Terms and Conditions
These Terms and Conditions (“Terms and Conditions” or “Agreement”) constitute a binding agreement between MAD Entertainment N. V., a company duly established under the laws of Curacao and having its statutory seat at Abraham de Veerstraat 9, Curacao (“Affiliate Program Operator”) and Partner.
Each Partner upon use of the Betzmark Partners website and by joining the Betzmark Partners Affiliate Program is required to acknowledge and accept these Terms and Conditions in full and as revised by the Affiliate Program.
By participating in the Betzmark Partners Affiliate Program, the Partner agrees that these Terms and Conditions are subject to change without prior notice to the Partner. The Partner hereby undertakes to monitor modifications hereto and ensure compliance.
By accepting these Terms and Conditions, the Partner thereby confirms that he is 18 or more years old and is duly authorized to join the Betzmark Partners Affiliate Program in case acting on someone’s behalf.
DEFINITIONS
Affiliate Program – a technical marketing platform that provides promotional materials to webmasters to promote Betzmark Partners Affiliate Program Product on the Internet;
Affiliate Program Product – a project (betting, casino) advertised through advertising materials on the Internet;
Affiliate Rewards – any fees, commissions and payments due and payable to the Partner as a result of promotion of Product under any of payment models and calculated in accordance with Offer and terms of the Affiliate Program;
Active Player – a player who regularly returns to the Product, makes deposits and plays for real money;
CPA (cost per action) – the result means making the first deposit given by the player;
Hold – the time for which the Player must receive the status of “Active Player”, and the Affiliate Program is obligated to check this status and either confirm it or reject it. In addition to checking the status, during the Hold a Player is checked for violations of the rules of the Product in which a Player is registered and the rules of the Affiliate Program;
Hybrid – consists of two paid results. 1st event (result) is the first deposit by the player. 2nd event (result) percentage of Net Gaming;
Offer – means commercial terms (including restrictions and rewards depending on the rate and payment model), which are determined by the Affiliate Program based on the information to be posted by the Partner(s) in order to promote the Product of the Affiliate Program on the Internet;
Partner – a webmaster who accepts the terms of this document and works on promoting the Product of the Betzmark Partners Affiliate Program on the Internet;
Payment Models – payment for a specific result of the placement of Promotional materials by the Partner on the Internet;
Promotional Materials – tools used by Partners to promote Affiliate Program Product on the Internet;
Player – person who came to the Product website through Promotional materials used by the Partner and registered a personal account;
Reporting period – the time period during which the accumulation and calculation of the Affiliate Rewards are earned by the Partner takes place with the aim of their subsequent withdrawal to external payment systems;
Referral Affiliate Program – Affiliate Program and Partner cooperation, by means of which Partner undertakes to attract new Partners to the Affiliate Program;
Revenue Share – percentage of Net Gaming (net gaming revenue). In some cases, minus the administrative fee (15%) and the commission fee on payments (5%) of the referred player;
Traffic – the amount of Players who came as a result of a Partner placing Promotional materials on the Internet.
1. PRODUCT PROMOTION
1.1. Affiliate Program Operator provides unique Promotional Materials, including links. Each Partner undertakes to check the efficiency of links and the correctness of the display of additional parameters in Partner’s personal account. Affiliate Program Operator will not be able to track Players referred to by the Partner if their links are inactive.
1.2. Partners shall pre-approve any modifications to the Promotional materials and any methods by which the Product is advertised through Affiliate Program.
1.3. Partner shall incorporate and continually display the most up-to-date links provided by Affiliate Program on Promotional materials in a manner and location pre-approved by the Affiliate Program Operator and no alteration of the form, location or operation of the links without Affiliate Program Operator’s prior written consent shall take place.
1.4. The Partner is fully responsible for the use of data for entering the Affiliate Program (login and password).
1.5. The Partner shall not attempt to intercept, redirect or otherwise interfere with traffic from or on any website that participates in Affiliate Program;
1.6. The Partner shall not distribute offers and claim commission on Affiliate Program from third parties and shall not engage in its promotional activity any non-members to Affiliate Program in a way other than Referral Affiliate Program;
1.7. Affiliate Program Partners are prohibited from having accounts in Product registered as a result of their placement of Promotional materials. In the event such situations are identified, both the Partner’s account and the Player’s account in the Product with full debit are blocked. This rule applies equally to persons associated with the Partner and any direct relatives of the Partner (including, spouse, partner, parent, child or sibling).
