Interactive Affiliates Guernsey Limited Affiliate Program Terms & Conditions
By signing up to be an Affiliate in our Affiliate Program, you agree to be bound by the following terms and conditions (including Schedule 1) (“Terms”). Please ensure you read them carefully before signing up. If you do not agree to these Terms (or are not authorized to do so) you cannot join the Affiliate Program. These Terms, together with any policies referred to and any supplemental agreement which may be entered into between you and us (“Supplemental Agreement”), are a legal agreement (“Agreement”) between Interactive Affiliates Guernsey Limited incorporated and registered in Guernsey with company number 55896, whose registered office is at PO Box 142, Suite 2, Block C, Hirzel Court St Peter Port, Guernsey, GY1 3HT (“Company”) and you (“Affiliate”, “you”).
You should print and store a copy of these Terms along with all confirmation emails reflecting your Affiliate activity.
Please note that if you are an individual, you must be 18 years of age or above to join the Affiliate Program, and that we only allow Company Players who do not have an existing account with any of the Brands, to join the Affiliate Program.
We reserve the right to update and change these Terms from time to time. We will use our reasonable endeavours to publish any changes on the Sites and Affiliate Area but we shall not be obliged to notify you of any such changes. You must check the Sites and Affiliate Area regularly for any changes. Any amendments, modifications, enhancements or changes to the Affiliate Program shall be subject to these Terms. Continued use of the Affiliate Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://partners.marathonbet.com/terms_and_conditions.asp.
If you have any questions regarding the Affiliate Program or these Terms, please contact us by email to affiliates_global@marathonbet.com.
1. Definitions and Interpretation
1.1
"Affiliate Account" and "Player Account" mean the uniquely assigned accounts created by the Group for an Affiliate or Player (respectively) when they successfully register for the same on the Sites. Affiliate Accounts and Player Accounts are kept completely separate and their respective login combinations (username/password) will only work on the Sites with which they were originally registered.
"Affiliate Area" means the area of the Site that is accessible to you and other affiliates and which provides certain 'member only' functionality, including facilities to check relevant statistics, manage campaigns, update your profile, create additional Tracking Links, and manage Tracking Links and Creatives.
“ Affiliate Channel(s)” means the marketing channel(s) through which the Affiliate chooses to promote the Group.
“ Affiliate Earnings” means an affiliate’s earnings (however they are calculated or otherwise arise).
"Affiliate Program” means the Company’s affiliate program which enables affiliates to promote the Brands supported by the Company in return for bounties and/or commissions on Players referred to the Group in accordance with these Terms.
"Balance” means the Affiliate Earnings due to the Affiliate.
“ Brands” means the brands promoted by the Group from time to time including but not limited to Marathonbet and Mbet.
"Creatives" means advertisement materials that can be used by the Affiliate to promote any of the Group and/or the Brands, as approved by the Group. These include but are not limited to banners, html mailers, editorial columns, images, logos, photos, drawings, sketches, emails, splash pages, web pages, CD-ROMs, business cards, flyers, pamphlets, brochures, guides, booklets, inserts, fold-outs, magazines, videos, software, flash movies, podcasts, video podcasts and microsites.
"Company Player” means a referral from the Affiliate, who is registered with the Group as a player but is yet to be categorised by the Group as a Qualified Acquisition or Unqualified Acquisition.
“ Confidential Information” means all information or data in whatever form and however recorded or preserved (including, without limitation, in written, recorded, visual, tape, disk, electronic or oral form) including without limitation research, developmental, employee, customers, clients, claims, plans, intentions, market opportunities, engineering, manufacturing, technical, marketing, sales, financial, operating, trade secrets, performance, cost, business, product and process information or data, know-how, and computer programming and other software and software techniques provided, disclosed or made available directly or indirectly by the the Group or their employees, officers, representatives or advisers to the Affiliate (including any information or analysis derived from the Confidential Information).
“ Cost per Acquisition (CPA)” means the payment to be made by the Company to the Affiliate in accordance with these Terms of an amount in Euros per new Qualified Acquisition agreed in writing by the Company and the Affiliate.
"Fraud Traffic" means transactions, deposits, withdrawals, revenues or traffic generated on the Services through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, including transactions involving stolen credit/debit cards, charge backs, collusion, manipulation of the service or system, bonuses or other promotional abuse, creation of false accounts for the purpose of generating Affiliate Earnings, and unauthorized use of any third-party accounts, copyrights, trademarks and other third party intellectual property rights (which, for the avoidance of doubt, includes our intellectual property rights). For further avoidance of doubt, any revenue generated by these means fall outside of the calculation of Affiliate Earnings.
“ Gross Revenue” means stake minus winnings by Players. For the avoidance of doubt winnings means the total return from a stake including the original stake.
