TERMS & CONDITIONS.

KINDRED AFFILIATES PROGRAM AGREEMENT

INTRODUCTORY PROVISIONS

  1. This document and the appendices herein (together the “Affiliate Agreement” or “Agreement”) sets out the terms and conditions agreed between:
  • Unibet Services Limited (hereinafter “Company”), a company duly registered under the laws of Malta, registration No. C58843, having its registered office at Level 6, The Centre, Tigne Point, Sliema TPO 0001, Malta and
  • the person/company set out on the relevant application form (hereinafter the “Affiliate”), enabling the Affiliate to join and become a member (if the Affiliate’s application is successful) of the Kindred Affiliates Program (“Program”).
  1. The Affiliate shall ensure and undertake that the information provided to the Company when completing the application form is complete, true and accurate in all respects.
  1. Once the Affiliate is a member of the Program, it will promote the Brand by using Content on its Site in return for a Commission.
  1. The Company may change all or any part of this Agreement at any time and at its sole discretion. Notice will be given by email to the email address in the Affiliates’ account within the Technical Platform and will be deemed to be served immediately when sent by the Company or by a pop-up message once the Affiliate logs into the Technical Platform – whichever occurs sooner. If the Affiliate does not agree to such changes, the Affiliate may terminate this Agreement in accordance with its terms. However, should the Affiliate continue to participate in the Program after the Company has posted the changes, this will constitute binding acceptance of such changes.

 

DEFINITIONS

  • Affiliate” means any natural and/or legal person who, after having entered into this Agreement, makes space on its website or other media platform (“Affiliate Site” or “Site”) for the Content provided by the Company for the purposes of this Agreement.
  • Affiliate Account” means the Technical Platform account set up by the Company based on the information provided by the Affiliate in the application form.
  • “Affiliate Account Manager” means any employee of the Company authorised to manage the business relationship between the Company and the Affiliate.
  • Bonuses” means any so-called “free money”, “free bets”, “free spins”, “money back”, vouchers, rebates, discounts and/or similar that the New Customer can utilise as payment for stakes (bets).
  • “Brand” means any relevant brand operated by Kindred Group Plc (“Group”).
  • Commission” means the compensation due to the Affiliate based on the agreed percentage of Net Revenue (“Revenue Share”), Cost Per Acquisition, or other Reward Plan.
  • Company” means Unibet Services Ltd and any of the subsidiaries of Kindred Group Plc, the publicly listed group holding company, including without limitation Trannel (International) Ltd.

The contractual party in this Agreement is and remains solely Unibet Services Ltd.

  • Company API” means the technical platform accessible at https://developer.kindredplc.com/ and powered by 3Scale, through which the Affiliate may access technical tools including but not limited to the Company’s sportsbook and casino feeds.
  • Confidential Information” means any information of a commercial value, considered essential for both Parties, such as, but not limited to technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Customer lists, prospect and New Customer data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
  • Content” means material provided by the Company for the purposes of this Agreement, including, without limitation, text links (including Sub-Affiliate links), banners and other general advertising material.
  • Database” means any information stored about Affiliates and New Customers, containing any Company proprietary New Customer data for the purposes of this Agreement, including without limitation to Personal Data and contact information, and excluding all other Company databases, as it stands as of the date of this Agreement, and as it stands until the date of termination of this Agreement.  Databases are assets of a financial value belonging to the Company and represent a substantial investment made by the Company.
  • Goodwill” means the benefit of a business having a good reputation under its name and regular patronage.
  • Gross Revenue” means the value of the revenues generated by all customers referred by the Affiliate across all products, after the deductions of costs including but not limited to taxes, betting duties, third party commissions/fees for providing games and game software etc. Revenues generated would be equal to all (settled) bets less wins and in poker would be equal to the rake contributed through each qualified pot in cash ring games and/or the fees charged to customers to compete in poker tournaments. For the avoidance of doubt, any bet that is not accepted for a legitimate reason, at the sole discretion of the Company, shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue.
  • Intellectual Property Rights” or “IPR” means any rights in computer software (including source codes), databases, know-how, design, copyright, trademarks, logos, service marks, domain names, brands, business names and/or all other rights of whatever nature whether registered or unregistered subsisting anywhere in the world, whether now known or created in the future.
  • Net Revenue” means the monthly Gross Revenue after the deduction of costs including but not limited to financial transaction fees, bonuses, loyalty rewards and charge backs.
  • “New Customer”means any person that registers with the Brand after clicking on the Content, excluding any person that already exists in the Company’s Brand customer Database or that has previously closed a customer account and opened a new one through the Affiliate. A customer will be linked to the last Affiliate who referred the customer to the Company based on the affiliate tracking cookie.
  • “New Depositing Customer”means a New Customer who has made a first minimum deposit with the Company which is used for bona fide transactions with the aim to establish and enter into a normal commercial relationship with the Company within the framework of the business. The customer registration and the first deposit do not have to be simultaneous.
  • “Parties” means the Company and the Affiliate (each a “Party”).
  • Payment Agent” means any third party appointed by the Company to carry out on its behalf and make payments to the Affiliates.
  • Personal Data” means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Customers and/or Affiliates.
  • Products” means the betting and gaming products offered by the Company. This includes but is not limited to online sports betting, poker, casino and bingo.
  • Reward Plan” means any financial model agreed between the Parties to compensate the Affiliate for its marketing activities.
  • Sub-Affiliate” means any natural and legal person who, after having entered into collaboration with the Affiliate, makes space on its website or other media platform available to post Content for the acquisition of New Customers.
  • “Technical Platform” means a technical tool selected by the Company to record, register and monitor the Affiliate’s activities, business and the activities between the Company and New Customers.
  • Term” means the period from the date the Affiliate accepts the terms of this Agreement until termination of this Agreement as specified under article 13.
  • Working Day” means every day from Monday to Friday inclusive, excluding public holidays and weekends.
  1. GENERAL SCOPE AND OBJECTIVE

1.1. The Company requires third party advertising space to promote the Brand to increase its business, notably via increasing the number of New Depositing Customers, and will, from time to time in cooperation with third parties, negotiate, sign and carry out its affiliate marketing strategy. In the event the Company uses a third party for the (partial) roll-out of its affiliate marketing strategy, (including contract negotiation, day-to-day management of the Technical Platform, payment processing, marketing or other activities, this irrespective of the legal capacity of the intermediary, whether as agent, subcontractor or other), the Company is and remains exclusively responsible for the execution of the Agreement.

1.2. The Company has set itself, and in some markets it is bound by, the following three objectives when promoting its services and the Brand to customers.

  • 1.2.1 The Company wishes to prevent gambling from being a source of crime and or disorder, being associated with crime or disorder and/or being used to support crime;
  • 1.2.2 The Company wishes to ensure that gambling is conducted in a fair and open way; and
  • 1.2.3 The Company intends to protect children and vulnerable persons from being harmed and/or exploited by gambling.

1.3 The Affiliate acknowledges that it will respect the above objectives and agrees that it will act at all times in a manner that is consistent with these objectives during the Term of this Agreement.

1.4. The Affiliate acknowledges that the Company holds a gambling licence in multiple countries and is subject to such countries’ local laws and regulations that relate to promotion of gambling and specifically promoting gambling and soliciting bets. In some countries where the Company holds a licence and promotes gambling using the Affiliate, the Affiliate acknowledges that it may be jointly responsible with the Company to the local gambling or advertising authority for any promotion or advertising done on behalf of the Company that is not in compliance with the local laws and regulations.

1.5. The Affiliate further acknowledges that promoting or soliciting bets is subject to legal restrictions in some countries and may even be prohibited.  Such restrictions may vary from time to time. The Affiliate shall not enter into this Agreement if it targets any markets where gambling is illegal or where the promotion, marketing or advertising of gambling is illegal. The Affiliate shall be exclusively liable for such actions and shall hold the Company harmless and shall fully indemnify the Company for any liability incurred by the Company If it doesn’t comply with the provision above.

1.6. The Affiliate further confirms that it operates the Site, where the Content will be placed, under its own name and that it is fully and without restrictions authorised to dispose thereof.

1.7. With respect to the European Union Fourth Anti-Money Laundering Directive, laws on the prevention of money laundering and financing of terrorism and in line with Kindred Group’s policy of Supplier Due Diligence, the Affiliate will be required to verify their identity by providing copies of personal and, where applicable, company identification and registration documents.

1.8. Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all and any expenses (including investment and/or running costs) incurred in respect of the obligations it undertakes under this Agreement and will have no right of recourse against the other Party in respect thereof.

  1. INTEGRATION OF THE AFFILIATE IN THE KINDRED AFFILIATES PROGRAM

2.1. Upon the Affiliate’s successful application to join the Program, a unique tracking code (often in the form of a URL) is assigned to the Affiliate so that the Affiliate is integrated in the Technical Platform. This tracking code will identify any New Customers referred by the Affiliate. It is the Affiliate’s responsibility to ensure that any tracking code generated by the Technical Platform is used correctly.

2.2. If a New Customer creates an account with a different brand not promoted by the Content used by the Affiliate, the account will not be linked to the Affiliate.

2.3. Any additional advertising material (of any kind whatsoever) created by the Affiliate and related to the Company shall require the Company’s prior written approval.

2.4. Subject to article 3.6 of this Agreement, a change to the URL of the Affiliate Site shall not constitute a change to the Agreement and shall not affect the rights and obligations of the Affiliate arising from this Agreement.

  1. THE AFFILIATE’S OBLIGATIONS

3.1. During the Term of this Agreement, the Affiliate shall use its reasonable endeavours to display the most up to date Content on the Affiliate Site in a manner and location agreed by the Parties. The Affiliate shall not alter the form or operation of the Content without the Company’s prior written consent.

3.2 At all times the Affiliate agrees to be bound by the Company’s Affiliates Advertising Requirements which can be found in Appendices A – D of this Agreement. For the avoidance of doubt, Appendices A – D form part of this Agreement.

3.3. The Affiliate agrees to give the Company reasonable assistance in respect of the display, access to, transmission and maintenance of the Content.

3.4. The Affiliate shall ensure that it does not place any Content on pages of the Affiliate Site targeting individuals under the legal gambling age where they are domiciled and does not allow, assist or encourage others to market and promote any Content, the Brand and the Company’s services to anyone under the legal gambling age in the countries where they are domiciled.

3.5. In the event the Affiliate wishes to place the Content on websites other than the Affiliate Site (including Sub-Affiliate’s sites) or wishes to use a Sub-Affiliate, the Affiliate must first obtain the Company’s written consent.

3.6. If the Affiliate sells its business, this Agreement is automatically transferred to the purchasing company (“Purchasing Company”). The Affiliate account purchased and transferred will remain on the existing Reward Plan that was in place at the time of the purchase. The Affiliate and/or Purchasing Company must inform the Company within 30 days of the purchase.

3.7. The Affiliate shall not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company’s trademarks or any other Brand belonging to the Company, or variations thereof in the “domain name”, (i.e. after any prefixes but before the top level domain suffix), or include metatags on the Affiliate Site which are identical or similar to any of the Company’s  trademarks. The Affiliate shall not create pages falsely representing any Brand in any social media channels (including, but not limited to, Facebook, Google +, Twitter etc.).

3.8. The Affiliate’s and the Company’s employees, related corporations, partners, agents, contractors, representatives and suppliers (including themselves, their friends, immediate family members, spouses, partners and housemates) are not eligible to participate in the Program.

3.9. The Affiliate shall not:

  1. directly or indirectly offer any person or entity any incentive (including but not limited to money) to access the Site and use the Content on the Affiliate Site (e.g. by implementing any “rewards” program for persons or entities who use such content);
  2. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to the Company by any person or entity;
  3. use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Products and/ or the Company’s websites or any related information or transactions;
  4. engage in transactions of any kind on the Company website on behalf of any third party, or authorise, assist, or encourage other third parties to do so;
  5. take any action that could reasonably cause any confusion as to the Company’s relationship with the Affiliate, or as to the Site on which any transactions are occurring;
  6. promote the Brand in any way other than by using the Content on the Affiliate Site in accordance with this Agreement without the Company’s prior written consent;
  7. post or serve any advertisements or Content on any website not owned by the Affiliate using framing techniques including but not limited to pop-up/pop-under windows, or assist, authorise or encourage any third party to take any such action without the Company’s prior written consent;
  8. attempt to artificially alter monies payable to the Affiliate by the Company in any way, including but not limited to colluding with New Customers referred by the Affiliate, or other Affiliates and/or by the creation of multiple Affiliate Sites or accounts to hedge bets, offset losses or otherwise gain a financial advantage;
  9. attempt to intercept or redirect (including, without limitation to user-installed software) traffic from or on any other website that participates in the Program;
  10. register more than one Affiliate account with the Program. Any exceptions must be confirmed in writing by the Company’s Head of Affiliates;
  11. use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Customers to the Site;
  12. be under eighteen (18) years of age and must be able to provide the Company upon request at any time, a copy of his/her ID, billing address and/or other documents. Refusal to do so may be considered, at the Company’s sole discretion, as fraudulent activity;
  13. fail to keep the Affiliate Site content compliant with any content and phrasing obligations and/or restrictions imposed on the Company by legal and/or regulatory requirements and/or third-party suppliers. In the event that the Affiliate, for any reason, does not have knowledge of such obligations, the Affiliate must update its Site within two (2) Working Days upon receipt of a notification from the Company pursuant to article 14.5 of this Agreement;
  14. apply for a new Affiliate account if it previously had an account closed due to breach of the Agreement;
  15. incentivise or indicate how sports betting arbitrage, “sure betting”, “safe betting”, “matched betting”, bonus abuse, casino systems or similar could be used at the Company and/or other betting options that statistically prevent the spirit of the Affiliate partnership from being profitable for both Parties;
  16. use types of marketing and advertising that are likely to appeal particularly to those aged 17 or younger, including but not limited to cartoons, comic book images and child and youth orientated language;
  17. when marketing and promoting the Brand and the Company’s services, use anyone who is or appears to be under the age of 25;
  18. post or serve any advertisements or content promoting the Company site in markets where it is prohibited to do so, including markets that are under reregulation;
  19. engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves fraud, whether of customers or other commercial entities.

3.10. If the Company determines, at its sole discretion, the Affiliate has engaged in the activities specified above, the Company shall have the right to:

  1. suspend any payments due to the Affiliate while the Company investigates any suspected breach, and/or;
  2. alter the Reward Plan of the Affiliate and/or;
  3. withhold payment of any Commission due to the Affiliate that has derived from the breach, and/or;
  4. retain the Commission until the debt is settled or invoice the cost incurred by such breach and/or;
  5. terminate the Agreement immediately.

If the investigation made by the Company leads to the conclusion that there is no breach, the Company shall pay the Affiliate all suspended or withheld payments.

The decision by the Company to pursue any of its rights or remedies under article 3.10. will be without prejudice to any other rights, remedies, legal actions or compensations available to the Company.

  1. COMPANY API

4.1. If the Affiliate is granted by the Company the possibility to use the Company API to use on its Site to promote any Brand, the Affiliate guarantees not to:

  1. communicate to any third party its username, password, key or any other identifiers enabling access to the Company API platform;
  2. enable any third party to access the Company API in any way;
  3. provide any feed from the Company API platform to any third party.

4.2. The Affiliate understands and acknowledges that the Company API may contain bugs for which the Company cannot be held responsible. For the sake of clarity, the Company shall not be responsible for any bug, virus, technical failure, loss of data, damage caused to the material of the Affiliate nor for any errors occurring on the Company API platform or on the Affiliate’s Site.

  1. THE COMPANY’S OBLIGATIONS AND RIGHTS

5.1. The Company shall provide the Affiliate with the Content for the purposes of this Agreement and may update such Content from time to time.

5.2. The Affiliate shall comply with the Company’s instructions to track New Customers. The Company shall use its reasonable endeavours to ensure that whenever a New Customer is directed to its websites and registers an account, the relevant New Customer is identified as originating from the Site. However, the Company shall not be held liable if it is unable to identify a New Customer as originating from such Site.

5.3 The Company shall be entitled to use any of its rights or fulfil any of its obligations hereunder (including, without limitation to, its payment obligations pursuant to article 6 through any Kindred Group Plc subsidiary company).

5.4 Subject to point 2 of the Introductory Provisions mentioned above, the Company shall be entitled to accept or decline any Affiliate’s application at its sole discretion.

5.5. The Company has the right to monitor the Affiliate Site to ensure that the Affiliate is complying with the terms of this Agreement. The Affiliate shall provide (and at no charge), the Company with all data and information to perform such monitoring.

5.6. The Company (its internal and external, financial and accounting auditors) has the right to audit all relevant records during the Term of the Agreement and for two (2) years afterwards. The Affiliate shall allow the Company and/or its auditors access to such records for the purposes of conducting the audit.

  1. COMMISSION AND PAYMENT TERMS

6.1 The Affiliate shall be entitled to receive on a monthly basis a Commission based on the activities of its referred customers.

6.2. If the Affiliate is paid on a Revenue Share Reward Plan, it shall be entitled to receive Commission for the lifetime of its referred New Customers, until termination of this agreement, in accordance with article 13. Where an Affiliate promotes more than one Brand, the Revenue Share is calculated across all products and brands. If the Affiliate is paid on a different type of Reward Plan, (including but not limited to Cost Per Acquisition, ‘CPA’), the Commission shall be specified in a separate agreement agreed upon by the Parties.

6.3. In order to receive an additional Commission based on a percentage of the Commission earned by its Sub-Affiliate(s), the Affiliate shall refer the Sub-Affiliate to the Program through the Content. The Affiliate cannot claim a Commission from a new affiliate account created by an Affiliate who simultaneously has another Affiliate Account. The Affiliate shall ensure that the Sub-Affiliate complies with the terms of this Agreement by making it aware to them before it enters into any arrangement with the Sub-Affiliate for the purposes this Agreement. The Affiliate is not allowed to register itself as a Sub-Affiliate. Unless agreed otherwise by the Parties, the Affiliate is entitled to receive 5% of its Sub-Affiliates’ Commission.

