached to the Marketing Partner’s tracking link and who:
• does not and has not, at any point, had an account with the Operator before;
• is not located in a territory that the Operator with whom the player attempts to participate considers a restricted territory;
• has made the minimum required deposit;
• is accepted as a player under any applicable registration or identity verification procedure the Operator may require;
• has accumulated the required criteria notified to the Marketing Partner after duly registering with the AdmiralBet Partners Programme; and
• has adequately fulfilled any other qualification criteria that Programme Partner may introduce from time to time.
Notwithstanding any other provisions contained elsewhere in these T&Cs, the Programme Partner reserves the right to alter the above-mentioned qualifying criteria at any time by placing a notice on the software and/or sending e-mail notification.
xix. “Services” means any product or service offered to players by the selected Operator’s Website(s).
xx. “Tracking Link(s)” means a unique identifier through the use of a URL that the Programme Partner provides exclusively to the Marketing Partner, through which Programme Partner tracks referred players´ activities and calculates commission. Every Tracker is uniquely identified by its Tracking ID.
xxi. “Tracking URL” means a unique hyperlink or other linking tool for referencing the Operator’s Website(s) or services through which the Marketing Partner refers potential real money players. When the relevant player opens their player account, the Operator’s Website(s) automatically logs the tracker URL and records the Marketing Partner.
xxii. “Tracking ID” is a unique identification number that identifies the Marketing Partner’s tracking links and their performance.
4. Responsibility of the Programme Partner
4.1. The Programme Partner makes no warranties or representations (whether expressed or implied by law, statute or otherwise) with respect to the AdmiralBet Partners Programme, sites, website or any content, products or services available therein or related thereto. Furthermore, the Programme Partner makes no warranties or representations that the Operator’s Website, the Programme Partner Software, system, network, software or hardware (or that provided to Programme Partner by third parties) will be error-free or uninterrupted or with respect to the quality, merchantability, fitness for particular purpose or suitability of all or any of the foregoing. Except as expressly stated otherwise in these T&Cs, all warranties, representations and implied terms and conditions are hereby excluded to the fullest extent permitted by law. Furthermore, neither Programme Partner nor its providers or vendors are required to maintain backup system(s), networks, software or hardware.
4.2. The Programme Partner shall provide the Marketing Partner with a selection of advertising instruments e.g. logos, banners, graphics and other sales-enhancing tools (“marketing material”). Upon implementation of any marketing material on the Marketing Partner Website, the Marketing Partner will offer users of the Marketing Partner Website the opportunity to directly access the Operator’s Website(s). The Programme Partner shall be entitled to modify, limit and/or provide new marketing material at any time.
4.3. The Programme Partner shall bear any cost/s arising in connection with the graphical representation of the link(s).
4.4. The Programme Partner shall administer the referred players generated via the links, and the total amount of commission earned via the links, provide the Marketing Partner with performance statistics online, and handle all customer services related to the business.
4.5. The Programme Partner reserves the right to alter the commission deal at any time by sending a notice to the Marketing Partner via e-mail notification, to the e-mail associated with the Marketing Partner. It is the responsibility of the Programme Partner to notify its Marketing Partner’s commission deal change at least two (2) business days in advance. Unless otherwise specified by the representative of the Programme Partner, the change shall take effect after two (2) business days.
5. Responsibility of the Marketing Partner
5.1. The Marketing Partner acknowledges and agrees that the Regulations 10(1) and 10(2) (information to be provided by electronic means) and 11(1) (placing of the order) of the Electronic Commerce Directive 2000/31/EC shall not apply to or have any effect on this agreement.
5.2. It is the Marketing Partner’s responsibility to visit the AdmiralBet Partners Software frequently to view the T&Cs and/or ensure the correct e-mail is listed to receive notifications of such changes in the T&Cs that may be communicated by the Programme Partner from time to time. Any changes to these T&Cs shall be considered valid and in effect if published and/or communicated in accordance with these T&Cs, irrespective of the Marketing Partner’s actual acknowledgement of the changes.
5.3. The Marketing Partner shall only target and acquire players from the approved list of countries or countries listed under the Operator(s) information in Section 1 (“target country”) of these T&Cs. The Programme Partner reserves the rights to close, block or suspend the Marketing Partner’s account and/or any commission associated with it, should the Marketing Partner attempt to target or acquire players outside the target country.
5.4. The Marketing Partner’s continued participation and/or activity in the AdmiralBet Partners Programme for three (3) business days following the notice period referred to in Section 5.2 above will be deemed binding acceptance of the modified T&Cs.
5.5. The Marketing Partner may not place, purchase or register keywords (including meta tag keywords), search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical, similar or otherwise resemble any trademarks owned by the Programme Partner or the Operator.
