Terms & Conditions

Introductory provisions

a) This document (the "Agreement") sets out the terms and conditions agreed between Derrypark Ltd. Suite 2B,143 Main Street, Gibraltar, GX111AA (hereinafter "mybet") and the person/company set out on the relevant application form/ insertion order (hereinafter "the Affiliate"), regarding the Affiliate's application to join (and if the Affiliate's application is successful, the Affiliate's membership of) mybet Partners and to promote the mybet platform as well as the services provided and the creation of internet hyperlinks from the Affiliate's website to the mybet site (hereinafter the "Links").

b) Μybet may change all or any part of this Agreement at any time (even without prior notice to the contracting party). If applicable, notice will be given by message to the contracting party's email address and will be deemed to be severed immediately when sent by mybet. If the Affiliate does not agree to the changes, the Affiliate should terminate this Agreement in accordance with its terms. The Affiliate's continued participation in mybet Affiliate Program after mybet has posted the changes will constitute binding acceptance of such changes.

 

01. Definition and interpretation

a) "Affiliate" means any natural and legal persons who, after having joined mybet Partners, use their website, other media platforms, e-mail, offline marketing codes etc. ("Affiliate Site" or "Advertising Space") for the marketing of the Business and/or Services and acquisition of New Depositors. 

b) "Bonuses" means any so-called "free money", "free bets", "free-games", “free-spins”, "money-backs", "top-ups" and/or similar; and/or vouchers, rebates, discounts and/or similar that the New Depositor can utilise as payment for stakes (bets).

c) "Brand" means the name, concept or identity under which the Services or Business are/is generally, and from time to time, recognised in the public domain worldwide. The Brand is and remains the sole property of mybet.

d) "Business" means mybet's business consisting of all betting on any vertical of the mybet platform: Sportsbook (including Live betting), Casino (including Live Casino) and retail business.

e) "Confidential Information" means any information of a commercial value, essential for any of the Parties, such as, but not limited to: technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Depositor lists, prospect and New Depositor data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.

f) "Database" means the database regarding Affiliates and New Depositors, containing any mybet proprietary New Depositor data with relevance to the Agreement, including without limitation personal data and contact information, and excluding all other mybet databases, as it stands as of the date of this Agreement, and as it stands until the date of this Agreement being terminated. The Databases are assets of a financial value belonging to mybet and represent a substantial investment made by mybet.

g) "Intellectual Property Rights" means any rights in computer software (including source codes), rights in databases, rights in know-how, design rights, topography rights, copyrights, trademarks, domain names, utility models, brands, business names, registrations of and applications to register any of the aforesaid items and/or rights any of the aforesaid items.

h) "Payment Agent" means the person appointed by mybet to carry out on its behalf and name payments to the Affiliates.

i) "Personal data" means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. It includes without limitation any and all information in relation to New Depositors and/or Affiliates.

j) "New Activities" means any services or products related to the Business which are not offered through mybet websites as of the date of this Agreement and which will be offered through mybet Websites following the date hereof.

k) "New Depositor" means a new customer having made, in compliance with the from time to time existing mybet customer terms and conditions, a first minimum deposit with mybet, or the equivalent amount in any other currency accepted by mybet, or more, and which deposit is utilised for bona fide transactions with an ultimate aim to establish and enter a normal commercial relationship with mybet within the framework of the Business.

l) "Net Profit" means the Affiliates Net Revenue multiplied with the applicable commission percentage/level (see Commission Plan) depending on the Affiliates Total Net Revenue.

m) "Services" means the concept under which mybet’s Business is generally provided and, from time to time, made available in the public domain, in the format of language and localized customized homepages combined with call centre staff having the relevant language skills.

n) "Sub-Affiliate" means an affiliate that has been recruited by another affiliate using one of the sub-affiliate links to do so, enabling the mybet Partners to identify the relationship between Affiliate and Sub-affiliate.

o) "Technical Platform" means a technical tool, back office modules, functionalities and data to record, register and monitor the relevant Affiliate activities, Business and other activities between mybet and New Depositors, which materialize via the advertising space of the Affiliate concerned, ultimately allowing the management of Affiliates' New Depositor accounts opened at mybet.

