Terms and Conditions

 

In order to participate in our Affiliate program, please, confirm by clicking the button in registration form. You confirm your consent to be bound by all the terms and conditions set out in this agreement accessing and utilizing any of the Favbet Affiliates' Marketing Tools or accepting any reward, bonus or commission, whether contained in this agreement or elsewhere on our web site. For purposes of clarity, the terms “We” and "Operator" refer to Favbet Affiliates, and "You" and "Partner" refer to the other party to the contract formed by the acceptance of these Terms and Conditions.

 1. Registration

For registration, please, read this Agreement and submit a complete Favbet Affiliates Partner Account application to us via our web site. We will evaluate your application and notify you whether it was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, the sites that are under construction, aimed at children, promote sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, as well as the sites involved in illegal activities or violating the intellectual property rights.

2. Subject of Agreement

 

2.1 By agreeing to take part in this Affiliate program, a Partner agrees to create and maintain unique links from your site at www.favbet.com during the period of validity of this agreement. The Partner may link to Operator with any of Operator`s banners, landings, e-mails, articles or via a text link. Only these methods are allowed to Partner to advertise on behalf of the Operator.

 

2.2 The Operator will provide the Partner with a choice of instruments for advertising e.g. logos, banners, graphics, texts with links, Favbet odds (e.g. in XML feeds) and other tools (hereinafter referred to as "the Mark"). By addition of one or more links with Marks on the Partner Website, the Partner offers the users of the Partner Website the opportunity to directly access the Favbet Website, place bets and/or play games by clicking on the respective links.

 

2.3 The Partner shall incorporate the Mark of his choice provided within the scope of these Terms and Conditions on the Partner Website, thus establishing a connection to the Favbet Website. By means of the assigned link codes, the Operator`s registration system identifies customer referrals from the Link of the Partner Website. The Marks may refer to various coordinated areas of the Operator`s Website.

 

2.4 The Operator has the right to modify, limit, or provide new Marks at any time.

 

2.5 The Operator will register your Customers and track their transactions. The Operator reserves the right to refuse service to the Customers (or close their accounts) if necessary to comply with any requirements, established by Operator. For purposes of clarity, "Customer " stands for visitors of Partner`s Website, who had no account in Favbet before and joined the Operator`s customer database after arriving at the Operator`s Website via one of your links with Marks, placed on the Partner`s Website. By opening an account with Favbet Affiliates, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them.

 

2.6 In terms of legal restrictions in a number of countries, Favbet prohibits (within the possible limits of control) opening or using the accounts by Clients from certain jurisdictions like the United States of America and its territories.

 

2.7 The Operator will track Customers' bets and plays and create a report summarizing their activities, which should be available for the Partner and placed in the relevant section of this website. Under this report and Subject to clause 9.1, the Operator will pay the Partner the referral commission fee, based on the net profit of Favbet Affiliates earned from each Customer, and directed from the Partner`s Website after they have opened an account via Favbet Affiliates and placed a bet for real money.

 

 

2.8 Having received your application, we will determine whether to accept your application or not in our sole discretion. Our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful. 

3. Our Rights and Obligations

 

3.1 The Operator grants to the Partner the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which includes the right to copy, transmit, distribute, display and perform privately and publicly): Favbet Affiliates banners, name, site name, and other related textual and graphic materials available to the Favbet Affiliates, which the Partner can access for the express purpose of connection to the Partner's Website at specified time and for the specific purposes authorized above. Favbet Affiliates authorize the Partner to advertise and promote their respective promotional material. The copywriting of promotions may be neither modified nor misrepresented by the Partner. The Partner 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 must notify us immediately if you become aware of the misuse of the Marks by any third party.

 

3.2 Favbet Affiliates grants the Partner rights to refer, in the Partner`s advertising and promotions, to the fact that the Operator`s Website is accessible through the Partner`s Website, provided that any such statement

- does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of Favbet Affiliates/Favbet other than Favbet Affiliates name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of Favbet/Favbet Affiliates);

- does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Operator sponsors, authorizes, and/or is the source or origin of the Partner`s site; and does not disparage Favbet Affiliates, its products, services, or members. Any use of Favbet Affiliates Materials hereunder shall inure to the benefit of the Operator and shall not create any rights, title or interest in them for the Partner. No other use of the Favbet Affiliates names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Partner for any purpose without the prior written approval of Favbet Affiliates.

 

3.3 You acknowledge and agree that regulations 9(1), 9(2), 11(1) of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to or have any effect on this Agreement.

