This is an Affiliate Agreement (the "Agreement") between you ("you" or "Affiliate") and AffiliatePark operated by Time Solutions Limited, a company with registration number C82184 and registered office at 6, Quantum Place, Triq ix-Xatt, Gzira, Malta ("Company", "us", "we" or "Affiliate Program").
By registering for the Affiliate Program, and by accessing and using any of our marketing tools or accepting any reward, bonus or commission, you will be deemed to have read, understood and agreed to the Agreement.
We may periodically make modifications to this Agreement. Your continued use of the Affiliate Program will constitute your consent to the updated Agreement.
1. Definitions
- "Affiliate" means you, the person or entity, who applies to participate in the Affiliate Program.
- "Affiliate Account" means the account of the Affiliate set up after an Affiliate Application is made and approved by Company.
- "Affiliate Agreement" means (i) all the terms and conditions set out in this document, (ii) the Commission Structures applicable to the different products and brands, (iii) any other rules or guidelines made known to the Affiliate from time to time, and (iv) any Insertion Orders (IOs) entered into by the Affiliate.
- "Affiliate Application" means the application made by the Affiliate to participate in the Affiliate Program.
- "Affiliate Links" means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other third-party website to Company Websites.
- "Affiliate Program" means collaboration between the Company and the Affiliate whereby the Affiliate promotes the Company's websites and creates Affiliate Links for which the Affiliate is paid a commission depending on the generated traffic, subject to the terms of this Agreement.
- "Affiliate Wallet" means an online wallet in the name of the Affiliate into which Company pays the commission and any other payments due, which the Affiliate can withdraw in accordance with the Agreement.
- "Affiliate Website" means any website which is maintained, operated or otherwise controlled by the Affiliate.
- "Company" shall mean Time Solutions Limited and any other company within our group, including our parent companies and all subsidiaries.
- "Company Websites" means www.highbet.co.uk or other such websites as may be added to this Affiliate Program from time to time.
- "Commission" means the percentage of the Net Gaming Revenue, or a fixed amount for a New Customer (CPA structure) as set out in the Commission Structures.
- "Commission Structures" means any specific reward structures expressly agreed between Company and the Affiliate.
- "Confidential Information" means any information of commercial or essential value relating to Company such as, but not limited to, financial reports, trade secrets, know-how, prices, business information, products, strategies, databases, technology, information about New Customers, marketing plans and manners of operation.
- "Intellectual Property Rights" means any copyrights, trademarks, service marks, domain names, brands, business names, and registrations thereof and/or any other similar rights of this nature.
- "Net Gaming Revenue" or "NGR" means all monies received by Company from New Customers as placed bets, less (a) winnings returned, (b) issued bonuses, (c) net balance corrections, (d) administration fees, (e) fraud costs and chargebacks — related only to New Customers referred by the Affiliate.
- "New Customer" means a new, first-time customer who made a first deposit of at least the applicable minimum deposit, excluding the Affiliate, its employees, relatives and friends.
- "Parties" means Company and the Affiliate (each a "Party").
- "Personal Data" means any information relating to any person, whether individual or legal, that is or may be identified directly or indirectly.
2. Affiliate Obligations
2.1 Registering as Affiliate
To become a member of our Affiliate Program you must accept these terms by ticking the respective box while submitting the Affiliate Application. We will, at our sole discretion, determine whether to accept an Affiliate Application and our decision is final. You will provide any documentation required by Company to verify the Affiliate Application at any time during the term of the Agreement, including but not limited to bank statements, identity papers and proof of address. It is your sole obligation to ensure any information you provide is correct and kept up to date.
2.2 Affiliate Login Details
It is your sole obligation and responsibility to ensure that login details for your Affiliate Account are kept confidential and secure at all times. Any unauthorised use resulting from your failure to adequately guard your login information shall be your sole responsibility. It is your obligation to inform us immediately if you suspect illegal or unauthorised use of your Affiliate Account.
2.3 Affiliate Program Participation
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering or transferring an Affiliate Account is not accepted. Affiliates wishing to transfer an account must contact us and request permission. You shall not open more than one Affiliate Account without our prior written consent. You agree to use your best efforts to actively advertise, market and promote the Company Websites in accordance with the Agreement and Company's instructions. You may only link to Company Websites using approved Affiliate Links.
