Version 1.2., published 17 November 2020
In order to apply for our affiliate program, you will need to read, understand and accept these terms and conditions. If you do not agree with the terms and conditions please discard your application.
Should you have any questions regarding our affiliate program please contact [email protected] for further information.
1.1 This document (the "Agreement") outlines the terms and conditions agreed between us, XXL Services N.V reg. no. 150358, a company incorporated under the laws of Curacao, having its registered address at Abraham de Veerstraat 9, Curacao (referred to herein as "BetSofa Affiliates", "we" "us" or "our") and you (referred to herein as "you", "your" or "affiliate"), in respect to your application to join our affiliate program and to promote the betsofa.com website and our services.
1.2 BetSofa Affiliates reserves the right to update or modify this Agreement by notice via message to your email address 5 days prior to any changes being implemented and presented online at the site within the section of affiliate terms and conditions. Should you not agree to the changes you are required to terminate this Agreement in accordance with the terms within this agreement. Details of any changes to the terms and conditions will be published in clause 15 within this agreement available in an updated version on https://partnerbetsofa.com/en/terms/index . If you continue to participate in our affiliate program also after changes to the agreement has been posted this will be constituted as a binding acceptance of such changes by you.
1.3 In order to join our affiliate program you are required to accept our terms and conditions as well as submitting a completed online application form. BetSofa Affiliates determines at its sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision in regards to your application we will notify you by email informing you of whether you have been accepted as our affiliate or not. Upon a successful application you will be bound by these terms and conditions set out in this agreement when marketing/promoting the BetSofa Affiliates website and services. BetSofa Affiliates will email you with further information upon acceptance of your application.
In this Agreement unless the context otherwise requires:
"Affiliate" means you, the person or entity, who applies to participate in the Affiliate Program.
"Sub-Affiliate" means an individual and/or entity that an Affiliate directs in any appropriate manner to BetSofa Affiliates and who can be linked to the Affiliate's unique Affiliate account / identity, which person or entity becomes an Affiliate of BetSofa Affiliates.
"Affiliate Program" means the collaboration between you and us whereby you will promote the BetSofa Website and create the Links from the Affiliate Website(s) to the BetSofa Website and thereby be paid a commission as defined under this Agreement depending on the traffic generated to the Website(s) subject to the terms and conditions of this Agreement.
"Affiliate Website(s)" means one or more websites on the Internet which are maintained and operated by the Affiliate.
"Confidential Information" means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.
"Net Generated Revenues (NGR)" means the sum of BetSofa Affiliates 's net revenue generated by all your referrals in the period of a calendar month.
"Net Revenue", calculated on a monthly basis, means the monthly Gross Revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rakeback, cashbacks and chargebacks.
"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, email address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.
"Referred Customers" means Customers who have no prior account with Our Website, and have signed up for an account with us with your affiliate tracking code attached.
"New Depositing Player" means a New Customer / Player who has made a first minimum deposit with BetSofa Affiliates where this latter is used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with BetSofa Affiliates within the framework of the Business. The customer registration and the first deposit do not have to be simultaneous.
"Revenue Share" means the percentage share the affiliate will earn from the Net Generated Revenue (NGR) generated by their Referred Customers.
"Your Website" the website which you indicate on the Affiliate Sign up Form.
"CPA" – means "cost per acquisition".
"Acquisition" shall mean the first time deposit ("FTD") of the referred player.
"Reward Plan" – shall mean the CPA commission paid to the Affiliate for the FTD of the referred player.
In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold any payments of the Reward Plan for any customer accounts including, but not limited to, bonus abuser customer accounts, suspended and/or closed customer accounts, customer accounts suspended and/or closed due to fraud, customer accounts subject to self-exclusion or any other customer account which the Company in its sole discretion deems it necessary to suspend and/or close.
3.1 The Links provided to you by BetSofa Affiliates should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without BetSofa Affiliates 's prior written consent.
3.2 You shall ensure that you do not place any Links on pages of Your Website aimed at persons under the age of 18 years.