5.6. The Marketing Partner shall only use advertising creative(s) (banners, mailers, images, logos, micro games, page peels, content and any other formats) approved by the Programme Partner, and shall not alter their appearance in any way. The Marketing Partner shall not refer to the Programme Partner and/or the Operator in any promotional materials other than those available within the AdmiralBet Partners Software.
5.7. The Marketing Partner shall not, under any circumstances, promote and/or display any materials, including text information, about the bonuses or promotion schemes offered by the Operator. The Marketing Partner shall not compare the bonus offers and promotion schemes of the Operator with similar content offered by other operators. The Marketing Partner shall not, under any circumstances, send out any commercial communications regarding bonus offers and promotion schemes offered by the Operator via any other means, such as social media pages or newsletters.
5.8. The messages and information displayed by the Marketing Partner shall never make express appeals to the recipient of the commercial communication to share the message provided in the commercial communication with others.
5.9. The Marketing Partner shall guarantee that the material shown on the Marketing Partner’ website does not infringe any rights of third parties (including copyright, patents and trademark rights, personality rights or any other rights – hereinafter, “IP”).
5.10. The Marketing Partner shall not copy or imitate the Programme Partner or its Operator’s Website in whole or in part, or frame any page of the Operator’s Website in whole or in part. The Marketing Partner shall not register or attempt to register any logo, trademark, trade name, insignia, design, domain name or similar identifying material, and shall not create any websites, groups or profiles (in particular, but not limited to, www.facebook.com) that contain the IP, are confusingly similar to or comprise any of the IP belonging to the Programme Partner or to the Operator. In the event that the Marketing Partner does register a logo, trademark, trade name, insignia, design, domain name or similar in breach of this obligation, the transfer of any such logo, trademark, trade name, insignia, design, domain name or similar to the Programme Partner, or to a third party elected by the Programme Partner, may be demanded by the Programme Partner with immediate effect , at the Marketing Partner’s expense.
5.11. The Marketing Partner shall be solely responsible for ensuring that the stipulated link complies with all applicable laws and regulations, and the shall further indemnify and hold the Programme Partner harmless against any and all claims, demands, liabilities, losses, damages, costs and/or expenses resulting or arising (directly or indirectly) from any such breach of the applicable law. Furthermore, the Marketing Partner represents and warrants that during its participation in the AdmiralBet Partners Programme it shall comply with all applicable laws in the target country, including the provisions of the Gambling Act (Law 13/2011), Royal Decree 958/2020 of 3 November on commercial communications for gambling activities, and any further applicable regulations, including but not limited to emergency decrees that may emanate from the Spanish authorities from time to time.
5.12. The Marketing Partner acknowledges that any artwork or other marketing material used outside of the AdmiralBet Partners Software shall need a written confirmation via e-mail supplied by a Programme Partner representative in approval of said artwork.
5.13. The Marketing Partner represents and warrants that the information provided to the Programme Partner in the online application form is true and complete in all respects. The Marketing Partner shall promptly update such information if all or any part of it changes.
5.14. The Marketing Partner confirms that it operates the Marketing Partner Website under its own name and that it is fully authorised to do so without any restrictions. The Marketing Partner Website shall have a mechanism to prevent access by minors and shall periodically disseminate messages about responsible gambling if their main activity is offering products or information on gambling activities. The Marketing Partner Website that incorporates social network accounts or channels shall only make commercial communications from gaming operators when their main activity consists of providing information or content on the gambling activities, and in addition:
i. Use all the mechanisms available on the social networks from which they disseminate their activity to avoid access by minors; and
ii. Periodically broadcast messages about responsible gambling.
5.15. The Marketing Partner shall assume all costs incurred in implementing the link. In addition, the Marketing Partner undertakes to bear the costs associated with access to the Marketing Partner Website and display and/or delivery of the advertisement.
5.16. The Marketing Partner shall be responsible for the correct technical incorporation of the link and for the technical operation of the Marketing Partner Website.
5.17. The Marketing Partner shall be responsible for the development, operation, and maintenance of the Marketing Partner Website as well as for all material appearing on the Marketing Partner Website.
5.18. The Marketing Partner acknowledges and agrees that tracking links are for the Marketing Partner’s sole use, and the Marketing Partner shall not assign or sub-license (as appropriate) the tracking ID or any commissions to any third party without the Programme Partner’s prior written consent.
5.19. The Marketing Partner warrants that it has independently evaluated the desirability of marketing the Operator’s Website(s) and/ or services to which the Programme Partner provides a service.
5.20. The Marketing Partner has independently evaluated all relevant laws and regulations that apply to its activities and has confirmed to its complete satisfaction that it may participate in the AdmiralBet Partners Programme without violating any applicable laws and regulations.
