Affiliate Program Terms and Conditions Please carefully review these terms and conditions of the program before registering and becoming an affiliate, as they establish our legal rights and obligations, as well as yours, related to our affiliate program. You must agree to the Terms and Conditions to become an Affiliate. If you have any questions or comments about our affiliate program at InPlaybet.com, please contact our team via afiliados@inplaybet.com Definitions For the purpose of interpreting the terms of this contract, we shall consider the following definitions: "Account Approval Email" refers to an email sent by the Company to an Affiliate, in accordance with Clause 2.3, confirming the acceptance of the applicant into the Affiliate Program. "Affiliate" means the individual or legal entity identified as the applicant in our Affiliate program in the Registration form. "Affiliate Program" refers to the affiliate program of the Company's Online Gaming website, www.inplaybet.com. "Affiliate's Website" means the website(s) owned and operated by the Affiliate and specified in the Registration Form. "Company" refers to the online gaming platform www.inplaybet.com, also known as inPlaybet or Company. "Effective Date" refers to the date on which the Contract becomes effective, as specified in Clause 2. "Force Majeure Event" - refers to an event or a series of related events, beyond the reasonable control of the affected party, including but not limited to internet failures or issues, hacker attacks, viruses or attacks by viruses or other malicious software, power failures, changes in the law, disasters, explosions, fires, floods, riots, terrorist attacks, and wars. "Intellectual Property Rights" means all intellectual property rights worldwide, registered or unregistered, including applications or rights to apply for such rights. This includes copyrights and related rights, moral rights, database rights, confidential information, trade secrets, know-how, trade names, business names, domain names, trademarks, service marks, unfair competition rights, patents, utility models, semiconductor topography rights, and rights in designs. "Leads" refer to tracked individuals who have registered and used the inPlaybet website as a result of the Affiliate's promotion. "Link" means a hyperlink (embedded in text, image, or otherwise) from the Affiliate's Website to the website www.inplaybet.com, in the format, design, and position specified on the website www.inplaybet.com. "Parties" means the Affiliate and the Company. The Affiliate and Company may be referred to individually as a "Party" or collectively as the "Parties". "Payments" refer to the payment of a reward for each new registration with a deposit made and at least one bet placed, or a percentage of the Net Gaming Revenue, based on the Affiliate's prior written election. The specific method of payment will be confirmed in the confirmation email sent by the Company to the affiliate for each payment action during the term, subject to the provisions of the contract. "Payment Action" refers to bets made by a user who initially visited the website www.inplaybet.com through a link and placed a bet within 30 days of their initial visit. "Net Gaming Revenue" is defined as the total amount wagered by the leads, minus the total amount won, minus the bonuses provided to the leads by the Company, minus any chargebacks, in a period after deducting taxes and fees (or equivalents or substitutes, based on prevailing rates), and other expenses. This includes:
Website www.inplaybet.com" refers to the website accessed by the URL www.inplaybet.com. 1.2 In the Contract, a reference to a statute or statutory provision includes a reference to: (a) That statute or statutory provision as modified, consolidated, and/or re-enacted from time to time. (b) Any subsidiary legislation made under that statute or statutory provision. 1.3 The headings of the clauses do not affect the interpretation of the Contract.
2.1 To apply as an affiliate, the applicant must complete and submit the Registration Form and accept these terms and conditions during the registration process. 2.2 If the applicant makes any errors during the application process, they may correct it before submitting the Registration Form. 2.3 The Contract shall come into effect when the Company sends the Account Confirmation Email to the Affiliate, after receiving a complete Registration Form. 2.4 The Contract shall remain in force indefinitely, unless terminated in accordance with Clause 11.
3.1 The Company may request reasonable amendments to the Links and/or the Affiliate's Website during the Term, to ensure consistency and quality in the use of the Company's trademarks and visual identity. The Affiliate must make such amendments within 7 days from the request.
