AFFILIATE PARTNER AGREEMENT

Entered into by

bet-at-home.com International Ltd. (hereinafter "bet-at-home")

Cornerstone Business Centre, Level 2, Suite 1

Pjazza s – 16 ta’ Settembru

Mosta, MST 1180

MALTA

and

....................... (hereinafter "Affiliate Partner")

1. GENERAL TERMS OF AGREEMENT

1. bet-at-home.com International Ltd., Malta is a company belonging to bet-at-home.com AG, Düsseldorf, which is responsible for processing all customer payment transactions. bet-at-home also offers its users numerous statistics, news, chats and competitions.

2. The Affiliate Partner maintains and operates one or more websites on the internet (hereinafter referred to collectively as "Website") and can confirm that the Website is in their name and that they have full disposal of the Website and its content.

3. By accepting the Affiliate Partner Agreement (see pt. 3), the Affiliate Partner gives their consent to the provisions stated in the contract.

4. bet-at-home reserves the right to amend, delete or add to any of the provisions of the Affiliate Partner Agreement, at any time and at its sole discretion, without giving any advance notice and without stating reasons as to why. Any changes will be published on bet-at-home.

2. SUBJECT OF AGREEMENT

1. The purpose of the Affiliate Partner Agreement is the integration of advertising materials provided by bet-at-home on the Affiliate Partner's Website.

2. bet-at-home will provide the Affiliate Partner with a selection of advertising materials (e.g. banners, texts, graphics and logos). Implementing one or more of these advertising materials means that website users can, by clicking on the appropriate symbols, directly access the bet-at-home website. bet-at-home reserves the right to change, limit, or provide new advertising material at any time.

3. CONCLUSION OF AGREEMENT

1. bet-at-home will provide an online application form, which is to be filled out by the Affiliate Partner and sent to bet-at-home. The Affiliate Partner will receive a confirmation e-mail from bet-at-home immediately after bet-at-home has received their registration. This validates the Affiliate Partner Agreement. bet-at-home reserves the right to refuse an application without stating reasons as to why. Promotional agreements that have not been received via the online application form do not fall under the scope of this Affiliate Partner Agreement.

2. The Affiliate Partner will be assigned a partner ID upon conclusion of the Affiliate Partner Agreement. The customers who are procured via the link on the Affiliate Partner's Website, and their bets, will be registered with the help of an assigned ID link code via the partner programme.

3. After accepting the Affiliate Partner Agreement, the Affiliate Partner will acquire a non-transferable right, which can be terminated at any time, to adjust or use the provided link(s) or banner code(s) for the purpose of establishing a link to the bet-at-home website. This right does not include the authority to change or edit the link, unless bet-at-home has agreed to this in writing beforehand. The licence to use the link(s) or banner code(s) expires with the termination of the Affiliate Partner Agreement.

4. The copyright for the design of the framework of the link provided within the framework of the partner programme, as well as any other information that is available on bet-at-home’s website, remains exclusively with bet-at-home.

5. A change in the URL of the Affiliate Partner's Website must be stored in the and without prejudice to the rights and obligations stipulated by this Affiliate Partner Agreement.

6. bet-at-home reserves the right to close a market without stating reasons as to why, at any time and without prior announcement. Each Affiliate Partner is obliged to inform himself or herself about the closed markets independently, and to make corresponding adjustments (see Point 3.7). An updated list of closed markets can be found at https://www.bet-at-home.com/en/terms#D.

7. bet-at-home explicitly states that only people with permanent, habitual, or temporary residence in one of the countries listed in the customer’s General Terms and Conditions, Point D.4 (https://www.bet-at-home.com/en/terms#D), may open a betting account with bet-at-home. Provided that no legal regulations are contravened, a partner account may also be opened in a country which is not mentioned above as long as advertisements are only displayed in the countries listed in the aforementioned link.

8. bet-at-home reserves the right to end the Affiliate Partner Agreement with the Affiliate Partner if their site is deemed to be inappropriate. This is at the sole discretion of bet-at-home. Inappropriate sites include those which are aimed at children, are pornographic or depict other illegal sexual activity, promote violence, discriminate based on race, sex, religion, nationality, disability, sexual orientation or age, promote illegal activities, or infringe on intellectual property.