 

3.4 Favbet Affiliates will take any costs arising in connection with creation and graphical representation of the Marks.

 

 

3.5 The Operators expressly state that the promotion or soliciting of bets and/or games is subject to legal restrictions in some countries and may even be prohibited in some cases. Thus, the Partner acknowledges that, should the promoting or soliciting of bets and games or the participation in prize games be prohibited under the rules and regulations of its country of domicile, or be permissible only under certain preconditions not met here, the Partner must not accept these Terms and Conditions, and must not enter into the Agreement with the Operator and shall, consequently, not be entitled to post the link with Marks on the Partner Website. Should any disadvantages whatsoever arise for the Operators or the Partner due to disregard of the relevant prohibitions in the country of domicile of the Partner, the Partner shall be exclusively liable for such disadvantages.

 

4. Your Rights and Obligations

 

4.1 The Partner hereby confirms and warrants that all the information provided to the Favbet Affiliates in the online application form is true and complete. The Partner is obliged to promptly update such information if all or any part of it changes.

 

4.2 The Partner confirms that it operates the Partner Website under its own name and that it is fully and without any restrictions authorized to dispose thereof.

 

4.3 The Partner takes all costs incurred for the implementation of the Link and costs, related to the access to the Partner Website and display or delivery of the advertisements.

 

4.4 The Partner is solely responsible for the proper technical incorporation of the Link and for the technical operation (including development, operation, and maintenance) of the Partner Website, as well as for all content appearing on the Partner Website (in particular, the Partner confirms that materials posted on Partner`s Website are not libellous or otherwise illegal, the Operator disclaims all liability for these matters). The Partner shall indemnify and hold the Operator harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of the Partner`s Website.

 

4.5 The Partner shall guarantee that the material shown on the Partner Website does not contravene any rights of third parties (including copyright and trademark rights, the general right of personality or any other rights).

 

4.6 The Partner agrees to operate a single Partner Website with the Operator`s Site. If Favbet Affiliates should discover, using information it deems appropriate in the circumstances, that the Partner is operating more than one affiliate account, this Agreement shall terminate and the Partner will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the Favbet Affiliates Program, must be reported by the Member and cleared by the Favbet Affiliates Support Team beforehand. Failure to do so may result in termination of the Member's account. The Partner will also forfeit all rights to commissions and referral bonuses.

 

4.7 All Favbet affiliates are required to refer a minimum of 5 active Customers within a three-month period of joining the program. Should an affiliate not reach this requirement, the affiliate account may be closed, though the Partner will have an opportunity to open a new affiliate account.

 

4.8 The Operator should terminate this Agreement immediately without recourse for the Partner if there is any form of spamming or if the Partner advertises the Operator`s services in any not permitted way. The Partner shall not make any claims or representations, or give any warranties in connection with Favbet Affiliates, and shall not bind Favbet Affiliates to any obligations.

 

4.9 It`s strictly prohibited for the Partner to register (or apply to register) any domain name similar to any domain name used by or registered in the name of Favorit United N.V., or any other name that could be understood to designate Favbet.

 

4.10 The Partner can 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 FAVBET trademarks or otherwise include the word "Favbet", “Favbetcasino” or variations thereof. Or they include metatag keywords on the Partner Website, which are identical or similar to any of Favbet trademarks.

 

4.11 The Operator grants to the Partner the non-exclusive, non-assignable right to direct Customers to the Operator`s Website in accordance with these Terms and Conditions. The Operator does not give the Partner an exclusive right or privilege to assist Favbet Affiliates in the provision of services arising from the Partner`s referrals.

 

4.12 The Partner should use only Marks and advertising creative, approved by the Operator and will not neither alter their appearance nor refer to the Operator in any promotional materials other than those provided by www.favbet.com. The appearance and syntax of the hypertext transfer Marks are designed and designated by us and constitute the only authorized and permitted representation of our sites. In particular, please, do not create a direct link to the promotional materials on our website.

 

4.13 The Partner will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes damage to the Operator. We reserve the right to retain all amounts otherwise due to the Partner under this Agreement, if we have reasonable cause to believe of such traffic.

 

4.14 We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated Customers are found to be abusing any Favbet offers or promotions whether with or without your knowledge. Such situations should include but not be limited to different Customers betting both sides of an event or market so as to limit risk and claim bonuses.

 

4.15 Favbet Affiliates program is intended for your direct participation. You shall not open any affiliate accounts on behalf of other participants. It is prohibited to open an affiliate account for a third party, act as a broker, or transfer an affiliate account. If the Partner wants to transfer an account to another beneficial account owner, it must request written permission of the Operator to do so. Approval is solely at Favbet Affiliates discretion.

 

4.16 No affiliation can be made between our site and your site. You and us and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. The Partner has no authority to make or accept any offers or representations on behalf of an Operator or make any statement in any form that would contravene anything in these Terms and Conditions.

