This Agreement is put into effect for all Acquired Customers (Please see Terms and conditions below). The parties to this Agreement are Comfortlink N.V. ('Betrally') and the individual or entity participating in its Affiliate Program ('Affiliate'). The subject matter of this Agreement shall be the implementation of a link provided by Betrally on the Affiliate's web site with the aim of establishing an advertising cooperation ('Affiliate Program') for the mutual benefit of the parties hereto. This Agreement contains the terms and conditions that apply to Affiliate's Participation in the Affiliate Program. The Terms and conditions further set out below are an inseparable part of This Agreement
These terms and conditions have been created to protect you and Betrally, so you can get the best possible return from our cooperation. If you have any questions regarding these terms, please get in touch and we'll be happy to assist.
1.1. In this agreement 'Acquired Customers' are defined as customers of Betrally who
(i) have not yet set up a betting account,
(ii) have come to the Betrally homepage following a link from an Affiliate web site,
(iii) sign up for Betrally's services within 30 days.
1.2. The term 'Net Profit' refers to the gross win made at Betrally by betting activities minus any of the following:
(i) Bonus payouts
(ii) Betting and gaming taxes
(iii) Software royalties
1.3. 'Fraud Traffic' refers to deposits, revenues or traffic generated through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm.
This could include:
(i) Deposits performed via stolen credit cards
(ii) Collusion, manipulation of the service or system, bonuses or other promotional abuse,
(iii) Creation of false accounts for the purpose of generating Affiliate commission,
(iv) Unauthorized use of any third-party accounts, copyrights, trademarks and other third-party intellectual property rights.
2. Betrally’s Rights and Obligations
2.1. Upon the start of this Agreement, Betrally will assign a partner identification code to the Affiliate. The Betrally registration system uses these assigned link codes to identify customer referrals from the link of the Affiliate's web site.
2.2. Betrally shall develop and make available marketing tools for the advertising space of the Affiliate and may update such Links from time to time.
2.3. Betrally has the right to monitor the Affiliate site to ensure the Affiliate is complying with the terms of this Agreement and the Affiliate shall provide Betrally with all data and information (including passwords) to enable Betrally to perform such monitoring at no charge.
2.4. Betrally shall bear any costs of creating graphical representations of the Link. Betrally shall administrate the turnover generated via the Links, record Revenue Base and the total amount of the Commission earned via the Link, provide the Affiliate with performance statistics online, and handle all customer services related to the business.
2.5. Should an Affiliate Account be suspected in fraud traffic, Betrally could suspend your commission for up to 180 days while Betrally investigate and verify the relevant transactions. We are not obliged to pay Affiliate commission for players who are not verifiably who they claim to be or are otherwise involved with Fraud Traffic. If we determine any activity to constitute Fraud Traffic, or to otherwise be in contravention of this Agreement, then Betrally may:
(i) pay the Affiliate commission in full,
2.6. Betrally reserves the right to reduce Affiliate commission percentages if the Affiliate reduces efforts to recruit new Acquired Customers. The Affiliate's reduced or suspended promotion of our sites will be deemed to represent termination of this Agreement.
3. Affiliate’s Rights and Obligations
3.1. As the Affiliate you are responsible for
marketing to potential Acquired Customers and referring them to Betrally. You
are solely liable for the content and manner of such marketing
3.2. Throughout the term, we expect you as the
Affiliate to make sure that you are prominently incorporating and displaying
the most up to date links provided by Betrally.
3.3. As the Affiliate, you are not permitted to, nor should you authorize, assist or encourage any third party to participate in the following activities, which shall be deemed to be “Fraudulent”and the traffic generated through those same activities- a “Fraud Traffic”:
3.4. Changing the URL address of your Affiliate site does not constitute a change to this Agreement and does not affect the rights and obligations arising from this agreement.
3.5. As the Affiliate, you agree to give Betrally reasonable assistance regarding the display, access to, transmission and maintenance of the links.
3.6. All Betrally affiliates are required to refer a minimum of 5 active customers within a three-month period of joining the program. Should an affiliate not reach this requirement the affiliate account, belonging to the affiliate in question may not be qualified for any affiliate payment.
3.7. The company may refuse any applicant new customer or close a new customer's account if it does not comply with the company's policy and/or does not protect the interest of the company.
4. Commission and Payment Terms
4.1. Our standard commission type for all Affiliates is a net revenue share. Its payment structure for all affiliates is the currently published percentage (as detailed on the commission page of Betrally‘s affiliate program) of Net Revenue (as defined below) received during a certain period (as defined below).
4.2. "Net Revenues" shall mean all gross monies received by us from acquired customers through the Website(s) less all of the following: (i) monies paid out to acquired customers as winnings; (ii) monies paid in the form of betting duties or taxes or other statutory deductions or payments to licensing authorities; (iii) charges levied by electronic payment or credit card organisations; (iv) monies attributed to fraud; (v) returned stakes; (vi) provisions for transactions which are reversed by instruction from the card-holder's bank (commonly referred to as charge-backs); (vii) the cost of 'free bets', 'free chips' or bonuses provided to acquired customers as a promotional or marketing activity; and (viii) any Third Party license fees
4.3. Net Revenues received in currencies other than Euros shall be converted in accordance with Betrally's standard currency exchange policy.
4.4. If you would like to have your commission based on CPA (cost per acquisition), you should send an email to: email@example.com. Your application will be reviewed by one of our affiliate team and we'll respond to you within a reasonable timeframe. We do however reserve the right to refuse any CPA deal.
4.5. It is your responsibility as the affiliate to request pay-out once during every 12 month period. Betrally reserves the right to withhold the relevant part of credit in case of failure to comply.
4.6. Your Betrally affiliate account must have a minimum of 5 active referred Customers before you will be eligible for any affiliate payment.
4.7. Each month will carry the previous month's balance, whether it is negative or positive.
4.8. Affiliate payments are granted on a monthly basis and payable by the 20th of the month following the month in question. Our minimum pay-out is €100 or the equivalent, if the selected payment method is Moneybookers, Neteller or Webmoney, and €500 if the selected payment method is Bank Transfer.
5. Term and Termination
The term of this Agreement will take effect when the Affiliate signs up using our online form and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately.
Either party can end the agreement, with or without a reason, at any time. An email is considered a written and immediate form of notification of termination. The Affiliate will not be eligible to earn or receive Commissions after the effective termination date.
6. Exclusion of Liability
will not be liable for indirect, special, or consequential damages (or any loss
of revenue, profits, or data) arising in connection with this Agreement or the
Affiliate Program, even if Betrally has been advised of the possibility of such
7. Changes to this Agreement
7.1. We reserve the right to modify any of the terms of this Agreement at any time, at our sole discretion. However, if we need to make any changes to the terms we will either:
7.2. This Agreement is drafted in English. If we translate the Agreement into another language, this English language version shall still take precedent, whatever the event.
8.1. Nothing in this Agreement shall constitute any license, assignment, transfer or any other right to 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 the performance of this Agreement.
8.2. To avoid any doubts, statistics provided during the month might have some inaccuracies due to continuous activities or uncompleted transactions of Affiliate's assigned customers.
8.3. This Agreement shall be governed by and construed in accordance with English law. Any disputes arising hereunder will be settled before the English courts.
8.4. Should one of the contractual provisions be or become ineffective, all other stipulations of the Agreement shall continue in full force and effect.