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The Agreement

By completing the Affiliate Application of the Sportsbook.com Affiliate Program (hereinafter the “Affiliate Program”) with the purpose of marketing the Sportsbook.com brand (hereinafter “Sportsbook.com”), owned and operated by Winunited Ltd, a company duly registered under the laws of Malta by means of registration No. C 35409 having its registered office at Level 1, 271, Tower Road, Sliema, SLM1600 in Malta, the affiliate partner (hereinafter the “Affiliate”) agree to abide by all the Terms and Conditions set forth in this Agreement as well as to comply with the General  Terms and Conditions and Privacy Policy of the website https://global.Sportsbook.com and any other rules and/or guidelines made known to you from time to time at https://global.Sportsbook.com.

The Affiliate Program reserves the right to change all or any part of this Agreement at any time with a min. of 14 days prior notice. If applicable, notice will be given by message to the contracting party’s email address and will be deemed to be served immediately when sent by the Affiliate Program. If the Affiliate does not agree to the changes the Affiliate should terminate this Agreement in accordance with its terms. The Affiliate’s continued participation following such changes shall constitute binding acceptance of such changes.


1. Purpose
1.1.    Sportsbook.com offers online Sportsbetting andCasino for which Sportsbook.com has an interest in establishing affiliate relationships with the intention to attract and convert the Affiliates’ respective network of online gaming players.
1.2.    By referring players, the Affiliate will earn a commission in adherence to agreed commission plan from the activity of the referred players, to be paid in accordance with the Agreement by the Affiliate Program.
1.3.    This agreement outlines the opportunities and limitations in the advertising cooperation applicable to the Affiliate when referring and nurturing the Sportsbook and Casino players on Sportsbook.com’s website.


2. Responsibilities and Obligations of Sportsbook.com
2.1.    Sportsbook.com shall assign a unique identification code to those new customers when referred via the Affiliate’s assigned link, administrate the generated turnover, calculate the Net Revenues and the total amount of commission earned via the Referrals in accordance with the applicable payment plan and calculation structure set forth in this Agreement.

2.2.    Sportsbook.com shall provide the Affiliate with commission statistics, and handle all customer services related to the business

2.3    Sportsbook.com shall ensure accuracy in the tracking and reporting to the highest reasonable standard.

2.4.    Sportsbook.com shall pay the Affiliate the amount due depending on the revenues generated, subject to the terms and conditions of this Agreement.

3. Collusion and Fraud
3.1 The term “fraud” in refer to affiliate collusion is an attempt by an affiliate or group of affiliate to generate fraudulent commission with a coordinated effort. Collusion shall include but not be limited to:
•    Coordinated bonus about in an attempt to artificially increase commissions,
•    Coordinated betting where such bets are made as an effort to artificially increase commissions,
•    Offering players financial incentives for the purpose of gaining a rebate from your affiliate commissions,
•    Duplicate affiliate and/or player accounts for the purpose of collusion and
•    Any other act which Sportsbook.com may determine through detailed investigation as being used to generate fraudulent commissions.

4. Responsibilities and Obligations of the Affiliate

The Affiliate hereby warrants and undertakes:
4.1.    By joining our Affiliate Program, you agree to market, promote and refer potential players to the Sportsbook.com website, by maintaining your assigned links from your site to the Sportsbook.com website. This link may be established with one or more of our text links, banners and other marketing collaterals. You will be solely liable for the content and manner of your marketing and promotion activities. All such activities must be conducted at all times in a professional and lawful manner and pursuant to the terms and conditions of this Agreement.

4.2.    Not to perform any act which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.

4.3.    Not to actively target any person who is under the legal age for gambling.

4.4.    Not to generate traffic to Sportsbook.com by illegal or fraudulent activity, including but not limited to:
•    registering as a player or make deposits directly or indirectly to any player account through his tracker(s) for the Affiliates own personal use and/or the use  of its relatives, friends, employees or other related third parties, or in any other way attempt to artificially increase the commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed fraud.
•    Sending spam emails and messages that meet any one or more of the following criteria: (i) unsolicited mailing; (ii) contains false or misleading statements; (iii) does not truthfully identify the source or the originating IP Address and / or the originating email address; (iv) does not contain an online and real time unsubscribe option, (v) bundles certain software with other software, particularly those of malicious intent or those that infringe on a person’s right to privacy, or (vi) inserts icons or causes software download or installation or similar action without the consent of the addressee.

4.5.    That the Affiliate understands that the Affiliate Program will not cooperate with a contracting party using a domain or subdomain which is confusingly similar to "Sportsbook.com" or any other protected trademark and/or name right which belongs to the Affiliate Program, Sportsbook.com or its Affiliates.

