AFFILIATE TERMS AND CONDITIONS
This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between the natural or legal persons completing, submitting and had approval for an Affiliate Sign Up Form (“Affiliate”, “you” and “your”) and, Greatodds Ltd (“us”, “we” and “our”). This Agreement includes all terms and conditions regarding your application and, if approved, your participation in the Affiliate Program.

These Terms are a binding contract between you and Greatodds Ltd which govern your participation in the Programme. By participating in the Programme, you agree to be bound by the most current version of these Terms. It is your responsibility to ensure that you are familiar with the most current version of these Terms. Your continued participation in the Programme after an updated version of these Terms is posted, shall constitute your express agreement to be bound by the updated Terms. In the event you do not agree with the updated Terms, your only recourse shall be to terminate your participation in the Programme.

1. GENERAL DEFINITIONS AND INTERPRETATIONS

1.1. In completing the Affiliate Sign Up Form (to be found at http://greatodds.partners ), and, subsequently marketing and referring Customers to any website owned, operated or powered by a member of Greatodds Ltd which on the Affiliate Sign Up Form you elect to promote (“Our Website”), you agree to be bound by all the terms and conditions set out in this Agreement.

1.2. In this Agreement, unless the context otherwise requires:

“Affiliate Account” means an account set up by you once you have completed the registration process. This account will show you any Commissions which you are owed from the signing up of Customers;

“Affiliate Sign Up Form” means the relevant form you must complete and submit to become a Greatodds affiliate;

“Banners” means display banners taking the form of hyperlinks which appear on Website pages;

“Commission” is as defined in clause 4. below and as set out in Appendix 1;

“Confidential Information” means all information relating to the Websites or otherwise disclosed by any member of the Greatodds Ltd including the concepts and ideas behind the Website, (i) all information relating to the administrative, financial or operational arrangements of the Greatodds Ltd, which information is of a secret or proprietary nature or is otherwise expressly stated by it to be confidential; (ii) all technical and non-technical information, data, drawings, experience, trade secrets and know-how relating to the business affairs, products, services, customers and strategies of the Greatodds Ltd, which is directly or indirectly disclosed to you, whether before or after coming into force of this Agreement, whether in writing, orally or electronically, including, without limitation, information or data relating to the Greatodds Ltd products, IT systems, ideas, software, design methodology, evaluation methodology and criteria, manufacturing processes and related equipment, suppliers, customers, business plans, strategies and financial situation and any notes, memoranda, summaries, analyses, compilations or any other writings relating thereto; and (iii) all analyses, compilations, studies and other documents prepared by or on behalf of the Greatodds Ltd and of its employees or
advisors;

Information in respect of which you can prove any of the following shall not be deemed to be “Confidential Information” for the purposes of this Agreement: (i) it was in the public domain prior to the date of coming into force of this Agreement or entered public domain after that date through no wrongful act or default by you; (ii) it is already known to you or is in your possession free of any obligation to keep it confidential at the time of disclosure; (iii) it is disclosed by you in accordance with the terms of a member of the Greatodds Ltd prior written approval; (iv) it was received by you expressly without obligation of confidence from a third party who did not acquire it under an obligation of confidence from the Greatodds Ltd; (v) it was developed by you completely independently of the information disclosed by the Greatodds Ltd; and (vi) it is information which you are obliged to produce pursuant to an order of a court or of a competent jurisdiction or administrative tribunal;

“Customers” means individuals who:
(i) have had no prior account with Our Website’s; and
(ii) we have no previous record of that individual’s personal email address or any other details that we deem to show a connection with a prior registered or existing account; and
(iii) who access Our Website solely through clicking links to Our Website on Your Website;and subsequently:
(a) open an account with Our Website; and
(b) make a deposit and game and/or place bets with Our Website;
with both (a) and (b) occurring within thirty (30) days of accessing Our Website pursuant to (iii) in this definition above; and
(iv) are tracked successfully to your Affiliate Account.

“Fraud Traffic” means deposits or traffic generated at the site through an illegal means or in bad faith that sets out to defraud the system or us in any way, regardless of whether or not it actually causes any harm or loss of revenue. Fraud Traffic includes but is not limited to spam, false advertising and unauthorised use of any third party copyrights or trademarks, accounts that are opened to make arbitrator bets, accounts that are linked to the affiliate or parent account, accounts where we have reasonable suspicion of collusion with other players of the affiliate account or otherwise accounts that are linked to the Affiliate’s accounts or with the affiliate account itself;
“Intellectual Property Rights” means any and all patents, trademarks, service marks, rights in designs (including semi­conductor topography design rights and circuit layout rights), get­up, trade, business or domain names, goodwill associated with the foregoing, e­mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web­formatting scripts (including HTML and XML scripts), know­-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements, all in relation to the Greatodds Ltd;