1.8. Affiliate Program Operator reserves the right to refuse cooperation with the Partner without explanation or any prior notification. Affiliate Program Operator may, in its sole discretion, verify or check, the truth and accuracy of any registration information provided by Partner. If the Partner’s registration information is found to be misleading, inaccurate or untruthful, Affiliate Program Operator may restrict, deny or terminate Partner’s account, access and use of, and/or any benefits derived from Affiliate Program; Affiliate Program Operator may withhold payment of any Affiliate Reward that may be or become due or payable to Partner.
1.9. Affiliate Program Operator reserves the right to block Partner’s account in the case of the detection of motivated traffic aimed at circumventing the rules of Affiliate Program or otherwise not generated in good faith, whether it causes damage to the Affiliate Program or not.
1.10. Affiliate Program Operator reserves the right to request traffic sources from the Partner. If the Partner refuses to provide these sources, the Affiliate Program Operator reserves the right to terminate cooperation with the Partner.
1.11. Partner shall not sublease, sell, resell, outsource any Offer of Affiliate Program unless a prior written consent is provided by the Affiliate Program Operator.
1.12. It is forbidden to use images / photographs of politicians and political topics in Promotional materials; if such Promotional materials are found, the Partner’s account will be blocked.
1.13. Correspondence and personal communication with the administration, media buyer or the Affiliate Program support service is considered Confidential Information. Partners of the Affiliate Program are prohibited from providing and making available to the public, public display, giving third parties the opportunity to view / listen to confidential information (or fragments thereof). In case of violation of this rule, Affiliate Program Operator reserves the right to terminate cooperation with the subsequent blocking of the account and zeroing of the affiliate balance.
1.14. According to the provisions of this Affiliate Program, it is forbidden to register as a referral if you already have a valid Partner account.
1.15. It is forbidden to use third parties’ content (texts, layout, design) to fill sites on requests related to Affiliate Program Products used for SEO-promotion. If such actions are detected, the account of such a Partner will be disconnected from Affiliate Program after an investigation is conducted by Affiliate Program Operator.
2. PAYMENT
2.1. Affiliate Program Operator will pay to Partner Affiliate Reward, calculated in accordance with the terms outlined in each Offer posted by Affiliate Program Operator and based upon the records kept in the Affiliate Program and data gathered by the Affiliate Program on a monthly basis.
2.2. The balance sheet and reports of the Affiliate Program are displayed in Euro. Payments to Partner are made in currency stipulated by the Affiliate Program in Offers.
2.3. The reporting period established by the Affiliate Program Operator is one calendar month.
2.4. Commission of the Partner is formed by the share of the net income of the product from the players attracted by this Partner. Partner revenue percentage depends on the Offer and personal rate and Product.
2.5. Under the Referral Affiliate Program reward of Partners constitutes a mutually agreed amount of all profits received from new Partners attracted by referral link. The Affiliate Program Operator reserves the right to change the amount of reward under the Affiliate Program and set additional terms by means of Offers to Partner.
2.6. Payments to Partners are made in the first 5-10 days after the closing of the reporting period, if there is a positive balance in the Partner’s account.
2.7. Partner’s payment details can be changed at least 5 working days before the end of the current reporting period and Affiliate Program personal manager must be duly notified about it in written.
2.8. Payments are made to Partners upon accurate provision of payment data in the Finance section of the personal account of the Affiliate Program.
2.9. The term for the delay in accrual of payments (Hold) is determined by the Affiliate Program Operator at its discretion. The Partner acknowledges and agrees that Affiliate Reward may be delayed or suspended and that in no case will Affiliate Program Operator be liable for any loss, costs or expenses directly or indirectly incurred by the Partner as the result of such delay or suspension.
2.10. Affiliate Program Operator does not provide for early payment of affiliate rewards. No payout shall be carried out, unless the minimum amount of affiliate reward is due and payable to the Partner is equal or exceeds EUR 100.
2.11. A negative balance is not carried forward to the next month.
2.12. Payments due and payable to the Partner will at no event accrue interest.
2.13. Affiliate Program Operator reserves the right to change the CPA deal on Revenue Share for Partner flows for the reporting period, attracted through an affiliate link, if within a month the number of Active Players becomes less than 10%, except when traffic satisfies KPI, as set by the Offer.
