This Agreement is put into effect for all Acquired Customers (Please see Terms and conditions below). The parties to this Agreement are Comfortlink N.V. (“RealDealBet”, “we”, “our” or “us”) and the individual or entity participating in our Affiliate Program (“Affiliate” or “you”). The subject matter of this Agreement shall be the implementation of a link or bonus code provided by RealDealBet to the Affiliate with the aim of establishing an advertising cooperation for the mutual benefit of the parties hereto (“Affiliate Program”). This Agreement contains the terms and conditions that apply to Affiliate's participation in the Affiliate Program. The Terms and conditions further set out below are an inseparable part of this Agreement.
We've created these terms and conditions to protect you and RealDealBet, so you can get the best possible return from our relationship. If you have any questions about anything in these terms, please get in touch and we'll be happy to help.
When used in this Agreement, each of the following terms shall have the meaning attributed to it below:
1.1. “RealDealBet Website(s)” shall mean the website located at www.RealDealBet.com and any other website as designated by RealDealBet from time to time and all of their related pages;
1.2. “Affiliate Website ” shall mean those website(s) that are owned and/or controlled by the Affiliate and which are submitted by the Affiliate as websites that are to be included in the Affiliate Program;
1.3. “Eligible Acquired Customer” shall mean a distinct Internet user without a prior account with RealDealBet who during the term of this Agreement: (i) accesses a RealDealBet Website(s) directly through a Link published by you in an Affiliate Website or bonus code provided to you by RealDealBet, (ii) signs up for RealDealBet's services within 30 days by opening a new user account with a RealDealBet Website, (iii) has been verified and approved in accordance with applicable regulatory requirements, including any applicable age or ID verification; (iv) makes the required minimum deposit into his/her user account as may be required by RealDealBet from time to time; (v) places bets with deposited money on the relevant RealDealBet Website and (vi) meets any other qualifications based on gaming activity which we may add from time to time per territory at our discretion. For avoidance of doubt, an Internet user shall not qualify as an Eligible Acquired Customer if such user deposited in any other account on a RealDealBet Website;
1.4. “Excluded Territories” shall mean any of the following: Belgium, Bulgaria, France, Hungary, Israel, Spain, Turkey and USA, and any other territory as determined by RealDealBet from time to time in its sole discretion.
1.5. “Fraud Traffic” shall mean deposits, revenues or traffic generated 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. This could include but shall not be limited to, actual or attempted: chargeback by an Eligible Acquired Customer in relation to its initial deposit, deposits generated on stolen credit cards, collusion, manipulation of the service or system, bonuses or other promotional abuse, Creation of false accounts for the purpose of generating Commission, unauthorized use of any third-party accounts, copyrights, trademarks and other third-party intellectual property rights or the offering or providing by the Affiliate or any third party of any unauthorized incentive (financial or otherwise) to potential Eligible Acquired Customer (including, without limitation, the sharing by the Affiliate of any Commission earned by the Affiliate through its promotion of RealDealBet Website(s).
1.6. “Net Revenue” shall have the meaning ascribed thereto in Section 7.2 below;
2. APPLICATION TO JOIN AFFILIATE PROGRAM
2.1. In order to become an Affiliate you must submit a completed Affiliate Program Application Form at http://partners.RealDealBet.com/registration.asp.
2.2. We will review your application and we may then, in our sole discretion, notify you that we accept or reject your application to participate in the Affiliate Program or require further information from you.
2.3. In the event that we request additional information from you in accordance with Section 2.2 above, your application will be treated as having been re-submitted to RealDealBet and we will review it in its entirety and subsequently notify you of your acceptance or rejection to the Affiliate Program as determined by us in our sole discretion.
2.4. Without in any way limiting our discretion to determine that an affiliate is not suitable for the Affiliate Program, we may reject your application or terminate this Agreement with immediate effect, if in our sole discretion, we determine that any of your marketing methods (including the content included on an Affiliate Website) is in breach of Section 4.5 below.
2.5. We are strongly committed to the protection of our customers from all types of malicious, harmful or intrusive software and hold a zero-tolerance policy in such regard. Therefore, we shall reject your application or immediately terminate this Agreement if we deem, at our sole discretion, that any of an Affiliate Website(s) is designed to distribute or promote any spyware, adware, trojans, viruses, worms, spybots, keyloggers or any other form of malware.
