Terms and conditions
This agreement contains all of the terms and conditions between DatBet and the individual player, herein referred to as the “Client.” “Client” is defined as a person who has created a new DatBet account online. DatBet may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by notifying the Client via email, or by posting a notice or a new agreement on our website. Modifications may include, but are not limited to, changes in the scope of available wager types, schedules, banking center options, limits and procedures or referral program rules. If any modification is unacceptable to the client, they may terminate this agreement and close their account. Your continued activity in your account in the program following our posting of a change notice or new agreement on our website will constitute binding acceptance of that change.
1. Signing Up – JOIN
A Client may begin the sign-up process by submitting a complete application from the signup portion of the DatBet website. It is required that the information provided by the Client at the time of signup be accurate and valid. DatBet reserves the right to reject or cancel any account created if it has been determined that the Client has already created an account, that the information is invalid or inaccurate, has been blacklisted, or for any other reason left to the sole discretion of management. By opening an account with DatBet, the Client agrees that all DatBet client rules, policies and operating procedures will apply to them. DatBet reserves the right to refuse Client’s action or close their accounts if necessary to comply with any requirements that may be established. Clients shall not open more than one client account per household without prior written consent from DatBet. In the event of a violation, DatBet has the right to void all current and future play as well as the potential win/loss from that play.
“The name on your Account must match your true and legal name and identity and the name on your DatBet Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account. You are prohibited from holding more than one Account at DatBet. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one (1). If you have lost your Account name or password, please contact us for a replacement.”
“All information provided by a player must be accurate and verifiable. If you have provided false information or are unable or unwilling to provide documentation to confirm your information, your account may be terminated and all activity within the account considered invalid.”
Datbet.net reserves the right to void all current and future play as well as the potential win/loss from customers who place money on a sport or event where they are in any way involved, as participants, referee, coach, manager or tournament organizer etc.
We communicate with our clients on a regular basis to provide information regarding their account, exclusive offers and updates. We may contact our clients via email, in accordance with their expressed wishes. We respect our clients’ privacy and will not rent, trade or release our clients’ information without their consent.
3. Reporting Activity
DatBet will keep periodic track of Clients’ wagering activity at all times and will supply reports summarizing this activity for last 12 months.
4. Player Rights
The client reserves the right to question or request clarification of rules, policies and procedures implemented by DatBet. Questions should be directed to an Account Management representative through our online communication system. In the event there may be a discrepancy with the grading of a wager or an account balance, the client may request a report of their wagering activity from last 12 months.
5. Terms & Termination
The term of this Agreement will begin upon DatBet’s written confirmation of the creation of your account. Either DatBet or the client may terminate this Agreement at any time, with or without cause. DatBet has the right to terminate the agreement without prior notice if the client breaches any terms or conditions of this agreement.
DatBet may withhold final payment for a reasonable time to ensure that the correct amount is paid to the client.
6.Fraud, Money dumping and Collusion
DatBet also has the right to hold any and all of a player’s funds indefinitely if it is found that the player has been involved in fraudulent activity on DatBet. Fraudulent activity may include, but is not limited to, stolen credit cards, transfer of funds to other player accounts (chip dumping), forgery, and collusion.
“You may only use the Software in accordance with the rules posted on the DatBet site, as may be modified from time to time. In cases where disputes arise between players, you agree that judgments of DatBet are final, binding and conclusive in all matters. All taxes, duties and fees applicable in connection with any money or prizes awarded to a Player are the Player’s sole responsibility. Violation of any DatBet policy or rule may result in suspension or termination of the player’s DatBet account.”
The Company has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in DatBet’s sole determination, you are found to have cheated or attempted to defraud the Company or any other user of any of the Games in any way including but not limited to game manipulation or payment fraud, or if the Company suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), the Company reserve’s the right to suspend and/or close your Account and to share this information (together with your identity) to other online gaming sites, banks, credit card companies, and appropriate agencies.