3.3 In the event that you wish to place the Links on websites other than Your Website, you must first obtain BetSofa Affiliates 's written consent.
3.4 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you (see 13.2).
4. REVENUE SHARE AND NET GENERATED REVENUE CALCULATIONS
4.1.1 Your revenue share is calculated according to the following structure:
Revenue Share from 30% to 60% depending on the amount of FTDs you refer to within a calendar month.
4.1.2 The Revenue Share model stipulated in 4.1.1 always applies for the Casino and Sports Betting products.
4.2 Net Generated Revenue is calculated according to the following terms for each of BetSofa Affiliates 'products:
a) NGR from Sports Betting is calculated as, the figure resulting from the calculation of the betting revenues generated by your referred Customers actually received by us less the winnings, less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.
b) NGR from Casino is calculated as, the sum total of all your referred Customers' gross bets less payouts (as calculated by Our Website), less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.
We retain the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of Revenue Share as we wish in accordance with clause 1.2
5. FORBIDDEN PRACTICES
5.1 You may not in any way offer added rewards of any kind to your Referred Customers without BetSofa Affiliates 's prior written consent. If BetSofa Affiliates deems you to be in breach of this condition, BetSofa Affiliates may terminate your affiliate agreement and seize to pay you any further Revenue Share from your Referred Customers (see Term 13.2).
5.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling), may under no circumstance receive any Revenue Share on your own or direct relatives' customer account.
5.3 You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the BetSofa Affiliates Site.
5.4 You are forbidden to attempt to artificially increase commissions paid to you by BetSofa Affiliates.
5.5 You and your Sub-Affiliates shall at all times comply with all the applicable Gaming laws and regulations and all the Data Protection laws and regulations, including but not limited to the European Directive 2002/58/EC, the General Data Protection Regulation (GDPR) (EU) 2016/679 and any legislation and/or binding regulations implementing or made pursuant to them.
a) You may not in any way advertise to customers which did not expressly and clearly consent to receive marketing communications, or which consent you didn't store and are not able to prove anytime, or to customers which data have been processed in breach of any Data Protection laws and regulations
b) Every email shall clearly indicate its origins from You and not from us.
c) Every marketing email shall contain a clear link to unsubscribe from further marketing emails.
5.6 We reserve the right to terminate the Agreement immediately with no notice if, in our reasonable opinion, you have breached any gambling advertising rules or any Data Protection laws and regulations.
5.7 When advertising to customers in Great Britain, you shall abide by the rules for gambling advertising as defined by the Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority. You will ensure that marketing communications, particularly in relation to free bet and bonus offers do not amount to or involve misleading actions or misleading omissions. Marketing communications that include a promotion must provide as such information about significant conditions as practicable within the advert itself, and with sufficient prominence. Where the advert is genuinely limited by space (banner advertisement) significant conditions must be displayed no further than one click away from the advert itself. Examples of free bet or bonus offers which may not comply with legislation include: the promotion does not provide supporting information on the terms and conditions of the offer or provides it with insufficient prominence for example only visible once scrolled down; when clicked, advertising banners take a customer direct to the join or login section of the website, without providing terms and conditions of the offer; significant information may only be available 'below the fold' on a web page or email and a customer may only be aware that terms and conditions apply if they actively scroll to the end of a webpage or similar. The above requirements are applicable to all forms of marketing communication, including social media and other forms of advertising such as newspapers. We reserve the right to terminate the Agreement immediately with no notice if, in our reasonable opinion, you have breached the gambling advertising rules as defined by Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority.
6. BETSOFA AFFILIATES 'S OBLIGATIONS
6.1 BetSofa Affiliates shall supply you with the Links for ad placement on Your Website and may update such Links from time to time.
6.2 BetSofa Affiliates shall use its best endeavours to ensure that whenever a Referred Customer signs-up with BetSofa Affiliates through your affiliate link with your tracking code attached the relevant Customer is identified as originating from the Your Website. However, BetSofa Affiliates shall not be liable to you in any way if BetSofa Affiliates is unable to identify a Customer as originating from the Your Website.