“Net Revenue” means the following:
(i) in relation to sports betting, the figure resulting from the calculation of the total sports betting revenues generated by Customers actually received by us less the winnings, less any taxes, credits, bonus or promotional amounts given to Customers, administration percentage fees, processing charges, chargebacks or any uncollectible revenue attributable to the Customers tracked to your Affiliate Account;
(ii) in relation to poker, the sum total of all Customers’ contributions to “rakes” and tournament fees while playing poker on Our Website, less any credits, bonus or promotional amounts given to Customers, administration percentage fees, processing charges, chargebacks or any uncollectible revenue attributable to the Customers. A Customer’s contribution to a “rake” shall be determined for any hand where the Customer was dealt cards by dividing the amount the Customer contributed in the hand by the total bet in the hand and multiplying this by the total “rake” of the hand in question. For example, if the Customer’s contribution to the hand is 5 units of currency and the total bet in the hand is 20 units of currency and the “rake” in the hand is 1 unit of currency then the Customer’s contribution to the “rake” shall be 5 divided by 20 multiplied by 1 which is 0.25 units of currency; and
(iii) in relation to casino and games, the sum total of all Customers’ gross bets on casino and games less pay-outs (as calculated by Our Website), less any credits, bonus or promotional amounts given to Customers, administration percentage fees, processing charges, chargebacks or any uncollectible revenue attributable to the Customers. “Term” means the term of this agreement from the date your Application is accepted by us thereby causing you to become an Affiliate under clause 2, until the date of termination in accordance with this Agreement; “Your Website” the website which you own or otherwise have the express rights to control that you will use to advertise to Customers and as notified to us on the Affiliate Sign Up Form. “Tracking Code” means a code used to link Customers to a specific Affiliate Account.

“Chargeback” Where a customer, a credit card issuing bank, or any other third-party payment solution provider effects a reversal of charges in relation to a credit card or purchase transaction.

“Commission” The commission earned in connection with the affiliate marketing activities performed in accordance with these Terms, such as Revenue Share. “Transaction fees” are fees the different payment providers charge on the player deposits and withdrawals. This fee is set to 10% of all deposits. This amount will be deducted before the affiliates commission is calculated, meaning it is shared between the affiliate and the operator.
“Admin fees” are the fees covering the cost by the playing customer. This includes, for example, game provider fees, licensing fees, jackpot contribution cost and VIP reward redemption. This fee is set to 10%. This amount will be deducted before the affiliates commission is calculated, meaning it is shared between the affiliate and the operator.
“Gaming Duty” shall mean any and all fees, duties, levies, taxes and charges incurred by us directly in relation to the utilisation of any of the gaming products made available on any such of the GreatOdds Websites which have been accessed by Customers via the links on your site charged by any governmental or regulatory authority in any territory.
“Fraudulent Activity” A deceptive act or omission which is, in the sole discretion of Greatodds Ltd, performed in order to secure a real or potential, unfair or unlawful advantage; or any conduct that Greatodds Ltd, in its sole discretion, determines to be fraudulent, deceptive or dishonest, which shall include, but shall not be limited to, fraudulent credit card transactions, Chargebacks, Match Betting, false or automated account creation and any collusion or cheating
by an Affiliate or a customer. “Fraud Costs” Any costs, damages or loss arising as a direct or indirect result of Fraudulent
Activity.
“Gross Win” (Sports & Casino): Total revenue generated by Greatodds Ltd as a result of all wagers placed by a referred New Customer, less pay-outs. For Sports, this is the total revenue from settled bets placed by referred New Customers, less pay-outs.
“Incentivised Traffic” Traffic or customer activity generated as a by-product of promising some form of compensation or incentive for taking an action on, or in relation to the, Greadodds Websites, including but not limited to registering a new account, depositing or wagering.
“Marketing Material” Banners, URLs, text, graphics and/or other promotional materials made available for marketing purposes through the Programme Portal.

“Match Betting/Arbitrage Betting” Any method of betting or wagering which is intended to give players a guaranteed win with no risk, including but not limited to the use of free bets.
“Prohibited Site” Any website, forum, social media platform or other communications medium, regardless of type, upon which the advertisement of gambling-related activity is unlawful or otherwise prohibited “Sub-Affiliate” A natural or juristic person who is recruited by an Affiliate to serve as a sub-affiliate either via an affiliate marketing network or by assignment or delegation of such Affiliate’s duties or obligations hereunder, as approved in writing by Greatodds Ltd per these terms and conditions discussed with the affiliate manager, upon arrangement.
“Deductible Costs” Any third party costs incurred by Greatodds Ltd ( in connection with the operation of the Greatodds Sites which are attributable to the activity of any New Customer(s), including but not limited to any payment processing charges, license fees, royalties, and other applicable third party payments.