6.4. At the Company’s sole discretion, the Head of Affiliates may, without prejudice to any other rights or remedies available to the Company, choose to deal with an Affiliate and/or Sub-Affiliate account fraud, i.e. failure to comply with the foregoing rules, by:

  1. merging duplicate accounts, and/or;
    2. applying the original Reward Plan to the New Customers from the secondary Affiliate account, and/or;
    3. severing the link between the master Affiliate & Sub-Affiliate, and/or;
    4. terminating the Agreement for the Affiliate and/or the Sub-Affiliate.

6.5. The Company shall provide the Affiliate with statements accessible through its Affiliate Account at http://www.kindredaffiliates.com (the ‘Technical Platform’) detailing the number of New Customers, New Depositing Customers, Net Revenue and the Affiliate’s Commission, if any, which have accrued to the Affiliate over the course of the calendar month. Such statements shall in principle be updated daily. At the beginning of each calendar month, the Company shall record the Affiliate’s total Commission, if any, during the previous calendar month. If the Affiliate’s Commission does not exceed 100 Euros, the Company shall be entitled to withhold and carry forward the Commission until the total accrued Commission exceeds 100 Euros. Any commission amount shown before the 10th Working Day of the month is subject to change due to possible delays in obtaining and uploading data from our 3rd Party suppliers to the Technical Platform, therefore, only the Commission amount shown after the 10th Working Day of the month shall be deemed final. If an Affiliate disputes this final Commission amount, they shall have a period of 3 (three) months from the month the commission amount in dispute is due to provide evidence of any suspected error. Disputes over Commission amounts older the 6 (six) months will not be entered into.

6.6. The Company reserves the right to reduce the Affiliate’s Commission/change the Reward Plan if:

  1. the Affiliate substantially reduces its efforts to promote the Company, except in markets where affiliate activity is restricted (e.g. Netherlands), and/or
    2. the existing Reward Plan results in a financial loss to the Company, and/or
    3. the Affiliate does not generate a minimum of 6 New Depositing Customers in a period of 3 months, except in markets where affiliate activity is restricted (e.g. Netherlands), and/or
    4. in the event of legal/regulatory changes to a market.

Any such changes will be communicated beforehand by email to the email address in the Affiliates’ account within the Technical Platform.

6.7. In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold CPA payments for customer accounts that are identified as bonus abuse, suspended, closed for fraud, self-exclusion or for any other reasonable reason.

6.8. The Affiliate shall, at any time, have secure access to the Technical Platform unless the Company has a duly motivated reason – including but not limited to network and IT maintenance and/or security threats – to block such access.

6.9. The Affiliate understands and accepts that the real-time data in the Technical Platform are merely approximate. 10 Working Days after the beginning of the following calendar month, a consolidated statement for the previous calendar month containing the aggregated and accurate data related to the Affiliate’s Commission will be available via the Technical Platform.

6.10. The Affiliate understands and accepts that its access to the Technical Platform is subject to the highest obligations of confidentiality. Any misuse of such access, whether intentional or not, shall be considered as a breach under the Agreement.

6.11. All payments to the Affiliate shall be made by a Payment Agent appointed by the Company.  Both Parties agree and acknowledge that the Company may change, from time to time (and at its sole discretion), the payment method and/or Payment Agent. Unibet Services Ltd remains exclusively responsible for the payment of any amounts due.

6.12. All payments due under this Agreement shall be made in Euros. The applicable exchange rates, if any, shall be those from time to time used by the Company for internal Group reconciliation purposes, as currently reported by OANDA (http://www.oanda.com), a registered Futures Commission Merchant (FCM) with the Commodity Futures Trading Commission (CFTC) and a member of the National Futures Association (NFA ID #0325821). For the avoidance of doubt, all payments shall be made inclusive of VAT, if applicable, and the Affiliate is individually responsible for withholding tax, VAT and any other fees which may apply based on its country of registration.

6.13. Payments shall be made by the 15th Working Day following the end of the month in which the Affiliate’s Commission was earned. Commission due to Affiliates not registered for VAT in Malta are processed automatically through the Technical Platform, without the need for the Affiliate to raise an invoice.

6.14. Affiliates registered for VAT in Malta should invoice the Company after the 10th Working Day of the month following the month for which the Commission was earned. The Affiliate should invoice Unibet Services Limited, Level 6, The Centre, Tigne Point, Sliema TPO 0001, Malta and include:

– the purchase order number provided by their Affiliate Account Manager
– the Maltese VAT number of Unibet Services Limited –  MT 2108 1620
– Maltese VAT at the applicable rate

All invoices should be sent via email to invoices_ULL-USL@kindredgroup.com, with the Affiliate’s Affiliate Account Manager included in cc.

6.15. All invoice payments will be made via bank transfer and are processed by WorldPay on behalf of the Company. Payments received from the Company will show ‘WorldPay’, ‘Envoy’ or ‘WorldPay AP’ on bank statements.

6.16. Affiliates registered for VAT outside of Malta shall have access to automatically generated invoices through the Technical Platform.  The Affiliate hereby accepts the validity of such invoices and their use by the Company for administrative and tax compliance purposes.

6.17. When calculating the Commission based on the Net Revenue, if an Affiliate’s customers’ activities result in a negative balance for the Affiliate, due to the customer winnings and/or bonuses etc., the said balance will be carried over to the next month, unless the Reward Plan has been adjusted to a no negative carryover Reward Plan, which must be approved by the Company’s Head of Affiliates. In this instance, any negative Commission balance will be set to zero at the beginning of each month.

6.18. Unless agreed in writing by the Company’s Head of Affiliates, any changes to an Affiliate’s Reward Plan will only be applicable to New Customers and not previously referred customers.

6.19. The Affiliate is responsible for ensuring the accuracy of the payment details in its account and/or as specified on its invoices. Any payment(s) made via the payment details listed in the Affiliate Account will be considered as payment made by the Company. Any cost incurred by the Company resulting from incorrect payment details provided by the Affiliate will be deducted from the Commission due to the Affiliate in the next monthly payment cycle in which there is a payment due to the Affiliate.

6.20. If for any reason the Affiliate has been overpaid, the Company reserves, without prejudice to any other rights, the right to request that the Affiliate refunds the difference, or deduct the corresponding amount of overpayment to the Affiliate from the following month’s Commission, and each month thereafter, until the debt is repaid in full.

6.21. If for any reason the Affiliate has been underpaid, the Company reserves, without prejudice to any other rights, the right to add the corresponding amount of underpayment to the Affiliate’s Commission in the following calendar month.

6.22. If there is a pending payment due to an Affiliate for a period of five years or more as a result of incorrect payment details, missing payment details, invalid or no-longer valid payment details and the Affiliate has not responded to all reasonable contact attempts made by the Company, the payment will be cancelled.

6.23. The Affiliate must comply with the legal and regulatory requirements in its country of domicile; if it does not, it will not be entitled to receive any Commission based on the activities of its customers.

  1. INTELLECTUAL PROPERTY

7.1. Nothing in this Agreement shall constitute any licence, assignment, transfer or any other rights of any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks, registered designs, copyrights, database rights, rights in designs, inventions and Confidential Information, etc. which arise in result of entering into or for the purpose of this Agreement.

7.2. All Intellectual Property Rights created and/or deriving out of this Agreement, including, without limitation, banners, advertising material, the Database and Personal Data, shall be or become the sole property of the Company, and the Affiliate shall have absolutely no rights therein.

7.3. The Company grants the Affiliate a non-exclusive and worldwide right to display the Content on the Affiliate Site as set out in this Agreement and in accordance with the Company’s guidelines as may be provided to the Affiliate from time to time. All Intellectual Property Rights and any Goodwill arising from the Content and in all Products, associated systems and software relating to the services provided by the Company to its customers from time to time shall remain the property of the Company. The Affiliate shall not use the Content in any way that is detrimental to the Company or the reputation or Goodwill of the Company. The Affiliate shall not alter or modify, in any way, the Content without the Company’s prior written consent.

7.4. The Affiliate agrees that its Site shall not resemble in any way the appearance and/or the general impression of the Company’s website(s), nor will the Affiliate create the impression that the Affiliate Site is the Company’s website(s), or any part thereof.

7.5. Upon termination of the Agreement between the Parties, each Party shall return to the other Party all proprietary material or information and, as the case may be, destroy in a manner acceptable to the other Party all remaining copies of the same. Notwithstanding any disposition contrary to this Agreement, the Affiliate acknowledges that – upon such termination – it shall not keep a copy of the Content, the Database, Personal Data or Confidential Information, and may not exploit, directly or indirectly, Company proprietary information, materials or works.

  1. WARRANTIES

8.1. Each Party represents and warrants to the other that it has and will retain, throughout the Term, all rights, title and authority to accept the terms of this Agreement. Each Party grants to the other Party all relevant means to perform the obligations mentioned under this Agreement.

8.2. Each Party to this Agreement represents, warrants and undertakes to the other that it has obtained and will maintain in force all necessary registrations, authorisations, consents and licences necessary to fulfil its obligations and that it fully complies with, and shall continue fully to comply with, the conditions set out under article 3 and all applicable laws and regulations. The Affiliate further represents, warrant and undertakes that it has not been and is not currently subject to any regulatory or legal action in any country in the world.

8.3. The Affiliate represents, warrants and undertakes that the Affiliate Site shall not contain, or link to, any material which is defamatory, pornographic, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third-party rights (including but not limited to IP infringing websites).

8.4. The Company is associated with companies working for the prevention of gambling addiction (i.e.  GamCare, BeGambleAware etc). The Affiliate must provide information on responsible gambling using links directed to such companies’ websites as detailed and required in Appendix A.

8.5. The Affiliate must not deliberately provide facilities for gambling in such a way as to appeal particularly to minors, for example by reflecting or being associated with youth culture.

8.6. The Affiliate acknowledges and accepts:

  1. The Company’s compliance with the EGBA standards and its responsible gaming and betting policy;
  2. Its obligation to comply with said standards and policy (EGBA standards available online: http://www.egba.eu/responsability/egba-standards).
  3. DISCLAIMER

The Company makes no representation that the operation of its website will be uninterrupted or error-free and the Company will not be liable for the consequences of any interruptions or errors.

  1. INDEMNITY

The Affiliate shall indemnify on demand and hold harmless the Company and each of its associates, officers, directors, employees, agents, shareholders and partners from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Company resulting from any breach, non-performance or non-observance by the Affiliate of any of the obligations or warranties specified under this Agreement.

  1. LIMITATION OF LIABILITY

11.1 Nothing in this article 11 shall limit the Company’s liability for death or personal injury resulting from negligence or fraud.

11.2 The Company’s aggregate liability in respect of any loss or damage suffered by the Affiliate and arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of Commission actually paid by the Company to the Affiliate pursuant to this Agreement in the 12 months prior to the event giving rise to such liability.

11.3 The Company shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

11.3.1  any losses arising from any interruption, problem or error in the operation of or `changes made to the Company’s Products and/ or Technical Platform;

11.3.2    any loss arising from or in connection with loss of revenues, profits, contracts or business or failure to realise anticipated savings;

11.3.3    any loss of goodwill or reputation; or

11.3.4    any indirect or consequential losses suffered or incurred by the Affiliate arising out of or in connection with any other matter under this Agreement.

11.4 Except as expressly provided for in this Agreement all conditions, warranties and representations implied by statute, common law or otherwise are excluded to the extent permitted by law.

  1. CLOSURE OF A MARKET

The terms of this Agreement shall no longer be considered applicable in the event the Company is obliged to leave a market due to market condition changes, legal and/or regulatory changes. In such cases, the existing customer accounts opened within that market can be closed.

  1. TERM AND TERMINATION 

13.1. The terms of this Agreement apply from the date the Company notifies the Affiliate that its application has been successful in accordance with the introductory provisions of this Agreement and shall continue thereafter unless and until terminated according to this article 13.

13.2. The Company may terminate this Agreement immediately by written notice if:

  1. the Affiliate commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other;
  2. the Affiliate becomes insolvent or is unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium;
  3. the Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner or in case the Purchasing Company’s (specified under article 3.5 of this Agreement) activities are either in conflict with the Company’s (for example the Affiliate Site is purchased by companies providing the same or similar services) or if its practices falls within article 8.3 of this Agreement;
  4. the legal and/or regulatory situation in the market has changed or is in the process of changing to such an extent that the objectives of the Agreement can no longer be achieved and/or no longer correspond to the market reality;
  5. if the Affiliate does not generate any New Depositing Customers for a period of 6 months, except in markets where affiliate activity is restricted (e.g. Netherlands);
  6. if the Company suspects – and has reasonable proof – that the Affiliate is engaging in illegal activities or has repeatedly breached the provisions this Agreement.

13.3. The Affiliate may terminate this Agreement:

  1. If it does not agree with the changes made to the Agreement and notified to them by the Company.
  2. If it does not agree with the changes made to the Reward Plan as a result of any breach mentioned under articles 3.9 and/or 6.6 of this Agreement.

However, the Affiliate’s continued participation in the Program will constitute binding acceptance to the changes mentioned above.

13.4. Notwithstanding articles 13.1, 13.2 and 13.3, either Party may terminate the Agreement at any time by giving thirty (30) days written notice to the other Party.

13.5. Following termination of this Agreement, the Affiliate will only be entitled to receive the outstanding Commission due as of the effective termination date of this Agreement. However, the Company may reasonably withhold the Affiliate’s final payment to ensure that the correct amount is paid. After such payment, the Affiliate will no longer be entitled to receive any other Commission.

13.6. For any and all termination notices, delivery via e-mail is considered a written and immediate form of notification.

  1. GENERAL PROVISIONS

14.1. Unless otherwise provided for, this Agreement shall constitute the entire agreement and understanding superseding any previous agreement – between the Parties.  Each Party acknowledges and agrees that by entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.

14.2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by the law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

14.3. The Affiliate shall not, without the Company’s prior written consent, assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-licences or deals related to this Agreement or any other rights under it, or sub-contract any or all of its obligations under it or purport to do any of the same. Any purported assignment in breach of this article shall confer no rights on the purported assignee.

14.4. If any of the provisions of this Agreement shall be found by any authority to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

14.5. Any notice given or made to the Company under the terms of this Agreement shall be sent via email to affiliates@kindredgroup.com and marked for the attention of the Affiliate Account Manager (or as otherwise notified by the Company). The Company shall send the Affiliate any notices given or made under the terms of this Agreement to the email address in the Affiliates’ account within the Technical Platform. Any notice shall be deemed to have been received within 24 hours of delivery. If the receipt occurs before 9.00 a.m. CET on a Working Day, such notice shall be deemed to have been received on that specific day. If such receipt occurs after 5.00 p.m. CET on a Working Day, or on any day which is not a Working Day, the notice shall be deemed to have been received at 9.00 a.m. on the following Working Day.

14.6. Where an Affiliate requests to opt-out of Marketing communications from the Company, there may be a delay of up to 48 hours for this request to be processed due to data transfer times.

14.7. Each Party undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other Party or of any member of the group of companies to which the other Party belongs which may have or may in future come to its knowledge. Each of the Parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.

14.8. Nothing in this Agreement is intended to or shall operate to create a partnership between the Parties, or to authorise either Party to act as an agent for the other. Neither Party shall have the authority to act in the name or on behalf of the other Party or otherwise to bind the other Party in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

14.9. Neither Party shall make any announcement relating to the terms of this Agreement nor its subject matter without the other Party’s prior written approval, except as required by law or by any legal or regulatory authority.

14.10. The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the laws of Malta. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the Maltese courts over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.

This Agreement was last updated on 16 July 2019.
Source URL: http://www.kindredaffiliates.com/terms-conditions

APPENDIX A – GENERAL ADVERTISING REQUIREMENTS

As a licenced operator in multiple jurisdictions, the Company together with its parent company Kindred Group plc prides itself in being a leader in the areas of responsible gaming and corporate social responsibility. Kindred Group plc is a leading member of trade associations such as Remote Gambling Association (RGA) and the European Gaming and Betting Association (EGBA).

As a member of the Kindred Affiliates Program (“Program”), advertising on behalf of the Company and representing its brands (“Brands”), the Company expects Affiliates to share these values and any advertising carried out on behalf of the Company must follow the regulations and rules issued by the relevant authorities.

For the avoidance of doubt, it is up to each Affiliate to ensure that it is compliant with all advertising requirements and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of the Affiliate account with the Program.

Appendices A-D outline how the Company’s Affiliates can promote its Brands effectively and lawfully.

Any enquiries regarding the Affiliate’s obligations under the Agreement, or under the relevant legal and/or regulatory requirements in the jurisdiction where the Affiliate is located should be referred to the Affiliate Account Manager or emailed to: affiliates@kindredgroup.com.

  1. Content

Affiliates can only use Content provided by the Company and located in the Media Gallery via its Program. The Affiliate must not alter the appearance and design of the Content in any way.

Using Content to promote Brands that has not been provided by the Company may lead to the suspension and/or termination of the Affiliate account.

  1. Customer Offers

When promoting Customer Offers, particularly welcome offers, enhanced price offers and free spins, Affiliates must be as clear as possible and must not mislead existing or future customers in any way. Affiliates must always make it clear that a promotion is a promotion.

The Company’s up-to-date list of welcome offers per Brand/market/country can be found at https://www.kindredaffiliates.com/welcome-offers/. Where possible, Affiliates must repeat the same phrase to describe the welcome offer to their users.

Affiliates must refrain from using phrases such as ‘Get free money’, ‘Risk-free’ or similar which may mislead the customer. A good rule of thumb is to use the copy that is on the banners or landing pages provided via the Company’s Affiliate platform accessible at: www.kindredaffiliates.com.

Affiliates acknowledge that the terms in the Content or any other promotion must not mislead the customer by omission, exaggeration or by any other means. The Content or any other promotion by the Affiliates must include the following mandatory terms:

1) Targeted players

Example: New players only / Existing players only / Selected players only

2)  Age restriction

The age restriction warning sign (+18) must always be displayed on all adverts, banners and campaigns

3) Deposit information

Example: No deposit required / Min deposit £xx etc

4) Information about offer

Example: Bonus is 100% match on 1st deposit up to £xx etc

5) Wagering requirements and bonus expiry

Example: 35x Wagering requirement / 3-day expiry etc

6) Information about bet limitations

Example: Min bet £xx / Max bet £xx when playing with a bonus etc

7) Game restrictions

Example: Free spins on Starburst / selected games only etc

8) Links to industry bodies that provide support in relation to Responsible Gambling, i.e. www.begambleaware.org, must be clearly visible on an Affiliate’s site

9) Information about additional terms

10) Terms and Conditions (T&Cs) of promotional offers

If space is limited, significant terms of the promotion (points 1 to 8 above) must always be displayed in the offer and the term “T&Cs apply” must be displayed in the offer as a link to additional terms and T&Cs of the promotion one click away. The link should refer to either the Affiliate’s page where the T&Cs are displayed or the Company’s Brand site where the full set of T&Cs of the promotional offer must be visible.

