Terms and Conditions
TERMS AND CONDITIONS
Version 1.3., published 20 December 2022
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 have 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) or any other affiliate traffic source 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 Gaming Revenue” or “NGR” means all monies received by the Company from New Customers as placed bets, less (a) winnings returned to New Customers, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks, and other 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 and cashbacks. For the avoidance of doubt, all Net Gaming Revenue amounts mentioned above are only related to New Customers referred to Company Websites by the Affiliate Website(s) or any other affiliate channel.
"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 the first minimum deposit with BetSofa Affiliates where this later is used for bonafide 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 Gaming Revenue (NGR) generated by their Referred Customers.
"Your Website” means the website which you indicate in 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.
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, duplicate 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' 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(s), you must first obtain BetSofa Affiliates' 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 GAMING REVENUE CALCULATION
4.1.1 Your revenue share is calculated according to the following structure:
Revenue Share from 30% to 50% depending on the amount of FTDs you refer to within a calendar month:
• 30% of NGR if 0-5 FTD per month
• 35% of NGR if 6-10 FTD per month
• 40% of NGR if 11-20 FTD per month
• 45% of NGR if 21-30 FTD per month
• 50% of NGR if 31 and more FTD per month
4.1.2 The Revenue Share model stipulated in 4.1.1 always applies for the Casino product. If the Sports Betting product is included in the deal, it must be clearly indicated in the additional agreement/IO, otherwise, the commission for this product will not be calculated.
4.1.3 The Revenue Share reporting period is equal to one calendar month.
4.2 Net Gaming 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 (a) winnings, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks, and other costs which includes but are not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rakeback and cashbacks.
We retain the right to change the REVENUE SHARE AND NET GAMING 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' 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 You will not generate traffic to the Company Website by registering as a New Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behavior shall be deemed as fraudulent.
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 will not attempt to benefit from traffic not generated in good faith. If you have any reasonable suspicion that any New Customer referred by you is in any way associated with bonus abuse, money laundering, fraud, or other abuse of remote gaming websites, you will immediately notify us of this.
5.6 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 whose data have been processed in breach of any Data Protection laws and regulations.
b) Every email shall clearly indicate its origins from You as Affiliate and not from us as Company.
c) Every marketing email shall contain a clear link to unsubscribe from further marketing emails.
5.7 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.
5.7.1 If the Company asks you to stop traffic urgently due to quality issues or any other reasons, no further traffic will be paid unless it is otherly agreed with the management of the Company.
5.8 You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise).
5.9 You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property on any unsuitable websites (whether owned by a third party or otherwise).
5.9.1 Unsuitable websites include, but are not limited to, websites that are aimed at children, display illegal pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or in any way violate the intellectual property rights of any third party or of the Company, or breach any relevant advertising regulations or codes of practice in any territory where such Affiliate Links or digital advertisements may be featured.
6. BETSOFA AFFILIATES PROGRAM OBLIGATIONS
6.1 BetSofa Affiliates shall supply you with the Links for ad placement on Your Website(s) and may update such Links from time to time.
6.2 BetSofa Affiliates shall use its best endeavors to ensure that whenever a Referred Customer signs up with BetSofa Affiliates through your affiliate link having your tracking code attached the relevant Customer is identified as originating from 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 Your Website.
7.1 Monthly commissions are calculated at the beginning of each following month and are added to the affiliate account balances. Payments are made between 15th and 20th of the month upon a withdrawal request.
7.2 The minimum amount for a monthly affiliate payment is €100 (EURO). If the Revenue Share does not exceed €100 (EURO), 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 (EURO), 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 equals or is greater than €100 (EURO) in any given month.
7.2.1 All taxes, fees, and surcharges, if any, on rewards and referral fees are the sole responsibility of the Partner.
7.3 BetSofa adheres to the No Negative Carry Over policy (NNCO) by default. If an affiliate has a negative commission at the end of a month, no commission will be paid and the balance will reset to zero at the start of the following month. The exclusion may take place in case of a High Roller Player (HRP) with monthly winnings over €3000 (EURO) or equivalent. If an affiliate account contains negative revenue of €3000 (EURO) or more generated by an individual player (HRP), such negative revenue will be carried over to the next period, unless otherwise agreed.
7.4 In case of partnership on Hybrid and CPA basis there are several stipulations that should be taken into account:
Negative Revenue Share will be deducted from the CPA part of the commission. This stipulation takes effect unless otherwise agreed with the affiliate manager beforehand.
Duplicate accounts and self-excluded players will be deducted from CPA part of the Commission. This stipulation takes effect unless an alternative was discussed with the affiliate manager beforehand.
In cases certain CAP was negotiated with a partner commission will be paid only for the negotiated number of FTDs.
7.4.1 A first time deposit that is being generated from FB, e-mail, sms, UAC sources is paid if a deposit was made within 30 days after a player had made a registration. A player who made a first time deposit after a specified period of time (30 days) is not paid.
7.4.2 A first time deposit that is being generated from the PPC source is paid if a deposit was made within 45 days after a player had made a registration. A player who made a first time deposit after a specified period of time (45 days) is not paid.
7.4.3 A first time deposit that is being generated from SEO or ASO source is paid if a deposit was made within 60 days after a player had made a registration. A player who made a first time deposit after a specified period of time (60 days) is not paid.
7.5 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 Gaming Revenue.
7.6 Affiliate payment may not be paid on time due to reasons of checking Affiliates traffic sources or because of suspicious activity of the Affiliate's players. The period of delay in payments (hold) is determined by the administration of the Affiliate Program at its discretion.
7.7 In case of Affiliate’s account total inactivity, including but not limited to not withdrawing affiliate commission, for over six months the account maintenance fee of 20 EUR will be deducted from the account and every following month will be deducted with additional 20 EUR monthly fee.
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’ 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 Your Website shall not resemble in any way the look and/or feel of the BetSofa Affiliates’ Site, nor will you create the impression that Your Website is the BetSofa Affiliates Site (or any part thereof).
8.3 Affiliate is not allowed to use the terms BetSofa, BetSofa Affiliates or any other of its brand names / trademarks in any domain used to send players to us. Any affiliate found doing so will be required to transfer the domain to us.
8.4 Affiliate is not allowed to bid on our brands terms for both desktop and mobile traffic. We have a zero tolerance for this kind of activity and your account will be blocked with no payments being made for traffic that you send to us from such sources.
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.
11.1 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.
11.2 You (the "Indemnifying Party") shall indemnify on demand and hold harmless BetSofa Affiliates and each of BetSofa Affiliates’ 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 months period preceding the date on which such liability accrued.
13.1 This Agreement shall start on the date that we notify you about your application being 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 an 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.
13.4 BetSofa Affiliates reserves the right to delay, decrease or stop payments to the Affiliate if there is zero activity (no new FTDs coming) for 3 and/ or more calendar months. To resume payments the Affiliate will need to contact their Affiliate Program Manager.
13.5 By entering into this Agreement you undertake that you will not actively target Customers located in the countries restricted by BetSofa Affiliates and which can be found in the Terms and Conditions of the BetSofa Affiliate products: https://www.betsofa.com/en/terms/conditions
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 address: [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 December, 20 2022.