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Betfair Affiliate Terms and Conditions

 Last Updated: 1 June 2017

 It is important that you read and understand the contents of these terms and conditions (the "Agreement"). By continuing with your application to join our affiliate programme, you are agreeing (subject to our approval of your application) to the terms and conditions of this Agreement. In order to make an application to join our affiliate programme, you must be the owner of, or acting on behalf of the owner of, the website that is signing up for this affiliate programme. If you do not agree with this Agreement or are not authorised to do so, you may not join the programme and you should discontinue your application.

 

If you have any questions regarding our affiliate programme, please contact:-

 

1. Who We Are and This Agreement

1.1 This Agreement sets out the terms and conditions between Power Leisure Bookmakers Limited, a limited company incorporated under the laws of the England and Wales acting through its Irish branch at Power Tower, Belfield Office Park, Beech Hill Road, Clonskeagh, Dublin 4, Ireland (Irish number 906103) "Betfair", "we", "us" or "our" as applicable) and you in relation to your application to set up an affiliate account (and membership of the affiliate programme if your application is deemed successful) to promote the "Betfair Sites" (or certain of our sites, depending on the products you are signed up to promote) by the creation of internet hyperlinks and other promotional links such as banners (the "Links") from your website(s) (your "Site") or from your promotional emails (which we have pre-approved) to the Betfair Sites.

1.2 The "Betfair Sites" currently consist of www.betfair.com/sport, www.betfair.com/exchange, http://arcade.betfair.com, http://bingo.betfair.com, https://casino.betfair.com, https://games.betfair.com, https://poker.betfair.com and any application version of these sites and such other sites as we may add from time to time.

1.3 Betfair shall be entitled to exercise any of its rights or fulfil any of its obligations hereunder (including without limitation its payment obligations pursuant to Clause 5) through any company within the PPB Group. The "PPB Group" means Power Leisure Bookmakers Ireland Ltd and any body corporate which is from time to time a holding company of that company, a subsidiary of that company or a subsidiary of a holding company of that company (“holding company” and “subsidiary” having the meanings attributed to them by s.1159 of the Companies Act 2006) and shall include any company in which a Group Company has a shareholding of 50% or more.

1.4 This Agreement supersedes all previous terms and conditions for our affiliate programme.

1.5 We reserve the right to change any part of this Agreement at any time. Where possible, notice of any material changes will be sent to the last email address provided by you to us in advance of such changes becoming effective but it is ultimately your responsibility to check these terms and conditions regularly and we reserve the right to amend this Agreement at any time. Your continued participation in our affiliate programme after we have posted the changes will constitute binding acceptance of such changes. The latest modification of the Agreement will be as per the date stated at the top of this Agreement so please check this page regularly for updates.

 

2. Acceptance

2.1 By filling in the application form and ticking the check box you confirm that you are over 18 years old and are requesting membership to our affiliate programme and are agreeing to the terms and conditions of this Agreement. The application form will form an integral part of this Agreement.

2.2 We will in our sole discretion determine whether or not your application has been successful. Our decision is final and is not open to appeal.

2.3 We will notify you by email if your application has been successful with instructions as to what you must do to include the Links on your Site.

2.4 If you want to use Betfair odds/prices on your Site, you will need a customer account with Betfair so that you can access the API.  If you don’t already have one, you will need to register a new account at www.betfair.com.

 

3. Promoting the Betfair Sites

3.1 Throughout the term of this Agreement, you shall:

a. prominently incorporate and continually display the most up-to-date Links provided to you by Betfair on your Site and you shall not alter the form, location or operation of the Links without Betfair's prior written consent;

b. provide Betfair at no cost with all data and information (including for example passwords) to enable us to monitor your Site to ensure you are complying with this Agreement;

c. maintain your Site in an appropriate manner and contact us if you are materially changing design or layout or adding material that you should know, acting reasonably, may influence our opinion as to whether or not you are a suitable affiliate;

d. promote the Betfair Sites in a socially responsible manner, which particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited; 

e. not place any Links on pages of your Site aimed at persons under the age of 18 years or otherwise target, whether directly or indirectly, such persons for gambling-related services;

f. ensure that at all times all marketing activity complies with Clause 3.1and Clause 5.26 and is kept within the boundaries provided in the PPB Affiliate Marketing Guidelines;