2.6. You shall have no right to appeal any decision by RealDealBet to reject your application.
3. SETTING UP LINKS
3.1. In the event of your acceptance as an Affiliate: (i) we will assign you a partner identification code. The RealDealBet registration system uses these assigned link codes to identify Eligible Acquired Customer referrals from the Link of the Affiliate Website and (ii) we will make available to you banner, button links, text links and other links, all linking to RealDealBet Website (collectively referred to as the "Links"). Subject to the terms and conditions of this Agreement, we grant you, for the duration of the term of this Agreement, the non-exclusive and non-transferable right to market and promote the RealDealBet Website(s) solely by means of placing of the Links on the Affiliate Website.
3.2. In using the Links, you agree that you will cooperate fully with us in order to establish and maintain the Links. If during the term of this Agreement you wish to place the Links on websites other than the Affiliate Website(s) you must request and receive RealDealBet’s prior written permission for the placement of the Links on such alternative websites before placing any such Links (where permission is granted, such alternative websites shall then become Affiliate Website(s) for the purposes of this Agreement).
3.3. RealDealBet shall develop and make available marketing tools for the advertising space of the Affiliate and may update such tools from time to time.
3.4. You may not assign your rights and/or obligations under this Agreement, in full or in part, to any third party. You hereby acknowledge that nothing herein shall be deemed to grant it exclusivity in relation to providing services to RealDealBet and you shall not claim any type of exclusivity in its relationship with RealDealBet at any time.
4. AFFILIATE REPRESENTATIONS AND OBLIGATIONS
4.1. You hereby represent and warrant to us the following: (i) you have accepted the terms and conditions of this Agreement, which creates legal, valid and binding obligations on you, enforceable against you in accordance with its terms; (ii) all the information provided by you with regards to your application to the Affiliate Program are true and accurate; (iii) such acceptance and the performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; and (iv) you are an adult of at least 18 years of age.
4.2. As the Affiliate you are responsible for marketing to potential Eligible Acquired Customers and referring them to RealDealBet Website(s). You are solely liable for the content and manner of such marketing activities. You will not use any unsolicited or spam email to promote the RealDealBet Website(s) and will ensure that the Affiliate Website and any related marketing materials or communications do not contain any spyware, adware or other unwanted threats.
4.3. We expect all your marketing activities as the Affiliate to be professional, proper and lawful under any applicable rules, regulations or laws. They should also comply with the terms of this Agreement.
4.4. Throughout the term, we expect you as the Affiliate to make sure that you are prominently incorporating and displaying the most up to date Links. You may not modify the form, location or operation of any Link, unless you have received prior written consent from RealDealBet to do so. In the event that we determine that your use of any Link is not in compliance with the terms of this Agreement, we may take such measures as to render such Links inoperative. You may not advertise the RealDealBet Website(s) in any way not approved in advance by RealDealBet in writing including, without limitation, the use of spam emails.
4.5. In addition to your use of Links you may promote the RealDealBet Website(s) by means of publication of bonus codes (each a "Promotion"). Your activities in relation to a Promotion shall be strictly in accordance with RealDealBet’s or its affiliate's relevant guidelines as such shall exist and amended from time to time. Your offering of a Promotion at any time shall be conditional on your receipt of prior written approval from RealDealBet for the Promotion and in the event that you do not receive our approval in relation to a Promotion, you shall not be permitted to receive any commissions generated on account of Eligible Acquired Customers, in relation to such unapproved Promotion.
4.6. You warrant and undertake that there is no legal, commercial, contractual or other restriction, which precludes or might preclude you from fully performing your obligations pursuant to this Agreement. You undertake, that if there should, at any time during the entire term of the Agreement, occur anything to prevent you from wholly fulfilling your obligations hereunder, you shall notify us immediately and RealDealBet shall be entitled to terminate this Agreement by immediate notice, without advance warning and without the requirement to make any further payments to you following the termination.
4.7. You are not permitted to, nor should you authorize, assist or encourage any third party to participate in the following activities, which shall be deemed to be “Fraudulent”and the traffic generated through those same activities- a “Fraud Traffic”:
4.7.1. Place marketing materials on any Affiliate Website(s) or other medium where the content and/or material on such website or medium is potentially libellous, defamatory, harmful, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent, contains discriminatory content (whether based on race, sex, religion, nationality, ethnicity, sexual preference, physical disability, gender or otherwise) or violates the intellectual property rights of any other party or that is, in our sole discretion otherwise unsuitable.