2.14. Affiliate Program Operator reserves the right not to pay the Partner’s Affiliate Rewards according to the CPA model and calculate the Partner’s Affiliate Reward using the Revenue Share model in the following cases:
2.14.1. if the Partner attracted Players who did not meet the minimum quality requirements (for example, multi-accounts – several accounts with one Player; more than 5% of users requested a refund (charge-back);
2.14.2. if the Affiliate Program Operator detects unusual Player behavior (a high percentage of Players who do not return to Betzmark.com; or less than 50% of repeated deposits in one stream);
2.14.3. Affiliate Program Operator reserves the right to change the Partner’s financial balance if the Player listed on the Partner’s link was suspected of fraudulent activity with respect to Affiliate Program Product.
2.14.4. It is not allowed to push the traffic with a branded keyword
2.15. Affiliate Program Operator reserves the right to block payments to the Partner, if the Affiliate Program Operator has reason to believe that the Partner has violated the rules of working with Affiliate Program. Payments can be blocked for any period until the circumstances are clarified. Based on the results of the investigation, in case of violation of the terms of cooperation, Affiliate Program reserves the right to block the partner’s account without prior notice.
2.16. Affiliate Program Operator reserves the right to reduce or suspend any and all payments under the Affiliate Program and Referral Affiliate Program if a Partner reduces efforts to attract new Players or if a Partner violated these Terms and Conditions.
2.17. Affiliate Program Operator is entitled to audit at any time Partner and Promotional Materials used by Partner for compliance purposes. The Partner therefore grants Affiliate Program with the right to examine Partner’s books, records, systems and other materials and information relating to the Offer and promotional activity of the Partner.
2.18. In the event of a suspension or termination in accordance with clauses 2.14-2.17., any Affiliate Reward due and payable to the Partner in accordance with this Section at the time of suspension or termination will be deemed to be forfeited.
2.19. Affiliate Program Operator reserves the right to close the Partner’s personal account in the Affiliate Program system without subsequent payment of Affiliate Rewards and an explanation of the reasons for blocking in case a breach of any of the Terms and Conditions is detected.
3. TERM AND TERMINATION
3.1. These Terms and Conditions apply from the moment the Partner joins Affiliate Program and will be continuous unless either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. A Partner’s reduced or suspended promotion of Affiliate Program will be deemed to represent termination of this Agreement.
3.2. Affiliate Program Operator may terminate this Agreement in its sole discretion if a Partner’s tools used for Promotional Materials are found to be unsuitable, without a notification, including, but not limited to, those that: are aimed at generating Players in a fraudulent manner, promote illegal activities or violate intellectual property rights, violate privacy/publicity of any individual or entity or breach any relevant advertising regulations.
4. CONFIDENTIAL INFORMATION
4.1. All information entrusted by one Party to the other Party, including, but without limitation, relating to Affiliate Program Operator’s business, operations, Offers and any personal data shared for the purposes of execution of this Agreement. Partner agrees to avoid disclosure or unauthorized use of any such confidential information to third parties unless there is prior written consent of the Affiliate Program Operator.
4.2. Partner’s obligations with respect to Confidential Information shall survive the termination of these Terms and Conditions.
5. WARRANTIES AND INDEMNIFICATION
5.1. The Partner certifies that:
5.2. It will, at all times, comply with all laws applicable in the jurisdiction where the Partner is situated and executes an Offer;
5.3. It will, upon Affiliate Program Operator’s request, immediately remove any Promotional Materials on advertising channels;
5.4. It will not place, whether directly or indirectly, Promotional Materials on advertising channels aimed at persons under the age of 18 years;
5.5. It will not directly or indirectly authorise, assist, or encourage any other person to engage in transactions of any kind with respect to the Affiliate Program other than in accordance with this Agreement;
5.6. It will, at all times, comply with the terms of this Agreement, and the Affiliate Program Policies, as updated, amended and replaced by Affiliate Program Operator;
5.7. It will not use any third-party trade-names or trade-marks and infringe the intellectual property rights either of the Affiliate Program Operator or any other parties;
5.8. It will at all times comply with the terms and conditions of any agreement or policy established by an Offer to which the Partner consented;
5.9. It will be responsible for the development, operation and maintenance of its website and electronic mail, including without limitation the technical operation thereof, the creation, publication and accuracy of Promotional Materials published on any such website or in any electronic mail;
5.10. It will, at all times and immediately provide Affiliate Program Operator with written confirmation of a valid address, telephone number, electronic mail address and such other identifying or financial information as Affiliate Program Operator may reasonably require.