2.4 Affiliate Website
You will be solely responsible for the development, operation and maintenance of the Affiliate Website and for all materials appearing on it. You shall at all times ensure the Affiliate Website is compliant with all applicable laws, including GDPR, and functions as a professional website. The Affiliate Website will not contain any defamatory, libellous, discriminatory or otherwise unsuitable content including violent, obscene, derogatory or pornographic materials.
2.5 Valid Traffic and Good Faith
You will not generate traffic to Company Websites by registering as a New Customer whether directly or indirectly. Such behaviour shall be deemed as fraud. If you have any reasonable suspicion that any New Customer referred by you is associated with bonus abuse, money laundering, fraud, or other abuse, you will immediately notify us. Any New Customer found to be a bonus abuser, money launderer or fraudster does not count as a valid New Customer and no Commission shall be payable in relation to such New Customers.
2.5.1 Prohibited Activities and Fraudulent Traffic
Affiliate Program does not pay for Non-valid Players. The casino platform detects fraudulent players and notifies the Affiliate Program. If any suspicious activity is detected within the affiliate traffic, payments may be delayed at the discretion of the Affiliate Program. The maximum hold may be up to 90 days.
You acknowledge that the Company reserves the right to suspend your traffic for further analysis. All New Customers registered on the following day after such notification may be declined and not payable upon Company decision.
If more than 60% of New Customers affiliated by partner make only a minimum first deposit during the billing month, the whole traffic volume shall be considered motivated. The Company reserves the right to hold traffic for further analysis for an indefinite period of time and any Commission may not be payable.
If more than 60% of New Customers of your total traffic made only a first and second deposit during the current month, the whole traffic volume shall be considered as motivated and the Company has a right not to pay the Commission for such traffic.
The term "motivated traffic" includes the following patterns, but is not limited to:
- IP crossings
- Incorrect or fake personal data
- Fraudulent activity in relation to payment methods
- Similar gaming activity
- No signs of engagement
Company has a right to cancel a partner's current deal and set a new deal unilaterally notifying the partner one (1) bank day in advance. Reasons of cancellation may include:
- Low quality traffic;
- Low conversion that may lead to a negative balance.
After the cancellation of a current deal, all subsequent traffic brought by the Partner will be paid under conditions of the new deal. The initial payment shall be disbursed subsequent to a minimum of 10 first-time depositors. Failure to achieve this within 90 days empowers the Company to, at its sole discretion, confiscate the commission.
2.6 Unsuitable Websites
You will not use any Affiliate Links or place any digital advertisements featuring our Intellectual Property on any unsuitable websites. Unsuitable websites include, but are not limited to, websites aimed at children, displaying illegal pornography, promoting violence, promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promoting illegal activities, or breaching any relevant advertising regulations.
2.7 Affiliate Links
The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate Website. You will only use Affiliate Links provided by Company within the scope of the Affiliate Program. Masking your Affiliate Links (for example hiding the source of the traffic sent to Company's Websites) is prohibited.
2.8 Email and SMS Marketing
If sending emails or SMS communications which include Company's Intellectual Property Rights or intend to promote Company Websites, you must first obtain our permission. If permission is granted, you must ensure each recipient's explicit consent, that they have not opted out, and that all communications are clearly identified as sent from you and not from our Company.
2.9 Use of Company Intellectual Property Rights
Any use of Company's Intellectual Property Rights must be in accordance with brand guidelines issued to you from time to time and are subject to approval. You will not register domain names, search terms or other identifiers which are identical to or include the Company's trademarks.
2.10 Approved Creative
You will not use any advertising layout or creative incorporating our Intellectual Property Rights unless provided by the Company or without the advance written approval of Company. You will not modify any approved advertising. It is your responsibility to seek approval from Company in time for launch of any advertising campaign and to be able to evidence such approval upon request.
2.11 Loyalty Programs
You will not offer any cash-back / value-back or similar programs, other than such programs as are offered on the Company Websites.