4.7.2. Place any Links on pages of the Affiliate Website(s) aimed at persons under the age of 18 years.
4.7.3. Market or promote RealDealBet Website(s) to persons from any Excluded Territories or be involved in any traffic coming from any Excluded Territories or allow, assist or encourage circumvention of any restriction put in place by RealDealBet in connection with Excluded Territories.
4.7.4. Open more than one affiliate account without prior written consent by RealDealBet.
4.7.5. Register as a player or make deposits to any player account through your own or any Sub-Affiliate's Links for personal use or the use of relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the Commission or to defraud us.
4.7.6. Do any act that causes the Affiliate Website(s) or any other website to copy or resemble the look and feel of the RealDealBet Website(s) or attempt to pass as RealDealBet or otherwise confuse potential players in connection therewith.
4.7.7. Register (or apply to register) any domain name similar to any domain name used by or registered in the name of RealDealBet or any other name that could be understood to designate RealDealBet.
4.7.8. Market the RealDealBet Website(s) in any way which might compete with our own marketing efforts, unless you have received written approval from us in such regard. By way of example and without limiting the generality of the foregoing, the following activities will be considered to be activities, which if undertaken by you, would compete with our own marketing efforts and are prohibited hereunder: (i) the placement of Links on any websites on which we place advertisements for the RealDealBet Website(s); and (ii) the promotion of the RealDealBet Website(s) by you by way of keyword advertising with Internet search engines, including by way of, purchasing or registering keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of RealDealBet's trademarks or otherwise include the word ‘RealDealBet' or variations thereof, or include metatags on the Affiliate Website(s) which are identical or similar to any of RealDealBet's trademarks.
4.7.9. Sell or purchase any 10Bet affiliate account, without the express written consent of RealDealBet.
4.7.10. Use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer new Eligible Acquired Customers to the RealDealBet Website.
4.8. You may not change the URL address of the Affiliate Website(s) without the prior written notification of RealDealBet, in doing so you are in breach of this Agreement and in any event this will not affect your obligations arising from this Agreement.
4.9. As the Affiliate, you agree to give RealDealBet reasonable assistance regarding the display, access to, transmission and maintenance of the Links.
4.10. Your breach of the foregoing provisions will constitute a material breach of this Agreement and RealDealBet retains full authority to: (i) terminate this Agreement immediately in the event of such breach and (ii) retain for its own account any Commission accrued to your benefit at such time and thereafter.
4.11. All RealDealBet affiliates are required to refer a minimum of 5 Eligible Acquired Customers within a three-month period of joining the Affiliate Program. Should an affiliate not reach this requirement, you may not be qualified for any Commission.
4.12. RealDealBet may refuse to register any new Eligible Acquired Customer or close an Eligible Acquired Customer's account if it does not comply with RealDealBet's policy and/or does not protect the interest of RealDealBet. In such an event, you shall no longer be entitled to any payment in connection with such Eligible Acquired Customer.
5. REALDEALBET RIGHTS AND OBLIGATIONS
5.1. RealDealBet has the right to monitor the Affiliate Website to ensure the Affiliate is complying with the terms of this Agreement and the Affiliate shall provide RealDealBet with all data and information (including passwords) to enable RealDealBet to perform such monitoring at no charge.
5.2. RealDealBet shall bear any costs of creating graphical representations of the Links. RealDealBet shall administrate the turnover generated via the Links, record Net Revenue and the total amount of the Commission earned via the Link, provide the Affiliate with performance statistics online, and handle all customer services related to the business.
5.3. If we suspect any Fraud Traffic payment of any Affiliate or Sub-Affiliate, RealDealBet could suspend your commission for up to 180 days while RealDealBet investigates and verifies the relevant transactions. We are not obliged to pay Commission for Eligible Acquired Customers who are not verifiably who they claim to be or are otherwise involved with Fraud Traffic. If we determine any activity to constitute Fraud Traffic, or to otherwise be in contravention of this Agreement, then RealDealBet may in its sole discretion:
5.3.1. pay the Commission in full;
5.3.2. recalculate the Commission in light of such suspected Fraud Traffic; and/or
5.3.3. forfeit Commission in respect of Fraud Traffic (as appropriate).