For the avoidance of doubt, any amounts referred to hereinabove in this definition are amounts attributable to a New Depositor only and are allocated pro rata subject to their participation in the revenue/costs generating events and the Affiliate concerned.

 

02. General scope and object

a) mybet requires third party advertising space to promote its Brand and increase its Business, notably via increasing the number of New Depositors and ensuring that the sources of those new depositors will work with the company to deliver a positive value to the company’s revenues. 

b) Mybet expressly states that the promoting or soliciting of mybet’s products and services is subject to legal restrictions in some countries and may even be prohibited in some cases. These restrictions may vary from time to time, from region to region as well as from audience to audience. Thus, the Affiliate acknowledges that - should the promoting or soliciting of mybet’s products and services or the participation in prize games be prohibited under the rules and regulations of its country of domicile or where its marketing efforts are targeting or be permissible only under certain preconditions that are not met - it may not enter into this agreement and shall, consequently, also not be entitled to post the link on its website. Should any disadvantages whatsoever arise for mybet or the Affiliate due to disregard of the relevant prohibitions in the country of domicile of the Affiliate, the Affiliate shall be exclusively liable for such disadvantages and will exempt mybet from such claims upon first request. The Affiliate is solely responsible to regularly examine if his efforts performed under this Agreement are still compliant with the applicable laws.

c) The Affiliate further confirms that it operates the Affiliate Site under its own name and that it is fully and without restrictions authorized to dispose thereof.

d) Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all and any expenses (including investment and/or running costs) incurred in respect of the obligations it undertakes in terms of this Agreement and will have no right of recourse against the other Party in respect thereof.

 

03. The Affiliate's integration in the mybetPartners

a) Upon conclusion of the Agreement, a unique partner identification code is assigned to the Affiliate in order to integrate the Affiliate in the Technical Platform. By means of the link code assigned within the scope of the mybet Affiliate strategy, New Depositors acquired via the link on the Affiliate's website and the bets / casino wagers placed during such sessions are registered and/or can be further tracked.

b) The preparation of additional advertising material relating to mybet is only permissible with mybet's consent. Advertising material (of any kind whatsoever) may thus only be used after prior written approval by mybet.

c) A change of the URL address of the Affiliate Site shall not constitute a change to the agreement and shall not affect its rights and obligations arising from this agreement.

 

04. Conduct of business

a) Throughout the Term, the Affiliate shall prominently incorporate and continually display the most up to date Marketing tools provided to the Affiliate by mybet on all pages of the Affiliate Site in a manner and location agreed between the Affiliate and mybet and the Affiliate shall not alter the form, location or operation of the Marketing tools without mybet's prior consent.

b) The Affiliate agrees to give mybet the Affiliate's reasonable assistance in respect of the display, access to, transmission and maintenance of the Links.

c) The Affiliate is solely responsible not to place any Marketing tools on pages of the Affiliate Site aimed at persons under the age of 18 years whatsoever (or the age of 21 where this is applicable).

d) The Affiliate shall place Banners, Text Links or other marketing materials and carry out advertising for and on behalf of mybet solely on websites which include content owned or licensed by such website owner. The Affiliate shall under no circumstances place Banners and Text Links and/or any other form of advertising for or on behalf of mybet on websites which include content that infringes third party intellectual property rights.

e) In the event that the Affiliate wishes to place the Marketing tools on websites other than the Affiliate Site, the Affiliate must first obtain mybet's written consent.

f) Μybet has the right to monitor the Affiliate Site to ensure the Affiliate is complying with the terms of this Agreement and the Affiliate shall provide mybet with all data and information (including passwords) to enable mybet to perform such monitoring at no charge.

