BET ROYAL SPORTSBOOK AFFILIATE PROGRAM TERMS AND CONDITIONS
This agreement contains all of the terms and conditions between "Bet Royal", "Bet Royal.com" and "Betroyal.com" and the individual or organization (the "Affiliate") participating in the Bet Royal Online Sportsbook Affiliate Program (the "Program"). "Customer" is defined as a person or entity that follows a link to Betroyal.com from an Affiliate's marketing collateral, such as a website, and opens a new Bet Royal customer account.
1. Bet Royal Sportsbook Affiliate Enrollment
To begin the sport book affiliate program enrollment process, a potential sportbook affiliate will submit a complete Program application via the Betroyal.com website. Bet Royal will evaluate the application in good faith and will notify the potential sportbook affiliate of their acceptance or rejection to the program. Bet Royal may reject any application if we determine, at our sole discretion, that the submitted website is unsuitable for the Program.
Unsuitable sites include, but are not limited to, those that:
a. Infringe trademark rights of yours or any third parties or otherwise violates the rights of any third party
b. Contain sexually explicit materials
c. Contain hate/violent/offensive content
d. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
e. Promote illegal activities or otherwise violate any applicable laws, including those targeting spyware, adware or SPAM
f. Violate any intellectual property rights, including, without limitation, scraping text or images from Bet Royal's Websites
g. Otherwise are considered offensive or inappropriate at Bet Royal's sole discretion
If the Bet Royal Sportsbook affiliate program rejects your application, you are welcome to re-apply to the Program at any time after the correct measure are taken ensuring your site is suitable. You should also note that if Bet Royal accepts your gambling affiliates application and your site is thereafter determined, at our sole discretion, to be unsuitable for the Program, we may terminate this Agreement.
2. Bet Royal's Rights and Obligations
a. Promotion of the Affiliate relationship - Bet Royal will make a variety of graphic and textual links available to gambling affiliates for placement on your website(s). Subject to the terms and conditions hereof, you may display the links as often and in as many areas of your website(s) or sportsbook as you desire.
b. Register your Customers - Bet Royal will register your customers and will track their play. By opening an account with Bet Royal, the Customer agrees that all Bet Royal client rules, policies and operating procedures will apply to them. Bet Royal reserves the right to refuse Customers or close their accounts if necessary to comply with any requirements we may periodically establish.
c. Track Customers' Play - Bet Royal will track Customers' play as part of the sport book affiliate program and will supply online reports summarizing customer activity to Gambling affiliates.
d. Pay Commission Fees - Bet Royal will pay gambling affiliates commission fees as set out in Section 7.
e. Modification - Bet Royal may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by notifying the Affiliate via email, or by posting a notice or a new agreement on our website. Modifications may include, for example, changes in the scope of available commission fees, fee schedules, payment procedures and referral program rules. If any modification is unacceptable to the Affiliate, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our website will constitute binding acceptance of the change.
3. Affiliate Code of Conduct
a. Affiliate shall use best commercially reasonable efforts to actively and effectively advertise, market and promote Bet Royal as widely and aggressively as possible in order to maximize the financial benefit to both Affiliate and Bet Royal. Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law and which reflect positively upon the business reputation of Bet Royal.
b. It is the responsibility of the Affiliate to ensure that the correct tracking is utilized on their website. Bet Royal will not change the Affiliate tracking ID for referrals resulting from incorrect or incomplete tracking. Bet Royal is not responsible for commission fees generated from referrals with incorrect or incomplete referral information or from other sportsbooks.
c. Affiliate is restricted from purchasing any domains that include "Bet Royal", or bidding on any keywords or keyword phrases that include, but are not limited to, Bet Royal, Betroyal.com, Bet Royal Sportsbook, Bet Royal Casino, Bet Royal Racebook, Bet Royal Poker or Bet Royal Sportsbook, Casino and Poker Room in any format in any pay per click (PPC) search engine. This includes, but is not limited to, the following search engines: Overture, Google, Yahoo, MSN, Kanoodle, FindWhat, ePilot and Ah-ha.
d. Affiliate is restricted from setting up any site redirects from any page on their website or network of websites or so that the page goes directly to Bet Royal.com.