5.21. If the Marketing Partner is an officer, director, employee, consultant or agent of the Programme Partner, or one of its subsidiary parent or associated companies, suppliers, vendors or Operators, the Marketing Partner is not permitted to participate in the AdmiralBet Partners Programme or to directly or indirectly use any of the Operator’s Website(s), other than in the course of their duty as an employee. Similarly, relatives of the Operator’s employees (including, but not limited to, a spouse, parent, child and/or sibling) are not permitted to participate in the AdmiralBet Partners Programme, and/or to directly or indirectly use any of the Operator’s Website(s), unless the Marketing Partner obtains the Programme Partner’s or Operator’s prior written consent.
5.22. The Marketing Partner confirms that it is entering into this agreement for business-related purposes, in its capacity as a legal person, and cannot be deemed a “consumer” for the purposes of the applicable consumer protection laws.
5.23. The Marketing Partner shall display the brand of the Operator AdmiralBet on all marketing communication. The Marketing Partner shall not promote the Operator’s Website(s) and/or Operator’s services or trademarks in any way whatsoever, unless such activities are approved in writing by the Programme Partner, including:
i. on any website on which the Operator promotes any of the Operator’s Website(s);
ii. on or through any internet search engine on or through which the Operator promotes any of the Operator’s Website(s);
iii. in any other manner that results in the Marketing Partner competing with the Operator in relation to the promotion of any of the Operator’s Website(s); or
iv. where the Programme Partner requests that the Marketing Partner cease the same.
5.24. The Marketing Partner shall ensure that the Marketing Partner Website does not promote gambling activities conducted by entities without an operating licence in the target country, presenting them as addressing residents of the target country.
5.25. The Marketing Partner shall ensure that all marketing materials related to the Operator Website(s) and published on the Marketing Partner Website are clearly identifiable and recognisable as commercial communications.
5.26. When advertising the Operator’s Website(s) and the services provided by the Operator, whether directly on the Marketing Partner Website(s) and other associated channels, or indirectly through third parties, the Marketing Partner shall not utilise and/or authorise and/or encourage any materials that:
i. Include false information or information which, even if true, by its content or presentation may induce or mislead, or cause confusion in the target audience;
ii. Omit substantial data or relevant facts, if such omission is liable to mislead its recipients;
iii. Incite anti-social or violent attitudes or behaviours of any kind, or attitudes or behaviours that are discriminatory on grounds of birth, racial or ethnic origin, gender, religion, opinion or conviction, age, disability, sexual orientation, gender identity, illness, or any other personal or social situation or circumstance;
iv. Incite humiliating, denigrating or degrading attitudes or behaviours;
v. Positively or attractively associate, link, represent or relate gambling activities to illicit activities or behaviours, or activities or behaviours harmful to public health, or which give rise to economic, social or emotional damage;
vi. Discredit individuals who do not play and confer some kind of social superiority to those who do play;
vii. Include messages that devalue effort in comparison with gambling;
viii. Convey tolerance with regard to gambling in educational or work environments;
ix. Include sexual content, connect gambling to seduction, sexual success or increased appeal;
x. Present gambling as essential, a priority or important in life;
xi. Present family or social relationships as secondary to gambling;
xii. Use graphic representations of money or luxury items;
xiii. Incite reckless or compulsive gambling practice, or present previous gaming patterns as stimulating or attractive practices;
xiv. Make loan offers to gaming participants or offer any other form of credit, or refer to links or other sites where loans or credits are offered quickly and instantly;
xv. Suggest that gambling can be a solution or an alternative to personal, professional or financial problems;
xvi. Associate, link or relate gambling activities to ideas or behaviours which express personal, family, social or professional success;
xvii. Mislead about the possibility of obtaining a prize, or suggest that playing again increases the chances of winning;
xviii. Suggest that the player’s skill or experience will eliminate the randomness upon which the prize or the gains depend, or appeal to players’ knowledge, perseverance, competitiveness or instinct, or to their mastery of the Operator’s betting platform, as elements determining success in the gaming activity;
xix. Present or compare the gambling activity as an economic or financial investment, or an alternative to employment, or a way to recover economic losses of any kind;
xx. Directly or indirectly target, for marketing purposes, and/or incite minors (under 18 years of age) to participate in gambling;
xxi. Distribute marketing materials that are capable of attracting the particular attention or interest of minors, including brand-name mascots or jingles specifically or primarily intended for minors;
xxii. Exploit the special trust relationship that minors have with their parents, teachers or other persons;
xxiii. Use image, voice or other characteristics inherent to minors or to persons depicted as minors;
xxiv. Present the practice of gambling as a sign of maturity or indicative of becoming an adult;
xxv. Place marketing materials on any online site or other channel, including the Marketing Partner Website, where the content and/or material on that online site, and where the links to that website or medium:
a. infringes any third party’s Intellectual Property Rights, including those of the Operator;
b. copies or resembles the Programme Partner or Operator’s Website(s) in whole or in part;
c. disparages the Programme Partner or the Operator, or otherwise damages their goodwill or reputation in any way;
d. mirrors any page of the Programme Partner and/or the Operator’s Website(s), including player registration forms in whole or in part.