7. No Representation or Guarantee Regarding Profits or Income
The client agrees, understands and acknowledges that DatBet’s officers, directors, shareholders, employees, and/or accountants have made no representation of any nature whatsoever to the client regarding profits, income, or money which the client may obtain or generate from the Service; and/or from entering into this “Agreement”; and/or from marketing; and/or promoting any version of this Service; and/or from any other matter relating to this “Agreement”; and/or to the subject matter of this “Agreement.” Any expression by DatBet in this regard is an expression of opinion only and the client agrees, understands and acknowledges that they have not been induced to, and/or persuaded thereby to, enter into this “Agreement” and that the Affiliate has entered into the Agreement of their own free will and choice, without any force or duress, and only after thorough, complete, full, and thoughtful investigation and after obtaining independent advice and counsel from their accountant, their attorney, and their financial advisors.
The client shall defend, indemnify, and hold our affiliates, directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with (a) any breach of warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions.
DatBet makes no express or implied warranties or representations with respect to their services. In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
10. Limitation of Liability
DatBet will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total commission fees paid or payable to clients 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, officers, employees or shareholders.
11. Independent Investigation
The client acknowledges that he/she has read this agreement and agrees to all its terms and conditions. The client has independently evaluated the desirability of participating in this Agreement and is not relying on any representation, guarantee or statement other than set forth in this Agreement.
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, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Single bet – Any bet placed on a single event. The money you wagered will be deducted from your account, pending the outcome of the wager. If you win your winnings are automatically and instantly credited to your account.
Multibet – the games/selections of events joined toughether into one bet ticket. The stake you enter to right of the multiple bet chosen will be multiplied with the amount of lines available in the chosen multiple bet.
Potential winings – The amount you wager multiplied with the amount of lines available in the chosen bet. Potential winings are calculated by following formula(stake waggered + winigns = potential winings)
Deposit bonus is granted accoring with terms and conditions and the prmotion details. Unless otherwise stated bonus is granted at 12.00 CET time for all deposits from previous day. The bonus needs to be wagered at least 3 times with odds 1.5+ before withdrawal.
Betting terms and conditions
In the event of a system malfunction, all unconfirmed bets are void. We are not liable to you for any loss that you may incur as a result of such suspension or delay.
Dead Heat Rule: In the case two or more participants achieve the exact same winning result and therefore achieve a winning draw, the odds applied shall be equal to the odds accepted divided by the number of participants drawing (e.g. accepted odds 2.70 and three drawing participants leads to the applied odds: 2.70/3 = 0.90)
Palpable Error Rule: All odds, lines and handicaps are subject to fluctuation, and become fixed only at the time of bet acceptance. Where a palpable error or system failure results in an incorrect price, line or handicap taken in a bet, the bet, or that part of the bet if it is a multiple bet/parlay will be void. If the error is noticed in time, Datbet.net will make reasonable efforts to contact the customer to allow the choice of placing another bet at the correct odds/line/handicap.
If any event is not played or postponed on its scheduled date for any reason all bets will stand for the following day. If after that time the fixture/event is not played then all bets will be made void.
The company recognises only those results which have been achieved on the playing field or platform. Results amounting from disciplinary measures from a sports’ court or another court of law are not considered. In case of violation of sports laws, the company reserves the right to freeze the winnings and void all bets on the game.
If any Match is abandoned due to injury, bad weather, crowd trouble etc. all bets that have already been settled up until time of abandonment will stand. For example: A LOL match is abandoned in the second set, all bets involving the 1st set will stand, but the number of dragons killed(series) and highest KDA(series) bets will be void. The rules applies to offline tournaments.
Datbet reserves the right to void bets for games, where game conditions were substantially changed. (roosters, time, number of sets, other rules etc).
Multiple bets which combine different selections within the same event are not accepted where the outcome of one affects or is affected by the other.
Datbet.net reserves the right to refuse the whole or part of any bet and to make ambiguous bets void. No bets will unreasonably be declared void.
Datbet.net reserves the right to cancel any bets from customers who place money on an event or sport where they are in any way involved, as participants, referee, coach, manager, tournament organizer or employee ot those etc. (PLEASE NOTE: If within last 6 month you were in any way involved as player, referee, coach, manager, tournament organizer etc in a game(both online and offline) with one of the teams, that you can bet on our website on, we kindly request you to withstand from betting on that E-Sport until the end of 6 months period.)