The Content provided by the Company via the Media Gallery will always be compliant with the above requirements.

  1. Tipsters

Any Affiliate Site or social media page which publishes betting tips or hosts challenges/competitions encouraging others to do so:

  • must make it clear that any subsequent betting activity is done at the customer’s own risk;
  • must never imply that success is guaranteed;
  • must provide tips in a responsible, fair and transparent manner;
  • must not encourage individuals to re-invest winnings and;
  • must not provide inaccurate or misleading information about betting tips and the success of them.

Affiliates must never falsify betting results or manipulate images to suggest that results were more favourable than they were. Any Affiliate that is found to have misrepresented betting results will have its Affiliate account terminated immediately.

  1. Email Marketing

Affiliates are not permitted to engage in any email marketing activities on behalf of the Company towards individuals based in the United Kingdom or Sweden. Individuals based in other countries can only be emailed with explicit written consent of their Affiliate Account Manager. Consent will only be given where the Affiliate can provide evidence of how the email database has been sourced, with a clearly defined double opt-in process to receive gambling related email communications. In addition:

  • The Affiliate must provide a preview of the actual email you are planning to send and gain permission from their Affiliate Account Manager before it is sent.
  • Emails should never appear as if they have been sent by any of the Company’s Brands and Brand names must not appear in the ‘From’ field.
  • It must be clear in the email that any potential complaint made as a result of this communication should be addressed directly to the Affiliate, and not to any of the Company’s Brands. The Company will not reply to such complaints.
  • An unsubscribe link must be included in every email. The Company shall ask the Affiliate to provideexamples of the unsubscribe process.

Any Affiliate found to be carrying out any email marketing activities without consent, or in breach of the restrictions above, will have its Affiliate account terminated.

  1. Social Media

Any links posted by Affiliates on Facebook, Twitter and any other relevant social media channels can only link to the Affiliate’s own website in the first instance, which in turn should contain compliant promotional text and then link to the relevant Brand.

Affiliates must not post any Affiliate links directly on their social media page(s). Any Affiliates found to have done so will have its Affiliates account suspended and/or terminated.

The aforementioned guidelines on Content and Customer Offers are also applicable to social media posts.

In addition, Facebook, Twitter and other social media have their own guidelines and policies regarding the advertising of gambling products and the Affiliates must comply with such guidelines and policies For example, if promoting gambling through a Twitter, Facebook or any other social media handle, an 18+ statement (or 21+ in some jurisdictions) must be included in the Affiliate’s page bio and any relevant agreements/addendums between the Affiliate and the social media companies must be concluded and signed.

Some useful links to Facebook’s and Twitter’s advertising policies are included at section 15 of Appendix A.

  1. Paid Social Advertising

Any paid social advertising conducted by an Affiliate should promote the Affiliate’s own site(s) and not the Brand site(s). It should not be possible for a customer to confuse an Affiliate’s advertising for that directly carried out by any of the Brands. If in any doubt, Affiliates should contact the Affiliate Account Manager before publishing any campaigns.

In addition, depending on the jurisdiction being targeted, the Affiliate may be required to sign an addendum to promote the Company’s Brands in this way. For more information, Affiliates should contact the relevant social network via the links provided at section 15 of Appendix A.

  1. Advertorials

The Company does not wish for its Brands to feature in any advertorials.

Any Affiliate found to be running this sort of activity will have its Affiliate account terminated.

  1. Media Buying

Affiliates are not permitted to engage in any media buying promoting the Company’s Brands through advertising exchanges, programmatic networks, etc without prior written consent from their Affiliate Account Manager. We will require 100% visibility on this activity so that we can ensure our Brands are being promoted in a compliant manner, in line with specific Country regulations and restrictions.

  1. Pop-Under Campaigns

Affiliates must not use framing techniques such as pop-up or pop-under windows to promote the Brands.

Any Affiliate found to be running this sort of activity will have its Affiliate account suspended and/or terminated.

  • Pay-Per-Click Campaigns

Affiliates wishing to run Pay-Per-Click (PPC) campaigns:

  • must link to the Affiliate Site and not the Brand site;
  • must not bid on the Brand names or trademarks, or misspellings thereof;
  • must not use the Brand names in display URLs or ad copy;
  • must add the Brand keywords to the phrase match negative keywords list on their accounts.

Any Affiliate found to be in violation of the above may have its Affiliate account suspended and/or terminated.

  • Domain Names/URLs

Affiliates must not register or purchase any domain names which are identical or similar to, or misspellings of, the Brand names or trademarks.

Any Affiliate who uses domain names in breach of this rule to send traffic to our Brands will have its Affiliate account terminated and further legal action may be taken against the Affiliate.

  • Mobile Apps

Any Affiliate wishing to release mobile apps into the Apple, Google Play or other App stores must ensure that the App name does not include any Brand names or trademarks, or misspellings of Brand names. Any Affiliate found to have done so will be asked to remove the App immediately and may have its Affiliate account suspended and/or terminated.

  • SMS

The Company has decided not to engage in any SMS activity through a third party for the foreseeable future. Any Affiliate found to be running SMS activity will have its Affiliate account terminated immediately.

  • Live Streaming

The Company holds a Watch & Bet live streaming licence. Affiliates are not permitted to advertise the service as a pure streaming service without a connected message relating to betting. For example, ‘Watch and Bet with Unibet (funded account required)’

Furthermore, Affiliates are not allowed to mention the word ‘Free’ in any of their advertisements relating to live streaming. In addition, La Liga and Australian Open Tennis must not be advertised without reference to another league or sport, i.e. ‘Watch and bet on La Liga, Serie A and Ligue 1 here (funded account required).’

Finally, Affiliates are not allowed to suggest Unibet’s live streaming service is a substitute to coverage available on ‘TV’, a ‘Digital Game Pass’ or anything relating to live streaming alternatives.
eg “Don’t have BT subscription?  Watch the Live stream on Unibet TV instead” – would be unacceptable.

In summary, Affiliates:

  • Must ALWAYS include the word bet (local language accepted) in every sentence when referring to watching or live streaming; and
  • Must NEVER include the words free, or anything relating to live streaming alternatives (Game Pass, broadcaster, and the like).

Any Affiliate found to be in violation of the above may have its Affiliate account suspended and/or terminated.

  • Useful Links for Affiliates

1) Affiliates should be aware of and comply with EGBA standards which can be found here: http://www.egba.eu/responsability/egba-standards/

2) Social media policies links are referred to below:

Facebook general advertising policies:

https://www.facebook.com/policies/ads

Facebook policy on Real money gambling:

https://www.facebook.com/policies/ads/restricted_content/gambling

Twitter general advertising policies:

https://support.twitter.com/articles/20169693

Twitter policy on advertising Gambling content: https://support.twitter.com/articles/20170426

These links are provided solely for informative purposes and should not be seen to be exhaustive. For the avoidance of doubt, it is up to the Affiliate to ensure that they are compliant with all advertising guidelines and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of Affiliate account with the Program.

APPENDIX B – ADVERTISING REUIREMENTS AND PROCEDURES FOR AFFILIATE COMPLIANCE IN THE UK

  1. Statutory and Self-Regulatory Requirements

There are various statutory and self-regulatory requirements that the Company and Affiliates must comply with when promoting and advertising gambling services in the UK.  In particular, Affiliates must comply with the following requirements:

  • Licence Condition 16 of the Licence Conditions and Code of Practice (“LCCP”) on Responsible Placement of Digital Advertising;
  • Social Responsibility Provision 5.1.6 (Compliance with Ad Codes) and Social Responsibility Provision 5.1.7 (Marketing of Offers) of the LCCP;
  • Advertising code of practice issued by the Committee of Advertising Practice (“CAP”) and the Broadcast Committee of Advertising Practice (“BCAP”); and
  • IGRG Code for Socially Responsible Advertising.

(collectively “UK Codes”)

Links to the UK Codes are included at section 4 of Appendix B.

  1. Joint Responsibility

Affiliates are held jointly responsible with the Company by the UK advertising authority (Advertising Standards Authority) in respect of any advertising or Content that Affiliates publish on behalf of the Company in the UK or intended for the UK.

  1. Specific Requirements for Content published in the UK

Affiliates must pay special attention to the provisions of the UK Codes that prohibit marketing that is likely to appeal to those aged below 18 and should not use any medium for gambling advertising where the marketing would be directed at those aged below 18. Affiliates must read the CAP Advice Online article entitled Children & age-restricted ads online. A link to this article is included at section 17 of Appendix A.

Affiliates must be aware of Section 2 of the CAP Code (a link is included at section 17 of Appendix A) that sets out the basic requirements for any marketing communication to UK consumers.

All promotions on Affiliate Sites are required to display significant terms and conditions in the body of the promotion and link to a compliant landing page. The following terms and conditions, where applicable, are considered to be significant:

  • New customers only
  • Crediting period (on placement or settlement)
  • Wagering requirements
  • Minimum odds
  • Minimum deposit
  • Maximum withdrawal amount
  • Bonus expiry period
  • Payment method restrictions
  • Game restrictions

This requirement on the display of significant terms applies across any and all communication channels through which bonuses are promoted.

The below is an example of significant terms and how they should be displayed anywhere a bonus is promoted:

“New customers only. 18+, BeGambleAware.org. Minimum deposit £10. Place any sportsbook bet (except Racing) of £20+ at minimum odds of 1.40 (2/5) to receive your free bets and casino bonus. 35x wagering on casino bonus. Free bet will expire 7 days after opt in. £20 Casino bonus will expire after 30 days of opt-in.”

The term ‘Risk Free’, ‘No Risk’, ‘Urgent’, Now’, ‘Hurry’, ‘Can’t lose’, ‘Get Rich’, ‘Win Big’ or variations of must not be used under any circumstances in relation to the Company’s offers.

The term ‘Money Back’ or variations of must not be used under any circumstances in relation to the Company’s offers. Bonuses are credited as either Bonus Money or Free Bets.

  1. Useful Links for Affiliates

For more information on UK Gambling Commission advertising and marketing rules and ASA/CAP UK advertising guidelines, Affiliates are referred to the following links:

http://www.gamblingcommission.gov.uk/for-gambling-businesses/Compliance/General-compliance/Social-responsibility/Advertising-marketing-rules-and-regulations.aspx

https://www.asa.org.uk/advice-online/affiliate-marketing.html

https://www.asa.org.uk/type/non_broadcast/code_section/16.html

Industry Group for Responsible Gambling Advertising code:

http://igrg.org.uk/wp/wp-content/uploads/2017/10/igrgpr.pdf

Children and age-restricted ads online

https://www.asa.org.uk/asset/F0AB1553-1212-4106-8C6E6C0047FEBEBA/

Section 2 of the CAP Code

https://www.asa.org.uk/asset/1DB5B325-1581-4DD0-9A1E2CE1A4D1704B/

These links are provided solely for informative purposes and should not be seen to be exhaustive. For the avoidance of doubt, it is up to the Affiliate to ensure that they are compliant with all advertising guidelines and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of Affiliate account with the Program.

APPENDIX C – ADVERTISING REUIREMENTS AND PROCEDURES FOR AFFILIATE COMPLIANCE IN SWEDEN

 Set out below are specific requirements that apply to all Affiliate Marketing in Sweden. It is essential that Affiliates are familiar and fully compliant with the requirements below.  Any breaches of these requirements shall be a material breach and shall give the Company the right to terminate the Agreement with immediate effect. 

  1. Bonuses and financial incentives 

It is not permitted to offer players bonuses or financial incentives directly linked to gambling other than on the first occasion when a player plays with the licenced operator in Sweden.  The Swedish Regulator has confirmed that licence holders are responsible for any marketing carried out by third parties for its behalf.  Affiliates are not permitted, therefore, pursuant to this Agreement to offer on behalf of the Company directly or otherwise any bonuses or financial incentives (including but not limited to money, gifts, trips, free spins, free games/bets etc) or to run competitions, tournaments or other programmes, which purpose is to ‘reward’ or incentives players to register accounts or playing on the Company’s brand(s).  

  1. Moderate marketing

  • Marketing must be moderate. Please read BOS and SPERS’s Marketing Guidelines:

http://www.bos.nu/wp-content/uploads/2019/03/BOS-and-SPER-Marketing-Guidelines-2.1.pdf

  • Konsumentverket has indicated that it will not regard the following to be moderate:

o Exaggerating the chances of winning when that is not the case;

o Encouraging excessive gambling;

o Suggesting that playing is free or risk-free;

o Suggesting that the playing or gambling can resolve financial problems;

o Take-over adverts will be regarded as intrusive and not moderate.

  1. Direct mail / email marketing

Direct mail and/or email marketing by Affiliates is not permitted in Sweden.

  1. Information obligation

  • All marketing and commercial communication concerning gambling MUST include clear information regarding the minimum age to gamble.
  • All marketing and commercial communication MUST contain contact information for Stödlinjen – www.stodlinjen.se – and should also contain the wording “Spela Ansvarsfullt”.
  1. Unfair marketing

  • Marketing which does not contain the required information (as set out in point 3 above) will be unfair to consumers and in violation of the Marketing Act (2008:486).
  • If the required information (as set out in point 3 above) is not provided, the Marketing Act shall apply, and the information shall be regarded as material in accordance with the third paragraph of § 10 of the Marketing Act.
  1. Bank-ID and Swish

Use of Bank ID is not permitted in any advertising format. The BankID brand consists of the BankID logo and the word mark “BankID”. It is however allowed to rephrase or describe the BankID function.

Please read and comply with the following guidelines:

https://www.bankid.com/assets/bankid/logo/BankID-varumarkesguide-v10-SE-2019-06-11.pdf

The wordmark Swish may be used, provided that it is done in a loyal manner and in accordance with Swish guidelines, together with neutral information that the operator accepts Swish as a payment method. This means that it is not allowed to add descriptive adjectives together with the wordmark Swish or the verb “swisha” eg. “It’s faster with Swish”, “It’s easier with Swish”. It is not allowed to use the word “Swisha”.

Please read and comply with the following guidelines:

https://www.getswish.se/content/uploads/2019/02/Guidelines_gambling.pdf

APPENDIX D – ADVERTISING REUIREMENTS AND PROCEDURES FOR AFFILIATE COMPLIANCE IN ITALY

Art. 9 of the Decree-Law 12 July 2018, No. 87, “Disposizioni urgenti per la dignità dei lavoratori e delle imprese”, converted with modifications by law 9 August 2018, n. 96″ (below, the Decree) carries the ban of advertising, sponsorships and all other forms of promotional content communications related to gambling, games or bets with cash winnings.

In the resolution No. 132/19/CONS the Autorità per le Garanzie nelle Comunicazioni AgCom has established guidelines on the implementation modalities of the Decree.

Please read AgCom Guidelines:

  1. Delibera n. 132/19/CONS

Linee guida sulle modalità attuative dell’art. 9 del decreto-legge 12 luglio 2018, n. 87, recante “Disposizioni urgenti per la dignità dei lavoratori e delle imprese”, convertito con modificazioni dalla legge 9 agosto 2018, n. 96

https://www.agcom.it/documents/10179/14467561/Delibera+132-19-CONS/6d89a101-a27e-43cd-bc5c-77a3af606bda?version=1.0

  1. Allegato A

Linee guida sulle modalità attuative dell’art. 9 del decreto-legge 12 luglio 2018, n. 87

https://www.agcom.it/documents/10179/14467561/Allegato+26-4-2019/7e8dd234-9b83-4e2a-bc5a-f912bc6cdfa2?version=1.0

Set out below are specific requirements that apply to all Affiliate Marketing in Italy to operate and compatibly with the new provisions imposed by the legislation.

It is essential that Affiliates are familiar with the below and 100% compliant. Any breaches will be grounds for account closure.

  1. Content

Affiliates can only use (informative) content provided by the Company:

  • Odds
  • Links to Commercial Offer
  • Unibet Logo

Affiliates cannot use any other type of content (e.g. advertorial including but not limited to banners, images and screenshots of Unibet website)

Content must only be used in the ways designated by the company (point 2 below)

The Affiliate must not alter the Content in any way.

Using content that has not been provided by the Company leads to the suspension and/or termination of the Affiliate account.

  1. Use of the (informative) Content

Affiliates can only use (Informative) content provided by the Company in comparison with other brands. The comparison must respect the principles of continence, non-deceptiveness and transparency.

Odds:

  • Odds Comparison should be conducted between two or more officially licensed operators in Italy.
  • In comparing odds that are not updated in real time using our API, Affiliate must specify that “Odds correct as of DD/MM/YY hh:mm. Odds are subject to change.”
  • In comparing odds Affiliate can use the Logo.

Commercial Offer:

  • Commercial Offer (e.g. Welcome Bonus) Comparison should be conducted between two or more officially licensed operators in Italy.
  • In comparing commercial offer Affiliate must provide the full description of the offer. For example, if our welcome offer is €30 Risk Free Bet, Affiliate can’t say €30 Bonus but must provide the information in full “€30 Risk Free Bet”.
  • In comparing odds Affiliate can use the Logo.

Logo, display URL and domain name:

  • Affiliate can’t use the Unibet Logo, display URL and domain name for promotional purposes and/or in any advertorial.
  • Affiliate can use Unibet logo, display URL and domain name only for informative purposes and with the Affiliate Account Manager’s prior consent which will be given upon evidence on how the Unibet logo, display URL and/or domain will be used.

Inducements to bet/gamble or an invitation to bet/gamble or a message with a sense of urgency and the use of imperative language are strictly prohibited.

The term “Sign Up”, “Bet Now”, “Open an Account”, “Claim your Bonus”, ‘Risk Free’, ‘No Risk’, ‘Urgent’, Now’, ‘Hurry’, ‘Can’t lose’, ‘Get Rich’, ‘Win Big’ or variations of must not be used under any circumstances in relation to the Company’s offers. 