e. Affiliate is restricted from optimizing any page of their website(s) for keyword or keyword phrases that include, but are not limited to, Bet Royal, Bet Royal.com, Bet Royal Sportsbook, Bet Royal Casino, Bet Royal Racebook, Bet Royal Poker or Bet Royal Sportsbook, Casino and Poker Room in any format. This includes, but is not limited to, meta tags, headers and body content.
f. Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, chat rooms or through the use of "bots". Traffic generated illegally will not be commissionable.
g. Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of Bet Royal to their customers.
h. Affiliate shall not create, publish, distribute, or permit any written material that makes reference to Bet Royal without first submitting such material to Bet Royal and receiving our prior written consent, which shall not be unreasonably withheld.
i. Affiliate agrees to cooperate fully with Bet Royal in utilizing and maintaining links and other promotional tools as supplied by Bet Royal.com. Furthermore, the Affiliate agrees to:
• Utilize the entire code for the banners, links and other promotional tools (including the tracking codes therein) and shall not in any way alter or remove any part of the code;
• Display on your website(s) only those graphical or textual images that are provided by Bet Royal;
• Update such images with new images provided by Bet Royal from time to time throughout the term of this Agreement; and
• Display such graphic and/or textual images prominently in relevant sections of your website(s).
4. Post Mail Marketing
a. Affiliates are prohibited from sending U.S. residents any marketing materials through the U.S. Postal Service, Federal Express, United States Parcel Service or any other means.
5. Spam - Bet Royal does not condone Spam
a. Bet Royal.com employs strict eDM (email direct marketing) guidelines and policies for affiliates, media and other third parties. All online advertising emails are sent by SecureBlue3.com using Lyris technologies 9.0.
b. The eDM guidelines and policies serves to protect Bet Royal's family of brands, and email reputation with customers, Internet Service Providers (Google, AOL, Yahoo, Hotmail, etc.) and spam services including Spam Cop, Spam Assassin, Goodmail, Bonded Sender and others. Unauthorized eDM communications advertising any of Bet Royal brands, is subject to Bet Royal.com placing their account under review and withholding all funds otherwise due pending investigation.
c. Classification of eDM communications that would be subject to review includes unsolicited email (spam), spamvertising and spoofing. By registering as a Bet Royal Affiliate, you acknowledge:
• That our subscribers and customers are liable to incur expenses in dealing with Spam generated mail.
• That Bet Royal is liable to incur legal expenses and penalties as a result of unauthorized third party email communications.
and you agree:
• To abide to CAN-SPAM and FCC regulations and employ best practices in all marketing email communications.
d. Expenses will be deducted from Affiliate's account should our Customer seek recourse.
e. In this instance the amount determined by the relative Customer will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by Affiliate in accordance with this agreement.
f. Should these expenses not be covered by funds in Affiliate's account Bet Royal reserves the right to investigate other alternative means for obtaining payment. For example: should your account have generated purchasing accounts we will hold payment of commission for these accounts until such a time as the account for damages has been cleared. Should your account not be active and be generating profit through commission payments we reserve the right to demand payment from the account holder.
g. As a sportsbook affiliate of Bet Royal.com, you agree to employ Bet Royal Entertainments eDM guidelines and policies. An eDM check list is provided to submit to Bet Royal should you employ email campaigns promoting Bet Royal.com and the family of Bet Royal Entertainment brands.
6. Social Networks
Affiliate is restricted from establishing any MySpace, Facebook, Twitter or any other social network domains, blog domain, profile name or display name containing "Bet Royal" or any variation of Bet Royal, including, but not limited to: Bet RoyalSportsbook, Bet RoyalCasino, Bet RoyalRacebook, Bet RoyalPoker, Bet RoyalSports, Bet RoyalSportsbetting.
7. Commission Fees
Option #1: percentage share structure (based on clients acquired)
All your clients will be placed in a group to keep track of your referrals. Based on their activity for the previous week your advertising fee will be calculated. From the gross losses we deduct 20% for administrative charges; truly the amount on a client is closer to 40% to maintain them. We cover the expense fee 50/50. This amount includes initial deposit bonus, fees, mail out of company material, follow-up phone calls to see if the client is having any problems placing a wager or deposits. Also, this is for future mail outs, gifts, promotional material, e-mail campaign, newsletters, chargeback costs, credit card fees, etc.