"Group", “we”, “our”, “us” means, as appropriate, any of the Company, Panbet Curacao N.V., Marathonbet Spain, S.A., Marathon Alderney Ltd and Marathonbet Italy S.r.l and any other related companies of the Company from time to time.
"Intellectual property rights" means rights to all existing and future (whether registered or unregistered) patents, rights to inventions copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Marketing Materials" mean the Creatives and any other marketing materials (which may include the Marks) that have been provided or otherwise made available to you by the Group and/or pre-approved by the Group, including any Promotional Codes.
"Marks" means any trade marks, service marks, logos, devices and trade names of the Group from time to time including MARATHONBET and MBET..
“ Negative Carry Over Rule” means if the Balance at the end of a settlement period is negative, then, unless otherwise agreed in writing by the Company and the Affiliate, the negative Balance will be carried over to the upcoming settlement period.
“ Net Revenue” means the monthly Gross Revenue less costs (which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, free bets, loyalty bonuses, cashbacks and charge backs).
“ Players” means a Qualified Acquisition referred by the Affiliate to the Group.
"Promotional Code" means an alphanumeric code that is made available to the Affiliate to provide to prospective Players and which allows us to determine the origin of a Player.
"Qualified Acquisition" means a Company Player who has met one of the following conditions in order to be considered a true value Company Player. The criteria for qualification will be configured by the Group on a campaign basis and includes, but is not limited to, the following actions:
· First deposit amount (channel specific)
· Total deposit amount (channel specific)
· Total handle (channel specific)
· Minimum bet/buy amount (product and channel specific)
· Turnover amount (product and channel specific)
· Revenue amount (product specific)
· Is not a prior or existing customer or Player
· Is subject to the Group’s verification
· Uses a unique Promotional Code
“ Revenue Share” means commission (%) to be paid to the Affiliate by the Company in accordance with these Terms, based on the Net Revenue earned from the Players.
"Site(s)" mean any websites and any other online site or platform that is used, owned, operated or controlled by or on behalf of the Group from time to time.
"Services" mean the service(s) offered by us to Players on the Sites from time to time.
"Spam" means any unsolicited email or other electronic communication that you send.
“ Tipster Affiliate” means any Affiliate registered to promote any Site who provides sports betting outcome predictions on their Tipster Affiliate Platform.
“ Tipster Affiliate Platform” means any Affiliate Channel operated by a Tipster Affiliate for the purposes of directing users to a Site.
“ Tracking Link(s)” mean the tracker IDs and feeds (RSS) made available by us in the Affiliate Area which you may use to connect Players to our Services from your Affiliate Channel or using other Marketing Materials.
“ Turnover” means the total money wagered by each Player on the Sites during the relevant period, used by the Group to calculate a Player’s activity on a particular product..
“ Unqualified Acquisition” means a Company Player who is not considered to be a Qualified Acquisition.
1.2. The clause headings are included for convenience only and shall not affect the interpretation of these Terms.
1.3. Any phrase introduced by the terms "including", "include" or any similar expression shall be construed as illustrative and shall not limit the sense of the words prior to those terms.
1.4. Any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists).
1.5. This Agreement is drafted in the English language. If this Agreement is translated into another language, the English language text shall in any event prevail.
1.6. Any reference to a statute, statutory provision, ordinance, subordinate legislation, code or guideline ("legislation") is a reference to that legislation and all other subordinate legislation made under the relevant legislation as amended and in force from time to time and to any legislation that re-enacts or consolidates (with or without modification) any such legislation.
2. Signing Up and Registration
2.1. In order to participate in the Affiliate Program and enjoy the accompanying privileges and benefits, you must complete the appropriate affiliate sign up form for an Affiliate Account. 2.2. You represent and undertake that:
2.2.1 if you are an individual, you are 18 years of age or above; and
2.2.2 all information supplied by you when registering and completing the affiliate sign up form is accurate, true and complete in all respects. You shall also provide us with such other information as we may reasonably request from time to time. You acknowledge and agree that inaccurate, incomplete or inadequate information provided by you may cause the delay or retention of payment of your Affiliate Earnings until such time as such information is provided to us.
2.3. It is also your sole responsibility to ensure that the laws applicable to you do not prohibit you from participating in the Affiliate Program and performing your obligations hereunder.
2.4. We may require further evidence of identification to verify your application particulars. If there is any change to your registration details as originally supplied by you, you shall notify us of the relevant change without delay. We reserve the right to confirm your application particulars details by any means available to us.
2.5. We reserve the right, without liability to you, to reject your application without reference to you or assigning any reason thereto.
2.6. Employees of the Group or its related corporations, partners, agents, contractors, representatives and suppliers (including their immediate family members, spouses, partners and housemates) are not eligible to participate in the Affiliate Program.