g. limit all online marketing activity to the following approved methods: Online Advertising including Industry Relevant Expertise, Niche Websites, Personal Websites, Comparison Websites, Video Blogs and Web blogs, PPC search campaigns, Loyalty & Reward Sites, RSS Feeds, and Social Media marketing. You must request permission prior to implementing any method outside of the foregoing. This Agreement sets out the sole and exclusive means by which you may advertise, promote and market our Sites;

h. make it clear in any communication by you to potential customers that the communication is made without the knowledge or involvement of Betfair and that any complaint that the recipient may wish to make should be addressed to you and not Betfair;

i. upon our request, immediately remove any marketing activity promoting Betfair or the Betfair Sites on your Site or on other advertising channels within your control; and

j. comply with all reasonable instructions of Betfair in relation to this Agreement.

3.2 Throughout the term of this Agreement, you shall not:

a. place the Links on websites other than your Site as specified in your application form without Betfair's prior written consent;

b. offer any special benefits or other incentives (including for example any payment) to any person for using the Links on your Site to access the Betfair Sites;

c. read, intercept, copy, record, redirect, interpret, or otherwise interfere with, or fill in the contents of, any electronic form or other materials submitted to us by any third party;

d. modify any of the Links other than in accordance with this Agreement;

e. engage in transactions of any kind on the Betfair Sites on behalf of any third party;

f. authorise, assist, or encourage any other person to engage in transactions of any kind on the Betfair Sites other than in accordance with this Agreement;

g. take any action that could cause any third party (end users or otherwise) confusion as to our relationship with you, or as to the site on which any functions or transactions are occurring;

h. other than providing the Links on your Site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the Betfair Sites;

i. artificially increase (or attempt to so do) monies payable to you by Betfair;

j. attempt to intercept, redirect or otherwise interfere with (including, without limitation, via user-installed software) traffic from or on any website that participates in our affiliate programme;

k. solicit non-member affiliates (termed "sub-affiliates") to distribute offers and claim commission on such activities. You are prohibited from starting a sub-affiliate network using Betfair offers and media assets without our express written consent in advance;

l. purchase, bid for, register or otherwise acquire keywords, adwords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of Betfair's (or a member of its Group's) intellectual property rights, including without limitation copyrights, trade marks (whether registered or unregistered), brand names, domain names, graphics and designs using by Betfair in connection with the Betfair Sites. However, this does not extend to the use of metatag keywords on your site which are identical or similar to any of Betfair's trade marks or trade names including the term "Betfair";

m. directly or indirectly refer visitors from your Site or Customers (as such term is defined in Clause 5.1) who you suspect (or ought to suspect) are likely to abuse promotions or services available on the Betfair Sites;

n. place the Links on websites providing unauthorised access to copyrighted content (such illegal streaming sites or file sharing sites); or

o. send any marketing communications relating to Betfair via SMS or email without the prior written consent of Betfair.

3.3 If we determine, in our sole discretion, that you have breached any of the provisions of Clauses 3.1 or 3.2, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement.

3.4 Neither you nor your direct relatives nor any connected party on your behalf (whether a director, contractor, partner, agent, employee or otherwise) are eligible to become a Customer (as such term is defined in Clause 5.1) and you shall not be entitled to any share of Net Revenue or any other remuneration from Betfair in relation to such persons. Direct relatives in this context shall include your spouse, partner, parent, child or sibling.

3.5 Only one affiliate account is permitted per affiliate. Betfair reserves the right to close down any duplicate accounts and to cancel any amounts otherwise due under such accounts.

3.6 Betfair shall have the right to examine your books, records, systems and other materials and information relating to this Agreement and the services provided hereunder for the purposes of ascertaining your compliance or otherwise with the terms hereof. For that purpose you hereby grant to Betfair and its professional advisers a right of access to your premises, systems and information on the giving of reasonable notice during normal business hours. Betfair and its professional advisers shall have the right to take copies of any records it reasonably requires and you shall provide all necessary cooperation free of charge.