xxvi. Read, intercept, modify, record, redirect, interpret and/or input the contents of any electronic form or other materials submitted to Programme Partner by any other person;
xxvii. In any way alter, redirect and/or interfere with the operation or accessibility of the Operator’s Website(s) or any page thereof;
xxviii. Register as a player on behalf of any third party, authorise and/or assist (except by promoting the Operator’s Website(s) and services in accordance with these T&Cs) any other person to register as a player;
xxix. Take any action that could reasonably cause any player confusion as to the Programme Partner’s relationship with the Marketing Partner and/or any third party/ies, or as to the ownership or operation of the Operator’s Website(s) or service on which any functions
occur;
xxx. Cause any of the Operator’s Website(s) (or any parts or pages thereof) to open in a visitor’s browser or anywhere else used for accessing the services, other than as a result of the visitor clicking on banners or text links contained in or as part of marketing materials;
xxxi. Allow commercial communications to overlap with the main content of the page or application, where it could block most of that content without involving any prior action by users;
xxxii. Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other site participating in the AdmiralBet Partners Programme;
xxxiii. Use any means to promote any of the Operator’s Website(s) that in any way resemble the look and/or feel of any of the Operator’s Website(s) whether in whole or in part, nor utilise any such means or site to create the impression that such sites are the Operator’s Website(s), or any part thereof;
xxxiv. Violate the terms of use and/or any applicable policies of any search engines or the customer feedback facilities of e-tailers;
xxxv. Attempt to communicate, whether directly or indirectly, with any player/s registered on the Operator’s Website(s), to solicit them to move to any online website/platform/application not owned by the Operator, for any other purposes and by any means whatsoever, including without the Programme Partner’s prior approval.
5.27. If the Programme Partner determines, at its sole discretion, that the Marketing Partner has engaged or has attempted to engage in any of the foregoing activities, the Marketing Partner shall be obliged to pay a penalty equal to whichever of the following is highest:
i. any commission accrued by the Marketing Partner; or
ii. any damages directly or indirectly suffered by the Operator due to the breach of these T&Cs.
5.28. The Operator may immediately, at its sole discretion and irrespective of any penalties, also terminate this agreement upon notice to that effect.
6. Fraud
6.1. The Programme Partner shall be entitled to terminate this agreement with immediate effect, and to apply a penalty on the Marketing Partner that is equal to the total commission due in lieu of damages suffered, in the event that the Programme Partners can determine that one or more of the fraudulent activities described in this section has taken place or is about to take place.
6.2. Fraudulent activities by the players include, but are not limited to the following:
i. one or more chargebacks;
ii. incorrect player data provided as part of the registration or at any point thereafter;
iii. failure to provide the necessary and/or requested documentation for registration and/or verification purposes;
iv. chip dumping;
v. money laundering;
vi. registration and/or use of the website by underage players;
vii. registration and/or use of the account in the name of another person;
viii. registration of an account by an existing customer;
ix. any breach of the General Terms and Conditions of the Operator’s Website(s).
6.3. Fraudulent activities by the Marketing Partner including, but limited to, the following:
i. If the Marketing Partner and the player have the same IP address, and if the player and the Marketing Partner are direct-line relatives; if the Programme Partner has any doubt as to the true identity of the Marketing Partner; if the Marketing Partner is not able to provide the Programme Partner with appropriate identification to effectively verify their identity.
ii. Fraud traffic activities, in particular but not limited to:
a. any simulated or self-referring new player;
b. any simulated introduction of a player via the Marketing Partner’s Tracker ID;
c. any double introduction of an individual player already introduced;
d. any introduction in pretence;
e. any acquisition of players and/or data through illegal means or similar action;
f. any direct initiative to incentivise users to specifically perform a set of actions that would trigger the Marketing Partner’s commission. This incentive can be either an exchange of service or money being offered;
a. players generated via the use of illegal measures and disruptive marketing methods, spam, the creation of false accounts and unauthorised use of any third-party accounts, collusion, multiple subscriptions from a single e-mail address, sequential names or patterns of names, multiple subscriptions from a specific website within a short time span,
b. subscriptions from employees or other parties related to the Marketing Partner,
c. manipulation of the service or system, any alterations or modification of the marketing material provided and Intellectual Property Rights.
6.4. Any dispute as to whether or not an issue should be considered fraud traffic shall be resolved and conclusively determined solely by the Programme Partner, regardless of whether damages have actually been incurred by the Programme Partner and/or the Operator.