2.7. The Affiliate Program specifically promotes Sites that do not provide gambling to people residing in territories where said/such activities are prohibited, including but not limited to: the American Samoa, Antarctica, Australia, Bouvet Island, Bulgaria, Cocos (Keeling) Islands, Cyprus, Czech Republic, Denmark, France, French Guyana, French Polynesia, French Southern Territories, Germany, Guadeloupe, Guam, Heard Island And McDonald Islands, Hungary, Israel, Latvia, Libya, Martinique, Mayotte, Netherlands, New Caledonia, Niue, Northern Mariana Islands, Pitcairn islands, Puerto Rico, Republic of Ireland, Reunion, Romania, Serbia, Singapore, Slovakia, South Georgia And The South Sandwich Islands, Syria, Turkey, U.S.Virgin Islands, United States Minor Outlying Islands, United States Of America (the "Prohibited Territories"). You must ensure that any Affiliate Channel, including any Tipster Affiliate Platform, does not target players in these countries whatsoever and you warrant that you do not and will not offer or promote gambling services to players within the Prohibited Territories.
3. Affiliate Obligations
3.1. We grant to you the non-exclusive, non-assignable, right to direct players to the Sites in accordance with these Terms.
3.2. You shall ensure (and take adequate and appropriate measures to ensure) that any player referred by you to us is able to lawfully participate in the Services and that any such player shall comply with the rules outlined on the Sites and any legislation or regulations applicable to any member of the Group, or in respect of any Brand, including, but not limited to the Alderney eGambling Regulations and Ordinance 2009, as amended.
3.3. Any player referred by you to us is considered to be a Company Player, and you relinquish all rights and/or ownership to such Company Players and their details once referred to us. Such Company Players shall be registered as Company Players before they are categorised as Qualified Acquisitions or Unqualified Acquisitions (subject to any other applicable criteria).
3.4. You will be solely responsible for the development, operation, and maintenance of your Affiliate Channels (including without limitation for taking appropriate precautions to protect against damage to or destruction of the hardware, software, files and data on your Affiliate Channels) and for your own materials that appear on your Affiliate Channels. For example, you will be solely responsible for ensuring that materials posted on your Affiliate Channels are not misleading, libellous, discriminatory, defamatory, offensive or otherwise illegal. Neither the Company nor any of the Group shall be liable for any such material on your Affiliate Channels with respect to such matters. Further, you will indemnify the Group from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the content, development, operation and maintenance of your Affiliate Channels.
3.5. The Affiliate Program is intended for your direct participation. You shall not:
3.5.1 open an Affiliate Account on behalf of a third party;
3.5.2 broker an Affiliate Account; or
3.5.3 transfer an existing Affiliate Account to a third party beneficial account owner without the prior written approval of the Company (such approval being solely at the Company’s discretion).
3.6. You must ensure that your Marketing Materials, Affiliate Channel(s), Tracking Links and all other advertising or other promotional activity used by the Affiliate shall comply with all applicable domestic and European legislation, regulations and guidance. This shall include but not be limited to the specific legal frameworks in the jurisdictions specified in Schedule 1.
4. Marketing & Advertisements
4.1. You will only use Marketing Materials which have been approved by the Group in writing, and will not alter their appearance nor refer to us in any promotional materials other than those that are available from us or which have been approved by us in in advance in writing.
4.2. We hereby grant to you the non-exclusive right during the term of this Agreement, to use the Marks solely in connection with the display of the Marketing Materials on your Affiliate Channels in accordance with these Terms. You shall not sub-license, assign, transfer, charge, or otherwise encumber the right to use, reference, or designate the Marks to any other party.
4.3. Your right to use the Marks is limited to and arises only out of the licence granted by this Agreement. 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 rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You agree that all use by you of the Marks is to our sole benefit and that you will not obtain any rights in the Marks as a result of such use. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
4.4. You shall keep the Group informed of any Affiliate Channels used on a regular basis and shall inform the Group immediately if you are proposing to use any new Affiliate Channel of which the Group was not previously aware.
4.5. You shall cross-check all marketing databases against all relevant registers which individuals may have registered with to prevent them from receiving marketing communications.
4.6. You shall not register or attempt to register any domain names, trademarks or names that contain, are confusingly similar to or are comprised of the Marks, and you hereby agree, at your cost, to transfer any such registration obtained by you to us upon demand.
4.7. You shall not purchase or register 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 or similar to any of the Marks, misspellings or variations thereof.
4.8. For the avoidance of doubt, all Intellectual Property Rights in and to the Affiliate Program, the Sites, the Marketing Materials (including the Creatives) and the Services vest in and remain the sole and exclusive property of the Group. By accepting these Terms, you agree that you do not gain any rights to any such Intellectual Property Rights.