For the purposes of the odd/even markets, zero goals/points counts as even, unless specified.
If the name of a player/team is misspelled, all bets stand unless it is obvious it is the other player/team.
All wagers will be settled using the official result as declared by the relevant governing body of the competition concerned.
- Offline events – 72h rule. For all bets referring to the final result of the event/tournament, any player/starter/team that is disqualified for whatever reasons within 72 hours after the end of the event/tournament will be deemed a loser. Any changes to rankings made after 72 hours after the end of the event for whatever reasons, will not be taken into consideration when the outcome of the bet is decided.
- Online events – wager settled using official result declared. Official changes to rankings made within 30 days after the end of the event for whatever reasons, will be taken into consideration when the outcome of the bet is decided.
Regardless of standins or roster changes, all bets should stay open.
The company does not assume liability for input, transmission, and/or evaluation errors. In particular, the company reserves the right to rectify obvious errors in particular in the input of bet odds and/or in the evaluation of bet results (e.g. confusion of odds or results, teams etc.) – even subsequently – or to declare affected bets void.
The company also assumes no liability for correctness, completeness or up-to-dateness of the information services provided, for example result messages sent via e-mail and SMS among others. The company also assumes no liability for the accuracy of livescores, statistics and intermediate results in live betting.
The company further reserves the right to cancel bets even subsequently if any such bet was won by the user as a result of a technical fault or error and the company is in a position to prove the technical fault(s)/error(s) by means of technical records. The burden of proof of technical fault or error is with the company. In any such case, the stake of the bet or game shall be re-credited to the player’s account. The company reserves the right to hold a user liable for any damage caused to the company as a result of such user knowingly taking advantage of a technical or administrative error when making and/or receiving payments.
A stake is exclusively a respective amount confirmed and indicated by the company.
Datbet is not responsible for any errors in regards to the announcing, publishing, times, results or venues displayed on this site, despite every effort being made to ensure their accuracy. It is the sole responsibility of the customer to check such information is accurate at the time of publication.
Players are required to place at least three bets of their deposit before withdrawal.
Football betting terms and conditions
- Unless otherwise stated, all Football bets will be settled based on the scheduled “90 minutes” play.
- The term “90 minutes” play includes any stoppage or injury time. This does not include the extra-time, golden goals, penalty shoot-outs, or a match result which was altered by the official referee or the relevant governing authority after the match.
- All In Play bets will be settled based on the outcome at the end of the scheduled “90 minutes” play, unless otherwise stated in the individual rule for the bet type.
- The term “45 minutes” play includes any stoppage or injury time for the first half of play. This does not include the extra-time, golden goals, penalty shoot-outs, or a match result which was altered by the official referee or the relevant governing authority after the match.
- For certain competitions or friendly matches where the scheduled play is 80 Minutes (2 x 40 minute halves), bets will be settled based on the scheduled time.
- Should there be any youth or friendly matches where play is set for 70 minutes (2 x 35 minute halves) or less, the company will announce before the start of the match. Otherwise all bets on these matches will be considered void.
- If the match is suspended or postponed at any time during play, and fail to resume within 36 hours, all bets will be considered void, unless explicitly stated below or in the individual Bet Type rules.
- If the match is declared abandoned, all bets will be considered void, unless explicitly stated below or in the individual Bet Type rules. If a match is abandoned during the 1st half, all 1st half bets are considered void. If a match is abandoned during the 2nd half, all 2nd half bets are considered void, unless otherwise stated in the individual bet type rules. All 1st half bets will still be valid.
- Own goals are counted for settlement purpose, unless otherwise stated in the individual bet type rules.
- If the scheduled venue is changed, all bets will be considered void if the original away team is now the home team.
- For International matches, as long as the change in venue is within same country, all bets are considered valid.
- For International competitions, as long as the venue is within the country or countries where the competition was originally scheduled to be held, all bets are considered valid.
- We reserve the right to void all bets if we think other change of venues scenarios could affect the outcome of the event.
Tennis betting terms and conditions
Aside from the following special betting rules, the common betting rules apply. The special rules will take precedence over the common rules nevertheless.