6.5. In the event that the Programme Partner reasonably deems that fraudulent activity has taken place in relation to generation of the commission, a Programme Partner representative or a member of its Fraud and/or Compliance and/or Legal teams shall notify the Marketing Partner promptly of the nature of the fraud and of the identity of the perpetrator of the fraud. The Marketing Partner shall rectify the situation within forty-eight (48) hours of the notification. If the situation cannot be clarified to the satisfaction of the Programme Partner within the stated 48 hours, the Programme Partner shall be entitled to terminate the agreement with the Marketing Partner with immediate effect, and to withhold any outstanding commission payments generated after the 48-hour period provided has not resulted in any satisfactory remedy.
7. Reporting – Data Protection
7.1. The Programme Partner shall provide online reporting to each Marketing Partner detailing registrations, new referred players, and commission payable from each of the Operators that the Marketing Partner promotes.
7.2. The Programme Partner will enable the Marketing Partner to access the above-mentioned information online. Should this not be possible at any stage, the Operator shall provide reports via e-mail detailing the information mentioned above. It is understood that access to the system is not a pre-condition of membership of the AdmiralBet Partners Programme.
7.3. The Programme Partner considers privacy (data protection), information security and reliability crucial to the success of the AdmiralBet Partners Programme. In this regard, reporting does not include any player information which would be considered personal data under (i) the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”), (ii) any and all supplementary acts and national data protection laws adopted accordingly and (iii) guidelines or similar acts issued by the relevant data protection authorities and gaming regulators, as applicable.
8. Payment
8.1. The commission will be calculated twice in a calendar month (on the 1st and on the 15th day of the month, respectively, the “Commission Calculation Date”) in accordance with the Marketing Partner’s chosen payment plans, after the Marketing Partner has completed the registration process and/or when the Programme Partner has activated additional tracking links.
8.2. The Marketing Partner will only be able to select the available payment plan options upon registration. Other payment plans may be available at a later stage, at the discretion of the Programme Partner’s representative. The Marketing Partner may, at any time, contact the Programme Partner’s representative to discuss other possible payment plan options that may be available.
8.3. For the sake of clarity of payment terms and their meaning, the payment option plans that a Marketing Partner can be associated with, and their respective terms, are listed below. The terms and their meanings only describe the characteristics and do not represent the value of commission or the value required to trigger commission:
i. CPA payment plan (also known as a “Cost per Acquisition Plan”) is based on an amount to be received for each newly referred player that the Marketing Partner introduces via the Marketing Partner’s Tracker ID. CPA calculation can be triggered at various points of acquisition, depending on the set-up of the CPA commission deal. The set-up, depending on the criteria, can also be specific to the acquisition of players who participate in a product vertical (i.e. Slots or Sports). However, this is outlined in the commission deal and visible within the AdmiralBet Partners Programme Software.
ii. Revenue Share Payment Plan is based on the commission percentage of the Marketing Partner deal, which is taken from the generated revenue of the Marketing Partner’s acquired players through their Tracker ID. Prior to these, certain deductions from the revenue (such as Converted Bonus Money, Tax and Handling Fee) are incurred. The set-up, depending on the criteria, can also be specific to the acquisition of players who participate in a product vertical (i.e. Slots or Sports). However, this is outlined in the commission deal and visible within the AdmiralBet Partners Programme Software.
iii. Time-Limited Revenue Share Payment Plan is based on the commission percentage of the Marketing Partner deal, which is taken from the generated revenue of the Marketing Partner’s acquired players during the first 360 days after player registration. Prior to these, certain deductions from the revenue (such as Converted Bonus Money, Tax and Handling Fee) are incurred. The set-up, depending on the criteria, can also be specific to the acquisition of players who participate in a product vertical (i.e. Slots or Sports). However, this is outlined in the commission deal and visible within the AdmiralBet Partners Programme Software.
iv. Hybrid payment plan is based on the characteristics mentioned above of both the CPA payment plan and the Revenue Share Payment Plan collectively for a referred player. The set-up, depending on the criteria, can also be specific to the acquisition of players who participate in a product vertical (i.e. Slots or Sports). However, this is outlined in the commission deal and visible within the AdmiralBet Partners Programme Software.
8.4. The Marketing Partner is entitled to receive commission calculated according to the applicable payment plans that are allocated to the Marketing Partner’s tracking links during the term of this agreement or while the player concerned is still active on the Operator’s Website. For the avoidance of doubt, the Marketing Partner will not be entitled to receive any commission for revenues generated by any players not generated via the Marketing Partner’s tracker URL, or already registered on the Operator’s Website(s) except as set out in the payment plans the Marketing Partner has chosen for the Operator’s Website(s) and which form part of the AdmiralBet Partners Programme. Furthermore, any acquisition of players generated via fraud traffic (as defined in Section 7.), if so considered at the Programme Partner’s sole discretion, will be not taken into account for the purposes of the commission.
8.5. The Operator reserves the right to change a Marketing Partner’s commission payment plan as regards future referrals, and if existing user referrals are needed, for justified reasons including, but not limited to:
i. non-performance;
ii. inactivity;
iii. suspicious fraudulent activity;
provided that this change is notified to the Marketing Partner via the provided contact e-mail address.