4.9. You shall ensure that all marketing communications sent to individuals shall clearly identify the sender of such communications as well as the relevant member of the Group and shall contain simple, free and appropriate means for the recipient to unsubscribe from future marketing communications. You shall immediately notify the Group in the event that You receive, or have a reason to believe You could receive, a complaint from an individual or a competent regulator in respect of data protection and Your marketing practices.
4.10. You shall ensure that all of your marketing activities are professional, proper and lawful under applicable rules, regulations or laws including any laws in relation to the content and nature of any advertising or marketing and you shall also ensure that all marketing is socially responsible and complies with in particular in the case of marketing directed at UK users, the codes of the Advertising Standards Authority and the Code of Practice provisions of Part II of the Gambling Commission of Great Britain's 'Licence Conditions and Codes of Practice' from time-to-time) and otherwise comply with the terms of this Agreement and You shall not, and shall not authorize, procure, assist or encourage any third party to:
i. Place the Marks and/or Marketing Materials on any online site or other medium where the content and/or material on such website or medium is potentially libellous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or which is, in our sole discretion otherwise unsuitable;
ii. Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the targeting of marketing the Sites, Services or gaming in general to any persons who are less than 18 years of age (or such applicable age as may apply in the relevant jurisdiction);
iii. Infringe any third party's Intellectual Property Rights;
iv. Disparage us or otherwise damage our goodwill or reputation in any way;
v. Copy or otherwise create a site that substantially resembles the "look and feel "of the Sites, or promote a site of this nature, whether in whole or in part, nor utilize any such means or site to create the impression that such sites are in fact the Sites (or any part of such);
vi. Frame any page of the Site(s) in whole or in part;
vii. Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person;
viii. In any way alter, redirect or in any way interfere with the operation or accessibility of the Sites or any page thereof or otherwise attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in the Affiliate Program;
ix. Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the Sites or Services on which any functions or transactions are occurring;
x. Attempt to communicate to Players or Company Players whether directly or indirectly on our Sites to solicit them to move to any online site not owned by the Group or for other purposes without our prior written approval including but not limited to via email or chat boards;
xi. Cause a betting pattern of any end-user that is indicative of abuse of the Affiliate Program and associated remuneration structure, and is not consistent with the aims of the Affiliate Program and good faith business opportunities offered therein;
xii. modify links and banner codes provided from time to time in the Affiliate Area. Without prejudice to the foregoing, if you do make any such modification, the Group is not liable for any incorrect tracking or any consequent loss of profit of the Affiliate.
4.11. If we determine, in our sole discretion, that you have engaged in any of the activities in clause 4.10 above, we may (without limiting any other rights or remedies available to us) withhold any Affiliate Earnings and/or terminate this Agreement immediately, without notice to you.
4.12. Unless agreed with you in writing, the Company will not, in any way, promote the Affiliate.
4.13. For the avoidance of doubt, you are responsible for all costs associated with your marketing and advertisement obligations under this Agreement.
4.14. Without prejudice to clause 4.11, we reserve the right to terminate this Agreement immediately without liability if there is any form of spamming and/or cookie stuffing originating from you or if you advertise our Services in any other way than in accordance with or permitted by the terms of this Agreement.
4.15. You may only offer bonuses and promotions to Players on the Group’s behalf if you have our prior written consent. Where any such consent is granted, you shall ensure that the Group’s promotion/bonus header and terms and conditions for these bonuses and promotions use the Group’s prescribed wording and are communicated and specified in any publication of the same on your Affiliate Channel. Where there is a discrepancy between the terms communicated in your offering of the bonus or promotion and the terms specified to you by us, then we shall without limitation to any other rights and remedies be entitled to recover by way of set off of any commission owed to you or other means, the loss suffered by the Group as a result of your non- compliance with the provision of this Clause 4.15.
5. Affiliate Earnings & Payments
5.1. Please take note that we shall not issue any credit to you.
5.2. When you join the Affiliate Program, your account will be set to our default affiliate commission of Net Revenue unless otherwise agreed with your affiliate manager.
Should you elect to receive CPA instead, your earnings are per player subject to actual playing for real money after deposit without chargeback, where withdrawal without playing or disproportionate chargeback by your referred players, may at our discretion disqualify your entitlement to CPA earnings.
5.3. Your Affiliate Earnings are personal to you and you shall have no claim to Affiliate Earnings or other compensation on business secured by or through persons or entities other than you. You cannot withdraw payments for or on behalf of a third party.
5.4. The Company reserves the right to change any Affiliate Earnings structure (or any part thereof) from time to time, for any reason it deems fit for purpose.
5.5. All Affiliate Earnings payments will be paid to the Affiliate Account you designated in your Affiliate sign up form in the currency of our choice. Payment will be made by wire transfer, NETeller, Skrill, Webmoney or any other method as we in our sole discretion decide; however, we will use reasonable endeavours to accommodate your preferred payment method.