2. PROGRAM APPLICATION AND ENROLMENT

2.1 If you are not already registered as a Greatodds Affiliate and wish to participate in the Programme, you must first submit a completed application on the Greatodds Programme Portal located at: http://greatodds.partners By submitting an application, you represent and warrant that:
a) the information provided in your Affiliate application is correct and up-to-date and you will update it as required on an ongoing basis in order to ensure that it remains correct;
b) you have not already registered as an Affiliate (only one Affiliate account is permitted per person per promoting country);
c) you are at least 18 years of age, legally capable of entering into a binding contract, and you are not aware of any legal, commercial, contractual or other restriction against your participation in the Programme in accordance with these Terms; and
d) in the event that you are registering on behalf of a company, that you have the full right, power and authority to enter into these Terms on behalf of the company.
2.2. By providing us with a completed Affiliate Sign up Form, you agree to abide by these Terms and Conditions in the event you are approved.
2.3. You will be required to submit Identification Documents within 14 days after the date you submitted your Affiliate Sign Up Form to us in accordance with the terms below.
2.4. We will review your Affiliate Sign Up Form and Identification Documents. and notify you in writing whether you have been accepted into the Affiliate Program or not. We may reject your Affiliate Sign Up Form if we determine that Your Website is not suitable for the Affiliate Program for any reason.
2.5. Identity and Disclosure. You must provide true and complete information to us at all times; including but not limited to, your identity, contact information, payment instructions, nationality, residency, location and nature of your marketing activities, and any other information that we may reasonably request in relation to your Affiliate Sign Up Form. If any information changes during the term of this Agreement, you will supply us with identification documents to support that change.
2.6. We may cancel your Affiliate Account and withhold any commission earned in the event that any further requests for Identification Documents by us at any time during the Term are not supplied.
2.7. By submitting your Application and Identification Documents, you are warranting that such Identification Documents are true copies which are complete and correct. The Identification Documents are solely used to verify the identity of the company or individual Affiliate. The Identification Documents will not be shared with any third party either without your prior written consent or unless we are obliged to produce them pursuant to an order of a court or of a competent jurisdiction or administrative tribunal.

3. MARKETING ACTIVITIES, PAY PER CLICK, RESPONSIBILITIES AND OTHER AFFILIATE OBLIGATIONS

3.1. You will use all reasonable efforts to market to and refer individuals to Our Website in order for them to become Customers solely at your own cost and expense including, but not limited to promoting the brand or brands of the Greatodds Ltd on Your Website, promotions and marketing campaigns.
3.2. When employing a Pay Per Click or Search Engine Optimisation strategy for any search engine you shall adhere to the following obligations:
3.2.1 You shall not compete against any Greatodds Ltd Pay Per Click Adword campaigns, this includes but is not limited to Exact Brand, Generic Brand, Broad Brand, Competitor, Sports and Casino Adword Campaigns where Greatodds Ltd has a Google Pay Per Click Adwords presents.
3.3. In order to retain your place on the Affiliate Program, you shall provide us with a minimum number of Customers each month during the Term. This is set out in Appendix 1.
3.4. In the event you do not fulfil this obligation in any month, we will be entitled to reduce your commission in respect of all Customers in that month until such time minimum requirements are met. Such reduction of commission is set out in Appendix 1.
3.5. Thereafter, subject to the minimum requirements being met by you in subsequent months, Commission for those Customers will revert to your original Affiliate Commission in those months.
3.6. In the event that you fail to meet the minimum requirement of Customers a month for two consecutive months, we may, at our sole discretion terminate your place on the Affiliate Program immediately on written notice to you.
3.7. You will be solely responsible for the content and manner of your marketing activities in relation to the Affiliate Program and you undertake to:
3.7.1. Your Website will not contain any material which is defamatory, violent, pornographic, unlawful, threatening, obscene or racially, ethnically, or otherwise discriminatory or in breach of any third-party
3.7.2. not actively target your marketing to minors, including any persons who are less than 18 years of age, regardless of the age of majority in the location you are
3.7.3. we may monitor Your Website to ensure you are complying with the terms of this Agreement and you will provide us with all data and information to reasonably enable us to perform such monitoring at no cost to us;
3.7.4. When requested by us via email or telephone, you will update all website content, banners and other promotional material to correctly represent required changes within 48 hours. Any Customer’s referred to Our Website via a link or banner displaying incorrect information after this period, to determine in each case by us acting reasonably, can be untagged from your Affiliate Account tracking code and no commissions in relation to such Customer will be paid;
3.7.5. You will comply with the Affiliate Code of Practice which might be amended from time to time.
3.8. We will make available to you, banner advertisements, button links, text links, poker tools, and other appropriate links or advertising material to place on Your Website which shall all relate to and/or link directly to Our Website (collectively referred to hereinafter as a “Link”), Such Links are provided to you on the basis of a non­exclusive, limited, non-transferable, ‘terminable on demand’ licence, which you may display on Your Website during the Term.
3.9. The use of the Links is the only method by which you may advertise Our Website. You shall not place the Links anywhere else other than on Your Website nor display data from the Links via any electronically accessible medium other than Your Website without our express written consent and you are not permitted to use the Links in any way which proves or is likely to prove detrimental to us.
3.10. You may not advertise Our Website in any other way including, without limitation, the use of spam emails. If we find that you have participated in such activities, we have the right to close your Affiliate Account immediately without notice and withhold all earnings due to you from the date such activity first took place until the date of termination.
3.11. You may not advertise Our Website on copyright infringing websites (for example, file sharing and streaming sites). If we discover such infringement made by you, we are entitled to terminate your Affiliate Account immediately and withhold all earnings due to you from the date such activity first took place until the date of termination.
3.12. In the event that you desire to offer certain incentives to potential Customers you are required to receive our prior written approval for each incentive prior to your commencement of such activity. In the event that you do not receive such written approval and offer such incentives anyway, we have the right to cancel your Affiliate Account, and not pay you any commissions due and payable to you.
3.13. As an affiliate, you shall provide us with all information regarding Your Websites and other channels where you are advertising The GreatOdds brand as prior agreed in writing with us. Such information must be added by you to your Affiliate Account within 5 working days of advertising.
3.14. Any endorsement by you of unauthorised bonuses or promotions will result in all revenues received with these bonuses or promotions being deducted from your monthly commissions. You are limited to the bonuses and promotions made available within your Affiliate Account or sent directly to you.

