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Affiliate Agreement

 

 

of

 

Online Solution BV
Emancipatie Boulevard 31
Curacao

 (hereinafter will be referred to as “OS” and

 

[…]

 

(hereinafter referred to as the “affiliate“)

 

1. General

a) OS is a company registered and based in Curaçao operating this website.

Hence OS is an online sports betting company which offers betting opportunities and online casino games to internet users.
 

b) The affiliate maintains and operates one or several of the following websites on the Internet (hereinafter together referred to as "the website")
 

[…]

 

2. Subject matter of the agreement

a) The subject matter of the agreement is the inclusion of advertising material provided by OS on the affiliate’s website in order to establish an advertising cooperation of mutual benefit. It is understood that the advertising cooperation hereunder is non-exclusive for both parties.


b) OS shall provide the affiliate with a variety of advertising material (e.g. logos, banners, graphics, texts) to be included on the website of the affiliate. OS is entitled to change or restrict the advertising material or provide new advertising material at any time. By including this advertising material on the website, the affiliate enables the users of his website to access directly this website   by clicking on the relevant symbols and to bet or play casino on the site (hereinafter “advertising material").


c) OS shall pay any costs in connection with the graphic design of the advertising material. The affiliate shall pay the costs of the inclusion of the advertising material.

 

3. Conditions

a) Online Solution BV expressly points out that the advertising of or reference to bets or games of chance can be subject to legal restrictions in some countries or even might be prohibited. Therefore, the affiliate understands that he is not entitled to enter into this agreement and/or include the advertising material on his website if the advertising of or reference to bets and games offered by OS is not permitted according to the regulations of his home country.

If OS , the operator  or the affiliate face a disadvantage of any kind whatsoever due to the violation of applicable prohibitions on the advertising of or reference to bets or games of chance, only the affiliate shall be liable for this disadvantage and the affiliate shall also be fully responsible for the disadvantage caused to him.

b) Furthermore, the affiliate acknowledges that he operates the website on his own behalf and is authorised to dispose of the website without restrictions.

 

4. Conclusion of the agreement

a) OS shall provide an online application form which the affiliate shall complete and transmit electronically (via the affiliate website) to OS provided that the conditions of point 3 are met. After the completed form has been sent, OS shall check the application. If OS accepts the application, the affiliate shall receive a written confirmation. OS expressly reserves the right to not accept or refuse applications at their own discretion without restrictions.

b) When entering into the agreement, the affiliate shall receive an affiliate ID. Customers which are referred to this website via an advertising medium on the website of the affiliate and their bets made in this context and other game activities are registered by the advertising material code provided via the affiliate programme.

 

5. Licences

a) When entering into the agreement, the affiliate shall obtain the non-transferable right that may be terminated at any time, to use the advertising material provided to create links to this website. The affiliate, however, is not entitled to change the advertising material or edit it in another way or for another purpose of any kind whatsoever without the prior express written consent of OS. The licence for the use of the advertising material shall expire when the agreement is terminated.


b) OS enters into this agreement on the basis of the design and content of the webpage of the affiliate on the day of the conclusion of this agreement. The webpage of the affiliate may not be changed, in particular with regard to its content and other advertising material (of any kind whatsoever) without the prior express written consent of OS.


c) The design copyright in the advertising material provided under the affiliate programme and any other information on the website made accessible remains exclusively with OS.

d) A change of the URL address of the website of the affiliate shall not be regarded as a change of the agreement and shall not affect his rights and duties under this agreement.

 

6. Content and maintenance of the website of the partner

The affiliate shall include the advertising material of his choice provided under the affiliate programme on his website and in doing so creates a connection to this website. The registration system of OS identifies customers that are referred to the website by linking the advertising material of the affiliate to the affiliate ID (advertising material code) provided. The links may refer to different agreed URL´s pointing to various landing pages.

 

b) The affiliate commits himself to include on his website only advertising material in its currently valid version and to check individually produced content continuously on correctness and validity. OS and the companies of the Group do not assume any responsibility or liability for the affiliate’s failure to update the selected advertising material and individually produced content in line with the respective guidelines.