4.1 The Affiliate must provide the Company: (a) The cooperation required by the Company (acting reasonably) in relation to the Affiliate Program. (b) All information and documents required by the Company (acting reasonably) in relation to the Affiliate Program. 4.2 The Affiliate must: (a) Keep the Affiliate's Website up to date and fully functional. (b) Ensure that the quality of design, content, and functionality on the Affiliate's Website does not significantly deteriorate during the Term. (c) Ensure that all marketing related to the Affiliate's Website, both online and offline, complies with applicable laws, codes of practice, and industry best practices. 4.3 The Affiliate must not: (a) Include any Prohibited Materials on the Affiliate's Website or include hyperlinks to any Prohibited Materials on the Affiliate's Website. (b) Market the Affiliate's Website using spam or unsolicited emails or other unsolicited communications, spyware, parasiteware, adware, or similar software, or any other antisocial or deceptive methods. (c) Engage in fraudulent or deceptive methods to increase or attempt to increase the number of "Payment Trigger Events". (d) Make any public disclosure about the Contract without the prior written consent of the Company. (e) Include hyperlinks to the Website www.inplaybet.com from the Affiliate's Website that are not Links. (f) Making any negative reference to the Company or the website www.inplaybet.com on the Affiliate's Website. 4.4 The Affiliate must refrain from taking any action related to the Affiliate Program that may reasonably harm the reputation and goodwill of the Company and/or the website www.inplaybet.com. 4.5 It is prohibited for the Affiliate to modify, impair, disable, or interfere with any tracking code or other technology necessary to ensure proper tracking. 4.6 Affiliates must not engage in spamming or send unsolicited emails. If the Company reasonably believes that an Affiliate is knowingly sending spam or unsolicited emails, the Company may, at its sole discretion, immediately terminate the Affiliate's participation in the Affiliate Program. 4.7 Each Affiliate is responsible for the quality and origin of the traffic they direct to the Company's Website. The Affiliate will always be held accountable for the quality and origin of this traffic. If an Affiliate intentionally directs traffic of questionable quality and/or origin to the Company, the Company may, at its sole discretion, immediately terminate the Affiliate's participation in the Affiliate Program. 4.8 In the event that an Affiliate accidentally or unknowingly directs traffic of questionable quality and/or origin to the Company's Website, the Company may issue a written warning to the Affiliate, notifying them about the questionable traffic. If, after three (3) written warnings, the Affiliate continues to direct traffic of questionable quality and/or origin to the Company's Website, the Company may, at its sole discretion, immediately terminate the Affiliate's participation in the Affiliate Program. 4.9 Affiliates are prohibited from copying another affiliate's website. The Company reserves the right to suspend and/or terminate an Affiliate's participation in the Affiliate Program if it is found that they copied another affiliate's website. 4.10 Affiliates must comply with all applicable legislation and/or regulations regarding the use of cookies. They must also follow all necessary notification procedures regarding the use of cookies for all visitors.
5.1 The Company grants the Affiliate a worldwide, non-exclusive, royalty-free license to electronically reproduce and publish the Links exclusively on the Affiliate's Website during the Term. 5.2 The Company provides no warranty that the use of the Links by the Affiliate will not infringe on any third-party intellectual property rights or give rise to any other liability for the Affiliate.
6.1 For each verified "Payment Action" event, the Company will make Payments to the Affiliate. 6.2 The Company will record all Payments in accordance with its internal policies, which may be revised by the company at any time provided that it gives at least 15 (fifteen) days' notice of any such change. 6.3 All Payments mentioned or related to the Agreement are subject to value-added tax (VAT), where applicable, and the Affiliate is solely responsible for paying any applicable VAT. 6.4 If required by law to deduct withholding tax or any other taxes or fees from the Payments, the Company will deduct the applicable amounts before making Payments to the Affiliate. 6.5 Payments to the Affiliate will be made in USD/EUR/BRL or any other agreed-upon method, by bank transfer or any other agreed-upon method, using the payment details provided by the Affiliate in the Registration Form. 6.6 In the event that the Company fails to make correct Payments due to the Affiliate under the terms of the Agreement, the Affiliate may charge the Company simple interest on the overdue amount at a rate of 0.4% per annum above the base rate of HSBC Bank PLC. 6.7 No Payment will be due for: (a) Bets on the Website www.inplaybet.com made by the Affiliate, any parent company or subsidiary of the Affiliate, any employee, agent or representative of the Affiliate or any parent company or subsidiary of the Affiliate, or any individual related to any of the aforementioned parties. (b) Amounts received by the Company through fraudulent or illegal use of a credit card, debit card, or other payment method, or through any other fraudulent or illegal means. (c) Purchases on the Website www.inplaybet.com that are subsequently canceled, refunded, reversed, or disputed. In these cases, the Company may demand the refund of Payments made as a result of these purchases. 6.8 Both before and after termination, the Company has the right to set off any amount owed to the Affiliate against any amount that the Affiliate owes to the Company, whether under the Agreement or otherwise, as well as against any loss or damage suffered by the Company arising from the acts or omissions of the Affiliate.