4. OBLIGATIONS OF THE AFFILIATE PARTNER

1. The Affiliate Partner hereby confirms that they are of legal age in their country in order to enter into the Affiliate Partner Agreement, as well as that they are competent and duly authorised to enter into a binding agreement in accordance with the purpose of the Agreement.

2. The Affiliate Partner will recommend bet-at-home to potential players at their own expense. The Affiliate Partner is solely responsible for the distribution, content and the nature of their marketing activities. All marketing activities must be professional and proper, as well as lawfully operated in compliance with the applicable laws as well as this Affiliate Partner Agreement.

3. The Affiliate Partner is obliged to only use links, banner codes and advertising material made available by bet-at-home on the affiliate platform.  These may only be used on websites or other media listed in the affiliate programme. The Affiliate Partner is solely responsible for the correct technical use of the links and banner codes. The Affiliate Partner may only use material associated with bet-at-home that they have created themselves or adapted or combined with the prior, express written consent of bet-at-home. This also applies to other types of advertising used by the Affiliate, such as using e-mails or text messages for marketing purposes. bet-at-home accepts no responsibility for advertising material that was changed by the Affiliate Partner without authorization or prior consent from bet-at-home. The Affiliate Partner is responsible for any copyright infringement, damages or liability claims from third parties caused by the use of unauthorised materials, and indemnifies and holds bet-at-home harmless. The Affiliate Partner undertakes to compensate bet-at-home for any disadvantages which bet-at-home suffers due to misconduct on the part of the Affiliate Partner. This includes, among other disadvantages, claims made by the authorities, such as e.g. penalties or voluntary compensatory payments due to threatened licensing procedures.

4. The Affiliate Partner may not place marketing material on websites or other media whose content infringes the intellectual property of third parties or facilitate such an infringement. bet-at-home reserves the right to deactivate the entire tracker and to terminate the Affiliate Partner Agreement immediately and without prior agreement. Moreover, in the event that a third party whose intellectual property rights have been infringed upon makes a claim, the Affiliate Partner undertakes to make complete reparations to bet-at-home or the third party whose rights have been infringed upon.

5. The Affiliate Partner takes full responsibility for the development, operation and maintenance of their Website and all materials that appear on the Website. In particular, the Affiliate Partner ensures that the content on their Website does not contain any display of violence, sexual, discriminatory or other illegal statements or content.

6. The Affiliate Partner will not present their Website in such a way that might evoke any risk of confusion with the bet-at-home website, or convey the impression that the Affiliate Partner partly or fully originates from bet-at-home.

7. The Affiliate Partner may not use the name of bet-at-home or other company terms or trademarks, other than those implemented via the installation of advertising material on their Website. The Affiliate Partner must, in particular, abstain from using the bet-at-home logo or those which are confusingly similar to that of bet-at-home.

8. The Affiliate Partner must pay attention to the trademarks and name rights of bet-at-home when carrying out a search engine campaign that aims to improve its search engine ranking. The Affiliate Partner also agrees not to use search terms (keywords) or mistyped domains that are similar to bet-at-home or other related trademarks that are the property of bet-at-home. Furthermore, the Affiliate Partner acknowledges that cookie spreading is strictly prohibited.

9. The Affiliate Partner will hereby abide by the guidelines of eCOGRA, an approved testing agency with several online gaming jurisdictions.

10. bet-at-home reserves the right to withhold all commission payments which the Affiliate Partner would otherwise have been entitled to if bet-at-home determines at its sole direction that

• the Affiliate Partner sends spam e-mails or the service of bet-at-home is applied in any other unauthorised form,
• the customer, who was recruited by the affiliate partner and/or respective sub-affiliate websites, claims a refund of all or some stakes via court.
• the Affiliate Partner abuses the Affiliate Partner Agreement for personal gain or the gain of third parties by registering as a player and/or by making deposits to a betting account via their own tracking links for the purposes of fraud. Furthermore, the direct recruitment of individuals known personally to the Affiliate Partner (especially family members, relatives, and friends) is only permitted with the prior, express permission of bet-at-home, or
• the Affiliate Partner communicates the minimum criteria for the triggering of a CPA (incentivised traffic) without the prior, express permission of bet-at-home.

11. The Affiliate Partner ensures that they will use permissible promotional materials in all markets only according to the relevant laws. Any fines or penalties for breaching this rule are the responsibility of the Affiliate Partner.