 

7. Commission

a) In consideration for the inclusion of the advertising material, the affiliate shall receive a performance-based commission on the net profit generated by new customers referred to this website  by the affiliate in accordance with point 2. Customers of this sitewho do not yet have an account and who are referred to the website via the advertising material included by the affiliate on his website, register correctly and make payments to the account shall be regarded as referred new customers.

Depending on the individual business segments, the net profit shall be calculated as follows:

 

• Sports betting: Bets placed here less winnings paid, withdrawal fees, fees, bonuses and chargebacks and proportional royalties payable by OS to the sportsbook software provider, and any taxes, fees and other deductibles as may be imposed by national laws from time to time.

 

• Casino: Casino sales less winnings paid, chargebacks, game fees, bonuses and proportional royalties payable by OS to the respective casino provider, and any taxes, fees and other deductibles as may be imposed by national laws from time to time.

 

b) The amount of the commission is based on the amount of the total net profit generated by the customer referred to this website by the affiliate. The applicable percentage rates are shown on the OS affiliate website. Any national taxes due will be deducted by OS before calculating the net revenue in accordance with the respective legal regulations. OS reserves the right to change the percentage rates at any time using the procedure for the alteration of the agreement in point 13 and to make individual agreements.

 

c) The commission shall be calculated at the end of the month and paid until the 20th of the following month provided that a minimum amount of EUR 100.-- has been reached. If this minimum amount is not achieved in a month, the commission shall be carried forward until it amounts to EUR 100.--. Any amounts less than EUR 3,-- are forfeited at the end of the month.

 

d) A negative account balance at the end of a month is carried over to the following month. The results of the following month(s) will be applied to this balance until it returns to a positive figure.

 

e) The commission may only be paid by bank transfer to the account stated within the application form. The commission shall only be calculated in €. All bank charges incurred by transfers and/or their reversals by the recipient's bank (due to incomplete or inaccurate bank details) shall be paid by the affiliate at all times. It is absolutely obligatory that you quote your IBAN Code together with the BIC/ABA/Swift Code in the application form if applicable! OS reserves the right to withhold any payments to affiliates due to incomplete and/or inaccurate bank details, pending investigations and/or the risk of fraud.

 

f) If the payment amount received by the affiliate contains Value Added Tax (VAT), the affiliate is responsible for submitting the respective amount to the tax authorities in charge.

 

g) After OS has accepted the registration, the affiliate shall be able to access his personal online statistics with his user name and password in order to become informed about the current state of his sales and the remunerations resulting from it.

 

h) Any services and expenses of the affiliate shall be finally paid by the commission; the affiliate can only claim reimbursement for expenses and costs, in particular for other advertising activities of the affiliate, if OS instructed the affiliate to do so in writing.

8. Duties of OS

a) OS shall provide the affiliate with all information required for the proper inclusion of the advertising material.


b) OS shall administer sales generated via the advertising material, record the net profit and the amount of commissions resulting from the advertising material, provide the affiliate with sales statistics and perform customer services in connection with the business transaction.

 

9. Duties of the partner

a) The affiliate is solely responsible for the correct technical inclusion of the advertising material. Therefore, only advertising material provided under the affiliate programme may be used, otherwise the correct registration and calculation of sales cannot be guaranteed.


b) The affiliate is also responsible for the technical operation of his website, in particular linking to this website, and shall ensure that the content of the website does not violate the rights of third parties or otherwise violates the law.


c) The affiliate shall develop, operate and maintain his website and any material shown on the website. He especially undertakes that representations of violence, contents of a clearly sexual nature or discriminating statements or representations based on race, sex, religion, nationality, disability, sexual orientation or age will not be shown on his website and shall indemnify and hold harmless the OS in this respect.


d) The affiliate undertakes that the material shown on his website does not violate the rights of third parties (including copyrights and trademark rights, the general right to privacy or other rights) and that the material shown on his website is not offensive or defamatory or otherwise unlawful and shall indemnify and hold OS harmless in this respect. The affiliate must notify the affiliate team of any changes to his website name, or if he has added any additional banners on websites not announced to OS before.