g) The Affiliate may not purchase or register keywords, 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 mybet's trademarks or otherwise include the word "mybet" or variations thereof, or include metatags on the Affiliate Site which are identical or similar to any of mybet's trademarks.

h) Neither the Affiliate nor the Affiliate's friends or relatives or any other individual related to the Affiliate in any manner whatsoever are eligible to become New Depositors (as defined below) and the Affiliate shall not be entitled to any share of Net revenue or any Fees (or any other remuneration from mybet) in relation to such individuals. If mybet finds evidence of such conduct, the agreement will be terminated with immediate effect. Additionally, mybet is authorized to charge back the paid remuneration and to demand a contractual penalty.

i) The Affiliate shall indemnify on demand and hold harmless mybet from and against any and all losses, demands, claims, damages, costs, expenses (including 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 mybet in consequence of any breach by the Affiliate of this Agreement.

j) The Affiliate shall not:

i. directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or other benefit) for using the Marketing tools on the Affiliate Site to access the mybet Site (e.g. by implementing any "rewards" program for persons or entities who use the Marketing tools on the Affiliate Site to access the mybet Site) without the consent of mybet;

ii. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to mybet by any person or entity;

iii. in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the mybet Site;

iv. engage in transactions of any kind on the mybet Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;

v. take any action that could reasonably cause any end user confusion as to mybet's relationship with the Affiliate, or as to the site on which any functions or transactions are occurring;

vi. other than providing the Marketing tools on the Affiliate Site in accordance with this Agreement and any promotion contemplated by Clause 4(j), post or serve any advertisements or promotional content promoting the mybet Site;

vii. post or serve any advertisements or promotional content promoting the mybet Site or otherwise around or in conjunction with the display of the mybet Site (e.g., through any "framing" technique or technology or pop-up windows or pop-under windows) or assist, authorize or encourage any third party to take any such action;

viii. attempt to artificially increase monies payable to the Affiliate by mybet;

ix. cause the mybet Site (or any page thereof) to open in a visitor's browser other than as a result of the visitor clicking on a Link on the Affiliate Site;

x. attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on any website that participates in mybet's affiliate program; or

xi. use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Depositors to the mybet Site. Mybet determines, in its sole discretion, whether the Affiliate has engaged in any of the foregoing activities or doubtful patterns, and the list above is not limitative. As a result mybet may without limiting any other rights or remedies available to it, (a) withhold any monies otherwise payable to the Affiliate, in particular adjust the commission earned on the offending player in the affiliate account to 0%, sever the relationship between the affiliate and the player account and/or (b) close the player and/or affiliate account and/or immediately terminate this Agreement.

k) If the Affiliate contacts any of the Affiliate's users to promote mybet’s platform, products, services or the Links, the Affiliate shall make clear in the body of any such communication that such communication is made without the knowledge or involvement of mybet and that any complaint that the relevant user may wish to make should be addressed to the Affiliate and not mybet.

l) During the entire duration of the contractual relationship, the Affiliate is obliged to evaluate the desirability of the intended or conducted marketing measures in regards of the compliance with the provisions of this Agreement.

 

05. Mybet's Obligations and Rights

a) Mybet shall supply the Affiliate with the Marketing tools for inclusion on the Affiliate Site and may update such Marketing tools from time to time.

b) Subject to the Affiliate complying with mybet's instructions with regard to tracking of New Depositors accessing the mybet platform, products or services via the Marketing tools on the Affiliate Site, mybet shall use its reasonable endeavours to ensure that whenever a New Depositor signs up to the mybet Site through the Marketing tools on the Affiliate Site and he subsequently places a bet with mybet, the relevant New Depositor is identified as originating from the Affiliate Site. However, mybet shall not be liable to the Affiliate in any way if mybet is unable to identify a New Depositor as originating from the Affiliate Site.

c) Mybet 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 6) through any company within the group of companies containing mybet.

d) Mybet shall have the discretional right to accept or decline any offer to execute the mybet General Affiliate Marketing Agreement. In the event mybet declines an offer, it shall not be obliged to indicate a reason, nor shall any compensation, remuneration or other indemnity be due.

e) Mybet shall develop and make available to the Affiliates advertising material for the advertising space of the Affiliate. This material will be updated regularly based on the overall marketing strategy of the company.