“2Way – Who will win” bets: In a tennis match that ends with one of the players retiring, the “2Way – Who will win” bet is declared valid as soon as the first ball of the match has been played. For betting purposes, the winner is always the player who is declared the winner by the match referee. The same applies to “Doubles” matches.
All other bets that are determined (i.e. the outcome is already decided) at the time a player retires are valid and will be settled accordingly. All bets that are not decided at the time a player retires are void.
A set/game/tie-break is deemed to have taken place as soon as its first ball has been played but the outcome of the set/game/tie-break is not decided before the set/game/tie-break is completed.
For all bets referring to the number of games played, a “Tie-break” is counted as one game.
Champion’s Tie-break (played up to 10 points): If a match is decided by a “Champion’s Tie-break” instead of the final set, then the “Champion’s Tie-break” counts as a set for betting purposes but not as a “Tie-break“.
If a match is interrupted or postponed, the bets within the framework of the tournament will remain valid until the match is completed. However, matches that are interrupted or postponed, but which do not take place within the framework of the tournament (e.g. exhibition matches), will be declared invalid if the match is not resumed and completed within 72 hours.
In case of interruptions, the continuation of the match can be offered, including the result at the time of the interruption. This continuation will be deemed a new match for betting purposes. In case a match is interrupted and not resumed, then all bets on the continuation (including the result at the time of the interruption) of the match are void.
Tournament bets: If not otherwise stated, for all bets referring to the final result of a tournament, the “All bets stand” principle applies.
“Who will win/play more games in round X?”: The winner of a bet is the player who wins/plays the most games after comparing two players in the same round of a tournament. It is not important whether one of the two players wins or loses his match. For the purposes of this bet, only the games won/played by each player will be counted (a tie-break is counted as a game). These bets are only offered on “Singles” matches, and “Doubles” matches will not be used to evaluate the bet. The bets are always based on the corresponding tournament round (e.g. Round 1, Round 2, etc.). Should at least one of the two matches end with the retirement of any player, then all bets will be void.
Affiliates terms and conditions
In these terms and conditions, the following words and expressions shall have the following meanings:
Affiliate: A natural or juristic person that may or may not be associated with another as a parent, subordinate, subsidiary, or member who has registered and is accepted by Datbet.net as an Affiliate of the Affiliate Programme in terms of this Agreement.
Affiliate Programme: The Affiliate Programme operated by Datbet.net.
Commission: The commission that You shall be paid in terms of clause 5.1 below:
Confidential Information: any information of whatever nature, which has been or may be obtained by the Affiliate from Us, the Merchant and/or its licensors, whether by way of the Affiliate Programme or otherwise, whether relating to Our or the Merchant s information and whether in writing or in electronic form or pursuant to discussions with Us or the Merchant, or which can be obtained by examination, testing,visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas, analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition; and any dispute between the Affiliate and Us or the Merchant or resulting from this Agreement.
Charge Back: Where a Customer or the credit card issuing bank or any other third party payment solution provider affects a reversal of charges in relation to a credit card or third party purchase transaction and for the purposes of calculating Net Revenue and Net Rake is regarded as Fraud. Chargebacks are deduced in the month they are charged.
Customer: A person or entity that You direct in any manner to a Merchant of Datbet.net and who can be linked to Your Affiliate ID and who opens an account with such Merchant (and shall hereafter also be referred to as “players” or as “Active Accounts”). By opening an account with a Merchant, that person or entity will become Our Merchant’s Customer and, accordingly, all Merchant’s rules, policies, and operating procedures will apply to them.
Fraudulent Activity: A deception which in the sole opinions of Datbet.net, a casino or a poker room, is deliberately practised by a Customer or an Affiliate in order to secure a real or potential, unfair or unlawful gain and shall include Fraud Costs.
Fraud Costs: Any costs (financial or otherwise) that Datbet.net or its Merchants incur as a direct or indirect result of Fraudulent Activity by Yourself, Your employees and/ or Customers/ players whom You, as Affiliate, have introduced to the sports betting Merchant.
Merchant: A party (who may be either a casino or poker room) for which professional services are rendered. Under this agreement Datbet.net provides, on behalf of the Merchant and the Affiliate, services to both parties.