12. "Pop-up banners" or "Pop-under banners" (which automatically open a browser window when a site is opened or when a link is clicked) may only be used by an Affiliate Partner with the express written consent of bet-at-home. bet-at-home reserves the right to limit, withhold the commission of, or completely end advertising campaigns at any time when advertising as described above has been used.

13. Affiliate Partners of bet-at-home are obliged to regularly check their partner account to keep up to date with important updates, changes and promotions.

14. The Affiliate Partner is responsible for ensuring the secrecy of their access data and for preventing unauthorised third parties from using the account.

15. If the Affiliate Partner commits acts that are illegal under applicable law, committed with intent to harm, or committed with the intent to defraud bet-at-home, the agreement will be terminated with immediate effect and the Affiliate Partner shall be liable for the damage incurred. This means the following acts: fraud, collusion, abuse of bonuses or other promotions, violation of anti-money laundering laws, other laws or regulations, spamming, advertising or false statements, use of stolen and / or forged credit cards and the unauthorised use of intellectual property rights.

5. AFFILIATE PARTNER RIGHTS

1. bet-at-home will provide the Affiliate Partner with all necessary information and marketing materials for the proper implementation of the tracking link(s).

2. bet-at-home will administrate the turnover generated via the links, record the gross profits and the total amount of commission earned via the link, provide the Affiliate Partner with commission statistics, and handle all customer service related to the business.

3. bet-at-home's tracking reports are decisive should there be any discrepancies.

6. COMMISSION PLAN

1. bet-at-home agrees to pay the Affiliate Partner commission calculated using the new revenue generated by new customers recruited via the Affiliate Partner’s Website and/or respective sub-affiliate websites. The net revenue will be calculated using the following formula:

Gross revenue – Chargeback (including stakes reclaimed by customers) – Bonus – Taxes – Betting fees - Admin Fee = NET REVENUE

The commission will be the sum of a percentage of the net revenue accrued from the users directly attracted by the Affiliate Partner (level 1) and a percentage of the net revenue accrued from users recruited from the sub-affiliate websites.

New customers are bet-at-home customers who did not already have a betting account and accessed bet-at-home via the Affiliate Partner's website and registered and deposited real money to their betting account.

Commission plan:

The commission will be a share of the sum of the net revenue. The commission for each level is defined as follows:

• Level 1: 30% of net revenue
• Level 2: 10% of partner commission
• Level 3: 5% of partner commission

Explanation of the levels:

• Level 1: Customers directly registered through the Affiliate Partner.
• Level 2: Customers registered through an Affiliate Partner who is already operative.
• Level 3: Customers registered through an Affiliate Partner who is both already operative and was acquired through another Affiliate Partner who was already operative.

2. The commission is calculated at the end of each month and payments will be carried out by the 20th of each calendar month, provided that the amount due exceeds 50 EUR ('minimum threshold') and is requested in the affiliate programme. If the balance due is less than the minimum threshold, it will be carried over to the following month and paid out when the amount exceeds the minimum threshold. When calculating the commission, a 20% administrative fee will be charged.

3. A negative account balance at the end of the month is carried over to the following month.

4. Due to legal regulations, no variable remuneration, in particular remunerations depending on turnover, deposits or stakes, must be agreed upon with or paid to affiliate partners for customers from Germany.

5. The payment of commission is based on the method of payment chosen by the Affiliate Partner in the withdrawal request. Three possible withdrawal methods are available:

• Bank transfer
• Skrill
• Neteller

6. If an error is made in calculating the commission, bet-at-home reserves the right to correct such calculations at any time and will immediately pay out in the case of underpayment or reclaim funds in the case of overpayment to the Affiliate Partner.

7. The following restrictions are to be noted should the affiliate partner choose Skrill or Neteller as their payment method:

• If the affiliate partner opened their Skrill or Neteller account in one of the following countries, he/she will not be able to make a withdrawal to their account:

Skrill

• Afghanistan
• American Samoa
• China (PRC)
• Cuba
• Eritrea
• Guam
• Hong Kong
• Iran
• Iraq
• Israel
• Japan
• Kyrgyzstan
• Libya
• Macau
• Northern Mariana Islands
• North Korea
• Puerto Rico
• Singapore
• Sudan
• Syria
• Turkey
• United Arab Emirates
• United States of America
• U.S. Minor Outlying Islands
• U.S. Virgin Islands

Neteller

• Belgium
• Canada
• Hong Kong
• Israel
• Macau
• Turkey
• United States of America
• Neteller payments can only be made to "member accounts". It is not possible to make a payment to "merchant accounts".