5.4. RealDealBet reserves the right to reduce Affiliate’s Commission percentages if the Affiliate reduces efforts to recruit new Eligible Acquired Customers. The Affiliate's reduced or suspended promotion of RealDealBet Website(s) will be deemed to represent termination of this Agreement.
5.5. The Company reserves the right, at its sole discretion, to immediately cease any or all marketing efforts in certain jurisdictions and will not be liable to pay you any Commissions which have accrued to your benefit that are attributable to such jurisdictions, without notice to you.
6. ELIGIBLE ACQUIRED CUSTOMERS
6.1. Neither you nor your relatives are eligible to become an Eligible Acquired Customer (through your own affiliate account or through the RealDealBet Links promoted by you), should you or they do so you will not be eligible to receive the Commission and such attempt on your part shall be considered a fraudulent act against RealDealBet. For this purpose, the term "relative" shall mean any of the following: spouse, partner, parent, child or sibling.
6.2. The number of Eligible Acquired Customer per individual household computer is strictly limited to one. RealDealBet’s measurements and calculations in relation to the number of Eligible Acquired Customer and the relevant Net Revenue figures shall be the sole and authoritative tool and shall not be open to review or appeal.
7. COMMISSION, PAYMENT AND PAYMENT TERMS
7.1. Our standard commission type for all Affiliates is a net revenue share, whereby RealDealBet pays to the Affiliate a revenue share out of the Net Revenue generated by Eligible Acquired Customers in a rate as indicated and detailed by us in our notification of your acceptance as an Affiliate (the “Commission”).
7.2. "Net Revenue" is the amount staked by Eligible Acquired Customers in the relevant calendar month less: (i) returns (winnings), (ii) any bonuses or credits given to Eligible Acquired Customers, (iii) returned transactions, charge-backs or any uncollectible (or refunded) revenue attributable to Eligible Acquired Customers, (iv) taxes, betting duties or similar mandatory payments imposed by any authority having jurisdiction over RealDealBet, and (v) third party license fees, including payment processing fees, end-user verification and validation fees and software royalties.
7.3. Net Revenues received in currencies other than Euros shall be converted in accordance with RealDealBet's standard currency exchange policy.
7.4. If you would prefer to have the Commission payable based on CPA scheme (cost per acquisition), you should send an email to: affiliates@RealDealBet.com. Your application will be reviewed by one of our affiliate team and we'll respond to you within a reasonable timeframe. We do however reserve the right to refuse any CPA deal.
7.5. It is your responsibility as the affiliate to request payout once during every 6 month period by the 5th of the month following the month in which the payment is due. RealDealBet reserves the right to withhold the relevant part of credit in case of failure to comply.
7.6. Your RealDealBet affiliate account must have a minimum of 5 active referred Eligible Acquired Customers before you will be eligible for any Commission.
7.7. Each month will carry the previous month's balance, whether it is negative or positive. RealDealBet may apply a negative balance carry-over whereby in the event that at the conclusion of a calendar month the Commission is a negative amount, we shall apply such negative amount to the commission calculation of the subsequent calendar months until such time as the negative balance has been fully set-off against future positive commission amounts generated or any other payment payable to you by any entity in RealDealBet’s group or issue an invoice for such negative amount at our discretion.
7.8. Affiliate payments are granted on a monthly basis and payable by the 20th of the month following the month in question. Our minimum payout is €100 or the equivalent, if the selected payment method is Moneybookers (Skrill), Neteller or Webmoney, and €500 if the selected payment method is Bank Transfer.
7.9. RealDealBet retains the right to review all Commission for possible Fraud Traffic on your or Sub-Affiliate’s part or on the part of the Eligible Acquired Customers. In the event that RealDealBet reasonably deems that fraud has occurred in relation to the generation of the Commission, RealDealBet shall be entitled to withhold such Commission or set-off an appropriate amount from future payments of Commission and all as further detailed in Section 5.3 above.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. In the event of your acceptance to the Affiliates Program, we shall grant you a non-transferable, non-exclusive, revocable license to place the Links on your Affiliate Website(s) and/or other means of marketing during the term of this Agreement, and solely in connection with the Links, to use RealDealBet’s and its affiliates' logos, trade names, trademarks, service marks and similar identifying material as contained in the Links (collectively, "Licensed Materials"), solely for the purpose of promoting the RealDealBet Website(s).