  1. Other Uses

Please refer to points from 4 to 14 APPENDIX A – GENERAL ADVERTISING REQUIREMENTS.

APPENDIX E – DATA PROTECTION

  1. For the purpose of the services to be delivered under this Agreement, it is understood that the Company and the affiliate are a Data Controller of Personal Data in their own right.
  2. The Affiliate shall at all times comply with its obligations under the EU Regulation 2016/679 and laws implementing or supplementing it, the Privacy and Electronic Communication Regulations 2003, any amendment, consolidation or re-enactment thereof (“Data Protection Requirements”) and indemnify the Company for any breach of the Data Protection Requirements which renders the Company liable for any costs, fines, claims or expenses howsoever arising.
  3. Failure to comply with the Data Protection Requirements will be cause for the termination of this Agreement with immediate effect.
  4. Contact details for data protection related queries: Officer@kindredgroup.com.

—- ENDS —-

KINDRED AFFILIATES PROGRAM (AUSTRALIA) AGREEMENT

INTRODUCTORY PROVISIONS

  1. This document and the appendices herein (together the “Affiliate Agreement” or “Agreement”) sets out the terms and conditions agreed between:
  • Betchoice Corporation Pty Limited (hereinafter “Company”), a company duly registered in Australia under the Corporations Act 2001, registration C.N. 71 121 382 607, having its registered office at Fannie Bay Race Course, Dick Ward Drive, FANNIE BAY NT 0820, Australia and
  • the person/company set out on the relevant application form (hereinafter the “Affiliate”), enabling the Affiliate to join and become a member (if the Affiliate’s application is successful) of the Kindred Affiliates Program (“Program”).
  1. The Affiliate shall ensure and undertake that the information provided to the Company when completing the application form is complete, true and accurate in all respects.
  1. Once the Affiliate is a member of the Program, it will promote the Brand by using Content on its Site in return for a Commission.
  1. The Company may change all or any part of this Agreement at any time and at its sole discretion. Notice will be given by message to the Affiliate’s email address and will be deemed to be served immediately when sent by the Company or by a pop-up message once the Affiliate logs into the Technical Platform – whichever occurs sooner. If the Affiliate does not agree to such changes, the Affiliate may terminate this Agreement in accordance with its terms. However, should the Affiliate continue to participate in the Program after the Company has posted the changes, this will constitute binding acceptance of such changes.

 

DEFINITIONS

  • Affiliate” means any natural and/or legal person who, after having entered into this Agreement, makes space on its website or other media platform (“Affiliate Site” or “Site”) for the Content provided by the Company for the purposes of this Agreement.
  • Affiliate Account” means the Technical Platform account set up by the Company based on the information provided by the Affiliate in the application form.
  • “Affiliate Manager” means any employee of the Company authorised to manage the relationship between the Company and the Affiliate.
  • Bonuses” means any so-called “free money”, “free bets”, “free spins”, “money back”, vouchers, rebates, discounts and/or similar that the New Customer can utilise as payment for stakes (bets).
  • “Brand” means any relevant brand operated by Kindred Group Plc (“Group”), under which products refer exclusively to online sports betting products.
  • Commission” means the compensation due to the Affiliate based on the agreed percentage of Net Revenue (“Revenue Share”), Cost Per Acquisition, or other Reward Plan.
  • Company” means Betchoice Corporation Pty Limited and any of the subsidiaries of Kindred Group Plc, the publicly listed group holding company, including without limitation Trannel (International) Ltd. The contractual party in this Agreement is and remains solely Betchoice Corporation Pty Limited.
  • Company API” means the technical platform accessible at https://developer.unibet.com/ and powered by 3Scale, through which the Affiliate may access technical tools including but not limited to the Company’s sports betting feeds.
  • Confidential Information” means any information of a commercial value, considered essential for both Parties, such as, but not limited to technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Customer lists, prospect and New Customer data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
  • Content” means material provided by the Company for the purposes of this Agreement, including, without limitation, text links (including sub-affiliate links), banners and other general advertising material.
  • Database” means any information stored about Affiliates and New Customers, containing any Company proprietary New Customer data for the purposes of this Agreement, including without limitation to Personal Data and contact information, and excluding all other Company databases, as it stands as of the date of this Agreement, and as it stands until the date of termination of this Agreement.  Databases are assets of a financial value belonging to the Company and represent a substantial investment made by the Company.
  • Goodwill” means the benefit of a business having a good reputation under its name and regular patronage.
  • Gross Revenue” means the value of the revenues generated by all customers referred by the Affiliate across all products, after the deductions of costs including but not limited to taxes, betting duties, third party commissions/fees for providing games and game software etc. Revenues generated would be equal to all (settled) bets less wins. For the avoidance of doubt, any bet that is not accepted for a legitimate reason, at the sole discretion of the Company, shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue.
  • Intellectual Property Rights” or “IPR” means any rights in computer software (including source codes), databases, know-how, design, copyright, trademarks, logos, service marks, domain names, brands, business names and/or all other rights of whatever nature whether registered or unregistered subsisting anywhere in the world, whether now known or created in the future.
  • Net Revenue” means the monthly Gross Revenue after the deduction of costs including but not limited to financial transaction fees, bonuses, loyalty rewards, outstanding deferred settlements and charge backs.
  • “New Customer”means any person that registers with the Brand after clicking on the Content, excluding any person that already exists in the Company’s Brand customer Database or that has previously closed a customer account and opened a new one through the Affiliate. A customer will be linked to the last Affiliate who referred the customer to the Company based on the affiliate tracking cookie.
  • “New Depositing Customer”means a New Customer who has made a first minimum deposit with the Company which is used for bona fide transactions with the aim to establish and enter into a normal commercial relationship with the Company within the framework of the business. The customer registration and the first deposit do not have to be simultaneous.
  • “Parties” means the Company and the Affiliate (each a “Party”).
  • Payment Agent” means any third party appointed by the Company to carry out on its behalf and make payments to the Affiliates.
  • Personal Data” means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Customers and/or Affiliates.
  • Products” means the online sports betting products offered by the Company.
  • Reward Plan” means any financial model agreed between the Parties to compensate the Affiliate for its marketing activities.
  • Sub-Affiliate” means any natural and legal person who, after having entered into collaboration with the Affiliate, makes space on its website or other media platform available to post Content for the acquisition of New Customers.
  • “Technical Platform” means a technical tool selected by the Company to record, register and monitor the Affiliate’s activities, business and the activities between the Company and New Customers.
  • Term” means the period from the date the Affiliate accepts the terms of this Agreement until termination of this Agreement as specified under article 13.
  • Working Day” means every day from Monday to Friday inclusive, excluding public holidays and weekends.
  1. GENERAL SCOPE AND OBJECTIVE

1.1. The Company requires third party advertising space to promote the Brand to increase its business, notably via increasing the number of New Depositing Customers, and will, from time to time in cooperation with third parties, negotiate, sign and carry out its affiliate marketing strategy. In the event the Company uses a third party for the (partial) roll-out of its affiliate marketing strategy, (including contract negotiation, day-to-day management of the Technical Platform, payment processing, marketing or other activities, this irrespective of the legal capacity of the intermediary, whether as agent, subcontractor or other), the Company is and remains exclusively responsible for the execution of the Agreement.

1.2. The Company has set itself, and in some markets it is bound by, the following three objectives when promoting its services and the Brand to customers.

  • 1.2.1 The Company wishes to prevent gambling from being a source of crime and or disorder, being associated with crime or disorder and/or being used to support crime;
  • 1.2.2 The Company wishes to ensure that gambling is conducted in a fair and open way; and
  • 1.2.3 The Company intends to protect children and vulnerable persons from being harmed and/or exploited by gambling.

1.3 The Affiliate acknowledges that it will respect the above objectives and agrees that it will act at all times in a manner that is consistent with these objectives during the Term of this Agreement.

1.4. The Affiliate acknowledges that the Company holds a gambling licence in multiples countries and is subject to such countries’ local laws and regulations that relate to promotion of gambling and specifically promoting gambling and soliciting bets. In some countries where the Company holds a licence and promotes gambling using the Affiliate, the Affiliate acknowledges that it may be jointly responsible with the Company to the local gambling or advertising authority for any promotion or advertising done on behalf of the Company that is not in compliance with the local laws and regulations.

1.5. The Affiliate further acknowledges that promoting or soliciting bets is subject to legal restrictions in some countries and may even be prohibited.  Such restrictions may vary from time to time. The Affiliate shall not enter into this Agreement if it targets any markets where gambling is illegal or where the promotion, marketing or advertising of gambling is illegal. The Affiliate shall be exclusively liable for such actions and shall hold the Company harmless and shall fully indemnify the Company for any liability incurred by the Company If it doesn’t comply with the provision above.

1.6. The Affiliate further confirms that it operates the Site, where the Content will be placed, under its own name and that it is fully and without restrictions authorised to dispose thereof.

1.7. With respect to laws on the prevention of money laundering and financing of terrorism and in line with Kindred Group’s policy of Supplier Due Diligence, the Affiliate will be required to verify their identity by providing copies of personal and, where applicable, company identification and registration documents.

1.8. Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all and any expenses (including investment and/or running costs) incurred in respect of the obligations it undertakes under this Agreement and will have no right of recourse against the other Party in respect thereof.

  1. INTEGRATION OF THE AFFILIATE IN THE KINDRED AFFILIATES PROGRAM

2.1. Upon the Affiliate’s successful application to join the Program, a unique tracking code (often in the form of a URL) is assigned to the Affiliate so that the Affiliate is integrated in the Technical Platform. This tracking code will identify any New Customers referred by the Affiliate. It is the Affiliate’s responsibility to ensure that any tracking code generated by the Technical Platform is used correctly.

2.2. If a New Customer creates an account with a different brand not promoted by the Content used by the Affiliate, the account will not be linked to the Affiliate.

2.3. Any additional advertising material (of any kind whatsoever) created by the Affiliate and related to the Company shall require the Company’s prior written approval.

2.4. Subject to article 3.6 of this Agreement, a change to the URL of the Affiliate Site shall not constitute a change to the Agreement and shall not affect the rights and obligations of the Affiliate arising from this Agreement.

  1. THE AFFILIATE’S OBLIGATIONS

3.1. During the Term of this Agreement, the Affiliate shall use its reasonable endeavours to display the most up to date Content on the Affiliate Site in a manner and location agreed by the Parties. The Affiliate shall not alter the form or operation of the Content without the Company’s prior written consent.

3.2 At all times the Affiliate agrees to be bound by the Company’s Affiliates Advertising Requirements which can be found at Appendix A and B to this Agreement.

For the avoidance of doubt, Appendix A and B and the Company’s Affiliate Advertising Guidelines contained within it form part of this Agreement.

3.3. The Affiliate agrees to give the Company reasonable assistance in respect of the display, access to, transmission and maintenance of the Content.

3.4. The Affiliate shall ensure that it does not place any Content on pages of the Affiliate Site targeting individuals under the legal gambling age where they are domiciled and does not allow, assist or encourage others to market and promote any Content, the Brand and the Company’s services to anyone under the legal gambling age in the countries where they are domiciled.

3.5. In the event the Affiliate wishes to place the Content on websites other than the Affiliate Site, the Affiliate must first obtain the Company’s written consent.

3.6. If the Affiliate sells its business, this Agreement is automatically transferred to the purchasing company (“Purchasing Company”). The Affiliate account purchased and transferred will remain on the existing Reward Plan that was in place at the time of the purchase. The Affiliate and/or Purchasing Company must inform the Company within 30 days of the purchase.

3.7. The Affiliate shall not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company’s trademarks or any other Brand belonging to the Company, or variations thereof in the “domain name”, (i.e. after any prefixes but before the top level domain suffix), or include metatags on the Affiliate Site which are identical or similar to any of the Company’s  trademarks. The Affiliate shall not create pages falsely representing any Brand in any social media channels (including, but not limited to, Facebook, Google +, Twitter etc.).

3.8. The Affiliate’s and the Company’s employees, related corporations, partners, agents, contractors, representatives and suppliers (including themselves, their friends, immediate family members, spouses, partners and housemates) are not eligible to participate in the Program.

3.9. The Affiliate shall not:

  1. directly or indirectly offer any person or entity any incentive (including but not limited to money) to access the Site and use the Content on the Affiliate Site (e.g. by implementing any “rewards” program for persons or entities who use such content);
  2. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to the Company by any person or entity;
  3. use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Products and/ or the Company’s websites or any related information or transactions;
  4. engage in transactions of any kind on the Company website on behalf of any third party, or authorise, assist, or encourage other third parties to do so;
  5. take any action that could reasonably cause any confusion as to the Company’s relationship with the Affiliate, or as to the Site on which any transactions are occurring;
  6. promote the Brand in any way other than by using the Content on the Affiliate Site in accordance with this Agreement without the Company’s prior written consent;
  7. post or serve any advertisements or Content on any website not owned by the Affiliate using framing techniques including but not limited to pop-up/pop-under windows, or assist, authorise or encourage any third party to take any such action without the Company’s prior written consent;
  8. attempt to artificially alter monies payable to the Affiliate by the Company in any way, including but not limited to colluding with New Customers referred by the Affiliate, or other Affiliates and/or by the creation of multiple Affiliate Sites or accounts to hedge bets, offset losses or otherwise gain a financial advantage;
  9. attempt to intercept or redirect (including, without limitation to user-installed software) traffic from or on any other website that participates in the Program;
  10. register more than one Affiliate account with the Program. Any exceptions must be confirmed in writing by the Company’s Head of Affiliates;
  11. use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Customers to the Site;
  12. be under eighteen (18) years of age and must be able to provide the Company upon request at any time, a copy of his/her ID, billing address and/or other documents. Refusal to do so may be considered, at the Company’s sole discretion, as fraudulent activity.
  13. fail to keep the Affiliate Site content compliant with any content and phrasing obligations and/or restrictions imposed on the Company by legal and/or regulatory requirements and/or third-party suppliers. In the event that the Affiliate, for any reason, does not have knowledge of such obligations, the Affiliate must update its Site within two (2) Working Days upon receipt of a notification from the Company pursuant to article 14.5 of this Agreement.
  14. apply for a new Affiliate account if it previously had an account closed due to breach of the Agreement.
  15. incentivise or indicate how sports betting arbitrage, “sure betting”, “safe betting”, “matched betting” or similar could be used at the Company and/or other betting options that statistically prevent the spirit of the Affiliate partnership from being profitable for both Parties.
  16. use types of marketing and advertising that are likely to appeal particularly to those aged 17 or younger, including but not limited to cartoons, comic book images and child and youth orientated language;
  17. post or serve any advertisements or content promoting the Company site in markets where it is prohibited to do so, including markets that are under reregulation.
  18. engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves fraud, whether of customers or other commercial entities.

3.10. If the Company determines, at its sole discretion, the Affiliate has engaged in the activities specified above, the Company shall have the right to:

  1. suspend any payments due to the Affiliate while the Company investigates any suspected breach, and/or;
  2. alter the Reward Plan of the Affiliate and/or;
  3. withhold payment of any Commission due to the Affiliate that has derived from the breach, and/or;
  4. retain the Commission until the debt is settled or invoice the cost incurred by such breach and/or;
  5. terminate the Agreement immediately.

If the investigation made by the Company leads to the conclusion that there is no breach, the Company shall pay the Affiliate all suspended or withheld payments.

The decision by the Company to pursue any of its rights or remedies under article 3.10. will be without prejudice to any other rights, remedies, legal actions or compensations available to the Company.

3.11. The Affiliate shall at all times comply with the provisions set forth in the federal Privacy Act 1988 (Cth of Australia) and the associated Privacy Principles and any other related/relevant legislation.

3.12. The Affiliate shall inform users of the Affiliate Site via its privacy policy or other appropriate means that a tracking technology will be installed on the user’s hard drive once the user clicks on the Content. The Affiliate shall provide users with the opportunity to reject the installation of such tracking technology in accordance with the federal Privacy Act 1988.

  1. COMPANY API

4.1. If the Affiliate is granted by the Company the possibility to use the Company API to use on its Site to promote any Brand, the Affiliate guarantees not to:

  1. communicate to any third party its username, password, key or any other identifiers enabling access to the Company API platform;
  2. enable any third party to access the Company API in any way;
  3. provide any feed from the Company API platform to any third party.

4.2. The Affiliate understands and acknowledges that the Company API may contain bugs for which the Company cannot be held responsible. For the sake of clarity, the Company shall not be responsible for any bug, virus, technical failure, loss of data, damage caused to the material of the Affiliate nor for any errors occurring on the Company API platform or on the Affiliate’s Site.

  1. THE COMPANY’S OBLIGATIONS AND RIGHTS

5.1. The Company shall provide the Affiliate with the Content for the purposes of this Agreement and may update such Content from time to time.

5.2. The Affiliate shall comply with the Company’s instructions to track New Customer(s). The Company shall use its reasonable endeavours to ensure that whenever a New Customer is directed to its websites and registers an account, the relevant New Customer is identified as originating from the Site. However, the Company shall not be held liable if it is unable to identify a New Customer as originating from such Site.

5.3 The Company shall be entitled to use any of its rights or fulfil any of its obligations hereunder (including, without limitation to, its payment obligations pursuant to article 6 through any Kindred Group Plc subsidiary company).

5.4 Subject to point 2 of the Introductory Provisions mentioned above, the Company shall be entitled to accept or decline any Affiliate’s application at its sole discretion.

5.5 The Company has the right to monitor the Affiliate Site to ensure that the Affiliate is complying with the terms of this Agreement. The Affiliate shall provide (and at no charge), the Company with all data and information to perform such monitoring.

5.6. The Company (its internal and external, financial and accounting auditors) has the right to audit all relevant records during the Term of the Agreement and for two (2) years afterwards. The Affiliate shall allow the Company and/or its auditors access to such records for the purposes of conducting the audit.

  1. COMMISSION AND PAYMENT TERMS

6.1 The Affiliate shall be entitled to receive on a monthly basis a Commission based on the activities of its referred customers.

6.2. If the Affiliate is paid on a Revenue Share reward plan, it shall be entitled to receive Commission for the lifetime of its referred New Customers until termination of this Agreement in accordance with article 13. Where an Affiliate promotes more than one Brand, the Revenue Share is calculated across all products and all brands. If the Affiliate is paid on a different type of reward plan, (including but not limited to Cost Per Acquisition), the Commission shall be specified in a separate agreement agreed upon by the Parties.