Up to 25 clients = 15%
26 - 100 clients = 20%
101 - 249 clients = 25%
250 - 500 clients = 30%
Affiliates that have over 500 clients will be eligible for 40%.
Example: WEEK 1 + $20,000 (Clients Lose) - 20% ($4,000) Admin Fees = $16,000
WEEK2 - $5,000 (Clients Win) SETTLEMENT $16,000 - $5,000 = $11,000 x 20% = $2,200
$2,200 to be paid on your group if you are at an advertising fee of 20%
(*This percentage is negotiable after a certain amount of clients have been acquired and a relationship has been established by both parties.)
NOTE: Each sports betting affiliates will have a specific affiliate ID number to determine the origin of the referral and tracking for payment purposes.
a. Net Revenue is defined as:
• On Sportsbook activities: all gross monies from bets made by customers less; monies paid out to Customers as winnings, fraud, charge-backs, bonuses, and other incentives offered to the Customer.
• On Casino activities: total wagers made by customers less; payouts, progressive contributions (on network progressive games only), charge-backs, bonuses, fraud, and other incentives offered to the Customer.
• On Poker activity: the gross rake less; licensing fees, bonuses, charge-backs, fraud, and other incentives offered to the Customer.
• On Racebook activities: all gross monies from bets made by customers less; monies paid out to Customers as winnings, licensing fees, fraud, charge-backs, bonuses, and other incentives offered to the Customer.
NOTE: For instances where net revenue is a negative value (less than $0.00), commissions will be calculated at 25%.
8 . Commission Fee Payouts
a. Bet Royal shall pay Affiliate monthly, in accordance with this contract for the preceding calendar month. Payment for the preceding month shall be made prior to the 15th day of each month. If Affiliate commissions earned do not exceed one thousand dollars ($1,000.00 USD) in any given month, then payment will be carried over to the following month until they exceed $1,000.00 USD.
b. Payments will be made through the following methods: NETELLER or Bank Wire ($25 transfer fee). It is the responsibility of the Affiliate to select the method of payment and to pay transaction fees associated with their selected payment. Unless otherwise stipulated, payment will be made via check by mail.
c. Negative earnings are carried forward to the next month. Should the Affiliate close the month with a positive balance, payment will be issued if it meets the minimum requirements and commissions will be paid on the positive balance. Should the Affiliate close the month with a negative balance, this balance will be carried forward to the next month.
d. Referral fees and commissions are based upon our good faith calculation based on our statistics and tracking methods.
e. Affiliate will earn commissions for the life of the Customer, on all transactions the Customer undertakes at Bet Royal.com, for as long as the Affiliate remains an active member of the Program. An active member is defined as an Affiliate who remains in good standing and promotes Bet Royal to the best of their ability and who refers a minimum of 10 depositing players per calendar year.
f. All Affiliate/Marketing payouts will be based on referrals activity in either the sportsbook, racebook or classic casino. Player activity in the new flash casino or skill games do not apply.
9. Duplicate Accounts and Self-Referral
Affiliate shall not open more than one Affiliate account without prior written consent from Bet Royal, nor will Affiliate earn commissions on their own or related persons Bet Royal account. Please note that you are not permitted to wager with your affiliate account. If you would like to play on Bet Royal.com, please set up a separate player account. If an Affiliate would like to test the system, Bet Royal will provide the Affiliate with a demo account. In the event a violation, Bet Royal has the right to void all current and future play as well as eliminate any earned commissions applicable from such play.
10. Banned Players
If a Customer registered through an Affiliate is banned from play for any reason, and Bet Royal has to return any deposited money to the Customer, Bet Royal will not pay Affiliate for the revenues generated by a banned Customer. If a Customer registered through Affiliate is being investigated for credit card, bank information or address verification, Bet Royal will withhold payments of profits generated from that Customer until the investigation is completed.
11. Terms & Termination
a. The term of this Agreement will begin upon Bet Royal's written confirmation of your acceptance into the Affiliate program. Either Bet Royal or Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party at least 30 days written notice of termination by email to
or fax to (Attention: Affiliate Manager). Affiliate performance will be reviewed annually, based on the date of acceptance of your Program application. This agreement can be terminated at any time without prior notice if the Affiliate is not an active member of the Program. Bet Royal has the right to terminate the agreement without prior notice if Affiliate breaches any terms or conditions of this agreement.