3.15. You warrant and undertake that:
3.15.1. You have full authority and capacity and all necessary permits, consents and licences to enter into this Agreement and submit the Affiliate Sign Up Form;
3.15.2. You will at all times conduct yourself with all due skill, care and diligence expected of you in the industry.
3.15.3. You will comply with any security guidelines and requirements as may be issued by the Greatodds Ltd from time to time.
3.15.4. All information you provide to us is correct and you will notify us immediately of any changes.

4. OBLIGATIONS ON AN AFFILIATE

4.1 In order to prevent the potential for abuse and Fraudulent Activity, Greatodds Ltd does not pay Commissions for customer referrals in certain circumstances, such as when you have an existing relationship with the referred customer. While decisions shall be taken on a case-by-case basis, we provide for illustration purposes the following non-exhaustive list of scenarios where Commissions shall not be paid:
4.2 You shall not earn a Commission on the activity of any Sub-Affiliate if: (a) in the event that you are a juristic entity, such Sub-Affiliate is your employee, director, shareholder or agent or (b) in the event that you are a natural person, such Sub-Affiliate is your employee, agent or direct family member;
4.3 You shall not earn any fees or Commissions on any additional Programme account set up by you, or on your behalf;
4.4 You shall not earn Commissions on any Programme account/s set up by your employees or immediate family members, or on their behalf; or
4.5 If you, or, if applicable, your employees, agents, or family members, sign up as a customer on one of the Greatodds Sites after being referred to the Site by you, we will not pay any Commissions or amounts related to such activity and we have the right to terminate your enrolment in the Programme and cancel these Terms.

5. GREATODDS LTD REQUIRES YOU AS AN AFFILIATE TO:

5.1.2. to source all databases legitimately;
5.1.3. to communicate with all data subjects lawfully;
5.1.4. to comply with the privacy statement of Greatodds Ltd as set out on the Greatodds website (http://www.greatodds.com); and
5.1.5. to ensure that content is not unlawful and/or that it will not expose GreatOdds Ltd to legal action.
5.2. Your marketing content as an Affiliate must not contain or include text or images that may be reasonably considered to:
5.2.1. be obscene;
5.2.2. be racially provocative;
5.2.3. be defamatory;
5.2.4. be religiously insensitive;
5.2.5. have specific appeal to minors or other categories of vulnerable persons;
5.2.6. link participation to luck, fate or similar;
5.2.7. create any superstitions or religious connection with participating in gambling;
5.2.8. make any association with sexual prowess or similar;
5.2.9. be reasonably or necessarily provocative or offensive, either generally having regard to
local practices, customs or sensitivities;
5.2.10. portray gambling as taking precedence over normal life;
5.2.11. breach third party requirements including but not limited to not getting consent, not
paying a royalty or copyright fee for use of data or images without consents or approvals;
5.2.12. regularly cross refer databases that include any self-excluded end users; and
5.2.13. appeal to data subjects under 18 years old.