2.12 Responsible Gaming
The Company has an ongoing commitment to responsible gaming and prevention of gambling addiction. You agree to actively cooperate with the Company to convey a responsible gaming message. You will not use any material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction.
2.13 Illegal Activity
You will not target any territory or jurisdictions where gambling is illegal. You will act within applicable law at all times and you will not perform any act which is illegal in relation to the Affiliate Program or otherwise. The Affiliate acknowledges that promoting on Swedish market resources and using Swedish language is subject to legal restrictions in Sweden and will lead to the immediate account closure if disclosed. The Affiliate acknowledges that you cannot use or advertise on any .nl domains, cannot include Dutch themes, and your website cannot be translated in Dutch.
2.14 Data Protection and Cookies
You shall at all times comply with the General Data Protection Regulation (GDPR) and any existing or new data protection acts, regulations or law applicable to your territory. This includes all applicable legislation and/or regulations relating to the use of 'cookies'.
2.15 Cost and Expense
You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations under the Agreement.
2.16 Company Monitoring of Affiliate Activity
You will immediately give Company all such assistance as is required and provide all such information as is requested by Company to monitor your activity under the Affiliate Program.
2.17 Commissions Paid Incorrectly
The Affiliate agrees to immediately upon request by Company, return all Commissions received based on New Customers referred to Company in breach of the Agreement or relating to fraudulent or falsified transactions.
3. Affiliate Rights
3.1 Right to Direct New Customers
We grant you the non-exclusive, non-assignable, right, during the term of this Agreement, to direct New Customers to such Company Websites as we have agreed with you in strict accordance with the terms of the Agreement. You shall have no claim to Commission or other compensation on business secured by persons or entities other than you.
3.2 Licence to Use Company Intellectual Property Rights
We grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use the Company Intellectual Property Rights solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved in writing by Company. This licence cannot be sub-licensed, assigned or otherwise transferred by you.
3.3 Players' Personal Data
For the purpose of the services delivered under this Agreement, it is understood that the Affiliate shall not have access to any Personal Data of Company's customers.
4. Company Obligations
- We shall use our best efforts to provide you with all materials and information required for necessary implementation of the Affiliate Links.
- At our sole discretion, we will register any New Customers directed to the Company Websites by you and we will track their transactions. We reserve the right to refuse New Customers or close their accounts if necessary to comply with any requirements we may periodically establish.
- We shall make available monitoring tools which enable you to monitor your Affiliate Account and the level of your Commission and the payment thereof.
- We shall use and process the following personal data of an Affiliate or any Affiliate employee: your username, email address, name, date of birth, country and address, telephone number and financial data for the purposes of ensuring a high level of security, fulfilling the AML legal requirements and for managing our business relationship.
- Subject to your strict adherence to the Agreement, we shall pay you the Commission in accordance with Clause 6.
5. Company Rights and Remedies
In the case of your breach (or suspected breach) of this Agreement or your negligence in performance under the Affiliate Program, or failure to meet your obligations hereunder, the Company shall have the following remedies available:
- The right to suspend your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Agreement. During such period of suspension payment of Commissions will also be suspended;
- The right to withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate which is in breach of the Affiliate's obligations under the Agreement;
- The right to withhold from the Commission monies which Company deems reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of Company which arises as a result of the Affiliate's breach of the Agreement;
- Immediately terminate the Agreement;
- The right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a period of 3 (three) months from the date of the termination of the Agreement in accordance with Clause 8.1.
Our rights and remedies detailed above shall not be mutually exclusive.
6. Commission and Payment
- 6.1 Subject to your adherence to the provisions of the Agreement, you will earn Commission in accordance with the Commission Structure. We retain the right to change the Commission percentage and method of calculation of Commission in accordance with this clause.
- 6.2 The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, not later than the 10th of the following calendar month.
- 6.3 Payment of Commission will be made through our Affiliate Wallet. Due to existing regulations, Affiliates may be required for verification and "know your customer" documentation before a withdrawal can be accessed.
- 6.4 A minimum amount of €250 (two hundred fifty euro) may be withdrawn from the Affiliate Wallet at one time.
- 6.5 If an error is made in the calculation of the Commission, the Company has the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
- 6.6 The Affiliate may, at the Company's sole discretion, be provided with the opportunity to restructure its Commission Structure.