7.1 Each Party warrants to the other Party: (a) That it has the legal right and authority to enter into and perform its obligations under the Agreement. (b) That it will perform its obligations under the Agreement with reasonable care and skill. 7.2 All responsibilities and obligations of the Parties with respect to the subject matter of the Agreement are expressly set forth in the terms of the Agreement. To the maximum extent permitted by applicable law, no other term relating to the subject matter of the Agreement will be implied into the Agreement or any related contract.
The Affiliate agrees to indemnify and hold harmless the Company, as well as the employees, representatives, agents, and subcontractors of the Company, from all damages, losses, and expenses (including legal expenses) arising from any breach by the Affiliate of any term of the Agreement.
9.1 Nothing in the Agreement excludes or limits the liability of either Party for: (a) Death or personal injury caused by negligence. (b) Fraud or fraudulent misrepresentation. (c) Any other liability that cannot be excluded or limited by applicable law. 9.2 Subject to Clause 9.1, the Company's liability to the Affiliate under the Agreement or any collateral contract, whether in contract or tort (including negligence), will be limited as follows: (a) The Company will not be liable for any loss of profits, income, anticipated savings, data, databases, software, damage to reputation, damage to goodwill, loss of business opportunity, or indirect, special, or consequential loss or damage. (b) The Company will not be liable for any losses arising from a Force Majeure Event. (c) The Company's liability in any year will not exceed the total amount paid or to be paid by the Affiliate to the Company under the Agreement during that year. (d) The Company's total liability will not exceed the total amount paid or to be paid by the Affiliate to the Company under the Agreement.
10.1 If a Force Majeure Event prevents or delays either Party from performing its obligations under the Agreement, those obligations will be suspended for the duration of the Force Majeure Event. 10.2 The Party affected by a Force Majeure Event must promptly notify the other Party of such event, which is likely to cause a failure or delay in the performance of its obligations under the Agreement. 10.3 The affected Party will take reasonable steps to mitigate the effects of the Force Majeure Event.
11.1 Either Party may terminate the Agreement by providing written notice to the other Party. 11.2 The Company may terminate the Agreement immediately (with or without written notice to the Affiliate) if the Affiliate: (a) Breaches any term of the Agreement. (b) Becomes insolvent or enters into any insolvency process or procedure. (c) In the case of an individual Affiliate, if the Affiliate dies, becomes incapacitated due to illness or incapacity to manage their own affairs, or becomes the subject of a bankruptcy petition or order. 11.3 If an Affiliate fails to generate any referrals for the Company for a period exceeding three (3) months, the Company may terminate the Agreement with or without prior notice to the Affiliate.
12.1 Upon termination, all provisions of the Agreement will cease to have effect, except for the following provisions, which will survive and remain in force according to their terms or indefinitely: Clauses 1, 8, 9, 12, and 13. 12.2 If the Agreement is terminated by the Company in accordance with Clause 11.2, the Company will have no obligation to make any additional Payments to the Affiliate. 12.3 Subject to Clause 12.2: (a) The Company will pay the Affiliate all Payments arising from triggered Payment Events occurring up until the effective date of termination of the Agreement, in accordance with the terms of the Agreement. (b) Termination of the Agreement will not affect the accrued rights of both Parties up to the date of termination. 12.4 Provided the Company has paid or pays the Affiliate the amounts due correctly on the date of termination, which may be subject to any deductions allowed by the Agreement or otherwise, the Company will have no further liability to pay any additional sums to the Affiliate.
