YoAffiliates – Terms & Conditions
Last update 01/03/2018
Effective as of: 01/03/2018
These are the Terms and Conditions of Yobetit.com Limited (C 57860) with registered address as Yobetit.com Ltd, Mdina Road, Żebbuġ (hereinafter referred to as ‘YoBetIt’ and ‘We’). The company is licensed and regulated by the Malta Gaming Authority (MGA) under the following licenses: MGA/CL2/843/2012 and MGA/CL1/1438/2017.
Upon signature of the Affiliate Sign Up Form and approval of your affiliate account, these Terms and Conditions shall constitute an agreement between the Parties (‘the Agreement’).
Please read these Terms and Conditions carefully. By signing up for the YoBetIt Affiliate Program, you indicate your acceptance of these Terms and Conditions.
1.1 ‘Adjustments’ might include the following depending upon the product: duties, taxes, licensing fees, fraud, charge-backs, payment fees, player points and similar.
1.2 ‘Affiliate’ means you; the individual or entity who applies to participate in the Affiliate Program.
1.3 ‘Affiliate Account’ means the account set up by Affiliate to participate in the Affiliate Program and which is approved by YoBetIt.
1.4 ‘Banners and Text Links’ means the graphical artwork or text used by the Affiliate to link from the Affiliate Website/s or any other third-party website/s to the YoBetIt website. Banners provided by YoBetIt are hosted on the Company’s servers and YoBetIt reserve the right to update these banners at any time, and without previous notice.
1.5 ‘Bonuses’ include but are not limited to Free Spins, Free Money, Free Bets, Free Games, Money-Back, Vouchers, Discounts and/or similar promotions that the players can utilize as payments for bets like Free Bets/ Spins offers, Deposit Bonuses or similar.
1.6 ‘Brands’ include: YoBetIt, YoMillions and any other brands which can be added to the company’s portfolio.
These brands are the sole property of YoBetIt and they represent names and concepts under which the business of the Company is being conducted and recognized.
1.7 ‘CPA’ means Commission based on the amount of New Depositing Players that meet predefined conditions. Such conditions will be agreed on in written form and exchanged by email between the Affiliate and YoBetIt prior to the start of the deal.
1.8 ‘Deposit(s)’ means money transferred by Players to YoBetIt’ accounts.
1.9 ‘Fraud Traffic’ means any traffic, players or deposits sent to any or all of the sites of YoBetIt in bad faith or through illegal ways and this independently, whether or not such traffic causes harm to any or all of the sites directly or indirectly. Spam, and illegal use of other parties’ trademarks and other intellectual property rights are considered to be Fraud Traffic. Other cases of Fraud Traffic are described in these Terms and Conditions in the following paragraphs.
1.10 ‘Hybrid’ refers to a remuneration model which is a combination of CPA and Revenue Share Commission models.
1.11 ‘Net Revenue’ is = Gross Revenue (Players Bets/Wins minus Players Losses) minus Bonuses minus Adjustments.
1.12 ‘Player(s)’ refers to a person/people who enter the YoBetIt sites via Affiliate Tracking Link/s or banner/s.
1.13 ‘Revenue Share Commission’ is = (Total Net Revenue from all YoBetIt Products) multiplicated by Affiliate Commission Percentage.
1.14 ‘Sites’ refer to www.yobetit.com and any other websites that can be added by YoBetIt to its portfolio at a later stage.
1.15 ‘SMS’ is a text message sent by the Affiliate, either directly or indirectly, via mobile phone or internet.
1.16 ‘Spam’ refers to emails and/or text messages that are sent by the Affiliate, either directly or indirectly, which: 1) do not have opt-out / unsubscribe option available in real time, 2) have false, illegal or misleading content; and 3) do not show the source or the originating IP Address.
1.17 ‘Sub-Affiliates’ are affiliates who registered to the YoAffiliate Program through the tracking link provided by you.
1.18 ‘Tracker/s’ is the unique tracking URL that is provided exclusively to you as part of Affiliate agreement, during the term of the Agreement. The Tracker/s will record your statistics to calculate your commission.