6. SUB-AFFILIATES
6.1 All rights and licenses granted to you hereunder are non-transferable and non-sublicensable, save that you may, provided you comply with the terms of this Clause, assign or delegate your duties or obligations hereunder to a Sub-Affiliate or appoint a Sub-Affiliate in terms of an affiliate marketing network.
6.1.2. Accordingly, whether you are joining the Programme in the capacity of an affiliate marketing network or, wish to assign or delegate your duties or obligations hereunder to a Sub- Affiliate, any such appointment of a Sub-Affiliate(s) shall be subject to the following strict “Authorization of Sub-Affiliates Procedure”:
6.1.3. Before you engage a Sub-Affiliate for the purposes set out herein, you shall send the details of such Sub-Affiliate to Greatodds Ltd for approval in writing so we may assess such Sub-Affiliate’s compliance with the relevant Licence Conditions and Licensing Objectives, and Greatodds Ltd may use any other criteria it deems fit to assess, and approve or reject such Sub-Affiliate for purposes of the Programme.
6.1.4. In the event that Greatodds Ltd rejects a Sub-Affiliate proposed by you for approval, it shall list the reasons for such rejection and hereby agrees that it shall not approach any such rejected Sub-Affiliate directly for a period of six (6) months from the date you first introduced the Sub-Affiliate to the Greatodds Affiliate program. Such restriction on Greatodds Ltd to approach a Sub-Affiliate directly on our own accord shall not apply to any Sub-Affiliate(s) known to or introduced to Greatodds Ltd by any other independent means (i.e. not under your direction, recommendation, advice, or requirement) prior to or post its introduction by you to Greatodds Ltd. For the avoidance of doubt, this restriction shall only apply to affiliate marketing activities as contemplated hereunder and no other parts of Greatodds Ltd business operations.
6.1.5. Where the circumstances that lead to the rejection of a Sub-Affiliate change to such an extent that the Sub-Affiliate is now compliant (i.e. is in conformance with the relevant Licence Conditions and Licensing Objectives or any other criteria of assessment that Greatodds Ltd deems fit), then Greatodds Ltd may, (i) if within the timeframe, instruct you to re-engage such Sub-Affiliate for purposes of joining the Programme or (ii) if such period as specified has lapsed, approach such Sub-Affiliate directly to join the Programme.
6.1.6. You further represent, warrant and undertake that, in terms of Sub-Affiliates engaged for the purposes of an affiliate marketing network, that the terms and conditions of your marketing network are at least as restrictive as those set out herein, and that you shall be responsible for all activity undertaken by such Sub-Affiliates.
6.1.7. In relation to any Sub-Affiliate, other than a Sub-Affiliate appointed through an affiliate marketing network, Greatodds Ltd reserves the right in its sole discretion to require your Sub-Affiliates to join the Programme as a condition of their undertaking any activities as a Sub-Affiliate.
6.1.8. You further acknowledge that you are responsible for ensuring that all activity of any Sub-Affiliates is in full compliance with these Terms, and any duties and obligations applicable to you hereunder shall equally apply to the Sub-Affiliates. Between you and Greatodds Ltd, you shall be solely responsible for ensuring the full compliance with these Terms by Sub-Affiliates, and you shall remain solely responsible for any acts or omissions of your Sub-Affiliates in violation of these Terms.
6.1.9. Solely in relation to Sub-Affiliates appointed by means of assignment or delegation, you are entitled to receive a fixed rate of 2% of the Net Revenue generated by such single tier of Sub-Affiliates referred by you, and only when the Sub-Affiliate activity is undertaken in strict compliance with these Terms. You shall not receive any other payment or compensation from such Sub-Affiliates under these Terms, and you are not entitled to receive any payment from any sub-Sub-Affiliates or any other tier of affiliates other than a single tier of Sub-Affiliates. Any Commission you are entitled to for the appointment of a Sub-Affiliate in terms of an affiliate marketing network, shall be separately and explicitly agreed between you and Greatodds Ltd in writing.
6.1.10. Greatodds Ltd reserves the right in its sole discretion to request written documentation of your compliance with this Clause, and your failure to promptly provide such documentation upon request shall be deemed a material breach of these Terms.
6.1.11. Ownership of Customer Data
6.1.12. You acknowledge and agree that all information relating to any referred customer is the exclusive and sole property of Greatodds Ltd and that you shall have no rights therein whatsoever excluding any information that you gather independently, outside of your participation in the Programme.

7 . REPORTS & PAYMENTS
7.1. We will track the number of Customers you have brought to us on a month by month basis starting on the 1st of each month.
7.2. Subject to clause 4.2 above and unless otherwise expressly agreed in writing with us after a successful Application, we shall pay to you an agreed commission calculated as being a percentage of Net Revenue (“Commission”) and, save as otherwise agreed in writing, the Commission shall be payable in accordance with the terms of the Affiliate Sign Up Form. Commissions shall only be paid in respect to bets placed by Customers associated with your Affiliate Account. This does not include those Customers that were once associated with your Affiliate Account but have since been removed from your Affiliate Account pursuant to this Agreement.
7.3. Our measurements and calculations in relation to the number of Customers and the relevant Net Revenue figures on which your Commission is calculated shall be the sole and authoritative tool, and shall not be open to review or appeal.
7.4. Reports: We will track and report all Customer activity for purposes of calculating your Commission.