• All rights and licenses granted to Affiliate shall terminate immediately.
• Affiliate must remove all Bet Royal banners from their site and disable any links to Bet Royal.com from their site.
• Affiliate will be entitled to unpaid commission fees, if any, earned by on or prior to the date of termination. Affiliate will not be entitled to referral fees occurring after the date of termination.
• If Affiliate has failed to fulfill their obligations and responsibilities, Bet Royal will not pay any referral fees otherwise owed on termination.
• Bet Royal may withhold final payment for a reasonable time to ensure that the correct amount is paid to Affiliate.
• If Bet Royal continues to permit activity (generation of revenue) from Affiliate's customers after termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.
• Affiliate will return to Bet Royal any confidential information, and all copies of information in your possession, custody and control. Affiliate will cease all uses of any trade names, trademarks, service marks, logos and other designations of Bet Royal.
• Affiliate and Bet Royal will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
• Bet Royal may terminate this Agreement at our sole discretion if we determine that your site is unsuitable. Unsuitable sites include those that are aimed at children; promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, sexual orientation or age; promote illegal activities; or violate intellectual property rights.
12. Policies & Confidentiality
During the term of this Agreement, Affiliate may be entrusted with Confidential Information relating to the business, operations, or underlying technology of our Customers and/or the Affiliate Program (including, for example, commission fees earned under the Program). Affiliate agrees to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have prior written consent by Bet Royal and that you will use the Confidential Information only for purposes necessary to further the purposes of the Agreement. Affiliate's obligations with respect to Confidential Information shall survive the termination of this Agreement.
13. No Representation or Guarantee Regarding Profits or Income:
Affiliate agrees, understands and acknowledges that Bet Royal, it's parent company, it's sub entities, it's agents, it's officers, it's directors, it's shareholders, it's employees, and/or accountants have made no representation of any nature whatsoever to Affiliates and/or "Affiliate's agents, servants and/or employees regarding profits, income, or money which Affiliate may obtain or generate from the Service and/or from entering into this "Agreement" and/or from marketing and/or promoting any version of this Service, and/or form any other matter relating to this "Agreement" and/or to the subject matter of this "Agreement". Any expression by Bet Royal in this regard is an expression of opinion only and the Affiliate agrees, understands and acknowledges that they have not been induced to, and/or persuaded thereby to, enter into this "Agreement" and that the Affiliate has entered in to the Agreement of their own free will and choice, without any force or duress, and only after thorough, complete, full, and thoughtful investigation and after obtaining independent advice and counsel from their accountant, their attorney, and their financial advisors.
14. Relationship of Parties
Bet Royal and Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of Bet Royal. You will not make any statement, whether on your site or otherwise, that construes you have the right to represent Bet Royal.
Affiliate shall defend, indemnify, and hold our Clients, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach of warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Affiliate Program.
Bet Royal makes no express or implied warranties or representations with respect to the Affiliate Program, or referral fees and commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site or our Clients' sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
17. Limitation of Liability
Bet Royal will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the commission program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission fees paid or payable to Affiliates under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the commission fees generated and is limited to direct damages.
18. Independent Investigation
Affiliate acknowledges that you have read this agreement and agree to all its terms and conditions. You understand that Bet Royal may at any time directly or indirectly solicit customer referrals on terms that may differ from this contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this referral program and are not relying on any representation, guarantee or statement other than set forth in this agreement.
19. Governing Law
This Agreement will be governed by the laws of the United Kingdom, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the United Kingdom and you irrevocably consent to the jurisdiction of its courts.
20. Assignability and Enurement
Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent of Bet Royal. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against Affiliate and Bet Royal and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
The headings used in connection with the paragraphs and subparagraphs of this Agreement are inserted only for purposes of reference. Such heading shall be not deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement, not shall such headings otherwise be given any legal effect.
IN WITNESS WHEREOF, Affiliate expressly agrees to the terms and conditions of this Agreement by clicking the "Submit" button on the Affiliate Online Registration form page.
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