By accepting the Terms and Conditions set out below you agree to initiate a connection between Sportempireaffiliates.com website and your site/sites, using trackable promotional materials provided by us in return for agreed benefit.
1. SIGNING UP TO THE AFFILIATE PROGRAMME
To become an affiliate of the Sportempire Affiliates Programme you should register as an affiliate by completing the online application form. The information you provide in your online application form must be genuine and complete in order that it is taken under consideration for approval. We may decide not to accept your request after considering it incomplete, irrelevant or not genuine in any aspect.
Should your application be approved you will be informed about this by an email of confirmation sent to the email address you provided in your application form with a username and a password. The username and the password are yours and you shouldn?t provide them by any means to a third party. The username and the password are unique to You and ensure that You will access Your Affiliate panel easily, allowing You to enter Our Banner gallery and decide on a banner of Your choice or use Our reporting tool to track your commission growth.
We may refuse to approve your application to join the affiliate programme.
Sportempire does not allow employees or persons, related to them, to participate in Sportempire Affiliate programme.
2. OUR RIGHTS AND OBLIGATIONS
Always subject to Clause 3.1:
We will register Customers and track their transactions. Once registered the Customer becomes our customer and must accept all our rules, policies and operating procedures.
We will pay you Commission in accordance with Clause 4 below.
We will use our reasonable endeavours to provide you with password protected access to a report in the Affiliate Area shows the Net Revenue of Customers across Our Products.
We will use our reasonable endeavors to: tag the identity of all Visitors; record all bets and stakes made by Customers; record the history of payments of Commission made to you.
IF YOU DECIDE NOT TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD BANNER CODE, TEXT LINK CODE, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO Sportempire.
We reserve the right to terminate this Agreement if we determine that your site is unsuitable. Unsuitable sites may include those that: promote sexually explicit materials, are targeted towards children or minors, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, promote illegal activities, or violate intellectual property rights ("IP rights").
As a policy, Sportempire?will not accept an online application for registration as an affiliate if you advertise with Internet Protocol (IP) addresses located in or originating from within the geographical jurisdiction of the U.S, Bulgaria, France and Israel.
This Agreement sets all the terms and conditions of membership to the SportempireAffiliate Programme. "You", the "affiliate" refers to you, the individual, group or corporate entity registering with us as an affiliate under this Agreement, and will be deemed to include any employees, officers, directors, shareholders, owners, controlling parties and affiliated individuals and entities (and "your" has a corresponding meaning).
3. AFFILIATE RIGHTS AND OBLIGATIONS
1. An affiliate you are allowed to open and run only one affiliate account; odd accounts will be closed at our sole discretion.
As an Affiliate you are responsible for promoting Sportempire?by implementing the advertising, banners and tracking URL's on your websites, e-mails or other communications.
2. You will agree to register and maintain correct and truthful contact information with Sportempire.
3. You will present only content and topics on your site which are pre-approved in writing by Sportempire. Content that is deemed unsuitable in Sportempire's sole discretion will result in the affiliate agreement being terminated immediately. Content is deemed unsuitable in cases where it is aimed at individuals under the age of 18 years.
4. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal or infringe the IP rights of third parties. Since we do not have control over your own site, we disclaim all liability for these matters. Furthermore, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
5. Affiliation Guidelines.
6. Affiliate Tagging
4. COMMISSIONS AND PAYMENTS
1.?Sportempire?will pay out a commissions, as defined by?Sportempire?Affiliate Programme commission structure, provided that you maintain in your account as an affiliate, at least five (5) different Active Wagering Members in any given calendar month.
2. Active Wagering Members refers to referrals, which have performed a minimum deposit of 10 EUR or equivalent (for e-wallet deposits), 25 EUR or equivalent (for credit card deposits) and 100 EUR (for bank wires).
3. Commissions will be calculated only at the end of the month and according to the total revenues generated during the given month. Commissions are paid once per month only.
4. Commissionable Earnings are calculated as?Sportempire?profit, less charge-back, complimentary money, free money offers and other incentives offered to the customer, derived from at least five (5) active wagering members in a calendar month.