8.2. You are not permitted to alter, modify or change the Licensed Materials in any way whatsoever.
8.3. You may not use any Licensed Materials for any purpose whatsoever other than promoting the RealDealBet Website(s), and in any event, you may not use the Licensed Materials without first submitting a sample of such proposed use to us and receiving our prior written consent to such us.
8.4. You are not permitted to use the Licensed Materials in any manner that is disparaging or that otherwise portrays RealDealBet or anyone else negatively.
8.5. RealDealBet and its affiliates reserve all of the intellectual property rights in the Licensed Materials. We may revoke your license to use the Licensed Materials at any time by written notice to you, whereupon you shall immediately destroy or deliver up to us all such materials that are in your possession. You acknowledge that, except for the license which may be granted to you in connection hereto, you have not acquired and will not acquire any right, interest or title to the Links or the Licensed Materials by reason of this Agreement or your activities hereunder. The aforementioned license shall terminate upon the termination of this Agreement.
9. TERM AND TERMINATION
9.1. The term of this Agreement will begin when the Affiliate is accepted to the Affiliate Program by RealDealBet and will remain in effect 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.
9.2. Either party may terminate this Agreement, with or without cause, at any time, by providing the other party written notice of termination. An email is considered a written and immediate form of notification of termination. The Affiliate will not be eligible to earn or receive Commissions after the termination date.
9.3. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
9.4. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your Affiliate Website, all Links and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licenses or created by us and/or provided by or on behalf of us to you pursuant to this Agreement or in connection with the Affiliate Program.
9.5. Following the termination of this Agreement, we shall have no obligation to make any further payments of Commissions to you. It is hereby clarified that we shall not be liable to pay any Commissions for Eligible Acquired Customers where such customers are generated by the Link(s) following the termination of this Agreement.
10. LIMITATION OF LIABILITY
10.1. RealDealBet 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 RealDealBet has been advised of the possibility of such damages.
10.2. Further, RealDealBet's total liability arising from this Agreement and the Affiliate Program will not exceed the total Commissions paid or payable to the Affiliate under this Agreement.
10.3. RealDealBet does not warrant that the RealDealBet Website(s) or applicable software will be error-free or uninterrupted and will not be liable for the consequences of any errors or interruptions. Further, RealDealBet makes no representation or warranty, express or implied to the Affiliate as to any matter contemplated by this Agreement, the quality, merchantability, fitness for particular use or suitability of the Affiliate Program, RealDealBet Website(s) or the software.
10.4. 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.
10.5. RealDealBet's 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 Affiliate commission generated and is limited to direct damages.
The Affiliate shall defend, indemnify and hold RealDealBet and its shareholders, directors, officers, employees, agents and representatives, agents, successors and assigns harmless from and against any and all liabilities, losses, damages and costs, including attorney's fees and costs, resulting from, arising out of, or in any way connected with: (a) any breach by the Affiliate of this Agreement or of any representation or undertaking by the Affiliate contained in this Agreement; (b) the performance of the Affiliate's duties and obligations under this Agreement; (c) Affiliate's negligence or intentional acts or omissions or the unauthorized use of the Link(s).
We may disclose to you certain information as a result of your participation in the Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your 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 or if the same is required by law or legal process.
13.1. RealDealBet reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the RealDealBet Website(s). Therefore, we encourage you to visit the RealDealBet Website(s) regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued participation in the Affiliate Program shall be deemed to attest to your agreement to any amendments to the Agreement. Notices from you to RealDealBet in connection with this Agreement or the Affiliate Program generally may be sent via email to affiliates@RealDealBet.com
13.2. You and RealDealBet are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
13.3. You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.
13.4. Nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any intellectual property rights, including, without limitation, patents, trademarks, service marks, registered designs, copyrights, database rights, rights in designs, inventions and confidential information, etc. which arise in result of entering into or the performance of this Agreement.
13.5. To avoid any doubts, statistics provided during the month might have some inaccuracies due to continuous activities or uncompleted transactions of Affiliate's assigned customers.
13.6. This Agreement shall be governed by and construed in accordance with English law. Any disputes arising hereunder will be settled before the English courts which shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement and the transactions contemplated thereby.
13.7. Should one of the contractual provisions be or become ineffective, all other stipulations of the Agreement shall continue in full force and effect.
13.8. No waiver of any breach of any provisions of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.