8. The Affiliate partner can decide for himself whether he would like to have the commission paid out all at once or in instalments. He can also decide via which payment service provider (Skrill, Neteller, bank) he would like to receive the payment. 

9. If the Affiliate Partner disagrees with the sum due, they should send an e-mail to the company ([email protected]) within thirty (30) days indicating the reasons for the dispute. Failure to send an e-mail within the prescribed time limit will be considered an irrevocable acknowledgement of the balance due for the period indicated.

10. bet-at-home has the right to delay a payment of any balance to the Affiliate Partner for up to one hundred and eighty (180) days. This time period is used to investigate and verify the compliance of relevant transactions with the provisions of these terms and conditions.

11. No payment shall be due if the traffic has been illegally generated or contravenes any provision of these terms and conditions.

12. The Affiliate Partner agrees to return all commission received based on fraudulent or falsified transactions as well as all additional costs for legal causes or actions that may be related to the case. The affiliate partner irrevocably authorises bet-at-home to deduct any commission, that was received for customers acquired via the website of the affiliate partner and/or sub-affiliate websites, from pending or future payments if those customers sue for a refund of stakes or losses. Further, the affiliate partner agrees to pay back any commission, that was received, within five working days of being asked to if bet-at-home receives a legal complaint from a customer and there are no pending or future commission payments for the affiliate partner available.

13. bet-at-home reserves the right to set limits on the activity of Affiliate Partner accounts. Minimum activity levels will be continuously reviewed and the company moreover reserves the right to restrict any agreement not reaching the minimum level. This limit shall not be unreasonably high and is essentially an expression of intent to avoid accounts, the income of which does not cover the internal invoice and payment costs.

14. Sub-Partners: The Affiliate Partner may refer others (sub-partners) to bet-at-home, who may also apply to join the partner programme. The Affiliate Partner will be paid in relation to the activities of such sub-partners in accordance with the commission plan. The valid version of these terms and conditions is the latest version published at https://aff.bet-at-home.com/ which will be used for any future calculations. The Affiliate Partner will only be paid for their acquired sub-partners who meet all of the applicable terms of this contract. Any person registered as an Affiliate Partner cannot subsequently be reclassified as a sub-partner. The Affiliate Partner shall not:

• register themselves or any person controlled by them as their own sub-partner,
• use fictitious or alias names for the registration of sub-partners,
• offer any type of enticement of money or of other monetary value to potential sub-partners unless such enticements are approved in writing by bet-at-home, or
• attempt to supplement or modify the existing terms and conditions of bet-at-home in relation to any potential sub-partner.

Any violation will result in the immediate closure of the Affiliate Partner’s account.

15. The Affiliate Partner may apply for a restructuring of their commission plan. Approval or rejection of this application will be decided at the sole discretion of bet-at-home. Examples of alternative revenue sources should include a cost per acquisition (CPA) module. If the Affiliate Partner, on the basis of the company's offer, decides on a different commission plan structure (other than that of the corresponding standard commission structure stated in this contract), the Affiliate Partner automatically accepts that the new proposal of their commission structure replaces the existing structure in its entirety. Notwithstanding the aforementioned, all of the Affiliate Partner's obligations assumed under this present Agreement will continue to apply to the Affiliate Partner in accordance with the terms and conditions of this contract.

16. The Affiliate Partner is exclusively responsible for the payment of any taxes, duties, charges or any other fees payable to both local and foreign (if applicable) tax authorities, departments or other relevant bodies which may arise as a result of the revenue generated by this Affiliate Partner Agreement. bet-at-home shall not be held responsible by the Affiliate Partner in any way for any unpaid, but declared, amounts that may arise from the affiliate programme.

17. The Affiliate Partner agrees to request a payout of the earned commission within 12 months. If the last payout request was longer than 12 months ago then bet-at-home reserves the right to withhold part of the credit.

