PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BEST GLOBAL N.V. (“Company”).
BY SUBMITTING THE ONLINE APPLICATION, AND BY REFERRING USERS, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1.1. This Agreement contains the complete terms and conditions governing your relationship with the Company and, if applicable, your participation in the Enlabs Partners and Best Affiliates Programs (the “Program”). The purpose of this Agreement is to allow by hypertext linking from Affiliate Site(s), or other online marketing channels, to the Website in accordance with the terms of this Agreement, whereby the Affiliate will be paid a commission as specified below, subject to the terms and conditions of this Agreement. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Enlabs Partners and/or Best Affiliates, and “you,” “your,” and “yours” refer to the Affiliate.
2. Affiliate Obligations
2.1. To begin the enrollment process, you will complete and submit the online application at the Enlabs Partners and/or Best Affiliates website(s). We will evaluate your application within a reasonable timeframe. We may reject your application at our sole discretion.
We will reject your application or cancel an existing Affiliate account if we determine that your site is unsuitable for our Program, including but not limited to, if it:
2.1.1. Promotes sexually explicit materials.
2.1.2. Promotes violence.
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.1.4. Promotes illegal activities.
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.
2.1.6. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.7. Promotes “get-rich-quick” schemes that have no tangible business value.
2.1.8. Popups, popunders and cookie dropping. This includes but is not limited to popups, popunders and dropping customer cookies. If you have media sources/websites that do not contain libelous, discriminatory, obscene, unlawful or otherwise unsuitable material and you are planning pop ads campaigns, pre-approval from the affiliate team is required in all cases.
2.1.9. Is in violation of any other term or condition referenced herein.
2.1.10. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor designs your website in a manner which leads customers to believe you are Enlabs Partners, Best Affiliates or any other affiliated business.
2.3. As a member of the Affiliate Program, you will have access to our Dashboard Panel. There you will have access to your performance data, marketing assets (including links and banners), and the ability to update your contact and payment information. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate links we provide you with. The Company is not responsible for any missed conversions if any supplied link is modified in any way by you without prior approval of us in writing.
2.4. You will have access to our banners, text and/or other online and offline promotional materials. You may place said materials on your site, and/or utilize them via e-mail and/or direct marketing and/or social media and/or print media. These are the designated methods by which You may advertise the Company.
2.5. It will be Your responsibility to ensure that the use of provided and approved marketing material is strictly in accordance with any specifications, obligations and/or limitations in these Terms and Conditions and any Applicable Law. The Company reserves the right to request You to take down any form of use of the marketing material which it deems to be non-compliant with this Agreement or Applicable Law.
2.6. Should you be in any doubt, please contact [email protected] or [email protected] before publication. All approved marketing material must be kept current.
2.7. Company reserves the right, at any time, to review your placement and reject the use of links and require that you change the placement or use to comply with the guidelines provided to you.
2.9. It is entirely your responsibility to comply with all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
2.10. Affiliates have the ability to create custom subdomains to assist with their promotions. The Company reserves the right to reject or modify these domains for any reason.
2.11. Affiliates cannot bring traffic to our sites from the restricted territories as Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Bulgaria, Burkina Faso, Burundi, Cape Verde, Cambodia, Cameroon, Central African Republic, Chad, Chile, China, Costa Rica, Cook Islands, Colombia, Comoros, Congo, Democratic Republic of the Congo, Croatia, Cuba, Curacao, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, France, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, Hungary, India, Indonesia, Iran, Iraq, Israel, Japan, Jamaica, Jordan, Kazakhstan, Kenya, North Korea, South Korea, Kiribati, Kyrgyzstan, Kosovo, Kuwait, Laos, Lebanon, Lesotho, Liberia, Libya, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Mauritius, Mauritania, Mexico, Micronesia, Monaco, Moldova, Mongolia, Morocco, Montenegro, Mozambique, Myanmar, Namibia, Nauru, Netherlands, Nepal, Nicaragua, Nigeria, Niger, Oman, Palau, Pakistan, Panama, Papua new Guinea, Paraguay, Peru, Philippines, Rwanda, Romania, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, San Marino, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Zimbabwe, Singapore, Solomon Islands, Somalia, Spain, Sri Lanka, St. Kitts and Nevis, Sudan, South Sudan, Suriname, Swaziland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, East Timor, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, United Arab Emirates, United States of America, Uruguay, Uzbekistan, Vatican City, Vanuatu, Vietnam, Yemen, Zambia, or any other jurisdiction where participation would be in conflict with any Applicable Law are not allowed users to register and play at any of the Company’s sites. We reserve the right to update this list at any time.