6.3. In order to receive an additional Commission based on a percentage of the Commission earned by its Sub-Affiliate(s), the Affiliate shall refer the Sub-affiliate to the Program through the Content. The Affiliate cannot claim a Commission from a new affiliate account created by an Affiliate who simultaneously has another Affiliate account. The Affiliate shall ensure that the Sub-Affiliate complies with the terms of this Agreement by making it aware to them before it enters into any arrangement with the Sub-Affiliate for the purposes this Agreement. The Affiliate is not allowed to register itself as a Sub-Affiliate. Unless agreed otherwise by the Parties, the Affiliate is entitled to receive 5% of its Sub-Affiliates’ Commission.

6.4. At the Company’s sole discretion, the Head of Affiliates may, without prejudice to any other rights or remedies available to the Company, choose to deal with an Affiliate and/or Sub-Affiliate account fraud, i.e. failure to comply with the foregoing rules, by:

i. merging duplicate accounts, and/or;
ii. applying the original reward plan to the New Customers from the secondary Affiliate account, and/or;
iii. severing the link between the master Affiliate & Sub-Affiliate, and/or;
iv. terminating the Agreement for the Affiliate and/or the Sub-Affiliate.

6.5. The Company shall provide the Affiliate with statements accessible through its Affiliate Account at http://www.kindredaffiliates.com (the ‘Technical Platform’) detailing the number of New Customers, New Depositing Customers, Net Revenue and the Affiliate’s Commission, if any, which have accrued to the Affiliate over the course of the calendar month. Such statements shall in principle be updated daily. At the beginning of each calendar month, the Company shall record the Affiliate’s total Commission, if any, during the previous calendar month. If the Affiliate’s Commission does not exceed 100 Euros, the Company shall be entitled to withhold and carry forward the Commission until the total accrued Commission exceeds 100 Euros. Any commission amount shown before the 10th Working Day of the month is subject to change due to possible delays in obtaining and uploading data from our 3rd Party suppliers to the Technical Platform, therefore, only the Commission amount shown after the 10th Working Day of the month shall be deemed final. If an Affiliate disputes this final Commission amount, they shall have a period of 3 (three) months from the month the commission amount in dispute is due to provide evidence of any suspected error. Disputes over Commission amounts older the 6 (six) months will not be entered into.

6.6. The Company reserves the right to reduce the Affiliate’s Commission/change the Reward Plan if:

  1. the Affiliate substantially reduces its efforts to promote the Company, and/or
    2. the existing Reward Plan results in a financial loss to the Company, and/or
    3. the Affiliate does not generate a minimum of 6 New Depositing Customers in a period of 3 months, and/or
    4. in the event of legal/regulatory changes to a market.

Any such changes will be communicated beforehand by email to the email address in the Affiliates’ account within the Technical Platform.

6.7. If 50% or more of an Affiliate’s Turnover, Net Revenue or Commission is generated by 1 of its referred customers, the Company reserves the right to carry forward any negative commission balance generated by this referred customer. Any future positive commission generated by the referred customer will be offset against this carried forward negative commission balance. Or to apply another arrangement at the Company’s discretion.

6.8. In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold CPA payments for customer accounts that are identified as bonus abuse, suspended, closed for fraud, self-exclusion or for any other reasonable reason.

6.9. The Affiliate shall, at any time, have secure access to the Technical Platform unless the Company has a duly motivated reason – including but not limited to network and IT maintenance and/or security threats – to block such access.

6.10. The Affiliate understands and accepts that the real-time data in the Technical Platform are merely approximate. 10 Working Days after the beginning of the following calendar month, a consolidated statement for the previous calendar month containing the aggregated and accurate data related to the Affiliate’s Commission will be available via the Technical Platform.

6.11. The Affiliate understands and accepts that its access to the Technical Platform is subject to the highest obligations of confidentiality. Any misuse of such access, whether intentional or not, shall be considered as a breach under the Agreement.

6.12. All payments to the Affiliate shall be made by the Company. Both Parties agree and acknowledge that the Company may change, from time to time (and at its sole discretion), the payment method and/or Payment Agent. The Company remains exclusively responsible for the payment of any amounts due.

6.13. All payments due under this Agreement shall be made in AUD. The applicable exchange rates, if any, shall be those from time to time used by the Company for internal Group reconciliation purposes, as currently reported by OANDA (http://www.oanda.com/), a registered Futures Commission Merchant (FCM) with the Commodity Futures Trading Commission (CFTC) and a member of the National Futures Association (NFA ID #0325821). The rate will be the monthly average interbank bid rate. For the avoidance of doubt, all payments shall be made inclusive of GST, if applicable, and the Affiliate is individually responsible for withholding tax, GST and any other fees.

6.14. Payments shall be made approximately 10 Working Days following receipt of an invoice.

6.15. Affiliates shall invoice the Company for their Commission.

6.16. The Affiliate shall invoice the Company, and send invoices to its Affiliate Manager and AU_Accounts@kindredgroup.com.

6.17. When calculating the Commission based on the Net Revenue, if an Affiliate’s customers’ activities result in a negative balance for the Affiliate, due to the customer winnings and/or bonuses etc., the said balance will be carried over to the next month, unless the Reward Plan has been adjusted to a no negative carryover Reward plan which must be approved by the Company’s Head of Affiliates. In this instance, any negative Commission balance will be set to zero at the beginning of each month.

6.18. Unless agreed in writing by the Company’s Head of Affiliates, any changes to an Affiliate’s Reward Plan will only be applicable to New Customers and not previously referred customers.

6.19. The Affiliate is responsible for ensuring the accuracy of the payment details in its account and/or as specified on its invoices. Any payment(s) made via the payment details listed in the Affiliate Account will be considered as payment made by the Company. Any cost incurred by the Company resulting from incorrect payment details provided by the Affiliate will be deducted from the Commission due to the Affiliate in the next monthly payment cycle in which there is a payment due to the Affiliate.

6.20. If for any reason the Affiliate has been overpaid, the Company reserves, without prejudice to any other rights, the right to request that the Affiliate refunds the difference, or deduct the corresponding amount of overpayment to the Affiliate from the following month’s Commission, and each month thereafter, until the debt is repaid in full.

6.21. If for any reason the Affiliate has been underpaid, the Company reserves, without prejudice to any other rights, the right to add the corresponding amount of underpayment to the Affiliate’s Commission in the following calendar month.

6.22. If there is a pending payment due to an Affiliate for a period of 12 months or more as a result of incorrect payment details, missing payment details, invalid or no-longer valid payment details and the Affiliate has not responded to all reasonable contact attempts made by the Company, the payment will be cancelled.

6.23. The Affiliate must comply with the legal and regulatory changes in its country of domicile; if it does not, it will not be entitled to receive any Commission based on the activities of its customers.

  1. INTELLECTUAL PROPERTY

7.1. Nothing in this Agreement shall constitute any licence, assignment, transfer or any other rights of any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks, registered designs, copyrights, database rights, rights in designs, inventions and Confidential Information, etc. which arise in result of entering into or for the purpose of this Agreement.

7.2. All Intellectual Property Rights created and/or deriving out of this Agreement, including, without limitation, banners, advertising material, the Database and Personal Data, shall be or become the sole property of the Company, and the Affiliate shall have absolutely no rights therein.

7.3. The Company grants the Affiliate a non-exclusive and worldwide right to display the Content on the Affiliate Site as set out in this Agreement and in accordance with the Company’s guidelines as may be provided to the Affiliate from time to time. All Intellectual Property Rights and any Goodwill arising from the Content and in all Products, associated systems and software relating to the services provided by the Company to its customers from time to time shall remain the property of the Company. The Affiliate shall not use the Content in any way that is detrimental to the Company or the reputation or Goodwill of the Company. The Affiliate shall not alter or modify, in any way, the Content without the Company’s prior written consent.

7.4. The Affiliate agrees that its Site shall not resemble in any way the appearance and/or the general impression of the Company’s website(s), nor will the Affiliate create the impression that the Affiliate Site is the Company’s website(s), or any part thereof.

7.5. Upon termination of the Agreement between the Parties, each Party shall return to the other Party all proprietary material or information and, as the case may be, destroy in a manner acceptable to the other Party all remaining copies of the same. Notwithstanding any disposition contrary to this Agreement, the Affiliate acknowledges that – upon such termination – it shall not keep a copy of the Content, the Database, Personal Data or Confidential Information, and may not exploit, directly or indirectly, Company proprietary information, materials or works.

  1. WARRANTIES

8.1. Each Party represents and warrants to the other that it has and will retain, throughout the Term, all rights, title and authority to accept the terms of this Agreement. Each Party grants to the other Party all relevant means to perform the obligations mentioned under this Agreement.

8.2. Each Party to this Agreement represents, warrants and undertakes to the other that it has obtained and will maintain in force all necessary registrations, authorisations, consents and licences necessary to fulfil its obligations and that it fully complies with, and shall continue fully to comply with, the conditions set out under article 3 and all applicable laws and regulations. The Affiliate further represents, warrant and undertakes that it has not been and is not currently subject to any regulatory or legal action in any country in the world.

8.3. The Affiliate represents, warrants and undertakes that the Affiliate Site shall not contain, or link to, any material which is defamatory, pornographic, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third party rights.

8.4. The Company is associated with companies working for the prevention of gambling addiction (including but not limited to Gambling Help Online and others). The Affiliate must provide information on responsible gambling using links directed to such companies’ websites.

8.5. The Affiliate must not deliberately provide facilities for gambling in such a way as to appeal particularly to minors, for example by reflecting or being associated with youth culture.

8.6. The Affiliate acknowledges and accepts:

  • The Company’s compliance with the EGBA standards, other relevant regulatory requirements and its responsible gaming and betting policy;
  • Its obligation to comply with said standards and policy
  1. DISCLAIMER

The Company makes no representation that the operation of its website will be uninterrupted or error-free and the Company will not be liable for the consequences of any interruptions or errors.

  1. INDEMNITY

The Affiliate shall indemnify on demand and hold harmless the Company and each of its associates, officers, directors, employees, agents, shareholders and partners from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and GST thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Company resulting from any breach, non-performance or non-observance by the Affiliate of any of the obligations or warranties specified under this Agreement.

  1. LIMITATION OF LIABILITY

11.1 Nothing in this article 11 shall limit the Company’s liability for death or personal injury resulting from negligence or fraud.

11.2 The Company’s aggregate liability in respect of any loss or damage suffered by the Affiliate and arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of Commission actually paid by the Company to the Affiliate pursuant to this Agreement in the 12 months prior to the event giving rise to such liability.

11.3 The Company shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

  • 11.3.1  any losses arising from any interruption, problem or error in the operation of or  ‘changes made to the Company’s Products and/ or Technical Platform;
  • 11.3.2  any loss arising from or in connection with loss of revenues, profits, contracts or business or failure to realise anticipated savings;
  • 11.3.3  any loss of goodwill or reputation; or
  •  11.3.4  any indirect or consequential losses suffered or incurred by the Affiliate arising out of or in connection with any other matter under this Agreement.

11.4 Except as expressly provided for in this Agreement all conditions, warranties and representations implied by statute, common law or otherwise are excluded to the extent permitted by law.

  1. CLOSURE OF A MARKET

The terms of this Agreement shall no longer be considered applicable in the event the Company is obliged to leave a market due to market condition changes, legal and/or regulatory changes. In such cases, the existing customer accounts opened within that market can be closed.

  1. TERM AND TERMINATION 

13.1. The terms of this Agreement apply from the date the Company notifies the Affiliate that its application has been successful in accordance with the introductory provisions of this Agreement and shall continue thereafter unless and until terminated according to this article 13.

13.2. The Company may terminate this Agreement immediately by written notice if:

13.2.1. the Affiliate commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other;

13.2.2. the Affiliate becomes insolvent or is unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium;

13.2.3. the Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner or in case the Purchasing Company’s (specified under article 3.5 of this Agreement) activities are either in conflict with the Company’s (for example the Affiliate Site is purchased by companies providing the same or similar services) or if its practices falls within article 8.3 of this Agreement;

13.2.4. the legal and/or regulatory situation in the market has changed or is in the process of changing to such an extent that the objectives of the Agreement can no longer be achieved and/or no longer correspond to the market reality;

13.2.5. if the Affiliate does not generate any New Depositing Customers for a period of 6 months;

13.2.6. the Company suspects – and has reasonable proof – that the Affiliate is engaging in illegal activities or has repeatedly breached the provisions this Agreement.

13.3. The Affiliate may terminate this Agreement:

  • If it doesn’t agree with the changes made to the Agreement and notified to them by the Company.
  • If it doesn’t agree with the changes made to the Reward Plan as a result of any breach mentioned under article 3.9 of this Agreement.

However, the Affiliate’s continued participation in the Program will constitute binding acceptance to the changes mentioned above.

13.4. Notwithstanding articles 13.1, 13.2 and 13.3, either Party may terminate the Agreement at any time by giving thirty (30) days written notice to the other Party.

13.5. Following termination of this Agreement, the Affiliate will only be entitled to receive the outstanding Commission due as of the effective termination date of this Agreement. However, the Company may reasonably withhold the Affiliate’s final payment to ensure that the correct amount is paid. After such payment, the Affiliate will no longer be entitled to receive any other Commission.

13.6. For any and all termination notices, delivery via e-mail is considered a written and immediate form of notification.

  1. GENERAL PROVISIONS

14.1. Unless otherwise provided for, this Agreement shall constitute the entire agreement and understanding superseding any previous agreement – between the Parties.  Each Party acknowledges and agrees that by entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.

14.2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by the law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

14.3. The Affiliate shall not, without the Company’s prior written consent, assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-licences or deals related to this Agreement or any other rights under it, or sub-contract any or all of its obligations under it or purport to do any of the same. Any purported assignment in breach of this article shall confer no rights on the purported assignee.

14.4. If any of the provisions of this Agreement shall be found by any authority to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

14.5. Any notice given or made to the Company under the terms of this Agreement shall be sent via email to affiliates@kindredgroup.com and marked for the attention of the Affiliate Manager (or as otherwise notified by the Company). The Company shall send the Affiliate any notices given or made under the terms of this Agreement to the email address provided by the Affiliate and mentioned in its account. Any notice shall be deemed to have been received within 24 hours of delivery. If the receipt occurs before 9.00 a.m. AEST on a Working Day, such notice shall be deemed to have been received on that specific day. If such receipt occurs after 5.00 p.m. AEST on a Working Day, or on any day which is not a Working Day, the notice shall be deemed to have been received at 9.00 a.m. on the following Working Day.

14.6. Each Party undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other Party or of any member of the group of companies to which the other Party belongs which may have or may in future come to its knowledge. Each of the Parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.

14.7. Nothing in this Agreement is intended to or shall operate to create a partnership between the Parties, or to authorise either Party to act as an agent for the other. Neither Party shall have the authority to act in the name or on behalf of the other Party or otherwise to bind the other Party in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

14.8. Neither Party shall make any announcement relating to the terms of this Agreement nor its subject matter without the other Party’s prior written approval, except as required by law or by any legal or regulatory authority.

14.9. The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the laws of New South Wales. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts of New South Wales (over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement).

This Agreement was last updated on 16th July 2019.
Source URL: http://www.kindredaffiliates.com/terms-conditions

APPENDIX A

          1. Kindred Affiliates Advertising Requirements

As a licenced operator in multiple jurisdictions, the Company together with its parent company Kindred Group plc prides itself in being a leader in the areas of responsible gaming and corporate social responsibility. Kindred Group plc is a leading member of trade associations such as Remote Gambling Association (RGA) and the European Gaming and Betting Association (EGBA).

As a member of the Kindred Affiliates Program (“Program”), advertising on behalf of the Company and representing its brands (“Brands”), the Company expects Affiliates to share these values and any advertising carried out on behalf of the Company must follow the regulations and rules issued by the relevant authorities.

For the avoidance of doubt, it is up to each Affiliate to ensure that it is compliant with all advertising guidelines and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of the Affiliate account with the Program.

This Appendix A outlines how the Company’s Affiliates can promote its Brands effectively and lawfully.

Any enquiries regarding the Affiliate’s obligations under the Agreement, or under the relevant legal and/or regulatory requirements in the jurisdiction where the Affiliate is located should be referred to the Affiliate Account Manager or emailed to: affiliates@kindredgroup.com.

       2. Content

Affiliates can only use Content provided by the Company and located in the Media Gallery via its Program, or Content that has been approved by the Company. The Affiliate must not alter the appearance, design and content of the approved marketing material unless it obtains written authorisation from the Company. If Affiliates use content that has not been provided and/or approved by the Company, it MUST be approved by their Affiliate Manager in writing prior to being published.If Affiliates are found to be using any Content promoting our Brands that has not been approved in writing by an Affiliate Manager, this may lead to the suspension and/or termination of your Affiliate account.

      3. Customer Offers

When promoting Customer Offers, particularly welcome offers, enhanced price offers and free spins, Affiliates must be as clear as possible and must not mislead existing or future customers in any way. Affiliates must always make it clear that a promotion is a promotion and ensure compliance with National Consumer Protection Framework in all AU jurisdictions

The Company’s up-to-date list of welcome offers per Brand/market/country can be found at https://www.kindredaffiliates.com/welcome-offers/. Where possible, Affiliates must repeat the same phrase to describe the welcome offer to their users.

Affiliates must refrain from using phrases such as ‘Get free money’, ‘Risk-free’ or similar which may mislead the customer. A good rule of thumb is to use the copy that is on the banners or landing pages provided via the Company’s Affiliate platform accessible at: www.kindredaffiliates.com.

