Unibet changes terms – Negative Carryover

Terms spidered on September 5th, 2011 05:01 AM

SUMMARY: All of the terms are here for warning purposes only and are NOT applied retroactively. For future affiliates, if you do not like Negative Carryover, either talk to Unibet ahead of time or do not promote.

Definition – Gross Revenue
Gross Revenue means the value of the revenues generated by all players referred by the Affiliate across all products; e.g. in sportsbook or casino, the Gross Revenue would be equal to all (settled) bets less wins and in poker the Gross Revenue would be the rake (i.e. the amount that is charged on each qualified pot in cash ring games and/or the fees charged to players to compete in poker tournaments). For the avoidance of doubt; any bet that is not accepted for a legitimate reason, in the sole discretion of Unibet, (e.g. players bad debts) shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue. 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 in the nature of any of the aforesaid items. Payment Agent means the person appointed by Unibet to carry out Net Revenue, calculated on its behalf and name payments to the Affiliates; Personal data a monthly basis, means any information relating to any personthe monthly Gross Revenue less costs, whether individual or legal that which includes but is or may be identified from time not limited totime (directly or indirectly). It includes without limitation any : taxes, betting duties, third party commissions/fees for providing games and all information in relation to New Depositors and/or Affiliatesgame software etc, financial transaction fees, bonuses, loyalty rewards, rakeback, cashbacks and charge backs.

Definition – New Depositer
New Depositor means a new customer having made, in compliance accordance with the from time to time existing Unibet terms and conditions(the Rules), as varied from time to time, which it has accepted, a first minimum deposit with Unibet, or the equivalent amount in any other by Unibet accepted currency, or more, and which deposit is utilized used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with Unibet within the framework of the Business. Net Profit Payment Agent means the total sum of the following six (6) components:(i) on sportsbook activities, all gross monies received by us in respect of all settled bets made person appointed by New Depositors after deducting; (i) monies paid Unibet to carry out on its behalf and name payments to New Depositors as winnings; (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) (iii) bad debts; (iv) fraud; (v) returned stakesAffiliates; (vi) transactions which are reversed by instruction from the card-holder’s bank (commonly referred Personal Data means any information relating to as charge-backs); and (vii) voids and bet/deposit bonuses. (ii) on casino activitiesany person, the value of opening balance with the addition of funds transferred in less (i) funds transferred out (ii) closing balance (iii) credits made whether individual or legal that is or may be identified from time to users (iv) licensing fees (v) charge-backs (vi) bad debts and time (vii) frauddirectly or indirectly). (iii) on poker activity, the gross rake less (i) licensing fees, (ii) poker chips bonus, (iii) charge-backs, (iv) bad debts and (v) fraud, (vi) rake back, (vii) cash back.(iii) on games activity, the gross stake, less (i) voids, (ii) returns (iii) betting duty, (iv) licensing fees, (v) credits made to users, (vi) bonuses (vii) charge-backs, (viii) bad debts and (ix) fraud.(iv) On New Activities, the gross monies received by us in respect, less prize monies (winning) paid out in connection with New Activities (v) Less arms length commission, license fees and/or similar paid out to Third Parties due to profit sharing arrangement, including but not only fees for the Technical platform, affiliates prizes and other similar costFor the avoidance of doubt, It includes without limitation any amounts referred to hereinabove and all information in this definition are amounts attributable relation to a New Depositor only and are allocated pro rata subject to their participation in the revenue/costs generating events and the Affiliate concerned.Services

General Marketing
2. General scope and object. a) Unibet requires third party advertising space to promote its Brand and increase its Business, notably via increasing the number of New Depositors, and will, from time to time in cooperation with third parties, negotiate, sign and carry out its affiliate marketing strategy. In the event Unibet uses a third party for the (partial) roll-out of its affiliate marketing strategy, including contract negotiation, day-to-day management of the Technical platformPlatform, payment processing, marketing or other activities, this irrespective of the legal capacity of the intermediary, whether as agent, subcontractor or other, Unibet (London) Ltd is and remains exclusively responsible for the proper execution of the Agreement.bAgreement. b) Unibet expressly states that the promoting or soliciting of bets is subject to legal restrictions in some countries and may even be prohibited in some cases. These restrictions may vary from time to time. Thus, the Affiliate acknowledges that – should the promoting or soliciting of bets or the participation in prize games be prohibited under the rules and regulations of its country of domicile or be permissible only under certain preconditions 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 harm or loss whatsoever arise for Unibet or the Affiliate due to the Affiliates disregard of the relevant prohibitions in the country of domicile of the Affiliate, the Affiliate shall be exclusively liable for such disadvantages and shall hold Unibet harmless and full indemnify it for any such liability incurred by Unibet.. c) The Affiliate further confirms that it operates the Affiliate Site website, where its affiliate link will be palced, under its own name and that it is fully and without restrictions authorised 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