Match Betting/Arbitrage Betting: Any way of betting, with or without offers, such as freebets or other offers, that will give the Customer a sure win at no risk.
Datbet.net: Datbet.net is a third party solution provider that facilitates an association between a merchant (hereinafter “Merchant”) and an Affiliate.
Second-tier Affiliate: A person or entity that You direct in any manner to Datbet.net and who can be linked to Your Affiliate ID, which person or entity becomes an Affiliate of Datbet.net.
Spam: Unsolicited e-mail, sent indiscriminately to one or more mailing lists, individuals, or newsgroups.
You/ Your/Member: You in Your capacity as an Affiliate.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THESE SERVICES. BY USING THIS WEBSITE AND/ OR REGISTERING UP AS AN AFFILIATE WITH THE AFFILIATE PROGRAMME, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THEREAFTER, BE SURE TO READ THESE TERMS AND CONDITIONS PERIODICALLY AS WE WILL MAKE CHANGES TO THEM FROM TIME TO TIME. YOU WILL BE BOUND BY THESE CHANGES.
Your use of this website, including, but not restricted to, all web pages under the domains Datbet.net, or any other domain that may be registered by Datbet.net, or any parent company or subsidiary or associated company of Datbet.net (collectively, the “Site”), during the course of this Agreement, and all information, data, text, software, information, images, sounds or other materials (collectively, the “Content”) contained therein, confirms your acceptance of this Agreement and is subject to Your continued compliance with the terms and conditions of this Agreement.
Please do not enroll in the Affiliate Programme if Your site is unsuitable, as we reserve the right to, and shall, immediately terminate the Agreement if Your site is determined by Us to be unsuitable. See clause 6.4 below for a list of some of the types of sites that we regard as unsuitable.
3. Datbet.net: Rights and Obligations
3.1 Appoint You as Affiliate – We shall evaluate Your application on submission thereof by You and notify You in a timely manner of Our acceptance or rejection thereof. If We accept Your application then, on Your registration as Affiliate in the Affiliate Programme, We shall and hereby grant You a non-exclusive right to direct Customers to Datbet.net and/or Our Merchants’ sites and services, in accordance with the terms and conditions of this Agreement. We intend to and shall contract with and obtain the assistance of others at any time to perform services of the same or similar nature as Yours.
3.2 Licence to use Intellectual Property – On registration We shall and hereby grant to You a non-exclusive, non-transferable licence, during the term of this Agreement, to use Our and Our Merchants’ trademarks, service marks, trade names, logos, designations, copyrights and other proprietary rights (“Intellectual Property”) (licensed, in turn to Us from their owner) solely in connection with the display of the banners on Your site, and strictly for no other use whatsoever thereof. Any breach of such Intellectual Property rights, may result in penalties, as more fully set out hereunder.
3.3 Register Customers – We will register Customers and will track their purchases and, in the case of casino Merchants, their play. A Merchant has the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements that they may periodically establish.
3.4 Track and report on Customers’ financial activity – We will track Customers’ purchases and provide You access to reports of Customer activity and the commission generated. We will provide You with a unique tracking link but it is Your responsibility to ensure that the tracking links You use are in the correct syntax. We cannot track Your customers if the links You provide are incorrect.
3.5 Pay You a Commission – We will facilitate payment of Commission from the Merchant to You based on income Our Merchants earn from purchases and play from Your Customers after they open an account with a Merchant. Payment shall only be made to You once We have received payment from a Merchant. We reserve the right to change payment terms at any time and for any reason. See paragraph 4 below in relation to Commission.
3.6 Modification of this Agreement – We may amend, alter, delete, interlineate or add to any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral programme rules.
Any amendments, alterations, deletions, interlineations or additions to this Agreement shall be effective immediately upon notice, which may be provided to You via e-mail or by display on the Site (hereinafter, “Notice”). Your use of the Site and/ or continued marketing of Us or Our Merchants after such Notice is given to You will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions of the new Agreement should this Agreement be replaced in its entirety. Be sure to review this Agreement periodically to ensure familiarity with its most current version.
NO PURPORTED MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE RECOGNISED BY US.