5.11. It will indemnify and save harmless Affiliate Program Operator from and against any and all claims or judgments, including all associated legal fees, expenses and disbursements actually incurred, arising out of any breach of this Agreement by the Partner or the exercise by the Partner of any right under this Agreement or any act or omission of the Partner, including without limitation any damages, losses, consequential or otherwise, arising in any manner. The obligation of the Partner to defend and indemnify as set out in this clause will survive termination of this Agreement for any reason and will not be otherwise limited by any other term or condition of this or any Agreement.
6. LIMITATION OF LIABILITY
6.1. In no circumstance will Affiliate Program Operator be liable to the Partner for any consequential, indirect, special, punitive or incidental damages or lost profits of the Partner.
6.2. Affiliate Program Operator disclaims all warranties, conditions, representations, indemnities and guarantees with respect to any matter, both express or implied.
7. DATA PROTECTION
7.1. The handling of Partner’s personal data is set out in Affiliate Program Operator’s Privacy Policy. By accepting these Terms & Conditions a Partner also agrees to the terms of Affiliate Program Operator’s Privacy Policy.
7.2. The Affiliate Program Operator will be handling Partner’s personal data in line with all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679), Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
7.3. Affiliate Program Operator may use Partner’s personal data to:
7.3.1. Communicate with Partner and deliver notices;
7.3.2. Work with third party partners when processing payments to the Partner;
7.3.3. Use personal data to identify or verify the accuracy and correctness of Partner’s information, or when investigating the legality of any data.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All content and other intellectual property included on the Affiliate Program website belongs to the Affiliate Program Operator. It is expressly prohibited to modify, copy, adjust, alter, amend or use content without Affiliate Program’s prior written consent.
8.2. The Partner is permitted to use Promotional Materials provided by the Affiliate Program Operator solely within these Terms and Conditions and the Offer and for purposes of conducting promotional activity in line with these Terms and Conditions.
9. PROCEDURE FOR RESOLVING DISPUTES
9.1. All claims with respect to the use of Affiliate Program shall be submitted to partners@betzmark.com and shall contain name; email; account number; date and time of occurrence of the controversial situation; the essence of the appeal.
9.2. The Affiliate Program Operator does not accept for consideration and does not consider any claims for lost profits, damage, including pecuniary or non-pecuniary, reputational damage.
9.3. The Affiliate Program Operator has the right to refuse to consider the claim in cases of:
9.3.1. the claim does not satisfy the conditions listed in this clause of the Agreement;
9.3.2. if the claim contains obscene language and / or insults to the Affiliate Program Operator or its employees;
9.3.3. if the claim contains threats to the Affiliate Program Operator or its employees;
9.3.4. if the Partner is using the threat of blackening the image of the Affiliate Program in social networks and other resources.
9.4. The term for consideration of the Partner’s claim is no more than twenty business days from the date of receipt of all necessary and sufficient data from the Partner related to the claim and necessary to resolve it.
9.5. In case of a disagreement regarding the operations or status of the Partner’s account, the parties consider the protocols of the Partner’s operations based on the data of the Affiliate Program.
10. FINAL CLAUSES
10.1. These Terms and Conditions will be interpreted, construed and enforced in all respects in accordance with the laws of Curacao.
10.2. Affiliate Program Operator may assign rights under this Agreement without the Partners’ prior consent. The Partner may not assign rights under this Agreement without the express written consent of Affiliate Program Operator.
10.3. These Terms and Conditions operate to the fullest extent permissible by law. If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
10.4. Any notice or other communication required under these Terms and Conditions shall be in writing and transmitted to electronic mail to the attention of Affiliate Program Operator: partners@betzmark.com
PRIVACY POLICY
1. Any and all terms applied in this Privacy Policy shall have the meaning ascribed to them in the Affiliate Program’s Terms and Conditions.