8. COMMISSION CALCULATIONS

8.1. You are eligible to earn Commission payments in connection with gambling activity by New Customers referred by you, as further set out herein. You understand and agree that we may vary these Commission rates from time to time, in our sole discretion.

8.2. You are only eligible to receive ongoing Commission payments during your participation in the Programme, and only during the time you continue to refer New Customers in accordance with these Terms. You will no longer receive Commission payments in the event your participation in the Programme is terminated for any reason.
8.3. You shall receive Commissions based on the number of New Customers referred by you during the month, and based on the types of games played by such New Customers:
8.4. Transaction fee of 10% and the admin fee charge of 10% will be deducted before the affiliates commission total, has been calculated.
8.5. Your Commission will be paid within thirty (30) days following the end of the calendar month to which they relate provided you have reached the minimum Customer levels for that month as set out in Appendix 1 or otherwise in accordance with clause 3.
8.6. The minimum amount that must be attached to your Affiliate Account for Commissions to be paid in a month is a total minimum sum of either €100.00
8.7. Unless otherwise agreed in writing with you, Commissions shall be paid to you only for a 24-month period from the date a player registers with You or registers via affiliate link on one of Our Websites. For the avoidance of any doubt, the 24 months period shall not apply from the date when Your Application for the Affiliate Program (in accordance with clause 3 above) is successful.
8.8. Negative Balances: If the Net Revenue in relation to Customers for the relevant calendar month shall be zero or a negative figure, such figure shall not be carried forward to any following calendar month (or part thereof) and for the avoidance of doubt shall not be offset against the Net Revenue for any following calendar month (or part thereof). Total Net Revenue will be calculated on a cumulative basis between all products resulting in the total Net Revenue derived from the sum of both positive and or negative Net Revenue from each product for any calendar month (or part thereof).
8.9. Method of Payment. All payments will be due and payable in Euros. Payment will be made by the method registered on the Application. Such payment methods can be updated and changed within the Affiliate Account and will be reflected within the next payment run.
8.10. Greatodds Ltd reserves the right to permanently withhold any commissions without liability to you that are unable to be paid within 24 months of becoming due and payable due to a failure by you to provide correct bank account information.
8.11. Customer Tracking. You understand and agree that potential Customers must link through a Tracking Code in order for you to receive Commissions in relation to such Customers. In no event are we liable to pay you any Commissions for Customers that you have failed to use the right Tracking Code for.

8.12. Customer Verification. Commissions in relation to Customers will be paid only following our verification and checks concerning all Customers. We have the right to check all Customers and your Affiliate Account for possible fraud or abuse. If any fraud or abuse has been or, in our reasonable opinion, has allegedly occurred, we will freeze your Commissions on all Customers until such time you can prove no fraud or abuse has occurred.
8.13. At any time, for any reason, we have the right to amend the Commission structure as we see fit and we will notify you of the same. We may withdraw a Commission option at any time by giving notice to you.

9. CUSTOMER TRACKING AND REPORTS

9.1. You are responsible for ensuring that all referred customers are properly tagged with your Affiliate ID. You will not receive credit for New Customers who are not properly tagged or who we are unable to otherwise properly validate and associate with your Affiliate ID.
9.2. We shall track all New Customer activity to inform the calculation of your Affiliate Commissions. You agree that our statistics and calculations in relation to the tracking of New Customer activity and the calculation of your Affiliate Commissions shall be final.
9.3. We will provide you with online access to reports of New Customer activity linked to your Affiliate ID through the Greatodds Affiliate Programme Portal. The form, content and frequency of our reporting may vary from time to time, in our sole discretion.

10. TERM AND TERMINATION

10.1. Term and Termination. This Agreement will take effect when we accept your Application under clause 3 and will continue unless and until terminated by either you or us in accordance with this Agreement. Acceptance of an Application occurs when you receive an automated response from us indicating the same and a personal response from us in relation to your Application and your Website.
10.2. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party at least 20 days’ prior written notice of termination, where such notice must be served by email.
10.3. Without prejudice to any other termination rights set out in the body of this Agreement, we may additionally terminate this Agreement immediately upon written notice to you if: (i) you in any way breach any of your obligations to us regarding the provision to us of Customers under clause 4.2; or (ii) you in any way breach any of your other obligations to us under this Agreement including but not limited to your warranties and undertakings, or (iii) in our reasonable opinion you are in breach of the terms of any applicable advertising code of practice or laws or regulations.
10.4. We reserve the right to withhold your final Commission after the date of termination for a reasonable time to ensure that the correct amount is paid to you as full and final settlement of liabilities to you under this Agreement.
10.5. Upon the termination of this Agreement for any reason, you will immediately remove from Your Website all Links and any marks, logos or other Intellectual Property Rights associated with Our Website and the Greatodds Ltd. All Intellectual Property Rights in the Links and Website belong to us.
10.6. We may terminate this Agreement and your Affiliate Account at any time and immediately upon notice to you if we determine that Your Website is generating Fraud Traffic and, in addition, we reserve the right to permanently withhold any outstanding Commission.
10.7. Collusion and Fraud ­ The term ‘Fraud’ is an attempt by an Affiliate or group of Greatodds Ltd affiliates to create a fraudulent income in a collaborative or otherwise coordinated way. Collusion shall include, but is not limited to:
10.7.1.Bonus abuse in the attempt increase Affiliate Commissions;
10.7.2. Betting where such bets are made as an offset to collect commissions continual chargebacks by real money players for reasons of collecting commissions
10.7.3. Receiving from other Greatodds Ltd affiliates or offering other Greatodds Ltd affiliates and/or Customers financial incentives for the purpose of gaining a rebate from your affiliate commissions duplicate affiliate and/or player accounts for the purpose of collusion
10.7.4. Any other act which we reasonably believe is being used to collect fraudulent Commission.