5.6. The minimum payout request for your Affiliate Earnings is 20 euros (or the equivalent amount in the payout currency chosen in accordance with clause 5.5).
5.7. Affiliates will not be paid any rewards for referring themselves or related persons. The Affiliate Program is intended for professional website publishers.
5.8. Any charges for conversion, processing and delivering payment to you will be deducted from your Affiliate Earnings. For the avoidance of doubt, we have no liability to pay any currency conversion charges or any charges associated with the transfer of monies to your designated account.
5.9. In the event that we determine any activity to constitute Fraud Traffic, or to otherwise be in contravention of this Agreement, then in our sole discretion we may: (i) pay the Affiliate Earnings in full, (ii) recalculate them in light of such suspected Fraud Traffic or contravention, (iii) delay payment of the Affiliate Earnings while we investigate and verify the relevant transactions; and/ or (iv) not pay any Affiliate Earnings.
5.10. If you disagree with any report we issue pursuant to clause 6.1, or Affiliate Earnings payable to you, or do not accept payment for such amounts, you shall immediately send us written notice by recorded delivery post to Interactive Affiliates Guernsey Ltd, PO Box 142 The Beehive Rohais St Peter Port GUERNSEY GY1 3HT and/or email to affiliates@marathonbet.com of your dispute. You acknowledge that any deposit we make of your Affiliate Earnings to your nominated account, or your acceptance of any such payment transfer or other payment from us, will be deemed full and final settlement of the Affiliate Earnings due and payable to you. Notwithstanding the foregoing, if any overpayment is made in the calculation of your Affiliate Earnings, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you or to reduce any future payment in order to bring your Affiliate Earnings into balance.
5.11. Payment requests shall be processed on the 15th day of the month following the month in which the traffic was generated. If we suspect that you are in breach of this Agreement, or the occurrence of Fraud Traffic, we reserve the right to hold over any payment request you make for investigation, and/or to suspend your Affiliate Account, in each case until the matter is resolved to our satisfaction..
5.12. You shall comply with all applicable laws and any policy notified by us to you through our Sites or otherwise in relation to money laundering and/or suspicious transactions.
5.13. You are responsible for paying any applicable taxes arising on your Affiliate Earnings under any laws applicable to you.
5.14. You may not offer any incentives to potential Players or Company Players without first obtaining prior written approval from us. In the event that you do not receive such approval but offer such incentives, we reserve the right to cancel your participation in the Affiliate Program, and refuse payment of any previously earned, but unpaid, Affiliate Earnings.
5.15. If your Balance at the end of any month is negative, then unless agreed in writing by the Group, the Negative Carry Over Rule will apply until any net loss is recovered in full from Net Revenues generated in each succeeding month.
5.16. Due to anti money laundering regulations, we may require one or more forms of documentation to verify your identity before we can make a payment to you. The documents required must be submitted either, (i) within thirty (30) days of request of such documents; or (ii) within thirty (30) days from agreeing to these Terms and Conditions: and/or (iii) prior to the first payment due under these Terms and Conditions, whichever occurs earlier or whenever requested by the Company. Failure to furnish the necessary documentation by the applicable deadline may result in immediate termination of the contract, cancellation of any payments and any funds remaining in your account may be frozen and your account will be closed. You hereby acknowledge and agree that the Company shall have no liability for your failure to comply with this obligation.
5.17. We may ask you in writing to provide us with one or more forms of documentation to verify your identity before we can make a payment to you.
5.18. If your Affiliate Account is suspended pursuant to clause 5.11 for a continuous period of 180 days, or you fail to provide us with any documentation requested pursuant to clause 5.16 within 180 days, then we will issue a written warning to you advising you that we will remove any funds remaining in your Affiliate Account and permanently close your Affiliate Account unless (in respect of clause 5.11) the position is rectified to our satisfaction, or (in respect of clause 5.16) you provide the documentation requested, in each case within 90 days of our warning. If you fail to comply with our warning, then we reserve the right thereafter to remove any funds remaining in your Affiliate Account and permanently close your Affiliate Account with no further notice to you.
5.19. In the case of CPA deals, if we do not receive any traffic for a continuous period of 60 days, your Affiliate Account will become dormant. We will issue a written warning to you advising that we will remove any funds remaining in your Affiliate Account and if no new traffic is received within the following 30 days, we reserve the right to remove any funds remaining in your Affiliate Account and permanently close your Affiliate Account with no further notice to you.
5.20. If funds remain in your Affiliate Account for a continuous period of 180 days with no withdrawals during that time, your account will become dormant. We will issue a written warning to you advising that the funds remaining in your Affiliate Account will be removed. If activity on your Affiliate Account is not resumed within 90 days of such warning, then we reserve the right to remove any funds remaining in your Affiliate Account and permanently close your Affiliate Account with no further notice to you.