3.7 Betfair will pay the agreed affiliate commission on:

 a. customers acquired from global territories by .com domains, except from the following countries: Belgium, Canada, China/Hong Kong, Cuba, Cyprus, Czech Republic, DR Congo, Eritrea, France, Greece, Greenland, India, Iran, Iraq, Israel, Ivory Coast, Japan, Lebanon, Libya, Netherlands, North Korea, Poland, Slovenia, South Africa, Somalia, Sudan, Turkey and USA (the “Restricted Territories”), and   

 b. affiliate traffic from sites with country-specific domains will only be accepted from the following countries: Argentina, Australia, Belize, Brazil, Bulgaria, Cambodia, Chile, Costa Rica, Croatia, Denmark, Estonia, Finland, Georgia, Hungary, Indonesia, Ireland, Italy, Latvia, Lithuania, Luxembourg, Macau, Malaysia, Montenegro, Norway, Panama, Peru, Philippines, Romania, Russia, Serbia, Singapore, Slovakia, Spain, Sweden, Switzerland, UK & Vietnam.

3.8 You will not market or promote any Betfair Sites within or to persons from any Restricted Territories; or be involved in any traffic coming from any Restricted Territories; or allow, assist or encourage circumvention of any restriction put in place by Betfair and/or any Betfair Sites in connection with Restricted Territories. Any changes to this list will be communicated. If we determine, in our sole discretion, that you have breached this Clause 3.8, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement.

 

4. Betfair’s Obligations

4.1 Betfair will provide you with the Links in various formats (e.g. flash, animated gif and text formats). At our sole discretion, the Links may include a bespoke affiliate ID (an “Affid”) which may be modified by us from time to time. An AffId may be created during a particular campaign (for example during a particular overarching Betfair campaign) in which case a redirect will be put into place via the Link.

4.2 Subject to your complying with all of the terms of this Agreement, Betfair shall use all reasonable endeavours to ensure that whenever a Customer links to the Betfair Sites through the Links and subsequently places a bet with Betfair, the relevant customer is identified as originating from your Site. However, Betfair shall not be liable to you in any way if Betfair is unable to identify a Customer as originating from your Site. You should note in particular that if you do not comply with the requirement to obtain consent to tracking, or where an end user refuses to grant such consent, or where you fail to comply with any other applicable laws including in relation to data privacy and security, we shall not be liable to you in any way in respect of the actions of that end user or Customer.

4.3 Where you provide Betfair with personal data, Betfair will comply with its obligations under the Data Protection Acts 1988 and 2003, as amended, and the European Union’s ePrivacy Directives (Directive 2002/58/EC, as amended by Directive 2006/24/EC and Directive 2009/136/EC and any subsequent amendments).

4.4 If you have been a customer of Paddy Power Betfair and self-excluded with either brand in the past, any information provided by you as a personal account holder will be retained only for that purpose and not for any other purpose (commercial or otherwise).

5. Payments, Money Laundering, & Your Identity

5.1 In this Clause 5 the following words shall have the following meanings:

“Customers” shall mean visitors from your Site who enter the Betfair Site via the Links and who register (to include the provision of a valid email address and such other information as Betfair may require) and open an account with Betfair and where such visitor complies with the terms and conditions of the Betfair Site and places a bet with Betfair or any of its partners on the particular product or service the subject of our agreement with you (for example, if our agreement with you relates to sports betting, only bets placed on sports betting will be counted, and not stakes wagered on games etc.). For the avoidance of doubt it shall exclude any end user that is at that time an existing or previous customer of Betfair or any other company within the PPB Group.

Net Arcade Winnings” means total winnings from Customers (stakes received less winnings paid out) made by the arcade product accessible via the http://arcade.betfair.com website less any payments to third party software providers, the cost of any promotional offers (including any sign up bonuses), any jackpot contributions which Betfair must pay in respect of any Customers, adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt, and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

Net Bingo Winnings” means total winnings from Customers (stakes received less winnings paid out) made by the bingo product accessible via the www.bingo.betfair.com  website less any payments to third party software providers, the cost of any promotional offers (including any sign up bonuses), any jackpot contributions which Betfair must pay in respect of any Customers,  adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt, and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

Net Casino Winnings” means total winnings from Customers (stakes received less winnings paid out) generated by the casino product accessible via the www.casino.betfair.com website or any downloadable client less any payments to third party software providers, the cost of any promotional offers (including any sign up bonuses), any jackpot contributions which Betfair must pay in respect of any Customers, adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt, and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

Net Exchange Commission” means total commission generated from Customers’ exchange betting less adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt, the cost of any promotional offers (including any sign up bonuses), payments to any sporting bodies (including any football governing bodies and the British Horseracing Authority or any similar body in any jurisdiction) and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

Net Fixed Odds Winnings” means total winnings from Customers’ fixed odds betting (stakes received less winnings paid out) less adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt, the cost of any promotional offers (including any sign up bonuses), payments to any sporting bodies (including any football governing bodies and the British Horseracing Authority or any similar body in any jurisdiction), hedging costs and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