 

4.17 The Partner shall defend, indemnify, and hold the Operator, its members, subsidiaries, directors, officers, agents, and employees harmless from and against any and all liabilities, losses, damages and costs. These may include legal fees resulting from, arising out of, or in any way connected with any breach by the Partner of any warranty, representation or term, contained in this Agreement, the performance of Partner`s duties and obligations under this Agreement, the Partner`s negligence or any injury caused directly or indirectly by the Partner`s negligent or intentional acts, or omissions, and the awarding, use or misuse of the Referral Commissions or the unauthorized use of Favbet banners and links, or this Affiliate program.

 

4.18 The preparation and subsequent use of additional advertising materials and Marks relating to the Operator is only permissible with the Operator's prior consent. The copyright of the design of the link with Marks provided within the scope of the Contractual Relationship as well as for all other information made accessible on the Favbet Website is an exclusive property of Favbet.

 

4.19 A change of the URL address of the Partner Website shall not constitute a change of these Terms and Conditions and the Agreement in whole, and shall not affect the rights and obligations arising from these Terms and Conditions.

 

 

4.20 Neither Partner nor friends or relatives (in particular, but not limited to wife/husband of Partner, parents, children or brothers/sisters) of Partner can act as acquired by Partner customers and take any actions on Favbet website.

5. Referral Commission

 

5.1 In return for the implementation of the Link, subject to clause 9.1 of these Terms and Conditions, the Partner shall receive commission beginning with the date a customer becomes a Paying Active (as defined below) and ending with the date of termination of the Agreement. Commission should be based on net profit of your Paying Actives that should be defined as: all gross monies received by us in respect of all settled bets made by Customers after deducting monies paid out to Customers as winnings, monies paid in the form of betting duties or taxes, bad debts, fraud, returned stakes, chargebacks and bet/deposit bonuses

 

5.2 To clarify, Paying Actives are Favbet Customers who have not yet had player account with Favbet and have accessed the Favbet Website using the link with Marks placed on the Partner Website. The Paying Actives are customers who have properly registered on Favbet within 30 days after their first access to the Favbet Website by using the link with Marks on the Partner`s Website, and have made real money transfers to their player´ accounts, as well as have taken at least one real money action within 90 days after registration.

 

5.3 The Operator has the right to change the Referral Commission percentage and method of calculation of the Referral Commission.

 

 

5.4 Negative commission balances in any of the Favbet Affiliates product will be deducted from available commissions.

 

6. Commissions Structure

 

Sportsbook, înline gaming revenue share:

1. 0-5000 euro                            25%
2. 5000-10000   euro                 30%
3. 10000-15000 euro                33%
4. 15000 euro +                           35%

 Any person or entity that is introduced to the Favbet Affiliates by the Partner, and joins Favbet Affiliates as an Affiliate by submitting to the Operator the standard application form through the Sub-Affiliate link on Favbet-Affiliates site (from the moment it becomes available) will be considered the Sub-Affiliate and tracked as such. Any Sub-Affiliate is be treated as a regular Affiliate in Favbet Affiliates and is bound by the terms and conditions of this Agreement. Jointly with any Sub-Affiliate, the Partner will be liable to the Operator, for the performance of that Sub-Affiliate's obligations under this Agreement. To reward the Partner for attracting the Sub-Affiliate and to inspire him to attract more Sub-Affiliates, regardless of paying commission set forth in this Agreement, to the Sub-Affiliate (as the Partner to Favbet Affiliates), the Operator also pays the Partner an additional commission of 5% of profit charged to the Sub-Affiliate (to clarify, this offer is available only for a first level Sub-Affiliates` profit).

 

 

7. Payment of Commission

 

7.1 Your Favbet Affiliate account must have a minimum of 5 active referred Customers before you are eligible for Referral Commission payment. Subject to clause 9, you are entitled to one payout per month, providing you have fulfilled the above Customer requirement at the end of the preceding month.

 

7.2 Payout requests for any calendar month’ Referral Commissions may be made anytime from the start of the second day (GMT+2) of the following calendar month.

 

7.3 All Referral Commission Payments will be paid in the currency, which you selected when your Affiliate Account was first set up.

 

7.4 Referral Commissions arising from Customer Accounts that are held in currencies other than the Partner’s Account currency will be converted at the mid-point, which applied at the time the Referral Commission was earned.

 

7.5 The minimum payout request for earned Referral Commission is 50 euro or its equivalent in other currencies. If this requirement is not met within one month, the Commission shall be carried over until a total of €50, has accumulated for the respective online wallet.