- 6.7 The Affiliate's acceptance of a Commission payment shall constitute the full and final settlement of the balance due for the relevant period. In case the Affiliate disagrees with the balance due as reported, he or she shall notify the Company within fourteen (14) calendar days and clearly state reasons of the disagreement. Failure to notify the Company within this time limit shall be considered as an irrevocable acknowledgment of the balance due for the relevant period.
- 6.8 The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. The Affiliate shall have the sole responsibility to pay any and all taxes, levies, charges and any other money payable or due to any tax authority as a result of the compensation generated under the Agreement.
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6.9 The following apply to unclaimed Commission for over twelve (12) months:
- Unclaimed Commission refers to any Commission earned by an Affiliate but not claimed or withdrawn for a period of twelve (12) months or more from the date the said Commission became due.
- The Affiliate Program reserves the right to confiscate any unclaimed Commission after the twelve (12) month period has elapsed.
- The Affiliate Program will make reasonable efforts to notify the Affiliate of any unclaimed Commission before it is confiscated. Notification may be sent by email, phone, or other means deemed appropriate by the Affiliate Program.
7. Confidential Information
During the term of the Agreement, you may from time to time be entrusted with Confidential Information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate Program).
You agree to avoid disclosure or unauthorised use of any such Confidential Information to third persons or outside parties unless you have our prior written consent. You also agree that you will use the Confidential Information only for the purposes of the Agreement. Your obligations in regards to this clause survive the termination of this Agreement.
In addition, you must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of the Company.
8. Term and Termination
8.1 Term
The term of the Agreement will begin when you are approved as an Affiliate and will be continuous unless and until either Party notifies the other in writing that it wishes to terminate the Agreement. In this case the Agreement will be terminated 30 days after such notice is given. Delivery via e-mail is considered a written and immediate form of notification. Company may also terminate upon immediate notice at any time for the Affiliate's failure to meet their obligations under the Agreement.
8.2 Affiliate Actions Upon Termination
Upon termination you must immediately remove all of Company banners or creatives from the Affiliate Website and disable all Affiliate Links to all Company Websites. All rights and licenses given to you in the Agreement shall immediately terminate. You will return to Company any Confidential Information and all copies of it in your possession and control, and will cease all uses of all Company Intellectual Property Rights.
8.3 Commission
Upon termination of the Agreement for any reason, all Commissions relating to any New Customers directed to Company during the term shall not be payable to the Affiliate as from the date of termination.
9. Miscellaneous
9.1 Disclaimer
We make no express or implied warranties or representations with respect to the Affiliate Program, about Company or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement). In addition, we make no representation that the operation of our sites will be uninterrupted or error-free. In the event of a discrepancy between the reports offered in the Affiliate Account system and the Company database, the database shall be deemed accurate.
9.2 Indemnity and Limitation of Liability
You shall indemnify and hold Company, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from or in any way connected with (a) any breach by you of any provision of the Agreement, (b) the performance of your duties and obligations under the Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our creatives and links or this Affiliate Program.
The Company shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
9.3 Non-Waiver
Our failure to enforce your strict performance of any provision of the Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Agreement.
9.4 Relationship of Parties
The Company and the Affiliate are independent contractors and nothing in the Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
9.5 Force Majeure
Neither Party shall be liable to the other for any delay or failure to perform its obligations under the Agreement if such delay or failure arises from a cause beyond its reasonable control, 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 subsists for a period exceeding thirty (30) calendar days then either Party may terminate the Agreement with immediate effect by providing a written notice.
9.6 Assignability
You may not assign the Agreement, by operation of law or otherwise, without our prior written consent.
9.7 Severability
If any provision of the 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 the Agreement or any provision hereof.
9.8 English Language
The Agreement was first drafted in English. Should there be any conflict or discrepancy between the English language version and any other language, the English version shall prevail.
9.9 Modification of Terms & Conditions
We may modify any of the terms and conditions contained in the Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Program rules. If any modification is unacceptable to you, you need to terminate the Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or new agreement will constitute binding acceptance of the modification or of the new agreement.
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Reliability
Revenue Sharing
Fast Payment
Mutual Growth