2. Data Protection Legislation is all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679), the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
3. Personal Data is any information relating to an identified or identifiable natural person that is processed by the Affiliate Program Operator as a result of, or in connection with, use of the Betzmark Partners website and the promotional activity under the Affiliate Program as set out in the Terms and Conditions, including name, address, telephone number, email address, date of birth, location data, an online identifier, Credit or Debit card number, bank account number, relevant expiration dates as well as information which does not reveal name, but which relates to the Partner’s device and enables the Partner to be treated individually.
4. Use of Personal Data
4.1. Affiliate Program Operator collects and processes Personal Data for the purposes of creation of Partners registration accounts and further cooperation with Partner. Affiliate Program Operator may also request additional information as part of our verification and ongoing monitoring process. Affiliate Program Operator undertakes to use Partner’s Personal Data and Confidential Information only for the purposes of generating Offer, account registration, verification of Partner’s activity in accordance with the Terms and Conditions and Privacy Policy and not for any other commercial or operational purpose, nor in connection with any similar project undertaken by Affiliate Program. In addition to these obligations, Affiliate Program Operator will protect and safeguard Confidential Information with at least the same degree of care with which it protects and safeguards its own Confidential Information.
4.2. In addition to the Personal Data provided upon registration of account, Affiliate Program Operator also collects information as a result of Partner’s use of Affiliate Program and its website. The information collected includes but is not limited to: login details, location information, device information, identity information and cookies.
4.3. Affiliate Program Operator reserves the right to obtain and use Personal Data and Confidential Information. By browsing Betzmark Partners website, a Partner gives explicit or implied consent to collect, retain and use Partner’s information, for the purpose, but not limited:
4.3.1. to provide information on Product and Affiliate Program;
4.3.2. to analyze customer support services of the Affiliate Program;
4.3.3. to ensure Partner’s eligibility with the Affiliate Program.
4.4. Affiliate Program Operator may share Partner’s Personal Data or Confidential Information with trusted third parties, as permitted by Data Protection Legislation. These third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information is shared. The information may be shared with trusted third parties when:
4.4.1. providing Partner’s Personal Data to banking institutions for the purposes of processing of transactions in accordance with the Terms and Conditions;
4.4.2. responding to a subpoena, warrant, court order, or as otherwise required by law in accordance with Data Protection Legislation.
5. Consent
5.1. By using the Betzmark Partners website and joining the Affiliate Program a Partner consents to collection, use and disclosure of the Personal Data and Confidential Information provided, as outlined in this Policy.
5.2. Affiliate Program Operator may disclose Personal Data and Confidential Information:
5.3. To other members within the group structure of Affiliate Program Operator only for the purposes described in this Privacy Policy including cross borders outside of the EEA, wherever members of the group are located. In the event of a cross border transfer of data, Affiliate Program Operator is committed to provide appropriate protection of Personal Data.
5.4. To trusted third-parties for the purposes set out herein.
5.5. Personal Data will only be transferred to third parties who have agreed to protect and handle it with the same standards expected by the Affiliate Program Operator.
6. Cookies
6.1. Affiliate Program Operator also collects information about which tabs you visited on our site, your browser information, your location and your frequency of use of our site.
6.2. Affiliate Program Operator uses cookies on its website to authorize access to website, prevent fraudulent actions and collect information related to a Partner’s access to and use of Betzmark Partners website, including, but without limitation, if a Partner has previously visited Betzmark Partners website, a Partner’s device used to access the website, a Partner’s previous contacts to website’s customer support, information on browser used to access website, website tabs, Partner’s location and frequency of use of website.
6.3. Rejecting cookies may result in inability to access certain features of Betzmark Partners website.
7. Rights
7.1. A Partner is entitled to have access to Personal Data and Confidential Information provided to the Affiliate Program Operator.
7.2. In accordance with the Data Protection Legislation, a Partner is entitled to access, correct, update or delete Personal Data; object to or restrict its processing; request to transfer Personal Data to another service provider; or to revoke any consent previously given.
7.3. Any notice or other communication required with respect to this Privacy Policy shall be in writing and transmitted to electronic mail: partners@betzmark.com
8. Reservations
8.1. Affiliate Program Operator reserves the right to amend this Privacy Policy at any time and for any reason. Any modification shall not affect the Partner’s rights under this Privacy Policy or Data Protection Legislation.