Affiliates acknowledge that the terms in the Content or any other promotion must not mislead the customer by omission, exaggeration or by any other means. The Content or any other promotion by the Affiliates must include the following mandatory terms:

1) Targeted players

Example: New players only / Existing players only / Selected players only

2)  Age restriction

The age restriction warning sign (+18) must always be displayed on all adverts, banners and campaigns

3) Deposit information

Example: No deposit required / Min deposit $xx etc

4) Information about offer

Example: Bonus is 100% match on 1st deposit up to $xx etc

5) Wagering requirements and bonus expiry

Example: 35x Wagering requirement / 3-day expiry etc

6) Information about bet limitations

Example: Min bet $xx / Max bet $xx when playing with a bonus etc

7) Game restrictions

Example: Free spins on Starburst / selected games only etc

8) Information about additional terms

9) Terms and Conditions (T&Cs) of promotional offers

If space is limited, significant terms of the promotion (points 1 to 7 above) must always be displayed in the offer and the term “T&Cs apply” must be displayed in the offer as a link to additional terms and T&Cs of the promotion one click away. The link should refer to either the Affiliate’s page where the T&Cs are displayed or the Company’s Brand site where the full set of T&Cs of the promotional offer must be visible.

The Content provided by the Company via the Media Gallery will always be compliant with the above requirements.

  1. Tipsters

Any Affiliate Site or social media page which publishes betting tips or hosts challenges/competitions encouraging others to do so:

  • must make it clear that any subsequent betting activity is done at the customer’s own risk;
  • must never imply that success is guaranteed;
  • must provide tips in a responsible, fair and transparent manner;
  • must not encourage individuals to re-invest winnings and;
  • must not provide inaccurate or misleading information about betting tips and the success of them.

Affiliates must never falsify betting results or manipulate images to suggest that results were more favourable than they were. Any Affiliate that is found to have misrepresented betting results will have its Affiliate account terminated immediately.

  1. Email Marketing

Affiliates are not permitted to engage in any email marketing activities on behalf of the Company towards individuals based in the United Kingdom or Sweden. Individuals based in other countries can only be emailed with explicit written consent of their Affiliate Account Manager. Consent will only be given where the Affiliate can provide evidence of how the email database has been sourced, with a clearly defined double opt-in process to receive gambling related email communications.

In addition:

– The Affiliate must provide a preview of the actual email you are planning to send and gain permission from their Affiliate Account Manager before it is sent.
– Emails should never appear as if they have been sent by any of the Company’s Brands and Brand names must not appear in the ‘From’ field.
– It must be clear in the email that any potential complaint made as a result of this communication should be addressed directly to the Affiliate, and not to any of the Company’s Brands. The Company will not reply to such complaints.
– An unsubscribe link must be included in every email. The Company shall ask the Affiliate to provide examples of the unsubscribe process.

Any Affiliate found to be carrying out any email marketing activities without consent, or in breach of the restrictions above, will have its Affiliate account terminated.

  1. Social Media

Any links posted by Affiliates on Facebook, Twitter and any other relevant social media channels can only link to the Affiliate’s own website in the first instance, which in turn should contain compliant promotional text and then link to the relevant Brand.

Affiliates must not post any Affiliate links directly on their social media page(s). Any Affiliates found to have done so will have its Affiliates account suspended and/or terminated.

The aforementioned guidelines on Content and Customer Offers are also applicable to social media posts.

In addition, Facebook, Twitter and other social media have their own guidelines and policies regarding the advertising of gambling products and the Affiliates must comply with such guidelines and policies For example, if promoting gambling through a Twitter, Facebook or any other social media handle, an 18+ statement (or 21+ in some jurisdictions) must be included in the Affiliate’s page bio and any relevant agreements/addendums between the Affiliate and the social media companies must be concluded and signed.

Some useful links to Facebook’s and Twitter’s advertising policies are included at section 17 of Appendix A.

  1. Media Buying

Affiliates are not permitted to engage in any media buying promoting the Company’s Brands through advertising exchanges, programmatic networks, etc without prior written consent from their Affiliate Account Manager. We will require 100% visibility on this activity so that we can ensure our Brands are being promoted in a compliant manner, in line with specific Country regulations and restrictions.

  1. Pay-Per-Click Campaigns

Affiliates wishing to run Pay-Per-Click (PPC) campaigns:

  • must not use the Brand names in display URLs or ad copy;
  • must not bid on the Brand names or trademarks, or misspellings thereof;
  • must link to the Affiliate Site and not the Brand site;
  • must add the Brand keywords to the phrase match negative keywords list on their accounts.
  1. Live Streaming

The Company holds a Watch & Bet live streaming licence. Affiliates are not permitted to advertise the service as a pure streaming service without a connected message relating to betting. For example, ‘Watch and Bet with Unibet (funded account required)’

Furthermore, Affiliates are not allowed to mention the word ‘Free’ in any of their advertisements relating to live streaming. In addition, La Liga and Australian Open Tennis must not be advertised without reference to another league or sport, i.e. ‘Watch and bet on La Liga, Serie A and Ligue 1 here (funded account required).’

Finally, Affiliates are not allowed to suggest Unibet’s live streaming service is a substitute to coverage available on ‘TV’, a ‘Digital Game Pass’ or anything relating to live streaming alternatives.
eg “Don’t have BT subscription?  Watch the Live stream on Unibet TV instead” – would be unacceptable.

In summary, Affiliates:

  • Must ALWAYS include the word bet (local language accepted) in every sentence when referring to watching or live streaming; and
  • Must NEVER include the words free, or anything relating to live streaming alternatives (Game Pass, broadcaster, and the like).

Any Affiliate found to be in violation of the above may have its Affiliate account suspended and/or terminated.

  • Useful Links for Affiliates

Social media policies links are referred to below:

Facebook general advertising policies:

https://www.facebook.com/policies/ads

Facebook policy on Real money gambling:

https://www.facebook.com/policies/ads/restricted_content/gambling

Twitter general advertising policies:

https://support.twitter.com/articles/20169693

Twitter policy on advertising Gambling content: https://support.twitter.com/articles/20170426

These links are provided solely for informative purposes and should not be seen to be exhaustive. For the avoidance of doubt, it is up to the Affiliate to ensure that they are compliant with all advertising guidelines and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of Affiliate account with the Program.

APPENDIX B – DATA PROTECTION

  1. For the purpose of the services to be delivered under this Agreement, it is understood that the Company and the affiliate are a Data Controller of Personal Data in their own right.
  2. The Affiliate shall at all times comply with its obligations under the EU Regulation 2016/679 and laws implementing or supplementing it, the Privacy and Electronic Communication Regulations 2003, any amendment, consolidation or re-enactment thereof (“Data Protection Requirements”) and indemnify the Company for any breach of the Data Protection Requirements which renders the Company liable for any costs, fines, claims or expenses howsoever arising.
  3. Failure to comply with the Data Protection Requirements will be cause for the termination of this Agreement with immediate effect.
  4. Contact details for data protection related queries: DPO.Officer@kindredgroup.com.

KINDRED AFFILIATES PROGRAM (US) AGREEMENT

INTRODUCTORY PROVISIONS

  1. This document (the “Affiliate Agreement” or “Agreement”) sets out the terms and conditions agreed between:
  • Unibet Interactive Inc (hereinafter “Company”), under the laws of Delaware, USA, EIN 61 – 1884911, having its registered office at 1209 Orange Street, Wilmington, New Castle, Delaware 19801, USA, and
  • the person/company set out on the relevant application form (hereinafter the “Affiliate”), enabling the Affiliate to join and become a member (if the Affiliate’s application is successful) of the Kindred Affiliates Program (“Program”).
  1. The Affiliate shall ensure and undertake that the information provided to the Company when completing the application form is complete, true and accurate in all respects.
  1. Once the Affiliate is a member of the Program, it will promote the Brand by using Content on its Site in return for a Commission.
  1. The Company may change all or any part of this Agreement at any time and at its sole discretion. Notice will be given by email to the email address in the Affiliates’ account within the Technical Platform and will be deemed to be served immediately when sent by the Company– whichever occurs sooner. If the Affiliate does not agree to such changes, the Affiliate may terminate this Agreement in accordance with its terms. However, should the Affiliate continue to participate in the Program after the Company has posted the changes, this will constitute binding acceptance of such changes.

DEFINITIONS

 

  • Affiliate” means any natural and/or legal person who, after having entered into this Agreement, makes space on its website or other media platform (“Affiliate Site” or “Site”) for the Content provided by the Company for the purposes of this Agreement.
  • Affiliate Account” means the Technical Platform account set up by the Company based on the information provided by the Affiliate in the application form.
  • Affiliate Account Manager means any employee of the Company authorised to manage the business relationship between the Company and the Affiliate.
  • Bonuses” means any so-called “free money”, “free bets”, “free spins”, “money back”, vouchers, rebates, discounts and/or similar that the New Customer can utilise as payment for stakes (bets).
  • “Brand” means any relevant brand operated by Kindred Group Plc (“Group”).
  • Commission” means the compensation due to the Affiliate based on the agreed percentage of Net Revenue (“Revenue Share”), Cost Per Acquisition, or other Reward Plan.
  • Company API” means the technical platform accessible at https://developer.kindredgroup.com through which the Affiliate may access technical tools including but not limited to the Company’s sportsbook and casino feeds.
  • Confidential Information” means any information of a commercial value, considered essential for both Parties, such as, but not limited to technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Customer lists, prospect and New Customer data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
  • Content” means material provided by the Company for the purposes of this Agreement, including, without limitation, text links (including Sub-Affiliate links), banners and other general advertising material.
  • Database” means any information stored about Affiliates and New Customers, containing any Company proprietary New Customer data for the purposes of this Agreement, including without limitation to Personal Data and contact information, and excluding all other Company databases, as it stands as of the date of this Agreement, and as it stands until the date of termination of this Agreement.  Databases are assets of a financial value belonging to the Company and represent a substantial investment made by the Company.
  • Gaming Approvals” means any and all required approvals, authorizations, licenses, permits, consents, findings of suitability, registrations, clearances, exemptions and waiver of or from any Gaming Authority, including those relating to offering or conduct of gaming and gambling activities, or the use of gaming devices, equipment, supplies and associated equipment in the operation of a casino or other gaming enterprise or the receipt or participation in revenues or revenues directly or indirectly derived therefrom.
  • Gaming Authority” means, collectively, those international, federal, state, local, foreign and other governmental, regulatory and administrative authorities, agencies, commissions, boards, bodies, and officials responsible for or involved in the regulation of gaming or gaming activities or the ownership of an interest in any entity that conducts gaming in any jurisdiction.
  • Gaming Issue” means that (1) a Governmental Entity has determined it to be unsuitable for Company to be affiliated with the Affiliate, any holder of equity securities in the Affiliate, or any Sub-Affiliate, or (2) Company’s compliance committee has determined, in good faith, based on verifiable facts, that association with the Affiliate, any holder of equity securities in the Affiliate or any Sub-Affiliate is reasonably expected to (a) violate any applicable law, or a Gaming Approval held by Company or any of its affiliated entities, (b) cause Company or any of its affiliated entities, any facility operated by Company or any of its affiliated entities, or any market access partner for Company to lose or to be threatened with the loss of any Gaming Approval, or (c) preclude or materially delay, impede, impair, threaten or jeopardize any Gaming Approval applicable to Company or any of its affiliated entities, any facility operated by Company or any of its affiliated entities or any application for or ability to obtain or retain any such Gaming Approval.
  • Gaming Laws” means those laws pursuant to which any Gaming Authority possesses regulatory, licensing or permit authority over gaming within any jurisdiction.
  • Gaming Prohibited Person” shall mean: (1) a person who is identified by any Gaming Authority as unsuitable to be associated with a gaming facility; (2) a person who has been denied a Gaming Approval in any jurisdiction; or (3) a person who has been subject to a suspension or revocation of a Gaming Approval in any jurisdiction.
  • Gaming Regulation” means any applicable regulations (whether interim or final) promulgated by a Governmental Entity in the applicable state or jurisdiction pursuant to, or under authority granted by, the State Gaming Law.
  • Governmental Entity” means any federal, state, local or foreign government or any provincial, departmental or other political subdivision thereof, or any entity, body or authority having or asserting executive, legislative, judicial, regulatory, administrative or other governmental functions or any court, department, commission, board, bureau, agency, instrumentality or administrative body of any of the foregoing, including any Gaming Authority.
  • Goodwill” means the benefit of a business having a good reputation under its name and regular patronage.
  • Gross Revenue” means the value of the revenues generated by all customers referred by the Affiliate across all products, after the deductions of costs including but not limited to taxes, betting duties, third party commissions/fees for providing games and game software etc. Revenues generated would be equal to all (settled) bets less wins and in poker would be equal to the rake contributed through each qualified pot in cash ring games and/or the fees charged to customers to compete in poker tournaments. For the avoidance of doubt, any bet that is not accepted for a legitimate reason, at the sole discretion of the Company, shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue.
  • Intellectual Property Rights” or “IPR” means any rights in computer software (including source codes), databases, know-how, design, copyright, trademarks, logos, service marks, domain names, brands, business names and/or all other rights of whatever nature whether registered or unregistered subsisting anywhere in the world, whether now known or created in the future.
  • Net Revenue” means the monthly Gross Revenue after the deduction of costs including but not limited to financial transaction fees, bonuses, loyalty rewards and charge backs.
  • “New Customer”means any person that registers with the Brand after clicking on the Content, excluding any person that already exists in the Company’s Brand customer Database or that has previously closed a customer account and opened a new one through the Affiliate. A customer will be linked to the last Affiliate who referred the customer to the Company based on the affiliate tracking cookie.
  • “New Depositing Customer”means a New Customer who has made a first minimum deposit with the Company which is used for bona fide transactions with the aim to establish and enter into a normal commercial relationship with the Company within the framework of the business. The customer registration and the first deposit do not have to be simultaneous.
  • “Parties” means the Company and the Affiliate (each a “Party”).
  • Payment Agent” means any third party appointed by the Company to carry out on its behalf and make payments to the Affiliates.
  • Personal Data” means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Customers and/or Affiliates.
  • Products” means the betting and gaming products offered by the Company. This includes but is not limited to online sports betting, poker, casino and bingo.
  • Reward Plan” means any financial model agreed between the Parties to compensate the Affiliate for its marketing activities.
  • Sub-Affiliate” means any natural and legal person who, after having entered into collaboration with the Affiliate, makes space on its website or other media platform available to post Content for the acquisition of New Customers.
  • “Technical Platform” means a technical tool selected by the Company to record, register and monitor the Affiliate’s activities, business and the activities between the Company and New Customers.
  • Term” means the period from the date the Affiliate accepts the terms of this Agreement until termination of this Agreement as specified under article 13.
  • Working Day” means every day from Monday to Friday inclusive, excluding public holidays and weekends.

 

  1. GENERAL SCOPE AND OBJECTIVE

1.1. The Company requires third party advertising space to promote the Brand to increase its business, notably via increasing the number of New Depositing Customers, and will, from time to time in cooperation with third parties, negotiate, sign and carry out its affiliate marketing strategy. In the event the Company uses a third party for the (partial) roll-out of its affiliate marketing strategy, (including contract negotiation, day-to-day management of the Technical Platform, payment processing, marketing or other activities, this irrespective of the legal capacity of the intermediary, whether as agent, subcontractor or other), the Company is and remains exclusively responsible for the execution of the Agreement.

1.2. The Company has set itself, and in some markets it is bound by, the following three objectives when promoting its services and the Brand to customers.

1.2.1 The Company wishes to prevent gambling from being a source of crime and or disorder, being associated with crime or disorder and/or being used to support crime;

1.2.2 The Company wishes to ensure that gambling is conducted in a fair and open way; and

1.2.3 The Company intends to protect children and vulnerable persons from being harmed and/or exploited by gambling.

1.3 The Affiliate acknowledges that it will respect the above objectives and agrees that it will act at all times in a manner that is consistent with these objectives during the Term of this Agreement.

1.4. The Affiliate acknowledges that gambling is subject to applicable laws and regulations, including Gaming Laws.  Accordingly:

1.4.1 The Affiliate acknowledges the Company holds a gambling licence in multiples states  and is subject to such states’ local laws and regulations that relate to promotion of gambling and specifically promoting gambling and soliciting bets. In some countries where the Company holds a licence and promotes gambling using the Affiliate, the Affiliate acknowledges that it may be jointly responsible with the Company to the local gambling or advertising authority for any promotion or advertising done on behalf of the Company that is not in compliance with the local laws and regulations.

1.4.2 The Affiliate warrants to Company that it will, and will ensure that each of its Sub-Affiliates will, at all times during the Term hold, maintain and comply with the appropriate Gaming Approvals, and will otherwise comply with all applicable laws, including the Gaming Laws, with respect to its obligations and activities hereunder.  The Affiliate shall obtain any required Gaming Approvals at its sole cost and expense.

1.4.3 The Affiliate agrees to (and shall ensure that its Sub-Affiliates shall) cooperate with requests, inquiries, or investigations of any Governmental Entity or law enforcement agencies which may be directed at Company in connection with the Affiliate’s obligations and activities hereunder.

1.4.4 The Affiliate agrees to cooperate with Company, if requested, to undergo a background investigation to comply with Company’s compliance policies and to cooperate with Company throughout the Term to establish and maintain the Affiliate’s suitability.  During the Term, to the extent that any prior disclosure becomes inaccurate, including the initiation of any criminal proceeding or any civil or administrative proceeding or process with alleges any violations of law, involving the Affiliate or any Sub-Affiliate or any of the Affiliate’s or Sub-Affiliate’s owners or key principals, the Affiliate shall disclose the information to Company within ten (10) days from that event.  The Affiliate agrees to comply with any background investigation conducted in connection with the disclosure of this updated information.

1.4.5 If a Gaming Issue occurs, Company may immediately terminate this Agreement upon written notice to the Affiliate, provided however, that where such Gaming Issue is curable, such as where the Affiliate can modify its planned actions to avoid violating an applicable law, or where an opportunity to explain an issue to a Governmental Entity or to agree to conditions imposed by a Governmental Entity may eliminate the Gaming Issue, Company shall give the Affiliate notice of the Gaming Issue and a reasonable opportunity to cure the Gaming Issue, not to exceed sixty (60) days, unless a Governmental Entity directs or advises Company to terminate this Agreement sooner.  Notwithstanding anything to the contrary herein, in the event of termination of this Agreement pursuant to this subsection, Company shall have no further liability to Affiliate under this Agreement.

1.5. The Affiliate further acknowledges that promoting or soliciting bets is subject to legal restrictions in some countries and may even be prohibited.  Such restrictions may vary from time to time. The Affiliate shall not enter into this Agreement if it targets any markets where gambling is illegal or where the promotion, marketing or advertising of gambling is illegal. The Affiliate shall be exclusively liable for such actions and shall hold the Company harmless and shall fully indemnify the Company for any liability incurred by the Company If it doesn’t comply with the provision above.1.6. The Affiliate further confirms that it operates the Site, where the Content will be placed, under its own name and that it is fully and without restrictions authorised to dispose thereof.