7.1 Payment is made on the 15th day of every calendar month for the previous month.
7.2 The minimum amount for a monthly payment of affiliate payment is €100. If a Revenue Share does not exceed €100, BetSofa Affiliates shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds €100, at which time payment shall be made. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than €100 in any given month.
7.3 If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts shall be carried forward to the subsequent month(s).
7.4 BetSofa Affiliates shall provide you with statements accessible via your personal affiliate page, http://partnerbetsofa.com, detailing the Referred Customers and your share of Net Generated Revenues.
8. INTELLECTUAL PROPERTY
8.1 BetSofa Affiliates grants you a non-exclusive and worldwide, revocable, non-sublicensable, non-assignable license in accordance with the terms of this Agreement to display the BetSofa Affiliates brand features and related content (the "BetSofa Affiliates Content") during the Term solely for the purposes of the display of the Links by you on Your Website as set out in this Agreement and in accordance with BetSofa Affiliates 's guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by BetSofa Affiliates to its customers from time to time shall remain the property of BetSofa Affiliates. You are not permitted to alter or modify in any way the BetSofa Affiliates Content without any prior written consent of BetSofa Affiliates.
8.2 You agree that the Your Website shall not resemble in any way the look and/or feel of the BetSofa Affiliates ‘s Site, nor will you create the impression that the Your Website is the BetSofa Affiliates Site (or any part thereof).
9.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licenses granted in this Agreement and to perform all of its obligations under this Agreement.
9.2 You warrant that you have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this Agreement.
We make no representation that the operation of the BetSofa Affiliates Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
You are solely responsible for any marketing initiatives you and/or any of your Sub-Affiliates conduct, including, without limitation, compliance of such initiatives with the applicable legal requirements.
You (the "Indemnifying Party") shall indemnify on demand and hold harmless BetSofa Affiliates and each of BetSofa Affiliates 's associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non performance or non observance by you and/or any of your Sub-Affiliates of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement or of any applicable laws or regulations.
12. EXCLUSION OF LIABILITY
12.1 BetSofa Affiliates shall not be liable, in contract, tort (including without limitation negligence) or in any other way for: loss of revenues, profits, contracts, business or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.
12.2 The liability of BetSofa Affiliates shall not, in any event, exceed the sum of the total commissions paid by BetSofa Affiliates to you over the 6 month period preceding the date on which such liability accrued.
13.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice.
13.2 If you are in material breach of your obligations within this agreement, BetSofa Affiliates may bring the Agreement to an end with immediate effect; and cease to pay you any further Revenue Share on your Referred Customers, by written notice to you.
13.3 In the event that a referred customer has had no activity for a period exceeding 24 months, this customer will no longer be deemed as your referral and you will no longer be entitled to any further Revenue Share from any future revenues created by this player.
14. YOUR PERSONAL INFORMATION
15.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
15.2 This Agreement shall be governed by and interpreted in accordance with the laws of Curacao.
15.3. The courts of Curacao shall have jurisdiction over any disputes arising out of this Agreement themselves.
15.4 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.
15.5 Any notice given or made under this Agreement to BetSofa Affiliates shall be by email to the relevant email [email protected] BetSofa Affiliates shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to BetSofa Affiliates.
15.6 Nothing in this Agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.
15.7 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.
15.8 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of The Netherlands Antilles Each party irrevocably submits to the exclusive jurisdiction of The Netherlands Antilles courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
15.9 You are not entitled to assign or transfer your rights or obligations under this Agreement without our prior written consent.
15.10. Notwithstanding the above, we have the right to assign this Agreement and all or a part of its rights and obligations hereunder to our subsidiaries or affiliated companies without your consent.
15.11 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.
16. Changes To This Agreement
16.1. This Agreement has not been varied or otherwise amended since November, 17 2020.