5.21. If funds remain in your account for a continuous period of 180 days with no withdrawals during that time, then your account shall be deemed dormant at which point funds remaining in your account will be removed and your account closed.
6. Reports
6.1. We will track and report Player activity for the purposes of calculating your Affiliate Earnings. The form and content of the reports may vary from time to time in our sole discretion. Generally, you can at your own initiative and timing, generate your own reports regarding the Qualified Acquisitions signed up in a particular period and/or the total amount due to you after any deductions or set offs that we are entitled to make under this Agreement. We hereby exclude any and all liability for the timeliness, accuracy or completeness of any such reports.
Confidential Information
6.2. During the term of this Agreement, you may be entrusted with Confidential Information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, Affiliate Earnings earned by you). You shall not disclose or permit unauthorized use of any such Confidential Information to any third parties without our prior written consent and you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
6.3. The Company reserves the right to inform a Player or Company Player that he is under an Affiliate.
6.4. In order to comply with regulatory requirements, the Affiliate acknowledges and agrees that nothing in this Agreement shall prohibit or restrict the Group from reporting the details of any affiliate (including the Affiliate) or transaction hereunder to any applicable regulator or pursuant to any applicable legislation.
6.5. The Group may disclose to third parties any information relating to your Agreement with us and other information disclosed by you to us, in so far as is necessary for use by i) any other member of the Group; ii) payment settlement service providers, data verifiers, marketing and operational service providers and financial institutions, to the extent necessary for the completion of payments, online and offline marketing campaigns, facilitate the opening of new accounts, customer services and fraud prevention for services provided through our Sites; or iii) to any auditors, contractors or other advisers auditing any of the Group's business processes; or iv) under compulsion of any applicable law or regulation.
7. Term and Termination and Consequences
7.1. This Agreement will take effect when we indicate our acceptance of your affiliate sign up form and continues until terminated in accordance with the terms of this Agreement.
7.2. You may terminate this Agreement, with or without cause, immediately upon written notice to us. You can send this written notice via email in accordance with clause 11, with 'Termination” in the subject line.
7.3. We may terminate this Agreement, without cause at any time, upon written notice to you.
7.4. Without prejudice to the generality of the foregoing, we may terminate this Agreement if we determine (in our sole discretion) that any of your Affiliate Channels are unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children or vulnerable adults, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate a third party’s Intellectual Property Rights.
7.5. For the avoidance of doubt, termination (howsoever caused) of the Agreement will automatically end your participation in the entire Affiliate Program and revocation of all privileges and licences granted hereunder. In particular:
i. You shall no longer be entitled to derive any further Affiliate Earnings from any Players, although subject to the terms of this Agreement, the Company shall pay to you Affiliate Earnings accrued prior to the date of termination;
ii. You shall no longer be able to access the Affiliate Area except when authorised in writing to do so by the Company for a specific purpose;
iii. You shall immediately stop promoting the Sites and all rights and licences given to you under this Agreement will terminate immediately;
iv. You shall return all Confidential Information and cease use of any of the Marks and Marketing Materials (including deleting and purging the same from your computer systems);
v. Any provisions as are necessary for the interpretation or enforcement of this Agreement after termination, shall survive any termination or expiry of this Agreement.
7.6. For the avoidance of doubt termination will not release You from any liability arising from any breach of this Agreement that occurred prior to termination.
8. Warranties
8.1. You warrant and undertake that:
i. You have independently evaluated the desirability of marketing the Sites and Services.
ii. You have independently evaluated the laws that apply to your activities and believe that you may participate in the Affiliate Program without violating any rules or laws applicable to you.
iii. You are solely responsible for any and all activities that occur under the access to and use of the Services under your username, account number, Affiliate Accounts and password regardless of whether such access and/or use was authorized by or known to you or not.
iv. You shall not upload or distribute any files or data that contain viruses, corrupted files or data or any other program, files or data that may affect the operational performance of the Services and/or Site(s).
v. You shall not use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Services and/or Site(s), information or any transactions offered at the foregoing.
vi. The Players and Company Players that you refer to the Group are lawfully able to participate in the Services under the laws that are applicable to them for the purposes of their use of the Services.
vii. The Players and Company Players that you refer to the Group comply with the Group’s general terms and conditions as may be modified from time to time.
viii. You shall not post or transmit to any other users, any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, deliberating misleading, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any applicable law.
ix. You shall not conduct criminal or otherwise unlawful or unauthorized activities and/or allow your account opened with us to be used for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us.
x. The contents and offerings on your Affiliate Channel do not infringe any third party's Intellectual Property Rights.
xi. The contents and offerings on your Affiliate Channel (including the manner of offering the same) are consistent (and continue to be consistent) with the Group’s general terms & conditions as may be modified from time to time.
xii. You shall only use the Affiliate Area, Site, Services, Marks and Marketing Materials in accordance with the express terms of this Agreement.
xiii. You will at all times comply with any data protection legislation (as may be applicable) in relation to the use of customer and/or Player and Company Player data and contact information. You are considered a controller of personal data for the purposes of this Agreement and shall be solely responsible for full compliance with all legislation, obligations and requests, as required by the Group or by any authority in accordance with applicable EU data protection legislation or any legislation of the jurisdiction in which you and the Group operate.