11. LIABILITIES AND WARRANTIES

11.1. No Warranties. We do not warrant that our system, network, software or hardware (or that provided to us by third parties) will be error ­free or uninterrupted and we will not be liable to you for any direct or indirect consequences of the same.
11.2. Liability Limitations. Our obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of our owners. Any liability arising under this Agreement will be limited to the amount paid in Commissions to you over the 6 months prior to your claim arising. Our liability is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss).
11.3. Indemnification. You will defend, indemnify and hold us and our officers, directors, employees and representative harmless from and against any and all liabilities, losses, damages and costs, resulting from or arising from, your breach of this Agreement.
11.4. You warrant that you have all the requisite data protection licences or registrations in the relevant jurisdiction to collect and deal with Your Website visitors’ personal information and that you will obtain the necessary consents from Your Website to enable personal information and data to be dealt with in accordance with this Agreement. In particular, but without limitation, you warrant that you will at all times comply with the provisions of the Data Protection Act 1998 and the Electronic Communications (EC Directive) Regulations 2003 and any equivalent or replacement legislation in the jurisdiction in which you operate.
11.5. Save as expressly provided in the Agreement, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
11.6. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from negligence of either party or their servants, agents or employees. Further, neither party shall be liable to the other for any indirect, consequential or special damages arising out of or in connection with the Agreement.
11.7. During the Term and after its expiry or termination, you will not use any Confidential Information for any purpose other than strictly in pursuance of your rights and obligations under this Agreement nor shall you disclose any Confidential Information to any person without our prior written consent. On expiry or termination of this Agreement, you shall deliver up to us all copies of any Confidential Information in your possession and destroy copies of all electronically held Confidential Information if so requested to do so by us.
11.8. You shall not make any announcement about the existence of this Agreement or any relationship between us whatsoever without our express prior written consent.

12. INDEPENDENT INVESTIGATION.

12.1. Independent Investigation. You acknowledge that you have read this Agreement and agree to all its terms and conditions.
13.2. Independent Research. You understand that betting and gaming laws may vary from city to city, state to state and country to country. You warrant that you have independently evaluated the laws in your locale which apply to your activities under this Agreement and warrant that you reasonably believe that you may participate in our Affiliate Program without violating any applicable rules or laws.

13. MISCELLANEOUS

13.1. Notices. All notices pertaining to this Agreement will be given by email as follows: to us at affiliates@greatodds.com and, to you at address you provided within your Affiliate Account.
13.2. Relationship of Parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other nor to incur any obligation on the other’s behalf, except as expressly provided herein. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.
13.3. Non­Exclusive. You understand that we may at any time (directly or indirectly) and without any liability or exclusivity to you, enter into marketing terms with other Affiliates on the same or different terms as those provided to you herein and that such Affiliates may be similar, and even competitive, to you.
13.4. Press. You may not issue any announcement with respect to this Agreement or your participation in the Affiliate Program without our prior written consent.
13.5. Assignment. This Agreement and the rights and obligations hereunder may not be assigned by you without our express written consent. We may assign this Agreement to any other company in the Greatodds Ltd.
13.6. Governing Law. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the parties hereto will be determined under, governed by, and construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.
13.7. Severability/Waiver. Whenever possible, each provision of this Agreement will 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.
13.8. Modification. We may modify any of the terms of this Agreement at any time, in our sole discretion, by either (i) e­mailing you a change notice or (ii) by posting the new version of the Agreement on Our Website. It is your responsibility to visit the Website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following posting or notice of change will be deemed binding acceptance of the modification.

13.9. Entire Agreement. This Agreement and its Appendices embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes and pre-empts any prior understandings or agreements between the parties, written or oral, which may be related to the subject matter hereof. The headings in this Agreement are for convenience only and will have no effect on the construction of this Agreement.

13.10. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any obligations of this Agreement.

IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this
Agreement by submitting your Application to us.