4.6.     Without prejudice to the marketing material as may be forwarded by the Affiliate Program and/or made available online through the partner website (http://Affiliates.sportsbook.com) the Affiliate may not use Sportsbook.com or other terms, trademarks and other intellectual property rights that are vested in the Affiliate Program and Sportsbook.com unless the Affiliate Program consents to such use in writing.

4.7.    To use only a link provided within the scope of the Affiliate Program, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting. Also, not to change or modify in any way any link or marketing material without prior written authorisation from the Affiliate Program.

4.8.     To be committed and adhere to the brand guidelines set forth by Sportsbook.com and the Affiliate Program.

5. Payment
5.1.    The commission is calculated at the end of each month and payments shall be performed by the 14th of each calendar month, provided that the amount due exceeds €100 ('Minimum Threshold').  If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when the net balance exceeds the Minimum Threshold.

5.2.    If an error is made in calculating the commission, the Affiliate Program reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate

5.3.    If the Affiliate disagrees with the balance due as reported, the Affiliate shall contact the Affiliate Program and indicate the reasons of such dispute.

5.4.    Sportsbook.com may delay payment of any outstanding balance to the Affiliate at Sportsbook.com’s sole discretion for up to thirty (30) days in cases of suspected illegal and/or fraudulent behaviour and/or behaviour otherwise in breach of this agreement, while it investigates and verifies that the relevant transactions comply with the provisions of this Agreement.

5.5.    No payment shall be due where the Affiliate is involved, intend to be involved or is aware of any act or traffic that involves the Affiliate which can be reasonably expected to constitute fraud or illegal activity under any applicable law, rule or regulation or in contravention with any provisions of this Agreement, including but not limited to money laundering, use of stolen credit cards, collusion and abuse of bonuses or other promotions.

5.6.    The Affiliate agrees to return all commissions generated from fraudulent or falsified transactions, plus carry all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the law.

5.7.    The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. Sportsbook.com nor the Affiliate Program shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Sportsbook.com and the Affiliate Program in that regard.


5.8.    At the sole discretion of the Affiliate Program the Affiliate may be provided with the opportunity to restructure its commercial agreement . Examples of alternative revenue sources could include a Cost Per Acquisition (CPA) plan. The Affiliate Program hereby makes it clearly known unto the Affiliate that only one type of commercial structure may be applied and it shall not be possible for two different commercial structures to co-exist. Therefore once an Affiliate opts to accept the Affiliate Program’s offer for a different revenue structure to the standard Commission Structure detailed in this Agreement, then the Affiliate is aware and hereby agrees and understands that the new proposed revenue structure shall replace his existing commission structure in its entirety. Notwithstanding the above, all the Affiliate’s obligations assumed under this present Agreement will still continue to apply to the Affiliate up until the termination of this Agreement and thereafter in accordance with the terms and conditions contained in this Agreement.

5.9    The Affiliate shall be entitled to the standard commission structure upon being accepted into partnership by the Affiliate Program. All revenue share commission structures shall be governed according to the calculation structure set forth in this agreement and a share of the revenue as outlined in the Standard Commission rate under article 16. Commissions.


6. Indemnification
6.1.    The Affiliate agrees to defend, indemnify and hold Sportsbook.com and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable legal and experts' fees, related to or arising from:

•    Any breach of Affiliate's representations, warranties or covenants under this Agreement.

•    Affiliate's use (or misuse) of the marketing materials

•    Any defamatory, libellous or illegal material contained within the Affiliate's information and data.

•    Any claim or contention where the Affiliate's information and data infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity.

•    Any violation of this Agreement

6.2.    Sportsbook.com reserves the right to participate, at its own expense, in the defence of any matter.


7. Termination
7.1.    Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given in the form of an email or letter delivered via post.

7.2.    The Contracting Parties hereby agree that on termination of this Agreement:

•    The Affiliate must return to the Affiliate Program any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control.

•    The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however, the Affiliate Program may withhold the Affiliate's final payment for up to ninety (90) days to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.

•    The Affiliate will release the Affiliate Program and Sportsbook.com from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards the Affiliate Program and Sportsbook.com shall survive the termination of this Agreement.

7.3.    If this Agreement is terminated by the Affiliate Program on the basis of breach of the Agreement by the Affiliate, the Affiliate Program shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the Affiliate Program due to a breach by the Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by the Affiliate Program to the Affiliate.