 

7.6 Referral Commission payments may be requested to Favbet account and then you can withdraw it via Skrill, Web Money and other services.

 

 

7.7 All taxes, fees, and surcharges, if any, on Rewards are the sole responsibility of the Partner. Acceptance of a prize constitutes permission for Favbet Affiliates and its advertising and promotional agencies to use the recipient’s name, photograph and/or likeness for advertising and promoting and publicizing the services of Favbet Affiliates in any medium without compensation, unless otherwise prohibited by law.

8. Term and Termination

 

8.1 The term of this Agreement starts when you are approved as an affiliate and will continue unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

 

8.2 The Partner must remove the Favbet Affiliates banners from the Partner`s Website and disable any links from Partner`s Website to the Operator`s Website.

 

All rights and licenses given to the Partner by the Operator in this Agreement shall immediately terminate.

 

The Partner will be entitled only to those unpaid referral fees, if any, earned by the Partner on or prior to the date of termination. The Partner will not be entitled to referral fees occurring after the date of termination.

 

8.3 If the Partner have failed to fulfil his obligations and responsibilities, Favbet Affiliates will not pay him the referral fees otherwise owing to him on termination.

 

If the Operator continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

 

The Partner must return to the Operator any confidential information and all copies of it in his possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of Favbet.

 

Both Operator and Partner will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations, which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve the Partner from any liability arising from any breach of this Agreement, which occurred prior to termination.

 

In case of termination, the Referral Commission will be calculated until the date of termination and the Partner may create an electronic invoice until the end of the calendar month following the termination. After expiration of that calendar month, no more invoices may be created by the Partner and the Partner is not entitled to any further refunds or any other claims for compensation against Favbet after such termination.  The remaining money on the online wallet will not be transferred to the Partner, if he does not create an electronic invoice until the end of the month, following the closing of the account. If the Commission does not exceed the minimum amount of EUR 50, no invoice can be created by the Partner and the Referral Commission shall be forfeited to Favbet Affiliates benefit.

 

 

8.4 The account of the Partner will be closed automatically and the Contractual Relationship will be automatically terminated if during three successive months no new Paying Actives are generated by the Partner. The Operator will inform the Partner via e-mail after two successive months without generation of a new Paying Active that 30 days later the Partner's account will be closed and the Contractual Relationship will be terminated automatically, if during the following 30 days no New Paying Active is generated by the Partner.

 

9. Continued Promotion

 

The Partner shall incorporate and prominently and continually display the most up-to-date links provided by the Operator on Partner`s Website in a manner and location agreed by us and the Partner shall not alter the form, location or operation of the links without our prior written consent. The Partner is eligible for Referral Commissions based upon his continued promotion of Favbet. Favbet reserves the right to reduce Referral Commission percentages if the Partner reduces his efforts to recruit new Customers. Partner`s reduced or suspended promotion of the Operator`s Website will be deemed to represent the termination of this Agreement.

 

10. Fraud

 

This Agreement should be immediately terminated and the Partner won`t receive any Commission in case that Favbet has reasons to believe that following fraudulent activities has taken place:

 

- Fraudulent activities by the players include, but are not limited to, the following: charge backs, incorrect player data, minor players, chip dumping, money laundering;

- Fraudulent activities by the Partner include, but are not limited to, the following: if the Partner is also registered as a player – e.g. if the Partner and a Paying Active have the same IP address, if Favbet therefore has doubt about the true identity of the Partner and if the Partner can not provide Favbet with appropriate identification to effectively verify his identity.

 

- Fraudulent activities in general include, but are not limited to, the following: credit card numbers in a negative bin number database, multiple subscriptions from a single e-mail address, subscriptions with the same credit card number, sequential names or patterns of names, many subscriptions from a specific website within a short time span, subscriptions from employees or other parties related to the Partner and multiple attempts to subscribe from the same credit card.

11. Private policy

 

All information, in particular financial and business data, lists of users, price and sales information shall be treated confidentially. These details must not be used for own commercial or other purposes, directly nor indirectly.

12.Other condition

 

12.1 We make no express or implied warranties or representations with respect to the Favbet Affiliate program, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of the Operator`s Website will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the www.affiliates.favbet.com system and the Favbet database, the database shall be deemed accurate.

 

12.2 We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate program, even if we have been advised of the possibility of such damages. Our aggregate liability arising with respect to this Agreement and the Affiliate program can not exceed the total Referral Commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages.

 

12.3 Except as otherwise provided herein, neither Favbet Affiliates nor the Partner may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.

 

12.4 This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of Curacao.

 

12.5 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. 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.

 

 

12.6 In case of any discrepancy between English version of this Agreement and any other translation of it, English version is deemed to be correct.