1.7 The Affiliate acknowledges reception of the following notice:

Important Information About Procedures for Opening a New Account:

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account.

What this means for you:

When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you.  We may also ask to see your driver’s license or other identifying documents.

1.8. Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all and any expenses (including investment and/or running costs) incurred in respect of the obligations it undertakes under this Agreement and will have no right of recourse against the other Party in respect thereof.

  1. INTEGRATION OF THE AFFILIATE IN THE KINDRED AFFILIATES (US) PROGRAM

 

2.1. Upon the Affiliate’s successful application to join the Program, a unique tracking code (often in the form of a URL) is assigned to the Affiliate so that the Affiliate is integrated in the Technical Platform. This tracking code will identify any New Customers referred by the Affiliate. It is the Affiliate’s responsibility to ensure that any tracking code generated by the Technical Platform is used correctly.
2.2. Any additional advertising material (of any kind whatsoever) created by the Affiliate and related to the Company shall require the Company’s prior written approval.

2.3. Subject to article 3.6 of this Agreement, a change to the URL of the Affiliate Site shall not constitute a change to the Agreement and shall not affect the rights and obligations of the Affiliate arising from this Agreement.

  1. THE AFFILIATE’S OBLIGATIONS

3.1. During the Term of this Agreement, the Affiliate shall use its reasonable endeavours to display the most up to date Content on the Affiliate Site in a manner and location agreed by the Parties. The Affiliate shall not alter the form or operation of the Content.

At all times the Affiliate agrees to be bound by the Company’s Affiliates Advertising Guidelines which can be found at Appendix A to this Agreement.

For the avoidance of doubt, Appendix A and the Company’s Affiliate Advertising Guidelines contained within it form part of this Agreement.

3.2 The Affiliate shall perform its obligations under the Agreement with good faith.

3.3. The Affiliate agrees to give the Company reasonable assistance in respect of the display, access to, transmission and maintenance of the Content.

3.4. The Affiliate shall ensure that it does not place any Content on pages of the Affiliate Site targeting individuals under the legal gambling age where they are domiciled and does not allow, assist or encourage others to market and promote any Content, the Brand and the Company’s services to anyone under the legal gambling age in the countries where they are domiciled.

3.5. In the event the Affiliate wishes to place the Content on websites other than the Affiliate Site (including Sub-Affiliate’s sites) or wishes to use a Sub-Affiliate, the Affiliate must first obtain the Company’s written consent.

 

3.6. If the Affiliate sells its business, this Agreement is automatically transferred to the purchasing company (“Purchasing Company”). The Affiliate account purchased and transferred will remain on the existing Reward Plan that was in place at the time of the purchase. The Affiliate and/or Purchasing Company must inform the Company within 30 days of the purchase.

 

3.7. The Affiliate shall not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company’s trademarks or any other Brand belonging to the Company, or variations thereof in the “domain name”, (i.e. after any prefixes but before the top level domain suffix), or include metatags on the Affiliate Site which are identical or similar to any of the Company’s  trademarks. The Affiliate shall not create pages falsely representing any Brand in any social media channels (including, but not limited to, Facebook, Google +, Twitter etc.).

 

3.8. The Affiliate’s and the Company’s employees, related corporations, partners, agents, contractors, representatives and suppliers (including themselves, their friends, immediate family members, spouses, partners and housemates) are not eligible to participate in the Program.

 

3.9. The Affiliate shall not:

  1. directly or indirectly offer any person or entity any incentive (including but not limited to money) to access the Site and use the Content on the Affiliate Site (e.g. by implementing any “rewards” program for persons or entities who use such content);
  2. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to the Company by any person or entity;
  3. use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Products and/ or the Company’s websites or any related information or transactions;
  4. engage in transactions of any kind on the Company website on behalf of any third party, or authorise, assist, or encourage other third parties to do so;
  5. take any action that could reasonably cause any confusion as to the Company’s relationship with the Affiliate, or as to the Site on which any transactions are occurring;
  6. promote the Brand in any way other than by using the Content on the Affiliate Site in accordance with this Agreement without the Company’s prior written consent;
  7. post or serve any advertisements or Content on any website not owned by the Affiliate using framing techniques including but not limited to pop-up/pop-under windows, or assist, authorise or encourage any third party to take any such action without the Company’s prior written consent;
  8. attempt to artificially alter monies payable to the Affiliate by the Company in any way, including but not limited to colluding with New Customers referred by the Affiliate, or other Affiliates and/or by the creation of multiple Affiliate Sites or accounts to hedge bets, offset losses or otherwise gain a financial advantage;
  9. attempt to intercept or redirect (including, without limitation to user-installed software) traffic from or on any other website that participates in the Program;
  10. register more than one Affiliate account with the Program. Any exceptions must be confirmed in writing by the Company’s Head of Affiliates;
  11. use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Customers to the Site;
  12. be under eighteen (18) years of age and must be able to provide the Company upon request at any time, a copy of his/her ID, billing address and/or other documents. Refusal to do so may be considered, at the Company’s sole discretion, as fraudulent activity;
  13. fail to keep the Affiliate Site content compliant with any content and phrasing obligations and/or restrictions imposed on the Company by legal and/or regulatory requirements and/or third-party suppliers. In the event that the Affiliate, for any reason, does not have knowledge of such obligations, the Affiliate must update its Site within two (2) Working Days upon receipt of a notification from the Company pursuant to article 14.5 of this Agreement;
  14. apply for a new Affiliate account if it previously had an account closed due to breach of the Agreement;
  15. incentivise or indicate how sports betting arbitrage, “sure betting”, “safe betting”, “matched betting”, casino systems or similar could be used at the Company and/or other betting options that statistically prevent the spirit of the Affiliate partnership from being profitable for both Parties;
  16. use types of marketing and advertising that are likely to appeal particularly to those aged 17 or younger, including but not limited to cartoons, comic book images and child and youth orientated language;
  17. when marketing and promoting the Brand and the Company’s services, use anyone who is or appears to be under the age of 25;
  18. post or serve any advertisements or content promoting the Company site in markets where it is prohibited to do so, including markets that are under reregulation;
  19. engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves fraud, whether of customers or other commercial entities.

3.10. If the Company determines, at its sole discretion, the Affiliate has engaged in the activities specified above, the Company shall have the right to:

  1. suspend any payments due to the Affiliate while the Company investigates any suspected breach, and/or;
  2. alter the Reward Plan of the Affiliate and/or;
  3. withhold payment of any Commission due to the Affiliate that has derived from the breach, and/or;
  4. retain the Commission until the debt is settled or invoice the cost incurred by such breach and/or;
  5. terminate the Agreement immediately.

 

If the investigation made by the Company leads to the conclusion that there is no breach, the Company shall pay the Affiliate all suspended or withheld payments.

 

The decision by the Company to pursue any of its rights or remedies under article 3.10. will be without prejudice to any other rights, remedies, legal actions or compensations available to the Company.

 

  1. COMPANY API

4.1. If the Affiliate is granted by the Company the possibility to use the Company API to use on its Site to promote any Brand, the Affiliate guarantees not to:

  1. communicate to any third party its username, password, key or any other identifiers enabling access to the Company API platform;
  2. enable any third party to access the Company API in any way;
  3. provide any feed from the Company API platform to any third party.

 

4.2. The Affiliate understands and acknowledges that the Company API may contain bugs for which the Company cannot be held responsible. For the sake of clarity, the Company shall not be responsible for any bug, virus, technical failure, loss of data, damage caused to the material of the Affiliate nor for any errors occurring on the Company API platform or on the Affiliate’s Site.

  1. THE COMPANY’S OBLIGATIONS AND RIGHTS

5.1. The Company shall provide the Affiliate with the Content for the purposes of this Agreement and may update such Content from time to time.

5.2. The Affiliate shall comply with the Company’s instructions to track New Customers. The Company shall use its reasonable endeavours to ensure that whenever a New Customer is directed to its websites and registers an account, the relevant New Customer is identified as originating from the Site. However, the Company shall not be held liable if it is unable to identify a New Customer as originating from such Site.

5.3 The Company shall be entitled to use any of its rights or fulfil any of its obligations hereunder (including, without limitation to, its payment obligations pursuant to article 6 through any Kindred Group Plc subsidiary company).

5.4 Subject to point 2 of the Introductory Provisions mentioned above, the Company shall be entitled to accept or decline any Affiliate’s application at its sole discretion.

5.5. The Company has the right to monitor the Affiliate Site to ensure that the Affiliate is complying with the terms of this Agreement. The Affiliate shall provide (and at no charge), the Company with all data and information to perform such monitoring.

5.6. The Company (its internal and external, financial and accounting auditors) has the right to audit all relevant records during the Term of the Agreement and for two (2) years afterwards. The Affiliate shall allow the Company and/or its auditors access to such records for the purposes of conducting the audit.

 

  1. COMMISSION AND PAYMENT TERMS

6.1 The Affiliate shall be entitled to receive on a monthly basis a Commission based on the activities of its referred customers.

6.2. If the Affiliate is paid on a Revenue Share Reward Plan, it shall be entitled to receive Commission for the lifetime of its referred New Customers, until termination of this agreement, in accordance with article 13. Where an Affiliate promotes more than one Brand, the Revenue Share is calculated across all products and brands. If the Affiliate is paid on a different type of Reward Plan, (including but not limited to Cost Per Acquisition, ‘CPA’), the Commission shall be specified in a separate agreement agreed upon by the Parties.

6.3. In order to receive an additional Commission based on a percentage of the Commission earned by its Sub-Affiliate(s), the Affiliate shall refer the Sub-Affiliate to the Program through the Content. The Affiliate cannot claim a Commission from a new affiliate account created by an Affiliate who simultaneously has another Affiliate Account. The Affiliate shall ensure that the Sub-Affiliate complies with the terms of this Agreement by making it aware to them before it enters into any arrangement with the Sub-Affiliate for the purposes this Agreement. The Affiliate is not allowed to register itself as a Sub-Affiliate. Unless agreed otherwise by the Parties, the Affiliate is entitled to receive 5% of its Sub-Affiliates’ Commission.

6.4. At the Company’s sole discretion, the Head of Affiliates may, without prejudice to any other rights or remedies available to the Company, choose to deal with an Affiliate and/or Sub-Affiliate account fraud, i.e. failure to comply with the foregoing rules, by:

  1. merging duplicate accounts, and/or;
    2. applying the original Reward Plan to the New Customers from the secondary Affiliate account, and/or;
    3. severing the link between the master Affiliate & Sub-Affiliate, and/or;
    4. terminating the Agreement for the Affiliate and/or the Sub-Affiliate.

6.5. The Company shall provide the Affiliate with statements accessible through its Affiliate Account at http://usaffiliates.kindredplc.com (the ‘Technical Platform’) detailing the number of New Customers, New Depositing Customers, Net Revenue and the Affiliate’s Commission, if any, which have accrued to the Affiliate over the course of the calendar month. Such statements shall in principle be updated daily. At the beginning of each calendar month, the Company shall record the Affiliate’s total Commission, if any, during the previous calendar month. The Commission amount shown after the 10th Working Day of the month will be deemed final. Any amount shown before the 10th Working Day of the month is subject to change due to possible delays in obtaining and uploading data from our 3rd Party suppliers to the Technical Platform. If the Affiliate’s Commission does not exceed 100 USD, the Company shall be entitled to withhold and carry forward the Commission until the total accrued Commission exceeds 100 USD.

6.6. The Company reserves the right to reduce the Affiliate’s Commission/change the Reward Plan if:

  1. the Affiliate substantially reduces its efforts to promote the Company, and/or
    2. the existing Reward Plan results in a financial loss to the Company, and/or
    3. the Affiliate does not generate a minimum of 6 New Depositing Customers in a period of 3 months and/or
    4. in the event of legal/regulatory changes to a market.

Any such changes will be communicated beforehand by email to the email address in the Affiliates’ account within the Technical Platform.

6.7. In the case of a Reward Plan with a CPA element, the Company reserves the right to withhold CPA payments for customer accounts that are suspended, closed for fraud, self-exclusion, bonus abuse or for any other reasons.

6.8. The Affiliate shall, at any time, have secure access to the Technical Platform unless the Company has a duly motivated reason – including but not limited to network and IT maintenance and/or security threats – to block such access.

6.9. The Affiliate understands and accepts that the real-time data in the Technical Platform are merely approximate. 10 Working Days after the beginning of the following calendar month, a consolidated statement for the previous calendar month containing the aggregated and accurate data related to the Affiliate’s Commission will be available via the Technical Platform.

6.10. The Affiliate understands and accepts that its access to the Technical Platform is subject to the highest obligations of confidentiality. Any misuse of such access, whether intentional or not, shall be considered as a breach under the Agreement.

6.11. All payments to the Affiliate shall be made by a Payment Agent appointed by the Company.  Both Parties agree and acknowledge that the Company may change, from time to time (and at its sole discretion), the payment method and/or Payment Agent. Unibet Interactive Inc remains exclusively responsible for the payment of any amounts due.

6.12. All payments due under this Agreement shall be made in United States Dollars. The applicable exchange rates, if any, shall be those from time to time used by the Company for internal Group reconciliation purposes, as currently reported by OANDA (http://www.oanda.com), a registered Futures Commission Merchant (FCM) with the Commodity Futures Trading Commission (CFTC) and a member of the National Futures Association (NFA ID #0325821). For the avoidance of doubt, all payments shall be made inclusive of applicable state, local and federal taxes, if applicable, and the Affiliate is individually responsible for withholding tax, VAT and any other fees which may apply based on its country of registration.

6.13. Affiliates shall have access to automatically generated invoices via the Technical Platform. The Affiliate hereby accepts the validity of such invoices and their use by the Company for administrative and tax compliance purposes. Affiliates should invoice the Company after the 10th Working Day of the month following the month for which the Commission was earned. The Affiliate should invoice Unibet Interactive Inc at 1209 Orange Street, Wilmington, New Castle, Delaware 19801, USA, and include:

– the purchase order number provided by their Affiliate Account Manager
All invoices should be sent via email to invoices_unic@kindredgroup.com, with the Affiliate’s Affiliate Account Manager included in cc.

6.14. Payments shall be made within 15 Working Days following the receipt of an invoice correctly addressed to the company listed in 6.13 and with the correct purchase order number included.

6.15. When calculating the Commission based on the Net Revenue, if an Affiliate’s customers’ activities result in a negative balance for the Affiliate, due to the customer winnings and/or bonuses etc., the said balance will be carried over to the next month, unless the Reward Plan has been adjusted to a no negative carryover Reward Plan. In this instance, any negative Commission balance will be set to zero at the beginning of each month.

6.16. Unless agreed in writing by the Company’s Head of Affiliates, any changes to an Affiliate’s Reward Plan will only be applicable to New Customers and not previously referred customers.

6.17. The Affiliate is responsible for ensuring the accuracy of the payment details in its account and/or as specified on its invoices. Any payment(s) made via the payment details listed in the Affiliate Account will be considered as payment made by the Company. Any cost incurred by the Company resulting from incorrect payment details provided by the Affiliate will be deducted from the Commission due to the Affiliate in the next monthly payment cycle in which there is a payment due to the Affiliate.

 

6.18. If for any reason the Affiliate has been overpaid, the Company reserves, without prejudice to any other rights, the right to request that the Affiliate refunds the difference, or deduct the corresponding amount of overpayment to the Affiliate from the following month’s Commission, and each month thereafter, until the debt is repaid in full.

6.19. If for any reason the Affiliate has been underpaid, the Company reserves, without prejudice to any other rights, the right to add the corresponding amount of underpayment to the Affiliate’s Commission in the following calendar month.

6.20. If there is a pending payment due to an Affiliate for a period of five years or more as a result of incorrect payment details, missing payment details, invalid or no-longer valid payment details and the Affiliate has not responded to all reasonable contact attempts made by the Company, the payment will be cancelled.

6.21. The Affiliate must comply with the legal and regulatory requirements in its country of domicile; if it does not, it will not be entitled to receive any Commission based on the activities of its customers.

  1. INTELLECTUAL PROPERTY

7.1. Nothing in this Agreement shall constitute any licence, assignment, transfer or any other rights of any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks, registered designs, copyrights, database rights, rights in designs, inventions and Confidential Information, etc. which arise in result of entering into or for the purpose of this Agreement.

7.2. All Intellectual Property Rights created and/or deriving out of this Agreement, including, without limitation, banners, advertising material, and the Database, shall be or become the sole property of the Company, and the Affiliate shall have absolutely no rights therein.

7.3. The Company grants the Affiliate a non-exclusive right to display the Content on the Affiliate Site as set out in this Agreement and in accordance with the Company’s guidelines as may be provided to the Affiliate from time to time. All Intellectual Property Rights and any Goodwill arising from the Content and in all Products, associated systems and software relating to the services provided by the Company to its customers from time to time shall remain the property of the Company. The Affiliate shall not use the Content in any way that is detrimental to the Company or the reputation or Goodwill of the Company. The Affiliate shall not alter or modify, in any way, the Content without the Company’s prior written consent.

7.4. The Affiliate agrees that its Site shall not resemble in any way the appearance and/or the general impression of the Company’s website(s), nor will the Affiliate create the impression that the Affiliate Site is the Company’s website(s), or any part thereof.

 

7.5. Upon termination of the Agreement between the Parties, each Party shall return to the other Party all proprietary material or information and, as the case may be, destroy in a manner acceptable to the other Party all remaining copies of the same. Notwithstanding any disposition contrary to this Agreement, the Affiliate acknowledges that – upon such termination – it shall not keep a copy of the Content, the Database, Personal Data or Confidential Information, and may not exploit, directly or indirectly, Company proprietary information, materials or works.

7.6. The Affiliate will collect, store, process, and disclose Personal Data in compliance with all applicable laws and regulations. Under no circumstances will the Affiliate process or disclose Personal Data to the Company if doing so would violate the rights of any third party or any applicable law or regulation. The Affiliate will make any required disclosures to third parties and obtain any necessary consent from third parties before collecting or disclosing Personal Data under this Agreement.