Net Games Commission” means total commission generated from Customers’ playing of exchange games via the www.betfairgames.com website less adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt, the cost of any promotional offers (including any sign up bonuses), any jackpot contributions which Betfair must pay in respect of any Customers, and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

Net Multiples Winnings” means total winnings from Customers’ multiples betting via the www.betfair.com website (stakes received less winnings paid out) less adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt, the cost of any promotional offers (including any sign up bonuses), payments to any sporting bodies (including any football governing bodies and the British Horseracing Authority or any similar body in any jurisdiction), hedging costs and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

Net Poker Rake” means total revenue generated from Customers by the person to person poker product accessible via the www.betfairpoker.com website or any downloadable client less any payments to third party software providers, the cost of any promotional offers (including any sign up bonuses), any jackpot contributions which Betfair must pay in respect of any Customers, adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;

Net Revenue” means the total of Net Arcade Winnings, Net Bingo Winnings, Net Exchange Commission, Net Fixed Odds Winnings, Net Multiples Winnings, Net Games Commission, Net Poker Rake and Net Casino Winnings generated by Customers;

Revenue Share” shall mean revenue share payments described in clause 5.3;

5.2 You will be able to indicate your initial preferred payment option (“Commission Option”) in your Application. The chosen option will be confirmed by Betfair if Betfair accepts your Application. 

5.3 Subject to these terms, if you select a Revenue Share Betfair shall pay you in respect of each Customer:

a. the agreed percentage of Net Exchange Commission and Net Multiples Winnings for a period of 60 months from the date of first registration if such Customer is introduced on or after 1 December 2013;

b. the agreed percentage of Net Exchange Commission and Net Multiples Winnings for a period of 36 months from the date of first registration if such Customer is introduced on or after 1 August 2011 but before 1 December 2013;

c. the agreed percentage of Net Exchange Commission and Net Multiples Winnings for a period of 12 months from the date of first registration if such Customer is introduced before 1 August 2011; 

d. the agreed percentage of Net Fixed Odds Winnings for as long as a Customer has an account with Betfair or a PPB Group company if such Customer is introduced on or after 1 November 2012; and 

e. the agreed percentages of Net Arcade Winnings, Net Bingo Winnings, Net Games Commission, Net Poker Rake and Net Casino Winnings for as long as a Customer has an account with Betfair or a PPB Group company.

5.4 If you select a Bounty Payment Betfair shall pay you the selected payment or current standard payment which is payable in accordance with the terms on the Affiliate Programme Site.

5.5 If you select a Hybrid Payment Betfair shall pay you: 

a. the selected hybrid bounty payments payable in accordance with the terms on Affiliate Programme Site; 

b. the selected percentage of Net Exchange Commission and Net Multiples Winnings for a period of 36 months from the date of first registration of each Customer if such Customer is introduced on or after 1 August 2011; and 

c. the selected percentages of Net Arcade Winnings, Net Bingo Winnings, Net Games Commission, Net Poker Rake and Net Casino Winnings for as long as each Customer has an account with Betfair or a PPB Group company.

5.6 You may request to change your Commission Option via the Affiliate Programme Site no more than once every calendar month. Betfair may accept or reject any such request in its complete discretion. If your request is accepted the new Commission Option will come into effect on the 1st of the following calendar month and will only apply to Customers introduced after that date.

5.7 Betfair may withdraw a Commission Option at any time by giving notice to you. You will then be required to select another Commission Option via the Affiliate Programme Site which will apply to any Customers whose date of first registration is on or after your date of selection. 

5.8 Other Commission Options may be introduced by Betfair from time to time in relation to some or all of the Betfair Sites either in addition to or in place of the above Net Revenue based payment. Any such payments will be detailed on the commission page of your Betfair Affiliate account. Betfair reserves the right to make changes to your commission page, including to the levels of commission due to you, and any such changes shall take effect immediately on their being changed in your commission page.

5.9 Betfair has the right to reduce the revenue share of affiliates, or to terminate this Agreement and remove such affiliates, who do not deliver at least one new Customer in a given calendar month. We will notify you by email where such a reduction or termination will occur. Accounts that are inactive for a longer period (e.g. where you have failed to deliver at least one new Customer in the last six months) may also incur an administrative fee but no such administrative fee will be deducted from your account prior to our having made reasonable efforts to contact you via the contact details last provided by you to Betfair. The administrative fee will be applied against the payments (including future payments) that would otherwise be payable to you. If you have any queries regarding inactive accounts, please contact us for further information.