None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
4. Your Rights and Obligations
4.1 Your Warranties – By applying to be registered as an Affiliate of the Affiliate Programme, You warrant that (a) the information You provide Us on registration is complete, valid and honest; (b) in the event You are a juristic person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity; (c) the execution of this Agreement by such person, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound and (d) Your marketing activities shall adhere to the eCogra eGap; (e) You will comply to the fullest extent with clause 6.5.1.
4.2 Spam – In the giving of effect to this Agreement You may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.
Any form of Spam will result in Your account being placed under review and all funds owed to You being withheld, pending an investigation. If Our Merchant incurs expenses and/ or damages in dealing with Spam generated mail or being blocked by third party Internet Service Providers these same expenses and/ or damages will be deducted from Your account should Our Merchants seek recourse against Us. If this occurs the amount of such expenses and/or damages as determined by a Merchant will be deemed fair and final and acceptable to You. Should these expenses and/or damages not be covered by funds in Your account we have the right to investigate other alternative means for obtaining payment, for example: should Your account have generated purchasing accounts we will hold payment of commission for these accounts until such a time as the account for expenses and/or damages has been cleared. Should your account not be active nor be generating profit through commission payments We shall have the right to demand payment from You.
Should You require more information regarding Our Spam policy, please contact Us at admin@Datbet.net.
Should You wish to report any incidences of Spam, please contact Us at admin@Datbet.net.
4.3 Marketing Material – On registration as an Affiliate of Datbet.net, You shall, via our site, newsletters and staff, have access to banners, text and/or other online and offline promotional materials and trademarks (collectively “Approved Marketing Material”). You may place said materials on Your site, and/or utilise them via e-mail and/or direct marketing and/or print media. These are the designated methods by which You may advertise on behalf of Our Merchants or Datbet.net. You may not alter any of the Approved Marketing Materials or make use of other marketing materials without Our prior written consent. All Approved Marketing Material must be kept current and You shall utilise new Marketing Material forthwith after it is made available to You by Us. A breach of this clause 4.3 in any way shall entitle Us to terminate this Agreement with immediate effect.
4.4 Affiliate Appointment – You hereby accept the appointment as Our Affiliate in terms of clause 3.1 above. You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals. You shall have no claims to Commissions or other compensation on business secured by or through persons or entities other than You.
4.5 Good Faith/Ethical Conduct – You will not knowingly benefit from known or suspected traffic not generated in good faith, or via spam, whether or not it actually causes Client damage. This is including but limited to You playing under Your own affiliate tracking links, brand bidding and or any other fraudulent behaviour. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts owed to you, either current or future, under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.
4.6 Responsibility for Your Site and/or Marketing Methods and Activities – You will be solely responsible for the development, operation, and maintenance of Your site and/or Marketing methods and activities and for all materials that appear on Your site and/or distributed via Your Marketing methods and activities. For example, You will be solely responsible for ensuring, amongst other things, that materials posted on Your site are not libellous or otherwise illegal. In the case of Approved Marketing Material, You are required to ensure that all offers are current.
4.7 License to use Intellectual Property – The license granted to You in terms of clause 3.2 above may not be sub-licensed, assigned or otherwise transferred by You, and shall only be used for the purposes set out therein. You shall not during the term of this Agreement nor at any time thereafter assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceeding of whatever kind or nature, shall not take any action that may prejudice Our, Our Merchants’ or Our licensor’s rights in the Intellectual Property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill, nor use the license for any other purpose than that for which it is intended, and as set out in clause 3.2
4.8 Restrictions – You are restricted to one Affiliate account only; shall not earn Commission on the Net Revenue and/or Net Rake of any Second-tier Affiliate if, in the case that You are a juristic entity, they are Your employee, director, shareholder or agent or, in the case that You are a natural person, they are Your employee, agent or direct family member; shall not earn Commission on the Net Revenue and/or Net Rake on Your own Customer Account nor on the Customer Account/s of Your employees or immediate family members.
If You or Your employees sign up as a Customer at one of Our Casino Merchants We have the right to terminate this Agreement.
4.9 Confidential Information – Except as otherwise provided in this Agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning Us or You, respectively, or any of Our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilised, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.