You shall take appropriate technical and organisational measures against the unauthorised or unlawful processing of personal data and/or marketing databases, and against the accidental loss or destruction of, or damage to personal data and/or marketing databases, including:
a. implementing suitable encryption of personal data and/or marketing database;
b. pseudonymising personal data and/or marketing databases;
c. regularly testing its security measures; and
d. notifying and training staff and sub-processors (if applicable) of obligations under applicable data protection and marketing legislation
xiv. You will at all times comply with any legislation (as may be applicable) in relation to 'cookies'.
xv. You will at all times comply with any legislation (as may be applicable) in relation to 'spam' or unsolicited emails and contact with customers and/or Players and Company Players.
xvi. You will inform Players and Company Players, either through your privacy policy or other means, that tracking technology will be installed on their computers once they click on Group related content.
9. Indemnity
9.1. You shall defend, indemnify, and hold the Group, and its directors, employees and representatives harmless from and against any and all liabilities, omissions, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence, (d) Fraud Traffic attributable to you or your referred Player and Company Player or (e) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of the Affiliate Area, Sites, Services, Marks, Marketing Materials and any other part of the Affiliate Program.
9.2. In each event of breach or non-compliance, in addition to any other remedy that we may have under these Terms or applicable law, including the indemnity in clause 9.1, we shall also have the right, at any time, to seek damages from you for any new or continuing violation of any of the above provisions and to terminate your Agreement with us.
10. Disclaimers and Limitation of Liability
10.1. WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE PROGRAM, OUR SITES, ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITES, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US 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 THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
10.2. We may, in our sole discretion, use any available means to block, restrict, remove or discount from your tracker, certain Players and Company Players, deposits or play patterns or reject the applications of potential players and/or affiliates so as to reduce the number of fraudulent orunprofitableor unprofitable transactions for any reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention.
10.3. Our obligations under this Agreement do not constitute personal obligations of the owners, directors, officers, advisers, agents, representatives, employees, vendors or suppliers of the Sites or Services other than as provided under this Agreement. Other than as expressly provided in this Agreement, in no event will the Group be liable for any direct, indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any loss of business, revenue, profits or data. Our liability arising under this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages and shall not exceed, in aggregate, the Affiliate Earnings generated and payable to you in relation to the Site(s) that the dispute relates to over the previous 12 months at the time that the event giving rise to the liability arose. However, nothing in this Agreement will operate 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.
10.4. All promotions can only be claimed once per person, household, family, household address, email address, credit card number, or shared computer environment such as a library, workplace, fraternity, university or school.
10.5. The Group does not accept liability for the content or accuracy of external websites.
11. Miscellaneous
11.1. All notices pertaining to this Agreement will be given by us by email to the address provided by you in the affiliate sign up form (or as subsequently updated by you to us in the event of change), and by you to us to affiliates_global@marathonbet.com. Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent or twenty-four (24) hours from the time of transmission.
11.2. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you and us 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 in this Agreement.
11.3. You understand that we may at any time (directly or indirectly), enter into marketing terms with other affiliates on the same or different terms as those provided to you in this Agreement and that such affiliates may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from any of the Sites to any other online site that we deem appropriate in our sole discretion, without any additional compensation to you.
11.4. Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-licence or deal in any other manner with this Agreement or any rights under this Agreement, or sub- contract any or all of your 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.
11.5. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement 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.
11.6. This Agreement embodies the complete Agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior Agreement or understanding between the parties in relation to such subject matter. Unless approved by our internal legal processes, no modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognized by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
11.7. Except insofar (and only to such extent) as this Agreement expressly provides that a third party may in their own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under any law or statute to rely upon or enforce any term of this Agreement.
11.8. For the avoidance of doubt the benefit of this Agreement shall not transfer to any personal representative, successors and permitted assigns on the demise of the Affiliate.