5.10 Betfair shall provide you with statements accessible via http://affiliates.betfair.com  detailing the number of Customers and the revenues generated from those Customers, if any, which have accrued to you over the course of the previous calendar month. At the end of a calendar month, Betfair shall record your total share of Net Revenues, if any, during the previous calendar month. In the event that a revenue share in any calendar month is a negative amount, Betfair shall be entitled but not obliged to carry forward and set off such negative amount against future revenue shares which would otherwise be payable to you. However, Betfair shall also be entitled but not obliged to zero the negative balance that would otherwise be carried forward. If a revenue share does not exceed £50 GBP, or currency equivalent, Betfair shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the revenue share (including any sum carried forward) exceeds £50 GBP, or currency equivalent, at which time payment shall be made in accordance with Clause 5.15. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than £50 GBP, or currency equivalent, in any given month.

5.11 You agree that Betfair will raise sales invoices for the transactions covered by this Agreement on your behalf until this Agreement terminates in accordance with Clause 12. You will not raise sales invoices in respect of the transactions covered by this Agreement.

5.12 You will notify Betfair immediately if you:

a. change your VAT status including if you become VAT registered or if your VAT registration number changes;

b. cease to be VAT registered; or

c. sell your business, or part of your business.

5.13 You agree to notify Betfair within 14 days of issue of the invoice if there are any errors on the invoice.

5.14 You agree that the VAT (if applicable) shown on the invoice for the transactions covered by this Agreement which we raise on your behalf is your output tax due to the relevant tax authority.

5.15 Unless otherwise agreed in writing, at the end of a calendar month, the relevant revenue share payable by Betfair to you shall be automatically raised and paid out (in accordance with Clause 5.10) within 60 days of the end of the relevant calendar month. Such revenue share shall be paid in either pounds sterling or Euro, inclusive of VAT if applicable, at Betfair’s discretion.

5.16 You shall indemnify on demand and hold harmless us from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Betfair in consequence of any breach by you of this Clause 5.16 or as a result of your VAT status being different from that notified to us.

5.17 Betfair may engage the services of a third party (currently “NetRefer”) to provide both the affiliate platform and system maintenance. We have service levels in place and expect these to be upheld but ultimately we do not have total control over these services and therefore cannot be held responsible for any failures arising from such third party services. You shall cooperate with us, and to the extent necessary our third party service providers, to give effect to the terms and spirit of this Agreement.

5.18 We shall make reasonable efforts to make any payments due to you in a timely fashion. However, we shall not be liable for occasional delays or delays outside of our control. For example, any changes in the contact or banking details provided by you may give rise to a delay of up to 60 days in making any payments due. Where you become aware of any overdue payments due to you, please contact us immediately and we will seek to resolve the matter as soon as possible.

5.19 We shall use reasonable endeavours to make payments due to you using the payment details provided to us. However, in certain circumstances we may be unable to make payments to you for reasons outside of our control (for example where the bank account details provided are inaccurate or incomplete). Where this occurs, we shall make reasonable efforts for a period of up to six (6) months to contact you via the contact details last provided by you to Betfair to obtain alternative payment details. If we are still not in a position to make the payments after this period, we may close or suspend your account without further notice and you shall be deemed to have forfeited any entitlement to payment.

5.20 If an error is made in the calculation of your share of the revenue share, Betfair reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by Betfair to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time).

5.21 It is the policy of Betfair to actively prevent, to the extent within its control, money-laundering and any activities that facilitate money-laundering or funding of terrorist or criminal activities. Betfair reserves the right to attempt to verify your identity through the information provided by you, by obtaining information from public sources or by such other means as it reasonably deems necessary.

5.22 You shall provide us with any supporting documents (e.g. any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a bank statement, or in the case of a corporation: a copy of the company’s certificate of incorporation; constitutional documentation; information regarding the identity of the beneficial owner of the company and the identity of the directors of the company) requested by us and you understand that payments may be delayed if supporting documents are not provided.