18. From December 1, 2020, the commission for players from Germany is only calculated for verified accounts. The deciding month is the month in which the verification is completed.

7. TERMINATION

1. This Affiliate Partner Agreement may be terminated by either party without stating reasons as to why and without a period of notice by written notification, such as by e-mail, to the other party.

2. In this case, the Affiliate Partner must remove all links and banner codes implemented from bet-at-home, regardless of whether the communication is commercial or otherwise. The Affiliate Partner has neither a right of retention, nor a right of appeal.

3. As of the effective date of the termination of the Agreement, the Affiliate Partner agrees not to use any banners, logos or other names of bet-at-home.

4. If, in the event of termination, the balance is less than the minimum amount as stipulated by Point 6 Item 2 of this Affiliate Partner Agreement, bet-at-home reserves the right to withhold such funds as a handling fee.

5. bet-at-home reserves the right to terminate the Affiliate Partner Agreement as stipulated by Point 7 Item 1 of this Affiliate Partner Agreement or to reduce commission if the Affiliate Partner, for whatever reason, does not generate any or generates significantly fewer new customers than in a comparable period in the past. bet-at-home will evaluate the results regularly and inform the Affiliate Partner if they no longer meet the necessary criteria.

6. After the termination of the Affiliate Partner Agreement, the Affiliate Partner will no longer be entitled to any further remuneration. bet-at-home may however retain the Affiliate Partner's final payment for a reasonable time to ensure that the correct amount is paid.

7. If this Agreement is terminated by bet-at-home due to the Affiliate Partner's violation of the contract, bet-at-home is entitled to withhold the Affiliate Partner's earned as yet unpaid commission as of the termination date as collateral for any claim arising from such a violation.

8. After the effective date of the termination of the Agreement, the Affiliate Partner is automatically released from all obligations and liabilities with bet-at-home. The termination will not release the Affiliate Partner from any liability of damages arising from any breach of this Affiliate Partner Agreement which may have occurred prior to termination.

8. WARRANTY AND LIABILITY

1. The Affiliate Partner acknowledges and expressly agrees that use of the internet is at their own risk and that the partner programme is available without any guarantees and conditions. bet-at-home does not guarantee access to its website at any particular time or location.

2. bet-at-home is in no event liable to the Affiliate Partner or anyone else for any inaccuracies, mistakes or omissions, loss, injuries or damages caused soley or partly by failures, delays or interruptions caused by bet-at-home’s website or the partner programme.

3. Furthermore, the liability of the legal transaction representatives, the performance and procurement agents from bet-at-home is limited to intent and gross negligence. The liability of bet-at-home - for whatever reason - is limited by the commissioned amount paid to the contractor within the last three months.

8A. DATA PROTECTION

1. bet-at-home processes personal data transmitted by affiliate partner to bet-at-home. The personal data of affiliate partners and interested parties are treated confidentially. Further information on our privacy policy can be found here.

2. By filling out and sending the online application to bet-at-home, the affiliate partner accepts not only the provisions of the affiliate partner agreement but also the provisions of the data protection agreement including all schedules. The data protection agreement including all schedules is therefore deemed to be agreed with the affiliate partner agreement and is to be understood as an integral part of the affiliate partner agreement. The complete data protection agreement including all schedules can be found here.

9. GOVERNING LAW & JURISDICTION

1. This Affiliate Partner Agreement is governed by the laws of Malta and any disputes arising from this Affiliate Partner Agreement are under the jurisdiction of the Maltese courts.

10. MISCELLANEOUS

1. bet-at-home reserves the right to transfer this Affiliate Partner Agreement to a third party without the prior consent of the Affiliate Partner.

2. If any provision of this Agreement is held to be invalid then the original provision will be replaced by one that is closest to the purpose of the Affiliate Partner Agreement.

3. Information which is sent to the Affiliate Partner via e-mail, telephone, Skype or any other means is only intended for the Affiliate Partner and must not be passed on. If confidential information or conversations are illegally revealed then bet-at-home will deal with this accordingly. If information is unintentionally sent to the wrong recipient then the partner is obliged to request that they delete all messages and inform bet-at-home.

4. In the case of a discrepancy between the German version and other translated versions of this Affiliate Partner Agreement, the German version will be considered binding.

Last change on: 01.06.2023 (00:00 CEST)

Version: 2.10