5. Should you fail to be entitled to the Commissionable Earnings in accordance with Clauses 4.1, 4.2, and 4.3 above for failure to maintain at least five (5) Active Wagering Members in a given month, you may be given (at?Sportempire?s sole discretion) a grace period of two (2) months within which to comply. Upon compliance, your commission for the subject period not exceeding three (3) consecutive months will be consolidated to constitute your commissionable earnings for the same period. (at?Sportempire?s sole discretion)
6. Commissionable earnings will be subject to commissions as calculated using the?Sportempire?Affiliate Programme commission structure in force from time to time.
7. Negative earnings are carried forward to the next month. Should the affiliate close the month with a positive balance, payment will be issued if it meets the minimum requirements of 100 EUR (for e-wallets and credit cards) and 500 EUR (for bank wires) and commissions will be paid on the positive balance. If an affiliate has a negative balance, he will have to generate enough commissions on the following month, which equals the absolute negative amount plus the minimum requirement of 100 EUR ( 500 EUR for bank wires), in order to get paid.
8. The Commissionable Earnings of the affiliate calculated based on commission structure will be earned on all transactions that the customer undertakes with the merchant, as long as the affiliate remains a member of this affiliate programme.
5. POLICIES & CONFIDENTIALITY
1.?Sportempire?assumes ownership of the customer at point of first contact with the customer. You, as an affiliate, act as a referring agent for?Sportempire. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
2. By opening an account with a customer, that person or entity will become our Customers and, accordingly, all Client rules, policies, and operating procedures will apply to them.
3. During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of our affiliate programme (including, for example, referral fees earned by you under the programme). You agree not to disclose or use the confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information will survive the termination of this Agreement.
6. LIMITED LICENSE
1. We hereby grant to you a personal, non-exclusive, non-transferable limited license, during the term of this Agreement, to use our trademarks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site.
2. By this Agreement, we grant you the non-exclusive right to direct customers to our sites and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we reserve the right to contact with and obtain the assistance from other parties at any time to perform services of the same or similar nature as yours. You will have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.
3. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the trademarks is limited to and arises only out of this license to use the banners. You will not assert the invalidity, unenforceability, or contest the ownership of the trademarks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the trademarks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
4. We reserve the right to revoke this license at any time and it will be deemed revoked at the termination of this Agreement, for whatsoever reason.
7. LEGAL RESPONSIBILITIES
1. Ownership and content of our sites remain our respective properties and shall not be deemed to have been transferred to the affiliate through any act or omission in respect of the affiliation Agreement.
2. Ownership, content and liability for affiliate sites are the sole responsibility of the affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost.
3. You will indemnify and hold us unaccountables from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
4. It is the affiliates' responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment.
5. Presentation of our banners & content on affiliate's site is the responsibility of the affiliate. The affiliate must ensure that our content is presented in accordance with our outlines.
6. The affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any unlawful rights.
7. We may modify any of the terms and conditions contained in this Agreement, at any time and it is 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 referral fees, fee schedules, payment procedures, and referral programme rules. IF ANY MODIFICATIONS ARE UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
8. We do not condone Spam!
1. Assign-ability and Inurement
4. Severability / Waiver
9. TERM & TERMINATION
1. The term of this agreement will begin when you download linking code and link it to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
2. In the event of termination of this Agreement:
10. RELATIONSHIP OF PARTIES
You and?Sportempire?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 our behalf. You will not make any statement, whether on your site or otherwise, to contradict anything in this paragraph or be reasonably deemed to contradict this paragraph.
You hereby agree to indemnify and hold not liable?Sportempire?, the entities it represents and affiliates, and?Sportempire?directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees), and costs (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on
We make no express or implied warranties or representations with respect to the referral programme or referral fee payment arrangements (including, without limitation, 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, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
13. LIMITATION OF LIABILITY
We are not liable for any indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement or the referral programme, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this agreement and the programme will not exceed the total commissions paid or payable to you under this agreement. Nothing in this agreement is to be construed to provide any rights, remedies or benefits to any person or entity not a party to this agreement. Our obligations under this agreement do not constitute personal obligations of our directors, officers or shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
14. INDEPENDENT INVESTIGATION
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT
15. IN WITNESS WHEREOF
By having read, the terms and conditions, and acknowledging such in the affiliate sign-up form you agree to all the terms and conditions contained herein.?Sportempire?reserves the right to withhold payment from any affiliate that violates any of the terms and conditions contained herein.