5.23 You warrant and represent that you shall at all times:

a. comply with all laws, rules and regulations which are applicable to your compliance with our obligations in this Agreement;

b. comply with the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (“CAP Code”), a copy of the CAP Code is available here: https://www.asa.org.uk/codes-and-rulings/advertising-codes/non-broadcast-code.html;

c. comply with the Data Protection Acts 1988 and 2003, as amended, and the European Union’s ePrivacy Directives (Directive 2002/58/EC, as amended by Directive 2006/24/EC and Directive 2009/136/EC and any subsequent amendments) and all other applicable data privacy rules, laws and regulations anywhere in the world. Under the ePrivacy Directives, information (not just personal data) may not be stored on or retrieved from a person’s terminal equipment unless the individual: (i) has been given clear and comprehensive information about why this is being done; and (ii) has given her/his consent. You shall inform users of your Site that tracking technology will be installed on their hard drive if he/she clicks on the Links and shall obtain their consent to such tracking prior to storing or retrieving information from a person’s computer, smartphone, mobile phone, tablet or other applicable device. You hereby acknowledge that all data relating to Customers shall be and remain the exclusive property of Betfair. It is not anticipated that you will gain access to personal data relating to Customers. However, in the event you do gain access to personal data relating to Customers, such access will be in your capacity as a data processor only and you will be required to enter into a separate data processing agreement with us.

d. comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the UK Bribery Act 2010, to the extent applicable (“ Relevant Requirements”);

e. not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;

f. Comply with any related policies or guidelines as directed by Betfair from time to time, including the PPB Affiliate Marketing Guidelines ("Relevant Policies");

g. have and shall maintain in place throughout the term of this Agreement policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements and Relevant Policies, and will enforce them where appropriate;

h. promptly report to the Betfair any request or demand for any undue financial or other advantage of any kind received by you in connection with the performance of this Agreement; and

i. upon request and within a reasonable period, you shall certify to Betfair in writing compliance with this Clause 5.23. You shall provide such supporting evidence of compliance as Betfair may reasonably request.

5.24 Breach of Clause 5.23 shall be deemed a material breach of this Agreement.

5.25 In accordance with the terms of the licence conditions and codes of practice of the UK Gambling Commission (the “Commission”), Betfair is required to ensure that third parties shall, and therefore you undertake: (a) to conduct yourself in so far as you carry out any activities on behalf of Betfair as if you were bound by the same licence conditions and subject to the same codes of practice as Betfair, including but not limited to assisting Betfair in the display of such information and the provision of such links (for example a link to the Commission’s website) as may be required by the Commission; (b) to comply with any technical standards for remote gambling systems as may be set by the Commission; (c) to provide such information to Betfair as it may reasonably require in order to enable Betfair to comply with its information reporting and other obligations to the Commission; and (d) not to encourage players to play longer or wager more than the player might otherwise do. Betfair may immediately terminate this Agreement if, in Betfair’s reasonable opinion, you are in breach of this Clause 5.25 or have otherwise acted in a manner which is inconsistent with the Commission’s licensing objectives.

5.26 You are solely responsible for your own marketing and promotional activities and you shall carry out such activities in a responsible manner, complying with all applicable laws, regulations and advertising codes. In particular you: (a) shall have appropriate privacy and security safeguards in place; and (b) shall comply with your obligations in Clause 5.23 and Clause 3.8. You shall immediately comply with Betfair's requests in relation to this Clause 5.26. Where you fail to do so, Betfair reserves the right to immediately terminate this Agreement.

5.27 For all amounts payable by Betfair under or in connection with this Agreement, we may at our discretion determine which entity/entities within the PPB Group shall make payments and in what proportion.

5.28 Nothing in this Agreement shall create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between the parties. You shall be accountable to the Revenue Commissioners, Customs and Excise or such other relevant authorities for all taxation payable on or in respect of payments we make to you and shall indemnify Betfair from and against any liability that may be imposed on us in relation to same.

6. Errors

6.1 Betfair makes every effort to ensure that no errors are made in the calculation of amounts due to affiliates. However, human, systems' and/or third party error may occasionally result in errors. Betfair reserves the right to correct any obvious errors and to void any payments (to include the right to be reimbursed where payments have been made in error) where such have occurred.

6.2 In the case of any blatant errors in payments made (including for example where the payment made is materially different to previous or comparable payments/periods and/or the payment is clearly incorrect, depending on all of the circumstances), the amount paid will be rebalanced at the appropriate rate. Should you be credited in error, it is your responsibility, and you undertake, to notify Betfair of the error without delay. You hereby undertake to provide your full cooperation to Betfair to correct any such errors, including by way of the return of any over-payments. Betfair may set off any payment obligation due to us from you against any future payment obligation owed by us to you under this Agreement.