8.6. The Marketing Partner understands that when it chooses the Revenue Share Payment Plan, the revenue per user is the amount that each referred player’s account is debited with as consideration of the referred player’s participation in the games, minus the amount of bonus money that the respective user has converted into winnings when wagering such amounts in games or tournaments on the Operator’s Website(s). The flat fee percentage as “Handling fee” (in particular chargebacks, service costs, transaction costs, taxes due on the offering of games, licence costs, fees to be paid to third parties’ software and service providers, marketing costs, etc.) is deducted from such an amount. The remainder is considered as the commission base and is the basis for calculation of the revenue share.
8.7. Revenue share payment plans may include an expiry period, meaning that a period of time will be stipulated in the Revenue Share Payment Plan during which the actions of the referred users will be included in the commission. Any actions by the referred user after the stipulated expiry period will not form part of the Revenue Share Payment Plan. The stipulated expiry period starts from the date of the user’s registration under the Marketing Partner’s referred tracker. For the avoidance of doubt, the expiry period, if stipulated, is mentioned in the commission visible in the AdmiralBet Partners Programme Software.
8.8. In the event that suspicions are raised as to the use of fraudulent elements in order to raise a particular commission, the Programme Partner may withhold payment of that commission and all future commission until it is satisfied that no fraudulent methods were used. Where fraudulent methods have in fact been used, payment of such commission shall not therefore take place and the Marketing Partner’s agreement shall be terminated immediately.
8.9. The commission shall be paid to the Marketing Partner by the Programme Partner and shall – if possible – be credited via the chosen payment method of the Marketing Partner within fifteen (15) days from the Commission Calculation Date. If the payment method or the Marketing Partner company information (including, but not limited to, Company legal name, VAT number, address) is changed by the Marketing Partner within a period of 24 hours before the Commission Calculation Date, the payment will be delayed and made on the next Commission Calculation Date. The Programme Partner shall not be held liable for any delay caused by technical reasons and events which are beyond the Programme Partner’s and/or the Operator’s reasonable control.
8.10. The commission can only be paid out if the credit has reached a minimum amount of fifty euros (EUR 50.00-). If this requirement is not met, the commission shall be carried over until a total of fifty euros (EUR 50.00-) has been accumulated.
8.11. General clarification as to the minimum amount and commission: if a Marketing Partner is awarded a hybrid plan, or covering the duration of the Marketing Partner participation, and the Marketing Partner had multiple deals of standalone CPA plans and revenue share plans, the Marketing Partner’s commission total is based on the totals of the CPA component of the payment plan and the revenue share components of the payment plan collectively.
8.12. Negative revenues will be balanced to zero and will not be carried over to the next period of commission calculation (no negative revenue carry over), with the exception of bonus money and other deductions.
8.13. All taxes due in connection with any payments to the Marketing Partner shall remain the Marketing Partner’s sole liability at all times. The Marketing Partner is responsible for complying with any rules governing the registration for and payment of income tax and similar taxes in respect of the Marketing Partner’s income from this agreement and for collecting and paying the income tax and social security contributions in respect of the Marketing Partner’s staff, if the Marketing Partner has any staff. If Value-Added Tax (VAT) or any other sales tax, gaming tax or turnover tax is chargeable, the Marketing Partner is responsible for complying with any rules for registering for tax and collecting and paying tax in the country where the services are provided and the Marketing Partner acknowledges that the payments that it receives shall be deemed to include all VAT or sales tax or turnover tax.
8.14. The Marketing Partner shall comply with all applicable laws and any policy notified by the Programme Partner through the Operator’s Website or otherwise in relation to money laundering and/or the proceeds of crime.
8.15. The standard commission is to be paid based on self-billed invoices. Should a Marketing Partner activity statement instead be required and, upon such request, be accepted by the Programme Partner, payment may only be made upon presentation of the invoice no later than 15 days after the specific Commission Calculation Date. Upon approval by the Programme Partner, the payment will be credited after fifteen (15) days and paid according to the payment method stated on the invoice.
8.16. Bank charges for international money transfers are settled on a shared cost basis. The Programme Partner will pay the fees for the payment order, while the Marketing Partner will pay the charges of any intermediary bank (and those of their own bank, if any). The intermediary bank fees are deducted from the amount transferred to the Marketing Partner.
9. Intellectual Property (IP)
9.1. Intellectual Property Rights means rights to all existing and future patents, trademarks, design rights, service marks, trademarks, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered, and including applications for registration), know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof, including the words “ADMIRALBET” (in any capitalisation, font or format) and/or any logo, mark, domain name or trade name that contains, is confusingly similar to or comprises the Operator’s marks (or parts thereof), or any other name or mark owned from time to time by the Operator or any third party.