 

14. APPENDIX 1

Payment
We shall provide you with a statement for each Accounting Period. Such statement shall be accessible online through your Greatodds Affiliate account. The statement will have the details of the total commission made, for each month.

detail the total Commission, if any, which has accrued to you over the course of the previous Accounting Period (Net 30). Such statements shall be updated daily to accordingly reflect the figures applicable to the previous day. In the event that the calculated proportion of your Commission in any Accounting Period is a negative amount, we shall be entitled at our sole discretion, but not obliged, to carry forward and set off such negative amount against any future Commission and/or any other payments due to you under and in accordance with this Agreement. If the Commission is due to you in any Accounting Period does not exceed €100 (one hundred Euros), we shall be entitled to withhold and carry forward such sum for payment until the end of such Accounting Period as the Commission due to you exceeds €100 (one hundred Euros), at which time payment shall be made as set out below. For the avoidance of doubt, you will only receive a payment when there is a positive balance attributable to your GreatOdds Ltd Affiliate account and it is greater than €100 (one hundred Euros) in any Accounting Period.

We shall not be liable to you in any amount whatsoever for late payments due to technical, third party or any other unforeseen events or events outside of our control.

If an error is made in the calculation of your share of the Net Gaming Revenue, we reserve the right to correct such calculation at any time throughout the term of this Agreement and to reclaim from you any overpayment made by us to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time).

Commission
All commission structures stated below, have to meet minimum requirements, for the amount of customers you bring in, GGR figures and deposit amounts from each customer, along with any other requirement, outlined by your affiliate manager, before the partnership begins. A document will be given to you, which would need to be signed, by both parties and agreed upon.

Flat Revenue Share
You are eligible to receive a flat commission based on the percentage of Net Revenue (outlined in Clause 1) generated by the New Depositing Customers referred by you. betting revenues generated by Customers received by us less the winnings, less any taxes, credits, bonus or promotional amounts given to Customers, administration percentage fees, processing charges, chargebacks or any uncollectible revenue attributable to the Customers tracked to your Affiliate Account.

Tiered Revenue Share
You are eligible to receive a Commission based on the percentage of Net Revenue (outlined in Clause 1) generated by the New Depositing Customers referred by you. The calculation is based on the number of New Funded sign-ups. Every month, your account will be assessed by GreatOdds Ltd. If your funded sign-ups drop, your revenue share will also drop. If your funded sign-ups increase your revenue share percentage will increase to the next stage of the tiered structure. To be able to move up, to the next tier, your funded sing-ups need to deposit an amount of €100.00 or more and NGR must be higher than €50.00 unless different negotiations have been made between you and a GreatOdds Ltd affiliate manager, by which a form with terms will have to be signed by both parties.

1-25 New Funded Sign-ups: 25% of Sportsbook Net Revenue
26-300 New Funded Sign-ups: 30% of Sportsbook Net Revenue
301-1000 New Funded Sign-ups: 32% of Sportsbook Net Revenue

1000+ New Funded Sign-ups: 35% of Sportsbook Net Revenue

Cost Per Acquisition (CPA)
you will get a predetermined fee for every depositing player you refer to GreatOdds Ltd. The fee depends on the amount and quality of the players you refer. This will be discussed with your affiliate manager before you start to bring new funded sign–ups onto the Greatodds Affiliate Program. This can be changed or canceled accordingly if GreatOdds Ltd, do not see the desired results.

A written form will be sent to you by your affiliate manager, with the terms which has been set out accordingly, signed and agreed upon, by both parties.

Hybrid Deal (Revenue Share & Cost Per Acquisition)
Hybrid deals are customized to combine Revenue Share and Cost Per Acquisition. This will be predetermined before the start of the partnership. A written form will be sent to you by your affiliate manager, with the terms which has been set out accordingly signed and agreed upon, by both parties.

Referral commission
You will earn Referral Commission as a percentage of the applicable Net Gaming Revenue achieved during each calendar month (“Accounting Period”) throughout the term of this Agreement. Your Referral Commission will be calculated on a sliding scale basis in accordance with the applicable percentage rates below, (unless any other rate is agreed in writing by us at the time of your application). Please note that the percentage rate of any Referral Commission due to you may be subject to change throughout the term of this Agreement at our discretion upon one calendar month’s notice to you. In the event of such change we shall notify you in writing at the email address noted in your Application form.

By means of illustration: in any Accounting Period if the Net Gaming Revenue was €9,000, then the Referral Commission due to you would be calculated as follows: €5,000 x 30% = €1,500 plus €4,000 x 35% = €1,400. This would mean your total Referral Commission for the respective Accounting Period would be €2,900.

Please note that all Referral Commission quoted will be inclusive of VAT (where applicable).

We retain the right to change the Referral Commission percentages and method of calculation of Referral Commission as we wish, we will inform you of the changes made.

Your affiliate account must have a minimum of five (5) active referred Customers before you will be eligible for a Referral Commission payment.