7. Fraud, Responsible Gambling, Protection of Minors, and the Prevention of Crime

7.1 Betfair reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties as may be necessary in this regard. Fraudulent acts include acts by you which are made in bad faith and/or acts which are intended to defraud Betfair or a member of the PPB Group.

7.2 Betfair aims to make betting a fun and entertaining experience, whilst at the same time taking our responsibilities very seriously. To this end, we strive to:

a. ensure that gambling is conducted in a verifiably fair and open fashion in order to protect customers;

b. ensure that, to the greatest extent possible, children and other vulnerable persons are protected;

c. prevent gambling being or becoming a source of crime or disorder.

7.3 You undertake not to knowingly or negligently, through any act or omission, conflict in any way, or cause Betfair to be in conflict in any way, with any of the objectives set out in Clause 7.2.

7.4 Betfair reserves the right to immediately suspend or terminate any account it believes such account to be involved in fraud, money-laundering and/or any other form of illegal or suspicious activities, to withhold any amounts due on the account, and to report such details as it reasonably considers are necessary to relevant authorities.

8. Licence to use the Marks

8.1 We hereby grant to you a non-exclusive, non-transferable, revocable licence, solely during the term of this Agreement, to use such Betfair intellectual property, including without limitation any logo, trade mark, trade name, design or other similar identifying material owned by or licensed to Betfair or a member of the PPB Group (the "Marks") as we make available to you via our online Paddy Partners media gallery and via electronic newsletters solely in connection with the display of the Links on your Site or in connection with email promotions including the Marks which we approve in advance.

8.2 This licence cannot be sub-licensed, assigned or otherwise transferred by you without Betfair's prior written approval. Your right to use the Marks is limited to and arises only out of this licence to use the Links.

8.3 This licence will be terminated automatically upon the termination of this Agreement for any reason.

8.4 You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill (which shall vest exclusively in Betfair).

8.5 You shall not register or attempt to register, or be complicit in any third party registering or attempting to register, any trade mark, trade name, logo, or similar identifying material that contain the Marks or are confusingly similar to or are comprised of any of the Marks or any other of our intellectual property rights.

8.6 You undertake not to register or attempt to register or be complicit in or cooperate with any third party registering or attempting to register, any domain name which is similar to any Betfair Sites or intellectual property rights (or intellectual property rights belonging to a member of the PPB Group), including (for the avoidance of doubt) any misspellings, other variations of the domain names or other likenesses. Where you breach this Clause 8.6 you will immediately cease use of any such domain and transfer such domain to us or a third party elected by us.

8.7 You undertake to provide all reasonable cooperation with us in protecting the Marks against third party infringement or any other attack.

9. Additional Warranties

9.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licences granted in this Agreement and to perform all of its obligations under this Agreement.

9.2 You are solely responsible for the operation and content of your Site and you represent, warrant and undertake that your Site shall contain no material which is defamatory, sexually explicit, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of our rights or any third party rights and shall not link to any such material. We shall not be liable for any claims by third parties relating to your Site or any of the products or services associated therewith and you will fully indemnify us in respect of any losses we or any member of the PPB Group suffers (directly or indirectly) in connection with any such claims.

9.3 You warrant and represent that you are of legal age for gambling as determined by relevant legislation in your jurisdiction. Affiliates who are under 18 years of age are not permitted to participate in the affiliate programme.

9.4 You warrant and represent that you will not, directly or indirectly: (a) do any act or omission that disparages Betfair, a member of the PPB Group of the Betfair Sites, or is damaging to the interests, reputation or goodwill of the aforementioned parties and sites; or (b) do any activity that in our reasonable opinion would be deemed unsuitable, inappropriate or fraudulent. 

10. Disclaimer

10.1 The Betfair Sites and the Links are provided "as is" without any express or implied warranty of any kind, and all warranties including warranties of merchantability, non-infringement of intellectual property rights, fitness for any particular purpose, and of completeness or accuracy of content are hereby excluded to the fullest extent permitted by law. Neither Betfair nor any of its licensors gives any warranty that the supply of material and content on, or links to or from, the Betfair Sites and/or the Links will be uninterrupted, timely, secure or error free or that they are free of viruses or bugs.

