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[Tower – Justin]

Betfair changes terms, activity rule and more

Terms spidered on March 21st, 2013 04:36 AM

SUMMARY: While Betfair has always had a predatory Minimum Player Rule, they have increased that rule to be effective during a 3 month period (was previously a 6 month period).

Net Revenue Calculations
Net Betting Casino Winnings means total winnings from Customers (stakes received less winnings paid out) generated by the casino product accessible via the http://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), 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

Net Casino Winnings Net Fixed Odds Winnings means total winnings from Customers fixed odds betting (stakes received less winnings paid out) generated by the casino product accessible via the http://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), 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 Revenue means the total of Net Arcade Winnings, Net Betting Exchange Commission, Net Fixed Odds Winnings, Net Multiples Winnings, Net Games Commission, Net Poker Rake and Net Casino Winnings generated by Customers;

parties means the parties to this Agreement;

Revenue Share means the revenue share payments described in Clause 4.3;

Playing on your own affiliate tag
3.2 You agree that:(a) neither you nor your Immediate Family may not become Customers and you shall not be entitled to any payment under this Agreement in relation to such persons;(b) Betfair may monitor the Internet Site to ensure you are complying with the terms of this Agreement and you will provide Betfair with all data and information including passwords to enable Betfair to perform such monitoring at no cost to Betfair; and(c) the Electronic Commerce (EC Directive) Regulations 2002 will not apply to this Agreement.

Minimum Activity Rule
4.3 Subject to these terms, if you select a Revenue Share Betfair shall pay you in respect of each Customer:(a) the selected agreed percentage of Net Betting 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;(b) the selected agreed percentage of Net Betting 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; and (c) the selected agreed percentage of Net Fixed Odds Winnings for as long as a Customer has an account with Betfair or a Group Company if such Customer is introduced on or after 1/11/12; and (d) the agreed percentages of Net Arcade Winnings, Net Games Commission, Net Poker Rake and Net Casino Winnings for as long as a Customer has an account with Betfair or a Group Company.

4.4 If you are paid by Betfair on a Revenue Share basis and you do not introduce any Customer for a period of six three (6) 3) consecutive months, Betfair reserves the right to pay you will be paid no more than 5% of Net Revenue in respect of Customers introduced by you until you introduce a total of three new CustomerCustomers, at which point (after the introduction of the third Customer) your rate of commission will revert to the level it was before it was reduced in accordance with this clause.

Player Conversion
4.14 In the event that a Customer:(a) has been introduced in breach of any term of this Agreement;(b) makes an initial deposit which is subject to a chargeback or which is reversed for any other reason;(c) uses your Refer and Earn code or that of a member of your Immediate Family (or the code relating to any similar or replacement Betfair customer referral scheme) when signing up for an account;(d) opens an account using a promotional code which you have promoted and which is either expired or has not been approved by Betfair for you to promote;(e) fails any identity or credit checks carried out by Betfair or on its behalf;(ebehalf;(f) is located in a territory from which the Betfair and its Group Companies does not accept customers; or(f) (g) is suspected by Betfair of (i) acting in breach of the terms and conditions governing his/her account, betting/gaming transactions, and/or any marketing promotion; or (ii) any fraudulent or dishonest activity; (h) has their account closed within 25 Business Days of the account openingyou opening; or(i) becomes known to Betfair as a person who does not properly fall within the definition of a Customer, being a person who had already opened an account with Betfair or a Group Company at the time he/she opened an account by using a Code or by clicking on the Links on the Internet Site you will not be entitled to receive any Affiliate Payments in respect of such Customer. In the event that any such payment has already been made to you in respect of such Customer you will promptly repay the amount paid on receiving notice from Betfair. Betfair will be entitled, but not obliged, to set-off any amount owed as a result against future Affiliate Payments