9.2. The Marketing Partner acknowledges and agrees that all Intellectual Property Rights are exclusively vested, and shall remain vested, in the Programme Partner and its Operator. The Marketing Partner further understands and agrees that it is prohibited from sub-leasing, reselling, licensing and/or distributing any corresponding intellectual property or rights to any third parties without the prior written consent of the Programme Partner.
10. Termination
10.1. The term of this agreement will begin with the Marketing Partner’s first registration and continue until terminated in accordance with these T&Cs. Termination can be requested by either party and for any reason. For the purpose of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
10.2. Termination by the Marketing Partner: The Marketing Partner may terminate the agreement immediately and without cause, upon written notice to Programme Partner. Such notice shall be considered as duly provided if the Marketing Partner sends an e-mail with the subject line “Termination AdmiralBet Partners Programme” to the e-mail address of the Programme Partner provided in Section 1. Termination of the agreement will end the Marketing Partner’s participation in the AdmiralBet Partners Programme as a whole. Immediately upon termination:
i. The Marketing Partner must remove the Operator’s marketing material from his websites and disable any links from the Marketing Partner websites or other online activity to the Operator’s Website(s).
ii. All rights and licences given/transferred to the Marketing Partner by virtue of these T&Cs shall immediately be terminated.
iii. The Marketing Partner will return to Programme Partner or destroy, upon the latter’s instructions, any confidential information and all copies thereof in the Marketing Partner’s possession, custody and control and will cease any and all use of any trade names, trademarks, service marks, logos and other designations.
iv. The Programme Partner may leave open, redirect or deactivate any tracker at the Programme Partner’s sole discretion without any obligation to pay the Marketing Partner for players who subsequently become real money players.
v. The Marketing Partner and Programme Partner will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, with the exception of any confidentiality obligations, including these mentioned in Section 11.2.iii and Section 12 of these T&Cs. Termination will not relieve the Marketing Partner from any liability arising from any breach of this agreement that occurred prior to termination.
vi. The Marketing Partner will not be entitled to any commission after the stated date of termination.
10.3. Termination by the Programme Partner: The Programme Partner reserves the right to terminate this agreement at any time without cause and for any reason, including but not limited to cases where the Marketing Partner:
i. Performs fraudulent conduct pursuant to the terms set out in Section 7.
ii. Breaches the obligations of Clause 6 and 10 or any other rules of these Terms and Conditions.
iii. Termination will be communicated through the delivery of an e-mail to the e-mail account provided by the Marketing Partner in the Marketing Partner’s account, during their registration with the AdmiralBet Partners Software.
iv. In the event of termination, the commission shall be calculated up until the date of termination unless there has been a violation of Section 7. The Marketing Partner will be entitled only to unpaid referral fees, if any, earned by the Marketing Partner on or prior to the date of termination, where this does not coincide with any violations.
11. Policies and Confidentiality
11.1. The Programme Partner hereby grants the Marketing Partner a non-exclusive, revocable, non-transferable licence, during the term of this agreement, to use any IP with regards to the approved marketing materials for the display on the Marketing Partner Website and for the sole purpose of the agreement. This licence cannot be sub-licensed, assigned, sold or otherwise transferred by the Marketing Partner without the Programme Partner’s prior written approval. The Programme Partner has the right to terminate this licence at any time by providing written or electronic notification to the Marketing Partner. The Marketing Partner guarantees to maintain the e-mail address stored during the registration with the AdmiralBet Partner’s Software and to always inform Programme Partner should this e-mail address change. A notification sent to the stipulated Programme Partner’s e-mail address (as provided in Section 1) is accepted as sufficient for any communication regarding this contract.
11.2. The Marketing Partner shall not contest the ownership of the IP, and shall not take any action that may invalidate or weaken the validity of the IP or diminish the IP’s associated goodwill.
11.3. The Marketing Partner shall cease to use all IP upon being notified to do so by the Programme Partner (either by electronic or written notification) or any other termination of this agreement.
11.4. The Operator of the Operator’s Website(s) assumes ownership of the player at the point of the first contact with the visitor. The Marketing Partner acts as a provider of promotional services for the Programme Partner and its Operators and their website(s). The Operator of the Operator’s Website(s) reserves the right to refuse players and/or to close their accounts, in accordance with the General Terms and Conditions applicable to the Operator’s Website(s).
11.5. In the event that any player’s account(s) is suspended and/or closed by the Operator, and subsequently reactivated at a later stage, such player(s) will be reassigned/retagged to the Marketing Partner and the Marketing Partner will be entitled to earn referral fees in respect of such player in accordance with the prevailing commission model.
11.6. When a Player opens an account on the Operator’s Website, that person will become the Operator’s customer and, accordingly, all website terms and conditions will apply to them.