Player Tracking
3. The Affiliates integration in the Unibet Affiliate Network a) Upon conclusion of the Agreement, a unique partner identification player tracking code (often in the form of a URL) is assigned to the Affiliate, and the Affiliate is integrated in the Technical Platform. By means of the link player tracking code assigned within the scope of the Unibet Affiliate strategy, New Depositors acquired via the link on the Affiliate’s website and the bets placed during such sessions are registered and/or can be further tracked. b) The preparation of additional advertising material relating to Unibet is only permissible with Unibets consent. Advertising material (of any kind whatsoever) may thus only be used after prior written approval by Unibet. c) A change of the URL address of the Affiliate Site shall not constitute a change to the agreement Agreement and shall not affect its the rights and obligations of the Affiliate arising from this agreement. d) Ensuring that the correct player tracking code , (i.e. the unique tracking code that the Affiliate can pull from the Affiliate platform), is utilised correctly is the responsibility of the Affiliate.

Top Level Domains
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 and which are identical or similar to any of Unibet’s trademarks or otherwise include the word Unibet or variations thereof in the domain name, (i.e. after any prefixes but before the top level domain suffix), or include metatags on the Affiliate Site which are identical or similar to any of Unibet’s trademarks. g)

Marketing Restrictions
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 Links on the Affiliate Site to access the Unibet Site (e.g. by implementing any rewards program for persons or entities who use the Links on the Affiliate Site to access the Unibet Site);

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

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

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

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

vi. other than providing the Links 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 Unibet Site;

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

viiiaction; viii. attempt to artificially increase monies payable to the Affiliate by Unibet;ixUnibet;

ix. cause the Unibet 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; orx. or attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on any website that participates in Unibet’s affiliate program.xiprogram.

x. register more than one Affiliate account with the Unibet Affiliate program. If any exception is to be made, it must be confirmed in writing by the Head of the Affiliate program.

xi. use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Depositors to the Unibet Site.

xiiSite. Be xii. be under eighteen (18) years of age; and he/she is obliged to provide Unibet upon simple request at any time a copy of his/her ID and billing address if needed. Unibet reserves the right at any time to request that the Affiliate or player produce documents to verify his/her identity and/or other facts. Refusal to do so may be considered, at Unibets sole discretion, as fraudulent activity that will be subject to all the consequences listed above.

xiii. fail to keep its website content compliant with any content and phrasing obligations and/or restrictions imposed on Unibet by third party suppliers (e.g. a poker software provider for Unibet has forbidden Unibets Affiliates from marketing Unibets Poker Loyalty Scheme as anything higher than 30% RakeBack). If a licence to use such a phrase has been granted by Unibet and/or the software provider for a limited time, then the Affiliate must make an appropriate update to their site on the expiry date of the said licence. In the event that the Affiliate, for any reason, does not have knowledge of the expiry date of any such licence, the affiliate must have updated their website within 2 business days of notification to the email listed in their Affiliate account.

xiv. apply for a new affiliate account if they have previously had an account closed due to breach of the Unibet Affiliate Program Terms and Conditions without disclosing that they previously have had an affiliate account with the program.

xv. incentivise, or indicate how, sports betting arbitrage could be used at Unibet and/or other betting options that statistically prevent the spirit of the affiliate partnership from being profitable for both parties.

xvi. claim a commission on a new Affiliate account created by an Affiliate who simultaneously has another Affiliate account in the Unibet Affiliate program.

(j) If Unibet determines, in its sole discretion, which that the Affiliate has engaged in any of the foregoing activities, or Unibet detects any doubtful betting patterns, suggestive of any unlawful activity or a breach of any obligations of the Affiliate under this agreement (including, but not limited to, patterns that suggest that the referred player(s) in question is benefiting from money back or incentives from the Affiliate to compensate for their losses; and/or a consistently low number of referred players is active on the site; and/or 50% or in relation to Sportsbook or live casino, more of the total stakes in any monthly period is being bet on a single outcome by all referred players (such as arbitrage, including arbitrage in a team format where safe bet calculations have been given to players by their Affiliate)), Unibet shall have the right to, terminate the contract immediately, and or to withhold payment of any commission due to the list above Affiliate that has been derived from the purported breach. Unibet may also, in such circumstances, and without prejudice to any other rights it has, alter the commission structure whereby any monthly commission will be calculated with reference to the Net Revenue earned over the previous month(s) i.e. negative Net Revenue in one month will be carried over to the next month and then used to calculate the Net Revenue for that month; if the Net Revenue for that month is not limitativealso negative, both sets of negative NET Revenues will be carried over again to the following month. As In such a result case, Unibet may will notify the Affiliate of the proposed change in the payment of the commission, whereupon, the Affiliate will have 7 days within which to cancel the Agreement. If the Affiliate has not cancelled the Agreement within this period, it shall be deemed to have accepted the revised payment structure. Furthermore should any fines be incurred due to the Affiliates lack of compliance with subsection 4. i) xiii., and without limiting prejudice to any other rights or remedies available to itUnibet, (a) withhold choose to pass any monies otherwise payable such fine onto the Affiliate either by deducting from future commissions until the debt is settled or bill the affiliate for each breach they had incurred.