1.19 ‘YoAffiliates’ is the Affiliate Program belonging to YoBetIt.
- YoBetIt Rights and Obligations
2.1 We will provide you with materials and information required for implementation of the Affiliate Links and banners.
2.2 We register your players and track their activities on our sites. We reserve the right to refuse players accounts or close them if necessary to comply with any requirements we may establish at any time.
2.3 You will be provided with tools allowing you to monitor your Affiliate Account, level of commission and payments.
2.4 We reserve the right to accept/ decline Affiliate Application/s at our sole discretion; you will receive an email notification about the status of your application.
2.5 We reserve the right to suspend or close Affiliate Account/s in the case of a breach or suspected breach of the Affiliate Agreement with suspension and/or withholding of commission depending on the severity of the case. In case of the above, a written notice will be given to the affiliate by email and the appropriate action will be taken accordingly.
2.6 We reserve the right to modify these Terms and Conditions at any time in our sole discretion. Any such changes will be posted on the YoBetIt.com website and communicated to the Affiliate by email. If you continue using the YoAffiliate Program after the change had been published and communicated to you it would be deemed that you have accepted it.
- Rights and Obligations of Affiliates
3.1 Promoting YoBetIt Brands
By creating an Affiliate account and accepting the Affiliate agreement, you agree to create a unique tracking link from your site/s to any and/or all of the sites of YoBetIt. Both banners and text links can be used for this purpose, and those will be available to you from the back office of our Affiliate program. If you intend to use other sources of traffic apart from the site mentioned when signing up for an Affiliate account, you are obliged to inform YoBetIt about such intention and receive a written approval prior to the start of such a promotion/campaign. You shall not make any claims, representations, or warranties in connection with or on behalf of YoBetIt, the websites and/or the brands and you shall have no authority to, and shall not, bind YoBetIt to any obligations other than those arising from these Terms and Conditions.
3.2 Agency Appointment
The Agreement will grant the Affiliate the non-exclusive right to refer players to the YoBetIt sites and services therein, according to these Terms and Conditions. The Agreement will not give the Affiliate any exclusive rights to provide the services in terms of the Agreement, and we will be contracting with and obtaining the assistance from other individuals at any time to perform services of the same or similar nature to yours. The Affiliate has no right to claim any type of remuneration from business secured by or through persons or entities other than you.
3.3 Approved Marketing Material
The appearance and syntax of the affiliate tracking link represent the only authorised and permitted representation of the YoBetIt sites. You may only use banners, links and other marketing material which will be provided by the “YoAffiliates” back office and you are not allowed to change it in any way unless a written permission obtained from YoBetIt.
3.4 Valid Traffic and Good Faith
We reserve the right not to pay commission in respect of players who are found to be associated with bonus abuse, money laundering, fraud and affiliate fraud. You shall not drive traffic to the websites of YoBetIt from the sources which are related to betting arbitrage, ‘sure betting’, ‘safe betting’, ‘casino systems’ or similar. Even if you have not knowingly generated such traffic, your commission with respect to such traffic may be withheld and not paid to you.
3.5 Responsibility for Your Site and Other Sources of Traffic
You will be solely responsible for ensuring that materials posted on your site comply with respective local laws. You warrant and undertake that your site will not contain any material which is defamatory, violent, pornographic, unlawful, threatening, obscene or racially, ethnically, or otherwise discriminatory, or in breach of any third party rights and shall not link to any such material. We disclaim all liability for these matters. Your site or other sources of traffic you use in order to promote YoAffiliates shall not give the impression that it is owned or operated by YoBetIt. YoBetIt will not be held responsible for and you will hold YoBetIt harmless against any claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, content of your site, or other sources of traffic.
3.6 Affiliate Account Details and Affiliate Compliance
You are responsible for keeping your Affiliate Account details safe and confidential. We may be unable to provide you with Affiliate Account details if they are lost, due to their confidentiality. Should you suspect unauthorised use of your Affiliate Account, you are obliged to inform us by email immediately.