7.7.   The Affiliate will protect all Personal Data and Confidential Information using reasonable and appropriate technical, physical, and administrative safeguards. Such safeguards will meet or exceed the requirements of any applicable law or regulation.

7.8 All Personal Data collected under and/or deriving out of this Agreement, to the extent permitted by law, shall be or become the sole property of the Company. If for any reason the Company is not permitted to take ownership of any Personal Data, the Affiliate hereby grants the Company a perpetual, exclusive, royalty-free, worldwide, irrevocable, assignable license to any such Personal Data.

7.9. If the Affiliate reasonably suspects or has knowledge of an actual data breach or compromise of its security program or network which has resulted in the loss or unauthorized access, disclosure, use or acquisition of Personal Data  collected, stored, processed, or disclosed under this Agreement (a “Data Incident”), then the Affiliate shall notify the Company as soon as reasonably possible following discovery of such event, but no later than forty-eight hours of discovering any reasonably suspected or actual loss of data or breach or compromise of its security program or network.  The Affiliate shall, as soon as practicable, take all commercially reasonable necessary and advisable corrective actions, and shall cooperate, consistent with the Company’s obligations to protect confidential data, in all reasonable efforts to investigate the Data Incident, to mitigate the adverse effects, and to prevent its recurrence.  If any Data Incident triggers the Company’s legal obligations to provide notice to its users, then the Affiliate shall pay for the other Party’s reasonable expenses related to addressing its legal obligations for the Data Incident.

7.10. the Affiliate shall not transfer any Personal Data outside the United States of America without the prior written consent of the Company.

 

  1. WARRANTIES

8.1. Each Party represents and warrants to the other that it has and will retain, throughout the Term, all rights, title and authority to accept the terms of this Agreement. Each Party grants to the other Party all relevant means to perform the obligations mentioned under this Agreement.

8.2. Each Party to this Agreement represents, warrants and undertakes to the other that it has obtained and will maintain in force all necessary registrations, authorisations, consents and licences necessary to fulfil its obligations and that it fully complies with, and shall continue fully to comply with, the conditions set out under article 3 and all applicable laws and regulations. The Affiliate further represents, warrant and undertakes that it has not been and is not currently subject to any regulatory or legal action in any country in the world.

8.3. The Affiliate represents, warrants and undertakes that the Affiliate Site shall not contain, or link to, any material which is defamatory, pornographic, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third-party rights.

8.4. The Affiliate shall display the following message in the sites or otherwise media channels where the Content is displayed: “If you or someone you know has a gambling problem, and wants help, call or visit: (a) the local Council on Compulsive Gambling at 1-800-Gambler or www.800gambler.org; or (b) Gamblers Anonymous at 855-2-Call GA or www.gamblersanonymous.org.” The Affiliate shall display this language at all times in a legible and comprehensive manner.

8.5. The Affiliate must not deliberately provide facilities for gambling in such a way as to appeal particularly to minors, for example by reflecting or being associated with youth culture.

8.6. The Affiliate acknowledges and accepts:

  1. The Company’s compliance with the EGBA standards and its responsible gaming and betting policy;
  2. Its obligation to comply with said standards and policy (EGBA standards available online: http://www.egba.eu/responsability/egba-standards).
  3. DISCLAIMER

The Company makes no representation that the operation of its website will be uninterrupted or error-free and the Company will not be liable for the consequences of any interruptions or errors.

  1. INDEMNITY

The Affiliate shall indemnify on demand and hold harmless the Company and each of its associates, officers, directors, employees, agents, shareholders and partners from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Company resulting from any breach, non-performance or non-observance by the Affiliate of any of the obligations or warranties specified under this Agreement.

 

  1. LIMITATION OF LIABILITY

11.1 Nothing in this article 11 shall limit the Company’s liability for death or personal injury resulting from negligence or fraud.

11.2 The Company’s aggregate liability in respect of any loss or damage suffered by the Affiliate and arising out of or in connection with this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of Commission actually paid by the Company to the Affiliate pursuant to this Agreement in the 12 months prior to the event giving rise to such liability.

11.3 The Company shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:

11.3.1  any losses arising from any interruption, problem or error in the operation of or `                                           changes made to the Company’s Products and/ or Technical Platform;

11.3.2    any loss arising from or in connection with loss of revenues, profits, contracts or business or failure to realise anticipated savings;

11.3.3    any loss of goodwill or reputation; or

11.3.4    any indirect or consequential losses suffered or incurred by the Affiliate arising out of or in connection with any other matter under this Agreement.

11.4 Except as expressly provided for in this Agreement all conditions, warranties and representations implied by statute, common law or otherwise are excluded to the extent permitted by law.

  1. CLOSURE OF A MARKET

The terms of this Agreement shall no longer be considered applicable in the event the Company is obliged to leave a market due to market condition changes, legal and/or regulatory changes. In such cases, the existing customer accounts opened within that market can be closed.

  1. TERM AND TERMINATION 

 

13.1. The terms of this Agreement apply from the date the Company notifies the Affiliate that its application has been successful in accordance with the introductory provisions of this Agreement and shall continue thereafter unless and until terminated according to this article 13.

13.2. The Company may terminate this Agreement immediately by written notice if:

  1. the Affiliate commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other;
  2. the Affiliate becomes insolvent or is unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium;
  3. the Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner or in case the Purchasing Company’s (specified under article 3.5 of this Agreement) activities are either in conflict with the Company’s (for example the Affiliate Site is purchased by companies providing the same or similar services) or if its practices falls within article 8.3 of this Agreement;
  4. the legal and/or regulatory situation in the market has changed or is in the process of changing to such an extent that the objectives of the Agreement can no longer be achieved and/or no longer correspond to the market reality;
  5. if the Affiliate does not generate any New Depositing Customers for a period of 6 months, except in markets where affiliate activity is restricted (e.g. Netherlands);
  6. if the Company suspects – and has reasonable proof – that the Affiliate is engaging in illegal activities or has repeatedly breached the provisions this Agreement.

13.3. The Affiliate may terminate this Agreement:

  1. If it does not agree with the changes made to the Agreement and notified to them by the Company.
  2. If it does not agree with the changes made to the Reward Plan as a result of any breach mentioned under articles 3.9 and/or 6.6 of this Agreement.

However, the Affiliate’s continued participation in the Program will constitute binding acceptance to the changes mentioned above.

13.4. Notwithstanding articles 13.1, 13.2 and 13.3, either Party may terminate the Agreement at any time by giving thirty (30) days written notice to the other Party.

 

13.5. Following termination of this Agreement, the Affiliate will only be entitled to receive the outstanding Commission due as of the effective termination date of this Agreement. However, the Company may reasonably withhold the Affiliate’s final payment to ensure that the correct amount is paid. After such payment, the Affiliate will no longer be entitled to receive any other Commission.

 

13.6. For any and all termination notices, delivery via e-mail is considered a written and immediate form of notification.

  1. GENERAL PROVISIONS

 

14.1. Unless otherwise provided for, this Agreement shall constitute the entire agreement and understanding superseding any previous agreement – between the Parties.  Each Party acknowledges and agrees that by entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.

14.2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by the law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

14.3. The Affiliate shall not, without the Company’s prior written consent, assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-licences or deals related to this Agreement or any other rights under it, or sub-contract any or all of its obligations under it or purport to do any of the same. Any purported assignment in breach of this article shall confer no rights on the purported assignee.

14.4. If any of the provisions of this Agreement shall be found by any authority to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

14.5. Any notice given or made to the Company under the terms of this Agreement shall be sent via email to affiliates@kindredgroup.com and marked for the attention of the Affiliate Account Manager (or as otherwise notified by the Company). The Company shall send the Affiliate any notices given or made under the terms of this Agreement to the email address in the Affiliates’ account within the Technical Platform. Any notice shall be deemed to have been received within 24 hours of delivery. If the receipt occurs before 9.00 a.m. CET on a Working Day, such notice shall be deemed to have been received on that specific day. If such receipt occurs after 5.00 p.m. CET on a Working Day, or on any day which is not a Working Day, the notice shall be deemed to have been received at 9.00 a.m. on the following Working Day.

 

14.6. Each Party undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other Party or of any member of the group of companies to which the other Party belongs which may have or may in future come to its knowledge. Each of the Parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.

14.7. Nothing in this Agreement is intended to or shall operate to create a partnership between the Parties, or to authorise either Party to act as an agent for the other. Neither Party shall have the authority to act in the name or on behalf of the other Party or otherwise to bind the other Party in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

14.8. Neither Party shall make any announcement relating to the terms of this Agreement nor its subject matter without the other Party’s prior written approval, except as required by law or by any legal or regulatory authority.

14.9. The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the laws of New York. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts of New York over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.

This Agreement was last updated on 01 April 2019
Source URL: http://www.kindredaffiliates.com/terms-conditions
Links:[1] http://www.oanda.com

 

APPENDIX A

  1. Kindred Affiliates Advertising Guidelines

As a licenced operator in multiple jurisdictions, the Company together with its parent company Kindred Group plc prides itself in being a leader in the areas of responsible gaming and corporate social responsibility. Kindred Group plc is a leading member of trade associations such as the American Gaming Association and iDEA Growth.

As a member of the Kindred Affiliates Program (“Program”), advertising on behalf of the Company and representing its brands (“Brands”), the Company expects Affiliates to share these values and any advertising carried out on behalf of the Company must follow the regulations and rules issued by the relevant authorities.

For the avoidance of doubt, it is up to each Affiliate to ensure that it is compliant with all advertising guidelines and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of the Affiliate account with the Program.

This Appendix A forms part of the Kindred Affiliate Program Agreement (“Agreement”) and outlines how the Company’s Affiliates can promote its Brands effectively and lawfully.

Any enquiries regarding the Affiliate’s obligations under the Agreement, this Appendix A or under the relevant legal and/or regulatory requirements in the jurisdiction where the Affiliate is located should be referred to the Affiliate Account Manager or emailed to: affiliates@kindredgroup.com.

  1. Content

Affiliates can only use Content provided by the Company and located in the Media Gallery via its Program. The Affiliate must not alter the appearance and design of the Content in any way.

Using Content to promote Brands that has not been provided by the Company may lead to the suspension and/or termination of the Affiliate account.

  1. Customer Offers

When promoting Customer Offers, particularly welcome offers, enhanced price offers and free spins, Affiliates must be as clear as possible and must not mislead existing or future customers in any way. Affiliates must always make it clear that a promotion is a promotion.

The Company’s up-to-date list of welcome offers per Brand/market/country can be found at https://www.kindredaffiliates.com/welcome-offers/. Where possible, Affiliates must repeat the same phrase to describe the welcome offer to their users.

Affiliates must refrain from using phrases such as ‘Get free money’, ‘Risk-free’ or similar which may mislead the customer. A good rule of thumb is to use the copy that is on the banners or landing pages provided via the Company’s Affiliate platform accessible at: www.kindredaffiliates.com.

Affiliates acknowledge that the terms in the Content or any other promotion must not mislead the customer by omission, exaggeration or by any other means. The Content or any other promotion by the Affiliates must include the following mandatory terms:

1) Targeted players

Example: New players only / Existing players only / Selected players only

2)  Age restriction

The age restriction warning sign (+18) must always be displayed on all adverts, banners and campaigns

3) Deposit information

Example: No deposit required / Min deposit $xx etc

4) Information about offer

Example: Bonus is 100% match on 1st deposit up to $xx etc

5) Wagering requirements and bonus expiry

Example: 35x Wagering requirement / 3-day expiry etc

6) Information about bet limitations

Example: Min bet $xx / Max bet $xx when playing with a bonus etc

7) Game restrictions

Example: Free spins on Starburst / selected games only etc

8) Information about additional terms

9) Terms and Conditions (T&Cs) of promotional offers

 

If space is limited, significant terms of the promotion (points 1 to 7 above) must always be displayed in the offer and the term “T&Cs apply” must be displayed in the offer as a link to additional terms and T&Cs of the promotion one click away. The link should refer to either the Affiliate’s page where the T&Cs are displayed or the Company’s Brand site where the full set of T&Cs of the promotional offer must be visible.

 

The Content provided by the Company via the Media Gallery will always be compliant with the above requirements.

 

The Affiliate shall display the following message in the sites or otherwise media channels where the Content is displayed: “If you or someone you know has a gambling problem, and wants help, call or visit: (a) the Council on Compulsive Gambling of New Jersey at 1-800-Gambler or www.800gambler.org; or (b) Gamblers Anonymous at 855-2-Call GA or www.gamblersanonymous.org.” The Affiliate shall display this language at all times in a legible and comprehensive manner.

 

  1. Tipsters

Any Affiliate Site or social media page which publishes betting tips or hosts challenges/competitions encouraging others to do so:

  • must make it clear that any subsequent betting activity is done at the customer’s own risk;
  • must never imply that success is guaranteed;
  • must provide tips in a responsible, fair and transparent manner;
  • must not encourage individuals to re-invest winnings and;
  • must not provide inaccurate or misleading information about betting tips and the success of them.

Affiliates must never falsify betting results or manipulate images to suggest that results were more favourable than they were. Any Affiliate that is found to have misrepresented betting results will have its Affiliate account terminated immediately.

  1. Email Marketing

Affiliates are not permitted to engage in any email marketing activities on behalf of the Company.

  1. Social Media

Any links posted by Affiliates on Facebook, Twitter and any other relevant social media channels can only link to the Affiliate’s own website in the first instance, which in turn should contain compliant promotional text and then link to the relevant Brand.

Affiliates must not post any Affiliate links directly on their social media page(s). Any Affiliates found to have done so will have its Affiliates account suspended and/or terminated.

The aforementioned guidelines on Content and Customer Offers are also applicable to social media posts.

In addition, Facebook, Twitter and other social media have their own guidelines and policies regarding the advertising of gambling products and the Affiliates must comply with such guidelines and policies For example, if promoting gambling through a Twitter, Facebook or any other social media handle, an 18+ statement (or 21+ in some jurisdictions) must be included in the Affiliate’s page bio and any relevant agreements/addendums between the Affiliate and the social media companies must be concluded and signed.

Some useful links to Facebook’s and Twitter’s advertising policies are included at section 17 of Appendix A.

  1. Paid Social Advertising

Any paid social advertising conducted by an Affiliate should promote the Affiliate’s own site(s) and not the Brand site(s). It should not be possible for a customer to confuse an Affiliate’s advertising for that directly carried out by any of the Brands. If in any doubt, Affiliates should contact the Affiliate Account Manager before publishing any campaigns.

In addition, depending on the jurisdiction being targeted, the Affiliate may be required to sign an addendum to promote the Company’s Brands in this way. For more information, Affiliates should contact the relevant social network via the links provided at section 17 of Appendix A.

  1. Advertorials

The Company does not wish for its Brands to feature in any advertorials.

Any Affiliate found to be running this sort of activity will have its Affiliate account terminated.

  1. Media Buying

Affiliates are not permitted to engage in any media buying promoting the Company’s Brands through advertising exchanges, programmatic networks, etc without prior written consent from their Affiliate Account Manager.

 

  • Pop-Under Campaigns

Affiliates must not use framing techniques such as pop-up or pop-under windows to promote the Brands.

Any Affiliate found to be running this sort of activity will have its Affiliate account suspended and/or terminated.

  • Pay-Per-Click Campaigns

Affiliates wishing to run Pay-Per-Click (PPC) campaigns:

  • must link to the Affiliate Site and not the Brand site;
  • must not bid on the Brand names or trademarks, or misspellings thereof;
  • must not use the Brand names in display URLs or ad copy;
  • must add the Brand keywords to the phrase match negative keywords list on their accounts.

 

Any Affiliate found to be in violation of the above may have its Affiliate account suspended and/or terminated.

  • Domain Names/URLs

Affiliates must not register or purchase any domain names which are identical or similar to, or misspellings of, the Brand names or trademarks.

Any Affiliate who uses domain names in breach of this rule to send traffic to our Brands will have its Affiliate account terminated and further legal action may be taken against the Affiliate.

  • Mobile Apps

Any Affiliate wishing to release mobile apps into the Apple, Google Play or other App stores must ensure that the App name does not include any Brand names or trademarks, or misspellings of Brand names. Any Affiliate found to have done so will be asked to remove the App immediately and may have its Affiliate account suspended and/or terminated.

  • SMS

The Company has decided not to engage in any SMS activity through a third party for the foreseeable future. Any Affiliate found to be running SMS activity will have its Affiliate account terminated immediately.

  • Live Streaming

The Company holds a Watch & Bet live streaming licence. Affiliates are not permitted to advertise the service as a pure streaming service without a connected message relating to betting. For example, ‘Watch and Bet with Unibet (funded account required)’

Furthermore, Affiliates are not allowed to mention the word ‘Free’ in any of their advertisements relating to live streaming. In addition, La Liga and Australian Open Tennis must not be advertised without reference to another league or sport, i.e. ‘Watch and bet on La Liga, Serie A and Ligue 1 here (funded account required).’

Finally, Affiliates are not allowed to suggest Unibet’s live streaming service is a substitute to coverage available on ‘TV’, a ‘Digital Game Pass’ or anything relating to live streaming alternatives.
eg “Don’t have BT subscription?  Watch the Live stream on Unibet TV instead” – would be unacceptable.

In summary, Affiliates:

  • Must ALWAYS include the word bet (local language accepted) in every sentence when referring to watching or live streaming; and
  • Must NEVER include the words free, or anything relating to live streaming alternatives (Game Pass, broadcaster, and the like).

Any Affiliate found to be in violation of the above may have its Affiliate account suspended and/or terminated.

  1. Useful Links for Affiliates

Social media policies links are referred to below:

Facebook general advertising policies:

https://www.facebook.com/policies/ads

Facebook policy on Real money gambling:

https://www.facebook.com/policies/ads/restricted_content/gambling

Twitter general advertising policies:

https://support.twitter.com/articles/20169693

Twitter policy on advertising Gambling content: https://support.twitter.com/articles/20170426

These links are provided solely for informative purposes and should not be seen to be exhaustive. For the avoidance of doubt, it is up to the Affiliate to ensure that they are compliant with all advertising guidelines and legislation around the promotion of online gaming in the relevant jurisdiction. Any transgressions will lead to the suspension and possible termination of Affiliate account with the Program.