k) As an alternative to the options available to Unibet which are set out in clause 4(j) of this above, Unibet may, as a result of the Affiliates actions indicative of a breach of this agreement, elect to suspend any payment due to the Affiliate while it investigates any suspected breach. If it chooses to suspend the account for this reason, in particular adjust it shall notify the commission earned on Affiliate at the offending player in earliest opportunity, informing it that doubtful betting patterns have been detected and that the affiliate account has been suspended as a result. If the Affiliate wishes to 0%terminate its account in such circumstances, sever it may do so at any time during the relationship between suspension period. Unibet shall investigate the affiliate suspected breach, and shall inform the player account and/or (b) close Affiliate of the player and/or result of its investigation no later than beginning of the second once-monthly affiliate account and/or immediately payment days. If Unibet finds sufficient evidence to suggest a breach of the agreement, it shall terminate this the Agreement forthwith, and the Affiliate shall not be entitled to any monies currently owing to it as a result of the breach. jIf Unibet concludes that no breach of the Agreement has occurred with respect to the activity of the Affiliate or its customers, it shall pay the Affiliate all monies owed to it and shall calculate an amount of Net Revenue for the period of suspension based on a average of the Net Revenue generated by the Affiliate in the preceding 3 months (or if the Affiliate has not been registered for 3 months, for the number of months that it has been registered for). If the suspension takes place within the first month, the amount that has been generated up to the date of suspension will be extrapolated, to provide a figure payable to the Affiliate for the period of suspension of its account.

l) If the Affiliate contacts any of the Affiliates users to promote the Unibet Site 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 Unibet and that any complaint that the relevant user may wish to make should be addressed to the Affiliate and not Unibet.kUnibet.

m) The Affiliate shall at all times comply with the Data Protection Act (Chapter 440 of the Laws of Malta) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.llegislation.

n) In any event, the Affiliate shall inform users of the Affiliate Site (Users), via a privacy policy or other appropriate means, that tracking technology will be installed on the Users hard drive when a User clicks on the Links. The Affiliate shall provide Users with the opportunity to reject the installation of such tracking technology in accordance with Regulation 6 of the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Commissions
6. Commission, Payment and Payment Terms

a) The Affiliate in the Unibet Affiliate Network shall be entitled to receive, on a monthly basis a revenue an amount based on a percentage (to be agreed upon between the parties) of the Net Profit Revenue (Commission).

b) The Affiliate shall be entitled to receive the Commission for each New Depositor for a lifetime value from the date of the first deposit made by the New Depositors, except in the event of a termination of the Agreement. In the event of the termination of the Agreement, the payment of the Commission shall end after a period of 6 months following the date of the effective termination of the Agreement.

c) To receive revenue commission based on a percentage of the Net profit Revenue of his their Sub-Affiliate, the Affiliate shall register the sub-affiliate Sub-affiliate through the Unibet Affiliate Networkprogram. The Affiliate is individually responsible for registering his their Sub-Affiliate and cannot claim revenue from a Sub-Affiliate not registered through the Unibet Affiliate Network nor can the Affiliate claim a commission on a new Affiliate account created by an Affiliate who simultaneously has another Affiliate account in the Unibet Affiliate program. The Terms Affiliate shall ensure that the Sub-affiliate complies with these terms and Conditions conditions shall apply to the Sub-Affiliate by making it aware of them before it enters into any arrangement with the Affiliate in relation to this agreement. The Affiliate undertakes the responsibility to not to use a fictitious name or alias when registering a Sub-Affiliate and is not allowed to register himself as a Sub-Affiliate. The Affiliate is entitled to receive 10% of his Sub-Affiliates commission.dcommission. At the sole discretion of Unibet, the Head of the Affiliate Program may, without prejudice to any other rights or remedies available to Unibet, choose to deal with Sub-Affiliate account fraud, i.e. failure to comply with the forgoing rules by; merging duplicated accounts and/or apply the original reward plan to the players from the secondary Affiliate account and/or severe the link between the master Affiliate Sub-Affiliate and/or terminate the Affiliate agreement for either affiliate.