We reserve the right, at our sole discretion, to ask the Affiliate to send copies of identification documents, proof of billing address, or any other documents. Should the Affiliate provide false or misleading information, it can lead to the termination of The Affiliate Agreement.
Affiliate must be at least 18 (eighteen) years old in order to participate in The YoAffiliate Program.
3.7 Intellectual Property Rights
YoBetIt gives the Affiliate a non-exclusive, non-transferable right to use the features of the brands and related content during the term, solely for the purposes of displaying promotional materials on the Affiliate Site/s, or other sources of traffic which have to be approved in written form by YoBetIt prior to being used as part of this Affiliate Agreement. This right cannot be sub-licensed, assigned or otherwise transferred by you. The Affiliate is not permitted to use the YoBetIt content in any way that is detrimental to YoBetIt or the reputation or goodwill of the company. The Affiliate is not allowed to change YoBetIt marketing material, including the content, without written permission from YoBetIt Ltd. The Affiliate should notify YoBetIt if s/he comes across any misuse of the YoBetIt Intellectual Property Rights by any other party.
3.8 Marketing Methods and Brand Names
You will not use, purchase, or allow any third party to use or purchase any website having a domain name that contains any of the YoBetit brands or their variations or misspellings, either by linking, redirecting traffic or any other way, without the written permission obtained from YoBetIt.
YoBetIt does not allow the Affiliate to run PPC (pay-per-click) campaigns, sponsored promotions, search engines’ keywords, AdWords or others which use any of the brands or which are identical or similar to any of the trademarks or trade names from time to time or include the keywords ‘YoBetIt’, ‘YoMillions’ or any other variation or include meta tag keywords in PPC advertising which are identical or similar to any of the Brands’ trademarks or trade names at any time. It is prohibited to include the keywords ‘YoBetIt’, ‘YoMillions’ or any other variation, such as but not limited to:
yobetit, yo bet it, Yo Bet, Yo millions. These keywords cannot be used in combination with lotto, sport, casino as well as in any combinations with offers, free spins, games, or bets.
In case of the breach of this clause we reserve the right to terminate The Affiliate Agreement with immediate effect and not pay commission for the players who are linked to inappropriate marketing methods being used.
3.9 SMS and Email Marketing
If the Affiliate intends to use SMS or email marketing in order to promote YoBetIt Brands, written consent prior to the start of such a campaign must be obtained from YoBetIt in order to be able to use SMS and email marketing of the Affiliate to comply with the Company’s guidelines and must not to be used to spam the players. Any communication sent to the players through SMS, and email channels and other similar ways of communication without the player’s consent, opt-out options and written approval of YoBetIt will be considered as inappropriate advertising and it can lead to the termination of the Affiliate Agreement. We will not pay commission for the players coming in as a result of inappropriate advertising.
Affiliate Commissions are paid the month following that during which the Commissions were generated (one month in arrears). Should the Affiliate generate less than one hundred Euro (€100) during one calendar month, his/her commission will not be paid but will be carried over and added to the balance of the following month. Affiliate Commission is paid in Euros. Negative carry over does not apply (the exception is for players identified as “High Rollers” as stated in 4.2 of these Affiliate Agreement).
CPA, hybrid and other deals different from Revenue Share model must be agreed on a request basis between the Affiliate and YoBetIt. YoBetit runs regular fraud checking and should the players from these deals result to be fraudulent, you will be notified and you will not receive remuneration in respect of fraudulent players. The deals which are different from Revenue Share will be subject to minimal deposit triggers and the other conditions agreed to in writing between Affiliate and YoBetIt Ltd prior to the start of the deal.
4.2 High Rollers Policy
YoBetIt Ltd defines a player to be a High Roller if s/he generates accumulated winnings of at least €25,000 (twenty-five thousand Euros) during one calendar month.
The negative revenue generated by a player identified as a High Roller will be carried forward and be counted against the future revenue generated by the same player until the negative balance is fully set off against future positive commission.
We will notify Affiliate if any of his/her players have been identified as High Rollers.