 

06. Commission

a) The Affiliate is restricted to one Affiliate account only unless otherwise agreed to in writing by mybet.

b) The Affiliate shall not earn Commission on the Losses of a Customer account, where such account registered with mybet belongs to the Affiliate, any Sub-Affiliate linked to the Affiliate, or the Affiliate's employees or immediate family members or friends, whether or not such Customer account is in use for the purposes of testing or play with mybet.

c) Mybet has and reserves the right to pass on any financial costs to the Affiliate's account that may be incurred due to fraudulent activity by the Affiliate himself, his Customers, sub-contractors, and/or the Affiliate's employees, which the Affiliate has introduced to mybet.

d) Mybet will calculate affiliate accruals in the beginning of the calendar month that follows the month when positive revenue has been generated. Payments will be initiated after the internal accounting process has started. For the completion of the affiliate payment, the affiliate will need to send an invoice with the correct payment details, within a week (7 days) from the day the affiliate invoice will be available for download on the partner website. Affiliates that will fail to provide the downloaded invoice by the 7th day of the deadline, might experience delays with the affiliate payment of the month. Please note that payments may be frozen in accordance with the provisions of this Agreement. Mybet shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising. See more information here.

e) Payment shall be made by mybet to the Affiliate’s nominated Bank Account. The Affiliate has to ensure that the details of the nominated bank account are always up to date. In case any changes occur, the Affiliate has to communicate the changes to mybet openly, early enough and change the settings in his affiliate account. In case of chargebacks or false reservations because the Affiliate has not kept these details up to date, the Affiliate has to bear the costs incurred. If it comes to return or accounting errors, which are due to the fact that the partner has not kept the details as required, the partner has to bear the resulting costs.

f) The minimum payable amount has been set to 100 Euros and may be altered by mybet at its sole discretion. Any commissions earned in a month equal to or greater than 100 Euros will be paid via the Affiliate's preferred payment method. Amounts earned that are below the minimum threshold of 100 Euros will be carried forward to the following month.

g) Revenue share payments are calculated based on the following formula:

Affiliate Earnings = Net Revenue x Affiliate Revenue Share %

Net Revenue is calculated as:

Sports: Net Revenue = Bet Amount – Win Amount – Bonuses – Adjustments*

Casino: Net revenue = Casino Stake – Casino Win – Bonuses – Adjustments*

*Adjustments are calculated as:

Sports: Gaming Tax** + Chargebacks

Casino: Gaming Tax** + Chargebacks + Jackpot Contributions + 3rd Party Royalties

**Please note that the tax calculation for players and subsequently for affiliates might vary based on the player jurisdiction. For more information on how the tax is deducted in the market that you operate, please contact your account manager at mybet partners.

h) mybet partners will offer a Standard Reward plan with negative carryover to those affiliates who join the affiliate program without agreeing to a special deal prior to their registration.
This means that negative earnings which are a result of a net win by the Customers referred from the Affiliate will be carried forward to the following month. Please contact us at affiliates@mybetpartners.com if you wish to discuss a deal without negative carry over.

For information on the payment plans offered by mybet Partners please click here.

*  Revenue share commission plan is described on the Reward Plan page of mybet partners website. Please click here to review this information.