11. Indemnity and Liability

11.1 You shall indemnify Betfair on demand and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Betfair or any member of the PPB Group in consequence of any breach, non-performance or non-observance by you of any of your obligations or warranties under this Agreement.

11.2 Nothing in this Agreement limits or excludes either party's liability for death or personal injury or for breach of any of the indemnities under this Agreement, for which liability shall not be limited.

11.3 We shall not be liable to you in contract, tort, or otherwise (including liability for negligence) for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.

11.4 We shall not be liable for any loss or damage that you may suffer because of any act of God; power failure; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services or networks; or any other act, omission, delay or failure caused by a third party or otherwise outside of our control.

11.5 The liability of Betfair shall not, in any event, exceed the sum of the total monies paid by Betfair to you over the 12 month period preceding the date on which any liability accrued.

11.6 In no event shall we be responsible for any claim or dispute between you and any user of your Site.

12. Termination

12.1 This Agreement shall commence (or commenced, in the case of existing affiliates) on the date that Betfair notifies (or notified, in the case of existing affiliates) you that your application to join the Betfair affiliates programme has been successful and shall continue until terminated in accordance with this Clause 12.

12.2 Either party may terminate this Agreement forthwith on written notice if a receiver, examiner or administrator is appointed of the whole or any part of the other party's assets or the other party is struck off the Register of Companies in the jurisdiction where it was incorporated or an order is made or a resolution passed for winding up of the other party (unless such order or resolution is part of a voluntary scheme for the reconstruction or amalgamation of that party as a solvent corporation and the resulting corporation, if a different legal person, undertakes to be bound by this Agreement), if you are subject to bankruptcy proceedings, or if you are subject to any similar process or procedure to those described in this Clause 12.2 in any part of the world.

12.3 Betfair may immediately suspend or terminate this Agreement upon notice to you: (a) where you materially breach any term of this Agreement and fail to remedy the breach (if remediable) within the time period specified by Betfair to remedy same; (b) in accordance with its rights set out in Clause 3.3, Clause 3.8, Clause 5.23, Clause 5.25 or Clause 7.4; or (c) where you are in breach of any warranty within this Agreement. Betfair reserves the right to withhold any amounts due to you in such circumstances (whether or not such amounts are generated by the breach).

12.4 Betfair may suspend or terminate this Agreement at its discretion immediately upon notice if it considers that you are for any reason unsuitable to be an affiliate. Betfair shall not be required to disclose its reasoning in connection with any such suspension or termination. Where Betfair discloses its reasons for such suspension or termination, it may withhold and/or terminate any payments that otherwise may have been due to you.

12.5 Either party may terminate this Agreement on delivery of seven (7) days' prior written notice to the other party.

12.6 Termination of this Agreement shall not prejudice any rights of any party which may have arisen on or before the date of termination.

12.7 Upon termination of this Agreement for any reason, you shall remove all of the Links and any other Marks or content owned, developed, licensed or created by Betfair and/or provided to you by Betfair in connection with this Agreement from your Site and all rights and licences granted to you in this Agreement shall immediately terminate.

12.8 We shall be entitled to deduct from any payments due and payable to you, any such debts and liabilities due to Betfair, if any.

12.9 For the avoidance of doubt, you shall not be entitled to any revenue share in respect of revenues generated by Customers following the termination of this Agreement.

13. General

13.1 This Agreement (including your application form) contains the entire agreement between the parties with respect to its subject matter and supersedes all previous agreements and understandings between the parties with respect to its subject matter.

13.2 You shall not assign or sub-contract any of your rights and/or obligations under this Agreement without Betfair's prior written consent.

13.3 No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.

13.4 If any provision of this Agreement is held to be void or unenforceable in whole or part, the impugned provision (or part thereof) shall be deemed to be deleted from this Agreement and the remaining provisions (including the remainder of the affected provision) shall continue to be valid and applicable.

13.5 Any notice given or made under this Agreement to Betfair shall be by email to Sports.Partnerships@betfair.com. Betfair shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to Betfair.

13.6 During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of Betfair and/or the Betfair affiliate programme. You agree to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless you have Betfair's prior written consent. You shall use such confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with regard to confidential information shall survive termination of this Agreement and you shall fully indemnify us for any losses we or any member of the PPB Group suffers (directly or indirectly) in connection with your breach of this Clause 13.6.

13.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and each party submits to the exclusive jurisdiction of the courts of England and Wales for the resolution of disputes hereunder.

End