13.1 Any notice given under the Agreement must be in writing and may be delivered personally, sent by prepaid first-class mail, or sent by fax or email. The notice must be addressed to the relevant person, at the address, fax number, or email address specified in the Registration Form (in the case of the Affiliate) or on the website www.inplaybet.com (in the case of the Company), or as notified by one Party to the other in accordance with this Clause. 13.2 A notice will be considered received at the following times: (a) If delivered personally, at the time of delivery. (b) If sent by first-class mail, 48 hours after being sent. (c) If sent by fax or email, at the time of transmission (provided the sending Party retains written evidence of transmission). 13.3 No waiver of any provision of the Agreement will be considered a waiver of any subsequent breach of the same or any other provision. 13.4 If any provision of the Agreement is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions of the Agreement will continue to be valid and enforceable. If any illegal or unenforceable provision can be valid or enforceable if part of it is deleted, that part will be deemed deleted, and the rest of the provision will continue to be valid and enforceable (unless the deletion of the part contradicts the clear intention of the Parties, in which case the entire provision will be deemed deleted). 13.5 The Agreement does not create a partnership, agency relationship, or employment contract between the Parties. The Affiliate must not make any statement on the Affiliate's website or otherwise imply or suggest the existence of any such relationship between the Parties. 13.6 The Company may amend the Agreement by posting a new version on the affiliate platform https://affiliates.inplaybet.com, and website www.inplaybet.com and notifying the Affiliate in writing of the amendment. The Affiliate's continued participation in the Affiliate Program after receiving such notice will constitute acceptance of the revised Agreement. 13.7 The Company has the right to freely assign its rights and obligations under the Agreement without requiring the consent of the Affiliate. 13.8 The Agreement is entered into for the benefit of the Parties and is not intended to confer rights or be enforceable by any third party. The Parties' rights to terminate, rescind, or agree to any amendment, waiver, variation, or settlement under the terms of the Agreement are not subject to the consent of any third party. 13.9 The Agreement will be governed and interpreted in accordance with the laws of Curaçao. 13.10 The Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter of the Agreement and supersedes all prior agreements, arrangements, and understandings between the Parties relating to it. Each Party acknowledges that no representation or promise not expressly contained in the Agreement has been made on behalf of the other Party. 13.11 Any waiver by either Party of a breach of any provision of the Agreement will not be considered a waiver of any subsequent breach of the same or any other provision. 13.12 The headings used in the Agreement are for convenience only and do not affect the interpretation of the Agreement. 13.13 If any dispute arises out of or in connection with the Agreement, the Parties will attempt to resolve it amicably through good-faith negotiations. If the Parties fail to reach a resolution within a reasonable period, either Party may refer the dispute to mediation or alternative dispute resolution mechanisms as agreed by the Parties. 13.14 If mediation or alternative dispute resolution is unsuccessful or not sought, any dispute arising out of or in connection with the Agreement will be subject to the exclusive jurisdiction of the courts of Curaçao. 13.15 Nothing in the Agreement will prevent the Company from exercising any rights or remedies available to it under applicable law or in equity. 13.16 The Company reserves the right to take any legal action necessary to protect its rights and interests in the event of a breach of the Agreement by the Affiliate. 13.17 The affiliate program of Inplaybet assesses the quality and integrity of referrals from our partners. Therefore, in some cases, we reserve the right not to pay partner earnings under the CPA commission model and/or any other fixed fees, and change the revenue share amount if the referred players fails to meet the minimum required quality. Situations that may trigger review and possible adjustment to the affiliate's compensation include, but are not limited to: (i) Players holding multiple accounts. (ii) Player activities leading to chargebacks in excess of 5% of the aggregate turnover. Moreover, the Company vigilantly observes for patterns that may be indicative of suboptimal referrals. Such patterns include: (i) A registration rate that is below our accepted standard. (ii) First deposit rates that fall below 50%. (iii) Return rates to the site www.inplaybet.com of less than 50%. (iv) Repeat deposit rates by players that are under 50%. In the event that such patterns are identified, the Company reserves the right to adjust the affiliate's compensation to be based solely on the Revenue Share model. 13.18 To ensure fairness and maintain a secure environment, we may also make adjustments to the partner's balance if a player referred through the affiliate link is suspected of engaging in fraudulent activities against InPlaybet. We are committed to providing a transparent and valuable affiliate program, and we take necessary steps to protect the interests of our affiliates and the integrity of the platform. 13.19 InPlaybet reserves the right to apply the turnover requirement for calculating Revenue Share commission by adding the turnover requirement at 3 times the deposit amount (note: deposit amount multiplied by 3). The turnover requirement for commission calculation means that the total amount of money wagered by the referred players needs to be 1.8 times the initial deposit amount made by these players. For example, if a player deposits $100, they need to wager a total of $300 (3 times the deposit amount) before the affiliate can earn commissions based on betting activity. This rule ensures that players remain active and engaged with the games or betting platform before the affiliate can receive their commissions. 13.20 It is expressly prohibited by our policies for affiliates to rank on Google using our keywords: Inplaybet and its variations. 13.21 The Affiliate is only permitted to register one account in the Service. Multiple accounts are subject to immediate termination if it is discovered that you have multiple accounts registered with us. By continuing to participate in the Affiliate Program, the Affiliate acknowledges that they have read, understood, and agreed to the terms and conditions set forth in the Agreement. |