 

07. Intellectual Property

a) Nothing in this Agreement or the entire contractual relationship shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks, registered designs, copyrights, database rights, rights in designs, inventions and Confidential Information, etc. which arise in result of entering into or the performance of this Agreement.

b) All Intellectual Property Rights created and/or deriving out of this Agreement, including, without limitation, banners, advertising material, contents, the Database, including contents and personal data, shall be or become the sole property of mybet, and Affiliate shall have absolutely no rights therein.

c) Mybet grants the Affiliate a non-exclusive and worldwide right to display the mybet Brand features and related content (the "mybet Content") during the Term solely for the purposes of the display of the Marketing tools by the Affiliate on the Affiliate Site as set out in this Agreement and in accordance with mybet' guidelines as may be provided to the Affiliate from time to time. All intellectual property rights and any goodwill arising in the Marketing tools and in all betting products, associated systems and software relating to the services provided by mybet to its New Depositors from time to time shall remain the property of mybet. The Affiliate is not permitted to use the mybet Content in any way that is detrimental to mybet or the reputation or goodwill of mybet. The Affiliate is not permitted to alter or modify in any way the mybet Content without the express prior written consent of mybet.

d) In particular, unless with prior written approval, the Affiliate may not purchase or register domain names which are identical or similar to any of mybet's trademarks or otherwise include the word "mybet" or variations which are identical or confusingly similar to any of mybet's trademarks.

e) The Parties agree that the right mentioned in Clause 7 (b) is non-transferable and terminable at any time at the instance of mybet.

f) The Affiliate agrees that the Affiliate Site shall not resemble in any way the appearance and/or the general impression of the mybet Site, nor will the Affiliate create the impression that the Affiliate Site is the mybet Site (or any part thereof).

g) Upon termination of this Agreement, each Party shall hand over to the other Party proprietary material or information and destroy in a secure manner remaining copies of the same. Notwithstanding any disposition to the contrary in this Agreement, Affiliate acknowledges that after termination of the Agreement, it will not be allowed to keep a copy of the mybet Content, the Databases, personal data or Confidential Information, and may not exploit, directly or indirectly, mybet proprietary information, materials or works.

 

08. Warranties

a) 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 licenses granted in this Agreement and to perform all its obligations under this Agreement.

b) Each party of this Agreement represents, warrants and undertakes to the other that it has obtained and will maintain in force all necessary permits, registrations, authorizations, consents and licenses to enable it to fulfil its obligations under this Agreement and that it fully complies with, and shall continue to comply fully with, the preconditions set out in this Agreement and all applicable laws and regulations in each and every activity performed under this Agreement.

c) The Affiliate represents, warrants and undertakes that the Affiliate Site shall contain no material which is defamatory, pornographic, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third-party rights and shall not link to any such material.

d) Additionally, the Affiliate warrants that it shall at all times comply with any laws applicable, in particular with the laws of Malta, Germany and the European Union and the Affiliate shall indemnify on demand and hold harmless mybet from and against any and all losses, demands, claims, damages, costs, expenses (including 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 mybet in consequence of any breach by the Affiliate of this warranty.

e) The affiliate shall prevent access to children and young persons. Affiliates must not deliberately provide facilities for gambling in such a way as to appeal particularly to children or young people, for example by reflecting or being associated with youth culture.

 

09. Disclaimer

Mybet makes no representation that the operation of the mybet Site will be uninterrupted or error-free and mybet will not be liable for the consequences of any interruptions or errors.

 

10. Indemnity

The Affiliate (the "Indemnifying Party") shall indemnify on demand and hold harmless mybet and each of its associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Party") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation 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 the Indemnified Party in consequence of any breach, non performance or non observance by such Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement.