11.9. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
11.10. Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
12. Force majeure
A party shall not be liable for any failure to perform its obligations under this Agreement if that failure is beyond the reasonable control of that party including as a direct result of "Acts of God", nature, a federal, state or local governmental agency, war, civil disturbance or the inability or refusal of a common carrier to provide communications capabilities. The affected party shall promptly notify the other parties of the nature and extent of the circumstances giving rise to an event of Force Majeure. If the event of Force Majeure in question prevails for a continuous period in excess of three months after the date on which it began, any non-affected party may give notice to the affected party terminating this Agreement. The notice to terminate must specify the termination date, and once a notice has been validly given, this Agreement will terminate on the termination date set out in the notice.
13. Jurisdiction
This Agreement (including any variation or modification thereto) shall be deemed executed in Guernsey and shall be governed by and construed in accordance with the laws of Guernsey without giving effect to conflicts of law principles. You irrevocably agree to submit to the exclusive jurisdiction of the Royal Court of Guernsey for the settlement of any claim, dispute or matter arising out of or concerning this Agreement, its interpretation or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
Schedule 1 – Jurisdiction specific legal frameworks
Pursuant to clause 3.6 of these Terms, you must ensure that your Affiliates’ Marketing Materials, Affiliate Channel(s), Tracking Links and all other advertising or other promotional activity used by the Affiliate shall comply with all applicable domestic and European legislation, regulations and guidance. This shall include but not be limited to the following in the specific legal frameworks in the following jurisdictions:
(a) marathonbet.co.uk (UK) site
If you have agreed via your Affiliate Account with the Group to promote the Marathonbet.co.uk (UK) Site, you shall read and comply with the following at all times:
CAP Code
Guidance on the rules for gambling advertising
Gambling Industry Code for Socially Responsible Gambling
(b) marathonbet.es (SPAIN) site
If you have agreed via your Affiliate Account with the Group to promote the Marathonbet.es (SPAIN) Site, you shall read and comply with the following at all times:
Código De Conducta Sobre Comunicaciones Comerciales De Las Actividades De Juego
Real Decreto 958/2020
In addition to the legislative and regulatory requirements set out above, if you act as a Tipster Affiliate in any way you shall at all times make a report available on your Affiliate Channel that outlines your actual spend on bets on the sports bets that you have recommended and/or predicted on any Affiliate Channel in accordance with Real Decreto 958/2020 Article 27 (“Report”). You shall ensure that the Report shall:
• be updated within 24 hours of a new recommendation and/or prediction being added to any website;
• be freely downloadable and easily located on your Affiliate Channel; and
• be in a clear and accessible format (e.g. Microsoft Excel document specifying the bets, stake and returns); and the data contained in the Report shall be verifiable as true and accurate reflection of the Tipster Affiliate’s bets placed with the Group.
If you act as a Tipster Affiliate, then in doing so, you shall only push website traffic to a Site from your Tipster Affiliate Platform after you have received clear written approval to do so from the Group at affiliates_global@marathonbet.com (the “Written Approval”), and you shall comply with any restrictions as to the website traffic pushed to a Site which are specified in the Written Approval.
(c) marathonbet.it (ITALY) Site
If you have agreed via your Affiliate Account with the Group to promote the Marathonbet.it (ITALY) Site, you shall:
1- acknowledge that the Group offers, through its entity licensed by the Italian competent authority (Customs and Monopoly Agency -ADM) - gambling services to residents of Italy and is subject to the advertising ban and marketing restrictions under art. 9 of the Dignity Decree no. 87 dated 12 July 2018 as converted into Law no. 96/2018 and to the Italian telecommunications Authority – AGCOM implementing guidelines dated 26 April 2019 as well as any other legal or regulatory requirements that govern the manner in which it may operate and inform about its remote gambling services. This includes the ban to promote, directly or indirectly, the licensed gambling website on any websites/social media channels and /or to use any promotional content.
-2 undertake to be aware of and fully comply with these obligations referred to above under bullet 1 and to carry out the affiliation activity on your Affiliate Channel and with the materials that appear on these, only as comparative and informative communications to people resident in Italy without any induction to gamble or call to action to gamble and in accordance with the principles of contingency, non-deceitfulness and transparency. When targeting the Italian market and Italian residents, any reference in these Terms to promotion and advertising activities shall be intended and strictly limited to information and comparative activities to identify the website of the licensed entity of the Group to which the information and/or comparative information refer.
-3 ensure that your Affiliate Channel only displays information materials on gaming operators who hold a gambling license issued by the ADM. The Group may reject your application to hold an Affiliate Account or terminate your existing Affiliate Account in the event that you promote or provide information on operators or sites that are not licensed.
(d) marathonbet.dk (DENMARK) Site
If you have agreed via your Affiliate Account with the Group to promote the Marathonbet.dk (Denmark) Site you shall read and comply with the following at all times:
Danish Gambling Authority’s guide on sales promotion
The Danish Gambling Authority’s guide on duty of disclosure when marketing and advertising gambling