4.3 Charge-Back Policy
A Charge-Back is a non-collectable Credit Card transaction from the Credit Card companies due to customer non-payment or fraudulent credit card use. Charge-Back fees will be paid to Credit Card companies. Any profits made from fraudulent play will not be credited to your Affiliate account.
- Term and Termination
The Agreement will begin once your Affiliate Account is approved by YoBetIt Ltd and will bind both parties forever, unless a party notifies the other in writing that they wish to terminate the Agreement, by giving 30 days’ notice of termination. The Agreement will then be terminated after 30 days from when written notice is received. Termination is at will, with or without reason, by either party. Notice by email is acceptable.
YoBetIt reserves the right to terminate the Affiliate Agreement and close or suspend the Affiliate Account as well as suspend or stop commission payments in the cases of breach of the current Affiliate Agreement which were previously described in ‘Obligations of Affiliate’ and in other sections of these Terms and Conditions, immediately, and without the need for any notice of termination to be given. Commission earned from affiliated players after the day of termination of the Affiliate Agreement will belong to YoBetIt.
5.1 Effects of Termination
Upon termination, the Affiliate must remove all marketing material related to YoBetIt such as banners, links, landing pages, content and other material linked to YoBetIt, or any material used to promote YoBetIt’s Brands.
All rights and licenses given to you by the Agreement will terminate with immediate effect upon the termination of the Agreement.
If Affiliate is entitled to any pending commission payment which arose prior to the termination of the Affiliate Agreement, that commission will be paid only and when the above marketing material and any promotion of YoBetIt brands are removed by the Affiliate.
The final payment may be withheld by YoBetIt for a reasonable time should an investigation be needed in order to ensure that the correct amount is paid and in case of other necessary investigations.
With the termination of the Agreement, you acknowledge and accept that previously referred players, as well as all players’ data, will remain the property of YoBetIt at all times.
5.2 Reasons for Termination
YoBetIt will also be entitled to terminate Affiliate Agreement if we determine (at our sole discretion) that the Affiliate Site or other sources used to drive traffic to YoBetIt’s brands are related to pornography, targeting children, related to child pornography, contain violent messages or images, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, have content related to illegal activities, or in breach of third party intellectual property rights.
5.3 Commercial Use Only
YoBetIt Affiliates and your Affiliate Account cannot be used by you or your family members and friends; noone is allowed to use Affiliate Marketing material other than you, the Affiliate to make use of the Company’s brands, such as deposits, bets or similar. Such traffic will be considered as fraudulent and YoBetIt will not pay commission for it. Should you wish to make test deposits please contact YoBetit by email prior to the test deposit.
- Relationship of Parties
YoBetIt and the Affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on YoBetIt, the Sites’ and/or the Brands’ behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
You shall defend, indemnify, and hold YoBetIt, the Third Parties, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including legal fees, resulting from, arising out of, or in any way connected with:
(a) Any breach by you of any warranty, representation, or agreement contained in this Agreement.
(b) The performance of your duties and obligations under this Agreement.
(c) Your negligence or any injury / damages caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of the Banners and Text Links or this Affiliation Program.
YoBetIt makes no express or implied warranties or representations with respect to the “YoAffiliates” Program, Affiliate or marketing fee payment arrangements (including, without limitation to, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, YoBetit makes no representation that the operation of the sites will be uninterrupted or error-free and YoBetit will not be liable for any consequences of any interruptions or errors.
The Company’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of YoBetit’s right to subsequently enforce such provision or any other provision of this Agreement. None of the YoBetIt employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
The rights and remedies belonging to YoBetIt hereunder shall not be mutually exclusive, i.e. the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision.
- Limitation of Liability
You agree that YoBetIt will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data), as well as any loss of goodwill or reputation occurring as a result of Affiliate partnership and the use of Affiliate program, even if YoBetIt has been advised of the possibility of such damages.
- Severability and Governing Law
Each provision of the Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, 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 infeasibility, without invalidating the remainder of the Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be provided in writing to be effective.
The Agreement shall be governed by and construed in accordance with the laws of Malta and any dispute in relation to the Agreement shall be subject to the jurisdiction of the Maltese courts.