 

11. Exclusion of Liability

a) Nothing in this Clause shall limit mybet's liability resulting from wilful misconduct. Neither mybet nor any of its subsidiaries, sister companies, affiliates, agents or subcontractors will be liable for any delay or failure to perform its obligations under this Agreement to the extent that the delay or failure is caused by any of the following:

i. failure, interruption, infiltration or corruption of any hardware, software or other telecommunications or data transmission system;

ii. interception or seizure compelled by law or regulation; or

iii. circumstances beyond mybet’s reasonable control.

b) Mybet shall not be liable, in contract, tort (including without limitation negligence) or for breach of statutory duty or in any other way for:

i. any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or

ii. any loss of goodwill or reputation; or

iii. any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement.

c) Mybet makes no warranties to the Affiliate with respect to mybet’s platform, services or products nor any other services to be performed by the Affiliate under this Agreement except as expressly set out herein, and all implied and statutory warranties, including without limitation, any warranty of fitness for a particular purpose, are hereby expressly disclaimed except where implied or statutory warranties cannot be disclaimed by applicable law.

d) The liability of mybet shall not, in any event, exceed the average sum of the total monies paid by mybet to the Affiliate over the 3 months period preceding the date on which such liability accrued.

 

12. Term and Events of Default

a) This Agreement shall start on the date that mybet expressly notifies the Affiliate that its application has been successful in accordance with Clause 4. This Agreement shall continue thereafter unless and until terminated in accordance with Clauses 12 (b), (c), (d) and (f) (hereinafter the "Term").

b) An Affiliate that has not contributed to any New Depositors within a 6 months period may become subject of a review of their Affiliate status and have his account terminated or his deal changed.

c) Notwithstanding Clause 12 (a), mybet may bring the Term to an end with immediate effect if:

i. The Affiliates promotes the brand in a way that:
a) it targets minors (below the age of 18 or a higher age as determined in any applicable jurisdiction);
b) it targets audiences in the Blocked or Restricted Marketing Territories;
c) any ads are placed on websites that promote discrimination, such as based on race, sex, religion, nationality, disability, sexual orientation or age;
d) mybet’s ads are placed on websites that infringe intellectual property rights (including mybet´s, those of any Sites or those of any third party);
e) ads are placed on a website whose content is libellous, obscene, sexually explicit or violent;
f) the brand’s ads are placed on websites that promote any unlawful activities;
g) at mybet´s discretion is deemed unsuitable or inappropriate.

ii. The Affiliate has been found guilty of a criminal act.

iii. The Affiliate becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, liquidator, administrator or manager appointed over the whole or any part of its business or assets or if any application shall be presented, order shall be made or resolution shall be passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium.

iv. The Affiliate sells its business, or any part herein, and/or registers any change of beneficial owner.

d) Mybet reserves the right to change the commission plan and/or bring the Term to an end at any time.

e) Mybet shall forthwith give notice in writing to the other party of any event within clause 12(b) (ii) which occurs during the Term and which would entitle mybet to terminate the contractual relationship.

f) The parties shall have no further obligations or rights under this Agreement after the end of the Term, without prejudice to any obligations or rights which have accrued to either party at the time when the Agreement ends save that clauses 1, 2, 8, 9, 11, 12, 13(e), and 14, together with those other clauses the survival of which is necessary for the interpretation or enforcement of this Agreement, shall continue to have effect after the end of the Term.

 

13. Start and Duration of the Agreement

a) The Agreement shall be effective when signed by both parties or by the acceptance of mybet and shall be effective for an indefinite time.

b) The Agreement may be terminated by either party at any time via e-mail or in writing form, with immediate effect or on the expiry of a certain date. Mybet shall be entitled to terminate the Agreement with immediate effect and apply a contractual penalty against the Affiliate equal to the commission dues save for the higher damages suffered in the event that mybet has a good reason to suspect and/or can determine that one or more of the following fraudulent activities have taken place or are about to take place:

i. Fraudulent activities by the players include, but are not limited to, the following: chargebacks, incorrect player data, minor players, money laundering. Fraudulent activities by the Affiliate include, but are not limited to, the following: if the Affiliate initiates or attempts to initiate a unjustified payment by mybet; if the Affiliate and the player have the same IP address and/or if the player is a direct relative to the Affiliate or has another close relationship; if mybet has any doubt as to the true identity of the Affiliate; and if the Affiliate is not able to provide mybet with appropriate identification to effectively verify his identity.

