This agreement contains all of the terms and conditions between 188BET and the individual or organization (the "Affiliate") participating in the 188BET Affiliate/Agent Program (the "Program"). "Customer" is defined as a person that opens a new 188BET account and makes a deposit. Enrollment in the Program To begin the enrollment process, a potential Affiliate will submit a complete Program application via the 188BET website. 188BET will evaluate the application and notify the potential affiliate of their acceptance or rejection to the program. 188BET may reject any application if we determine, at our sole discretion, that the submitted website is unsuitable for the Program. 188BET’s Rights and Obligations Register your Customers – 188BET will register your customers and will track their play. By opening an account with 188BET, the Customer agrees that all 188BET client rules, policies and operating procedures will apply to them. 188BET reserves the right to refuse Customers or close their accounts if necessary to comply with any requirements we may periodically establish. Track Customers' Play – Affiliates will be able to track their Customers' play by logging on to the Affiliate site to see reports summarizing customer activity. The reports will track customer accounts generated by Affiliate's marketing efforts and any commissions earned. All customer tracking statistics will be made available for affiliates to view three days after their registration date. Pay Commission Fees - 188BET will pay Affiliate commission fees as set out in Section 4. Modification - 188BET may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by notifying the Affiliate via email, or by posting a notice or a new agreement on our website. Modifications may include, for example, changes in the scope of available commission fees, fee schedules, payment procedures, and referral program rules. If any modification is unacceptable to the Affiliate, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our website will constitute binding acceptance of the change. Affiliate's Rights and Obligations Affiliate shall use best commercially reasonable efforts to actively and effectively advertise, market and promote 188BET as widely and aggressively as possible in order to maximize the financial benefit to both Affiliate and 188BET. Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law and which reflect positively upon the business reputation of 188BET. Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of 188BET to their customers. Affiliate shall not create, publish, distribute, or permit any written material that makes reference to 188BET without first submitting such material to 188BET and receiving our prior written consent, which shall not be unreasonably withheld.
Commission Fee Calculation - 188BET will pay Affiliate on a monthly basis according to the following program. Revenue share model- 188BET will pay the Affiliate a percentage of the combined month Net Winnings for Sportsbook play generated as a result of a direct referral by the Affiliate:
Net Winnings is defined as:
188BET shall pay Affiliate monthly, in accordance with this contract for the preceding calendar month. Payment for the preceding month shall be made on or prior to the 20th day of each month. If Affiliate commissions earned do not exceed one hundred dollars ($100.00 SGD) in any given month, then payment will be carried over to the following month until they exceed $100.00 SGD. Payments will be made through the following methods: Moneybookers; Bank Wire (SGD$25 transfer fee); or a 188BET betting account. It is the responsibility of the Affiliate to select the method of payment and to pay transaction fees associated with their selected payment. Negative earnings are carried forward to the next month. Should the Affiliate close the month with a positive balance, payment will be issued if it meets the minimum requirements and commissions will be paid on the positive balance. Should the Affiliate close the month with a negative balance, this balance will be carried forward to the next month. Referral fees and commissions are based upon our good faith calculation based on our statistics and tracking methods. Duplicate Accounts and Self-Referral - Affiliate shall not open more than one Affiliate account without prior written consent from 188BET, nor will Affiliate earn commissions on their own or related persons 188BET account. Please note that you are not permitted to wager with your affiliate account. In the event a violation, 188BET has the right to void all current and future play as well as eliminate any earned commissions applicable from such play. Customers referred by the Affiliate shall not open more than one account. 188BET further reserve the right to ask any customer to provide sufficient documentation for us to be satisfied in our absolute discretion as to the customer's identity. In the event a violation, 188BET has the right to void all current and future play as well as eliminate any earned commissions applicable from such play. Affiliate will earn commissions for the life of the Customer, on all transactions the Customer undertakes at 188BET, for as long as the Affiliate remains an active member of the Program. An active member is defined as an Affiliate who remains in good standing and promotes 188BET to the best of their ability (as stated in section 3, paragraph 1).
If a Customer registered through an Affiliate is banned from play for any reason, and 188BET has to return any deposited money to the Customer, 188BET will not pay Affiliate for the revenues generated by a banned Customer. If a Customer registered through Affiliate is being investigated for credit card, bank information or address verification, 188BET will withhold payments of profits generated from that Customer until the investigation is completed. A person may not maintain an affiliate and a referral relationship with 188BET concurrently. 188BET reserves the right to terminate all or either of the relationship should a person is found to have both relationships with 188BET and should there be any commission earned, it will be pro-rated up to the date of termination.
The term of this Agreement will begin upon 188BET's written confirmation of your acceptance into the Affiliate program. Either 188BET or Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party at least 7 days written notice of termination by email to affiliates@188service.com (Attention: Affiliate Manager). Affiliate performance will be reviewed regulary. This agreement can be terminated at any time without prior notice if the Affiliate is not an active member of the Program. 188BET has the right to terminate the agreement without prior notice if Affiliate breaches any terms or conditions of this agreement. Upon termination:
188BET and Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of 188BET. You will not make any statement, whether on your site or otherwise, that construes you have the right to represent 188BET.
Affiliate shall defend, indemnify, and hold our Clients, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach of warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Affiliate Program.
188BET makes no express or implied warranties or representations with respect to the Affiliate Program, or referral fees and commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site or our Clients' sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
188BET 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 commission program, even if we have been advised of the possibility of such damages. In addition, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission fees paid or payable to Affiliates under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the commission fees generated and is limited to direct damages.
Affiliate acknowledges that you have read this agreement and agree to all its terms and conditions. You understand that 188BET may at any time directly or indirectly solicit customer referrals on terms that may differ from this contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this referral program and are not relying on any representation, guarantee or statement other than set forth in this agreement.
This Agreement will be governed by the laws of the United Kingdom, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in London and you irrevocably consent to the jurisdiction of its courts.
Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent of 188BET. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against Affiliate and 188BET and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
If this Agreement is translated, the English language text shall prevail. Any other document provided in connection with this Agreement shall be in English or there shall be a properly prepared translation into English and the English translation shall prevail in the case of any conflict between them. Given the frequent fluctuation in global gaming legislation, acceptance of players and affiliates from certain countries is subject to change. 188Bet will notify via email if the jurisdictions from which 188Bet wishes to accept affiliates and customers is amended. |
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