 

e) Advertisements and contents of the Partner shall not contain illegal or unlawful misrepresentation that is likely to cause damage to the business of OS and shall not knowingly engage in the distribution of unsolicited advertisement (i.e. SPAM) either. The affiliate is bound to comply with compliance requirements and policies that may from time to time be specified by OS. If the affiliate does not comply with this policy, OS is allowed to terminate the contract immediately. The Websites, or any part thereof, may not be aimed at people under 18 years of age.


f) The affiliate is not entitled to design his website in a way so that there is the danger of confusion with this website or to give the impression that it is, in whole or in part, operated by OS. The affiliate is not allowed to use certain key words of this site on search engines prior to written approval.


g) The affiliate is not entitled to use the name of OS or other designations or brands operated by OS otherwise as by including the advertising material on his own website. The affiliate, in particular, shall not use designations or designs which are similar to those of OS and might be confused with them.

 

h) The affiliate is not entitled to offer rake-backs or any other incentives for customers to sign up with this website. In any circumstance, OS will deactivate affiliates accounts immediately from OS Affiliate System. Rake-Back is prohibited within the Network.

 

Definition:

Rake-Back is any form of proportional reward or rebate offered, awarded, provided, facilitated or paid to current affiliated players and/or prospective affiliated players (Affiliated Player) based on their level of rake contribution.

 

10. Term

a) The agreement can be terminated by either party at any time with immediate effect without giving any prior notice and without giving a reason. In any case OS terminates the agreement, if the partner violated essential obligations of this agreement or the execution of this agreement is not permitted by law or has become inadmissible.


b) If the agreement is terminated, the affiliate shall immediately delete all advertising material of OS included on his website. The affiliate shall have no right or avoidance.


c) OS shall calculate and pay the commission from net profit accrued until the 20th of the following month. OS is entitled to set off outstanding commissions against claims against the affiliate, if applicable.


d) After the termination of the agreement, the affiliate is not entitled to receive further remuneration or other compensation by OS.

 

e) OS reserves the right to regularly perform quality checks on affiliate´s websites and their performance and to determine that affiliates are obligated to produce minimum amount of real customers per month.

 

11. Confidentiality

a) Any information, in particular business and financial information, customer and buyer lists and price and sales information, shall be treated confidential and must not be used directly or indirectly for the party’s own economic or other purposes or passed to third parties.


b) This does not apply for such information which are generally known or may become known via generally accessible sources, however, not being the sources of the relevant party. Either party is entitled to pass such information to third parties if there is a judicial order, if the information is passed to persons being bound by professional confidentiality or if there is a legal obligation to provide it.


c) Email addresses and all user data may only be used for internal purposes. The affiliate undertakes to comply with all applicable regulations for the protection of personal data.

 

12. Warranty and liability

a) OS undertakes that the websitewill be operated within the scope of the current technical possibilities. No liability is accepted for further claims.


b) The liability of the legal representatives and vicarious agents of OS shall be limited to intent and gross negligence. The liability of OS – for whatever reason – shall be limited to the amount of the commission paid to the affiliate within the last six months. If the agreement is terminated before the end of six months, the commission paid until this date shall apply for the calculation of the damage.

 

13. Alteration of the agreement

OS reserves the right to alter any of the regulations and provisions hereunder at any time. The affiliate shall be notified of the alteration by a notification in his affiliate account. If the agreement is not terminated within one week from the receipt of the alteration, the alteration shall be regarded as accepted

 

14. Miscellaneous

a) This agreement shall be governed by the law of Curaçao. The place of jurisdiction for any disputes arising under this agreement shall be the responsible courts in Curacao.

 

b) Amendments and supplements to this agreement must be made in writing to be effective. Oral subsidiary agreements do not exist.

 

c) If any of the provisions hereunder are or become ineffective, the ineffective provision shall be replaced by a provision that comes as close as possible to the economic purpose of the ineffective provision. This shall not affect the other provisions of the agreement.

 

d) This Affiliate Agreement is posted on the internet in English.  In the event that any further language versions will be added at a later point in time, the English version will prevail.

 

V1.1 – Last update 20.10.2014

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