ii. Fraud traffic means, especially but not limited to, any simulated new player, any self-referring, any simulated introduction of a player via the affiliate’s tracker ID, any double introduction of an individual player already introduced, any introduction in pretence, any acquisition of players and/or data through illegal means or similar action, or players generated via the use of illegal measures and disrupting marketing methods, spam, unauthorized sources, cookie stuffing / cloaking, brand bidding, typosquatting,  creation of false accounts and unauthorized use of any third-party accounts, collusion, multiple subscriptions from a single e-mail address, sequential names or patterns of names, subscriptions from employees or other parties related to the Affiliate, manipulation of the service or system, any alterations or modification of the marketing material provided and the intellectual property rights. Any dispute as to whether an issue is to be considered fraud traffic or not shall be resolved and conclusively determined solely by mybet, regardless of whether damages have been incurred by mybet.

iii. In the event that mybet reasonably deems that fraudulent activity has taken place in relation to the generation of the commissions, mybet shall be free to notify the Affiliate promptly of the nature of the fraud and of the identity of the perpetrator of the fraud. The Affiliate shall rectify the situation within 24 hours from the notification. If the situation cannot be clarified to the satisfaction of mybet within these 24 hours, mybet shall be entitled to terminate the Agreement with the Affiliate immediately and terminate the contractual relationship with immediate effect. Mybet has the right to withhold any commission as from the moment at which mybet suspects any fraudulent activity. In mybet’s sole discretion, mybet may recalculate the commission considering such suspected fraud traffic or forfeit the Affiliate’s commission in respect of fraud traffic.

c) If the Agreement is terminated by mybet for one reason mentioned above, mybet shall be relieved of its payment obligations as agreed.

 

14. General

a) This Agreement and the respective insertion order constitute the entire Agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement. Deviating provisions of the Affiliate have no validity, regardless of whether mybet has expressly rejected them. Each of the parties acknowledges and agrees that in entering into this Agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.

b) In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

c) The Affiliate shall not without the prior written consent of the other party assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-license or deal with this Agreement or any rights under this Agreement, or sub-contract any or all of its obligations under it or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.

d) If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be served from the agreement. In such a case, the parties undertake to replace the invalid provision with a valid provision corresponding to the parties' original intention.

e) Any notice given or made under this Agreement to mybet shall be by email to (affiliates@mybet.com) and marked for the attention of the Affiliates Managers (or as otherwise notified by mybet hereunder). Mybet shall send the Affiliate any notice given or made under this Agreement to the email address supplied with the Affiliate's application form or such other email address as notified by the Affiliate to mybet. Any notice shall be deemed to have been received within two hours of delivery provided that if deemed receipt occurs before 9.00a.m on a Work Day the notice shall be deemed to have been received at 9.00a.m on that day, and if deemed receipt occurs after 5.00p.m on a Work Day, or on any day which is not a Work Day, the notice shall be deemed to have been received at 9.00a.m on the next Work Day.

f) Each party undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other party or of any member of the group of companies to which the other party belongs which may have or may in future come to its knowledge and each of the parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.

g) Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or to authorize either party to act as an agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power.

h) Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.

i) The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the laws of Germany. The CISG shall not be applicable.

j) The place of jurisdiction is Berlin. Mybet is, however, also entitled to bring an action at the seat of the Affiliate or at any court of competent jurisdiction at its own opinion.

 

15. Severability

Should one of the contractual provisions be or become ineffective, said ineffective provision will be replaced by one which shall come as close as possible to the commercial purpose of the void provision. All other stipulations of the agreement shall continue in full force and effect.

 

16. Counterparts

This may be executed in any number of counterparts, each of which when executed and delivered shall be an original, however, all counterparts together shall constitute one and the same instrument.