During the term of this Agreement, You may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Our Merchants and/or the Affiliate Programme (including, for example, Commission earned by You under the Affiliate Programme). You agree to avoid disclosure or unauthorised use of the Confidential Information to third persons or outside parties unless you have Our prior written consent and that You will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
4.10 Data Protection – You shall comply with any relevant data protection laws in the jurisdiction in which You are domiciled and any jurisdictions in which You operate.
4.11 Money Laundering – You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.
It is recorded that some jurisdictions in which We operate have strict laws on money laundering that may impose an obligation upon Us to report You to the federal or local authorities within such jurisdictions if We know, suspect or have reason to suspect that any transactions in which You are directly or indirectly involved, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Affiliate Programme or Our Merchants to facilitate criminal activity.
If we have any knowledge or suspicion envisaged above We may (a) immediately suspend, deregister or terminate Your membership of the Affiliate Programme; and/or (b), in our absolute discretion, not pay You any funds due to You as Commission.
We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.
5. Commission: Calculation and Payment
5.1 Calculation of Casino, Bingo, Sports Betting and Poker Commission for affiliates registered after February 1st 2013
45% Revenue share for the first month
For the purposes of this clause 5.1 the following terms shall have the following meanings:
Fraud: any conduct that the casino in its sole discretion determines to be fraudulent conduct which shall include, but not be limited to, fraudulent credit card transactions and/or Charge Backs.
Gross Win: the total revenue generated by the casino as a result of all purchases by players introduced to the casino by You. For Sports Betting, this is the total revenue from settled bets, placed by players introduced to Sports Betting by the Affiliate.
Net Revenue: Gross Win less Progressive Contributions less Non-Cash Items less Fraud.
Non-Cash Items: the value of free credits or cash handed out to players by the casino or any other direct costs incurred to maintain the loyalty of a player (e.g. the cost of a gift to a player).
Progressive Contributions: a percentage of revenue generated on any progressive game that is paid over by the casino into a progressive pool.
Balances carried over: In the calculation of Commission where Net Revenue is negative due to Customer winnings and/or Non Cash Items and/or Cash Items and/or Progressive Contributions said balance will be set to zero. A negative balance due to Fraud costs will be carried over (see 5.4 High Roller Policy for additional information).
5.2 Fraud Costs – We have and reserve the right to pass on any Fraud Costs to Your account.
5.3 Commission Payment – 5.3.1 We will process the Commission earned by You in the previous calendar month by the tenth working day of the following month. We shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.
5.3.2 Payment shall be made by Us to You by way of the method selected by You on registration, at the market exchange rate in US dollars, UK pounds, Euros, Australian Dollar, Canadian Dollar, Danish Krona, Swedish Krona, Norwegian Krona, or one of the other payment currencies available to Datbet affiliates.
5.3.3 You will not be able to update or, in any way, change Your payment details in Your Datbet account during the 5 (five) working days prior to the Pay Date and any attempts by You to make such changes during this 5 working day period prior to the Pay Date will be deemed invalid and such changes will not be applied. To ensure Your payments are processed, it is Your sole responsibility to ensure that You have the entered Your correct payment details 5 (five) working days prior to the Pay Date.
5.3.4 You will only be paid by bank wire if the total amount owed in a single quarter is €500 or more. This is because of the costs associated with sending bank wires with a value lower than this. If You wish to be paid by bank wire when the amount owed is less than €500 then You must contact us by the fifth day of the following month in question. In doing so You thereby agree to pay any associated costs that arise as a result of receiving the bank wire.
5. Term and Termination
5.1 Term – The term of this Agreement will commence on submission of Your registration to Datbet.net and shall endure until terminated for any reason on notice by either Party.
5.2 Termination – Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
5.3 Consequences of Termination – All rights and licenses granted to You in this Agreement shall immediately terminate. You must immediately remove any reference to Datbet.net and any of its Merchants from Your site and disable any links from Your site to same. In particular, You shall immediately remove access to any derivative website established by Yourselves.
” Upon termination for reasons other than breach of this Agreement by Yourselves, You shall continue to be entitled for a period of six months to receive Commission on the terms and conditions as specified herein.