Termination
14.2 Betfair may terminate this Agreement immediately in the event that:(a) the Affiliate breaches any of the terms of this Agreement which, in the case of a breach capable of remedy, has not been remedied within five (5) Business Days of receipt of a notice from Betfair specifying the breach and requiring its remedy;(b) the Affiliate suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due, begins negotiations for or makes any voluntary arrangement with its creditors, becomes subject to an administration order, has an administrative receiver or receivers appointed in respect of the whole or any part of its assets, goes into liquidation (voluntary or otherwise save for any voluntary liquidation entered into solely for the purposes of a bona fide reconstruction or amalgamation);(c) the Affiliate is made the subject of a bankruptcy petition or order;(d) the Affiliate ceases or threatens to cease carrying on its business;(e) the Affiliate, in Betfairs opinion, is in breach of the terms of any applicable advertising code of practice including the CAP code and any voluntary codes Betfair has agreed to abide by; (f) Betfair ceases to accept Customers from or to advertise in any jurisdiction which is targeted by the Internet Site; or (g) fails to change the web address of the Internet Site on Betfairs request in accordance with clause 3.1(e).14.3 3.1(e); or(h) Betfair determines that the Internet Site is generating fraudulent traffic or that the Affiliate is engaged in collusion with any other person. Collusion in this context means an attempt by an Affiliate, a group of Affiliates, or a group which includes individuals who are not Affiliates under the Affiliate Programme to create fraudulent income with a coordinated effort. 14.3 Clauses 14.2(b) and (c) will apply if any event occurs, or proceeding is taken, with respect to the Affiliate in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in those clauses.

Affiliate Obligations
3. AFFILIATES OBLIGATIONS3.1 You warrant and undertake that:(a) you have full capacity and authority to enter into this Agreement and any other documents executed by you that may be associated with this Agreement;(b) you will at all times conduct yourself with all due skill, care and diligence, including Good Industry Practice, and in accordance with your own established procedures and all applicable laws, enactments, orders, regulations and other similar instruments;(c) instruments; (c) you will not make an Application or introduce any Customers as an Affiliate if you are in the employment of Betfair or a Group Company; (d) you will comply with Betfairs security guidelines and requirements as may be issued by Betfair from time to time whether in writing or otherwise;

Term and Termination
14. TERM AND TERMINATION14.1 This Agreement shall commence on the Commencement Date and, subject to clause 14.2, shall continue until either party serves 20 Business Days written notice of an intention to terminate.14.2 Betfair may terminate this Agreement immediately in the event that:(a) the Affiliate breaches any of the terms of this Agreement which, in the case of a breach capable of remedy, has not been remedied within five (5) Business Days of receipt of a notice from Betfair specifying the breach and requiring its remedy;(b) the Affiliate suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due, begins negotiations for or makes any voluntary arrangement with its creditors, becomes subject to an administration order, has an administrative receiver or receivers appointed in respect of the whole or any part of its assets, goes into liquidation (voluntary or otherwise save for any voluntary liquidation entered into solely for the purposes of a bona fide reconstruction or amalgamation);(c) the Affiliate is made the subject of a bankruptcy petition or order;(d) the Affiliate ceases or threatens to cease carrying on its business;(e) the Affiliate, in Betfairs opinion, is in breach of the terms of any applicable advertising code of practice including the CAP code and any voluntary codes Betfair has agreed to abide by; (f) Betfair ceases to accept Customers from or to advertise in any jurisdiction which is targeted by the Internet Site; (g) the Affiliate is in the employment of Betfair or any Group Company at any time after the Commencement Date; (h) fails to change the web address of the Internet Site on Betfairs request in accordance with clause 3.1(e); or (i) Betfair determines that the Internet Site is generating fraudulent traffic or that the Affiliate is engaged in collusion with any other person. Collusion in this context means an attempt by an Affiliate, a group of Affiliates, or a group which includes individuals who are not Affiliates under the Affiliate Programme to create fraudulent income with a coordinated effort. 14.3 Clauses 14.2(b) and (c) will apply if any event occurs, or proceeding is taken, with respect to the Affiliate in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in those clauses.
SUMMARY: Please read all terms changes above. Betfair is still considered a predatory program and it is not advisable to promote their casinos unless you wish to lose money (i.e., get a revshare droppage to 5%) when THEY cannot convert your clicks into players.

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