11.7. The Marketing Partner may receive confidential information from the Programme Partner, including confidential information as to the Operator’s marketing plans, marketing concepts, structure, payments and other information relating to the Operator’s business operations. This information is confidential to the Operator and constitutes part of the Operator’s proprietary trade secrets. The Marketing Partner shall not disclose this information to third parties or use such information other than for the purposes of this agreement without the Programme Partner’s prior written consent, save as expressly required by law (provided any such disclosure is only to the extent so required).
11.8. The Marketing Partner agrees to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless the Marketing Partner has the Programme Partner’s prior written consent, and provided the Marketing Partner will use the confidential information solely for the purpose of this agreement. The Marketing Partner’s obligations with respect to confidential information shall survive termination of this agreement.
12. Miscellaneous
12.1. Notices. All notices pertaining to this agreement will be provided by e-mail as follows:
i. to the Marketing Partner, at the e-mail address provided by the Marketing Partner on the Marketing Partner sign-up form, as subsequently updated by the Marketing Partner in the event of amendments; and
ii. to the Programme Partner, at the e-mail address provided in Section 1 of these T&Cs.
12.2. Relationship between parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between the Marketing Partner, the Programme Partner and its Operator to which the Programme Partner provides a service under this agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided for in this agreement.
12.3. Non-Exclusivity. The Marketing Partner understands and accepts that the Programme Partner may at any time (directly or indirectly), agree to marketing terms with other Marketing Partner/s on the same or different terms as those provided to the Marketing Partner in this agreement, and that such Marketing Partners may be similar, and even compete with the Marketing Partner.
12.4. Press. The Marketing Partner may not issue any press release or other communication to the public with respect to this agreement, the Operator’s marks or the Marketing Partner’s participation in this AdmiralBet Partners Programme without the Programme Partner’s prior written consent, except as required by law or by any legal or regulatory authority.
12.5. Assignment. Except where the Marketing Partner has received the Programme Partner’s prior written consent, the Marketing Partner may not assign by law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this agreement or any rights under this agreement, or sub-contract any or all of the Marketing Partner’s obligations under this agreement, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.
12.6. Governing Law. This agreement (including any variation or modification thereto) shall be deemed executed in Malta and shall be governed by and construed in accordance with the laws of Malta, without giving effect to conflicts of law principles. The Marketing Partner irrevocably agrees that, except as provided for below, the courts of Malta shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of, or in connection with, or concerning this agreement or its enforceability, and the Marketing Partner waives any objection to proceedings in such courts on the grounds of jurisdiction or on the grounds that proceedings have been brought in an inconvenient forum. Nothing in this clause shall limit the right of the Programme Partner to take proceedings against the Marketing Partner in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdictions.
12.7. Severability. Whenever possible, each provision of this agreement will be interpreted in such a manner as to be effective and valid under the applicable law. However, if any provision of these T&Cs is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this agreement or any other provision hereof.
12.8. Entire Agreement. This agreement and the Marketing Partner sign-up form embody the complete agreement and the parties’ understanding with respect to the subject matter hereof and supersedes any prior or subsequent oral or written agreement or understanding between the parties in relation to such subject matter, except regarding modifications to this agreement provided by the Programme Partner to the Marketing Partner in accordance with Section 3 above. Each of the parties acknowledges and agrees that, in entering into this agreement, it has not relied on any statement, representation, guarantee or warranty, understanding, undertaking, promise or assurance (whether negligently or unknowingly made) by any person (whether party to this agreement or not), other than as expressly set out in the agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies that, but for this clause, it may otherwise have had in relation to any of the foregoing. Nothing in this section shall limit or exclude any liability for fraud.
12.9. No Waiver by the Programme Partner. If there is a breach of any provision of this agreement, it shall not be considered a waiver of any subsequent breach of the same or any other provision.
12.10. The Marketing Partner shall defend, indemnify and hold AdmiralBet Programme Marketing Partner and the Programme Partner’s officers, directors, employees and representatives harmless, upon request, from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) resulting or arising (directly or indirectly) from the Marketing Partner’s breach of this agreement.
12.11. The Programme Partner’s obligations under this agreement do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or suppliers of the Operator’s Website(s) or services, other than as provided under this agreement. Other than as expressly provided in these T&Cs, in no event will the Programme Partner be liable for any direct, indirect, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether the Programme Partner has been advised of the possibility of such loss), including any loss of business, revenue, profits or data. The Programme Partner’s liability under this agreement, whether contractual or for breach of statutory duty, or in any other sense, shall only be for direct damages and shall not exceed the revenues generated and payable to the Marketing Partner in relation to the Operator’s Website(s) forming the object of the dispute to over the previous twelve (12) months, at the time that the event giving rise to liability arises. However, nothing in this agreement will function to exclude or limit either party’s liability for death or personal injury arising as a result of that party’s negligence or for fraud.
These constitute all the stipulated clauses of the Terms and Conditions for the AdmiralBet Partners Programme. Should there be any queries, please contact us.