” If We continue to permit activity (generation of revenue) from Customers directed by You after termination, this shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.
You will return to Us any Confidential information and/or Customer Information, and all copies of it in Your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations relating to Us or to Our Merchants. You will take immediate steps to transfer ownership to Our Merchants of each derivative URL established by You, at a cost to Datbet.net and/or Our Merchants not exceeding that incurred by You in registering the derivative URL.
You and We and Our Merchants and their electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall 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 that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate You from any liability arising from any breach of this Agreement, that occurred prior to termination.
5.4 – WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
Any form of traffic that is generated from any medium that is aimed at children, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights, or are otherwise considered by Us to bring Datbet.net or Our Merchants into disrepute or prejudice the interests of Datbet.net or Our Merchants in any way is considered unsuitable and constitutes a breach of agreement.
5.5.1 Datbet shall be entitled to, at its sole discretion, to terminate this Agreement and withhold all funds due to the Affiliate for referral of players to be found to be involved in, or should Datbet reasonably suspect any player referred by the Affiliate of being involved in, Match Betting or Arbitrage Betting.
5.6 Sale of Business – We recognise that an Affiliate may wish to sell his/her/ its Affiliate business to a third party. We require an Affiliate to recognise and respect that the personal qualities, probity and background of Affiliates is vital to Our decision to accept a person as an Affiliate of the Affiliate Programme.
5.6.1 If an Affiliate wishes to sell or otherwise dispose of the shares or assets of his/her/its Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of his/her/its Affiliate business) the Affiliate shall be required, prior to completing the sale, disposal or transfer, to:
(i) give Us no less than 30 (thirty) days prior written notice of such intention, simultaneously provide such details as We may request (which shall include, but not be limited to, the selling of the Affiliates Affiliate ID and full details of the intended purchaser (including their banking details and, if they are already an Affiliate of the Affiliate Programme, their Affiliate ID) and furnish Us with an irrevocable consent and authority to pay the selling Affiliates Commission, after the sale is completed, to the purchaser, in a form acceptable to Us in Our sole discretion; and
(ii) make the deed of sale subject to the suspensive condition that We approve such purchaser as an Affiliate of the Affiliate Programme and that such intended purchaser shall, subject to Our approval (at Our sole discretion) join the Affiliate Programme.
5.6.2 If We reject the intended purchaser as an Affiliate of the Affiliate Programme and the selling Affiliate nevertheless decides to proceed with the sale, We reserve the right to terminate this Agreement insofar as it relates to the selling Affiliate, the business sold and/or the purchaser.
7. Relationship of Parties
7.1 You and We are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You shall have no authority to make or accept any offers or representations on Our behalf. You shall not make any statement, whether on Your site or otherwise, that conflicts with this clause 7.1.
7.2 You will not be treated as an employee with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Acts, or any other federal, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned Code and Acts.
7.3 You shall not make any claims, representations, or warranties in connection with Us or Our Merchants and You shall have no authority to, and shall not, bind Us or Our Merchants to any obligations outside of this Agreement, unless agreed to in writing by either Datbet.net or Our Merchants.
8. Indemnity, disclaimers and Limitation of Liability
8.1 Indemnity – You shall defend, indemnify, and hold Us and Our Merchants and their electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with (a) any breach by You of any warranty, representation, or agreement contained in this Agreement, (b) the performance of Your duties and obligations under this Agreement, (c) Your negligence or (d) any injury caused directly or indirectly by Your negligent or intentional acts or omissions, or the unauthorised use of Our banners and links or this Affiliate Programme. Further, You will indemnify and hold Us harmless from all claims, damages, and expenses (including, and without limitation, attorneys fees) relating to the development, operation, maintenance, and contents of Your site.
8.2 Disclaimers – We make no express or implied warranties or representations with respect to the Affiliate Programme, Datbet.net or Commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, We make no representation that the operation of Our site (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.
8.3 Limitation of Liability – We will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Affiliate Programme, even if We have been advised of the possibility of such damages. Further, Our aggregate liability arising with respect to this Agreement and the Programme shall not exceed the total Commission paid or payable by Us to You under this Agreement. Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.