7.4.    For the sake of clarity the parties specifically agree that upon termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Affiliate Program. Provided that payments already due (earned and unpaid commissions) shall be paid out.

7.5 The Affiliate understands that the Partner program reserves the right to close any affiliate who does not provide for, at least 5 active accounts per month.


8. Confidentiality
8.1.    All intellectual property, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of Sportsbook.com shall be treated confidentially. Such information must not be used for own commercial or other purposes or divulged to any person or third party neither direct nor indirectly unless the prior explicit and written consent of Sportsbook.com has been obtained. This provision shall survive the termination of this Agreement.


9. Warranties
9.1.    The Affiliate Program and Sportsbook.com shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the https:// Sportsbook.com website or the Affiliate Program.


10. Company Rights
10.1.    Sportsbook.com may at any time and at Sportsbook.com’s sole discretion, refuse any player or close a player's account if it is necessary to comply with Sportsbook.com policies and/or to protect the interest of Sportsbook.com.

10.2.    The Affiliate Program may at sole discretion, refuse any applicant Affiliate and/or may close any Affiliate’s account if it is necessary to comply with the Affiliate Program’s and/or Sportsbook.com’s Policies and/or protect the interest of the Affiliate Program and/or Sportsbook.com. If the Affiliate is in breach of this Agreement or of Sportsbook.com’s General Terms and Conditions or other rules, policies and guidelines. The Affiliate Program and Sportsbook.com reserve the right, in addition to closing the Affiliate’s account, to take any other legal steps to protect its interest.


11. Force Majeure
11.1.    Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the Agreement without notice.


12. Changes to this Agreement
12.1.    Sportsbook.com reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, with a 14 day notice to the Affiliate, subject to the terms and conditions set out in this Agreement. Any such changes will be e-mailed to the disclosed e-mail address of the Affiliate.

13. Severability / Waiver
13.1.    Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

13.2.    The Affiliate Program’s and Sportsbook.com’s failure to enforce the Affiliate's adherence to all terms outlined in this Agreement shall not constitute a waiver of the right of the Affiliate Program and Sportsbook.com to enforce said terms at any time.


14. Assignment.
14.1.    The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of the Affiliate Program.

14.2.    The Affiliate Program and Sportsbook.com may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate.


15. Governing Law & Jurisdictions
15.1.    This Agreement shall be governed and construed in accordance with the laws of Malta and any action or dispute relating to this Agreement must be brought in Malta and the Affiliate irrevocably consents to the jurisdiction of the Maltese law courts.


16. Trademarks
16.1.    Nothing contained in this Agreement will grant either party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights of the other party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other party or of any company within the group of companies of the other party. Provided also that neither of the parties will register nor attempt to register any trademark which is basically similar to and/or confusingly similar to any trademark which belongs to the other party or to any company contained within the other party’s group of companies.


17. Commissions
17.1.     The Revenue Share model shall constitute a share of the Net Revenue generated by the player referred by the Affiliate for the lifetime of the Player. Should the Partnership be terminated in accordance to this Agreement the Affiliate forfeits the rights to continued earnings from referred players.

17.2.    Net Revenue means the Gross Revenue for each product less Player Costs, less Chargebacks and revenue generated from fraudulent activity, less License fees and for the sake of clarity shall be understood as follows:

Player Costs includes Promotional costs such as free bets, bonus money, tournament sponsorships, VIP bonuses, VIP sponsorships plus any player Compensations.

License fee includes gaming tax, payment charges levied by electronic payment or credit card organizations and third party royalties.

Fraud includes without limitation, collusion; abuse of bonuses or other promotions; violation of money-laundering or other laws and regulations and use of stolen credit cards

17.3.     The Net Revenue calculation shall by product be calculated in accordance with below calculation structures:


    Sportsbook
   
Net revenue     = Gross Revenue minus (-)
                                   Player Costs
                                   Chargebacks and Fraud
                                   License Fee
Gross Revenue = Stakes minus Wins plus Corrections*

* Corrections include such as cancelled bets, incorrectly settled events and otherwise incorrect transactions that are corrected


    Casino
Net revenue     = Gross Revenue minus (-)
                                   Player Costs
                                   Chargebacks and Fraud
                                   License Fee
Gross Revenue = Wager minus (Wins + local and pooled Jackpots)


17.4.    The standard Revenue Share commission plans for the products can be reviewed at the Affiliate Program website under Standard Reward Plans.

17.5.    The Revenue Share commission does not carry over negative revenue from month to month.


V 1.1
Last updated 24/02/2012


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Winunited is licensed and regulated by the The Lotteries and Gaming Authority (LGA), Malta