d) Unibet shall provide the Affiliate with statements accessible through the Technical Platform Affiliates Unibet Affiliate Account accessible at http://www.netrefer.com http://www.unibetaffiliates.com detailing the number of New Depositors and the Affiliates share of Net ProfitRevenue, if any, which have accrued to the Affiliate over the course of the calendar month. Such statements shall in principle be updated daily. At the end of a calendar month, Unibet shall record the Affiliates total share of Net ProfitsRevenue, if any, during the previous calendar month (Commission). If a Revenue Share does not exceed 100 GBP Euros or similar, Unibet shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds 100 GBP Euros or similar.esimilar.

e) It is understood and agreed that Affiliate has at any time secured real time access to the Technical Platform, always provided that Unibet does not object such access for duly motivated reasons, such as network and IT maintenance and/or security threats. Affiliate understands and accepts that the real time data of the Technical Platform are merely estimations and/or have an indicative value. After the end of each calendar month, shall Unibet provide Affiliate with a consolidated monthly statement containing the aggregated and accurate data concerning the generated Net Profits Revenue and the commissions of each Affiliate.

f) Affiliate understands and accepts that access to the Unibet Technical Platform, including without limitation the Netrefer NetRefer back-office module, is subject to the highest confidentiality obligation and any misuse, whether intentionally or not, of said limited access right shall be considered as a substantial breach of essential obligations under the present Agreement (obligation of result).gresult). g) All payments to Affiliate shall be made by a Payment Agent appointed by Unibet. Both Parties agree and acknowledge that Unibet may change from time to time, and at its sole discretion, the payment method and/or Payment Agent, always provided Unibet (London) Ltd is and remains exclusively responsible for payment of any amounts due.

h) All payments required to be made under this Agreement shall be made in GBP or Euros. The applicable exchange rate, if any, shall be the ones from time to time used by Unibet for internal Group reconciliation purposes, as for currently reported by OANDA (http://www.oanda.com) a registered Futures Commission Merchant (FCM) with the Commodity Futures Trading Commission (CFTC) and a member of the National Futures Association (NFA ID #0325821). For the avoidance of doubt, all payments shall be made inclusive of VAT, if applicable and the

i) Affiliate is individually responsible for withholding tax, commissions that do not require VAT and social fees.i) Invoices and payment to be added are processed automatically through the Netrefer NetRefer technical platform without the need for the Affiliate to raise an invoice. Payments shall be made approximately between the 5th 10th and 15th in the 10th following month calendar month. If the Affiliate is registered for VAT or wishes for VAT to be added to the monthly commission, it shall invoice Unibet before the 5th day of the month following the month for which the commission is to be paid. Failure to submit a valid invoice by this date will result in possible delay of each calendar payment to the following month. addressed to Unibet (London) Ltd, 4th Floor Wimbledon Bridge House, 1 Hartfield Road, London, SW19 3RU and the PO number provided by their affiliate manager and email the invoice to [email protected]

j) In the calculation of Net ProfitRevenue, when a New Depositor account results in a negative balance for the Affiliate, due to New Depositor winnings and/or bonuses etc, the said balance will be carried over to the next month, unless the deal has been adjusted to a no negative carry over reward plan which must be approved by the Head of the Affiliate program in which case, any negative Net Revenue will be set to zero at the beginning of each month. No negative Negative carry over is not intended to be applied to any deal retroactively and will be taken into part of the standard reward plan for Affiliates who sign up to the Affiliate program after 05th September 2011.

k) The Affiliate is responsible for making sure there are accurate payment details in its Affiliate account from one month and as such, any payment made to another accounts listed in the calculation Affiliate account will be considered as payment made by Unibet. Any cost incurred by Unibet owing to incorrect payment details provided by the Affiliate will result in those fees being passed onto the Affiliate in the next monthly payment cycle in which there is a payment owing to the affiliate.

l) If for any reason the Affiliate has been paid an incorrect amount, (e.g. the Affiliates commission on the Net Revenue for a calendar month had already been calculated by including a failed sports bet, or the like, before Unibet was able to update the affiliate platform from where Net Revenue is displayed and Affiliate commissions calculated), then without prejudice to any other rights, Unibet reserves the right to deduct the corresponding amount of overpayment to the Commission Affiliate from the following months commission, and each month thereafter, until the debt is repaid in full OR add the Net Revenue difference to a proceeding month.

m) If there is a valid payment owing to an Affiliate for a period of five years or more due to a result of any or all of the following, incorrect payment details, missing payment details, invalid or no-longer valid payment details, and the Affiliate has not responded to all reasonable contact attempts from Unibet on the topic of their payment details, then the payment will be cancelled.
SUMMARY: Lots of changes here, please look them over if you are a Unibet affiliate.