2.12. Affiliate shall comply with all applicable laws, rules and regulations pertaining to this Agreement, including without limitation, FTC requirements, CAN-SPAM and Company brand guidelines.
2.13. Affiliate is required to refer a minimum of 1 new signup per month in each and every month while affiliate is a member of this Agreement. In the event of the affiliate delivering less than 1 new depositing player per month, affiliate account will be suspended. Company reserves the right to amend this minimum new signup requirement in relation to individual Affiliates upon reasonable notice to such Affiliates.
3. Company Rights and Obligation
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Program.
3.2. The company actively monitors traffic for fraud. If fraud is detected, your account will be made inactive pending further investigation. Fraudulent traffic includes but is not limited to: click-through or conversion rates that are much higher than industry averages and where solid justification for such higher click-through or conversion rates is not evident to the reasonable satisfaction of Company; fraudulent leads as determined and reported by Company’s clients; use of fake redirects, automated software, and/or other fraudulent mechanisms to generate payable actions from the Program, and no activity or illicit activity seen in referred accounts.
3.3. The Company reserves the right to terminate this Agreement and your participation in the Affiliate Program immediately and without notice to you should you commit fraud in your use of the Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Company shall not be liable to you for any commissions for such fraudulent activity.
4. Term and Termination
4.1. This Agreement will begin immediately upon your submission of the application and will continue unless terminated hereunder. Either you or we may end this Agreement with or without cause, immediately. Termination notice may be provided via email and if so you must immediately cease all advertising activities. All commissions then due will be paid during the next billing cycle, subject to any final accounting adjustments and quality assurance verification. Should any violations of Program terms be discovered, any pending payments may be forfeited by us.
4.2. Upon any termination of this Agreement, all rights and licenses granted to the Affiliate under this Agreement shall immediately terminate, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations of the Company. In particular, the Affiliate hereby agrees that on any termination of this Agreement, the Affiliate must immediately remove all references to the Company from the Affiliate Sites and shall cease any further activity promoting or marketing the brands or the Company, irrespective of whether the communications are commercial or otherwise.
4.3. The Affiliate must immediately return to Company any and all Confidential Information (and all copies and derivations thereof) in the Affiliate’s possession and control.
4.4. The Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. For the avoidance of doubt, the Affiliate’s obligations of confidentiality towards the Company under this Agreement shall survive any termination of this Agreement.
5. Commissions and Payment
5.1. The commission is based on the Revenue generated by New Customers, as defined below in this Clause, who access the Website via clicking the tracking links on the Affiliate Sites. “New Customers” shall mean customers of the Operator who do not yet have, and have not had an account with the Company and who access the website via clicking the tracking links on the Affiliate Sites, properly register and then make real money transfers at least equivalent to the minimum deposit into their website account.
5.2. The commission granted by the Company to the Affiliate will be calculated as a percentage share of the Net Revenue generated from the New Customers referred by the Affiliate Sites. Net Revenue is the revenue generated from New Customer’s real money bets less real money won during that same calendar month less any applicable taxes, bonus costs, jackpot contributions and other administrative costs.
5.3. The size of the commission (the Affiliate’s percentage share of the Net Revenue) for each month depends on the amount of New Depositing Customers referred to the certain Company’s website by the Affiliate during that same calendar month as specified in the commission structure as set out below:
Number of New Depositing Customers = Revenue Share (%)
0 – 10 = 25%
11 – 20 = 30%
21 – 40 = 35%
41+ = 40%
5.4. Please contact [email protected] or [email protected] for specific information regarding your payment model, and the relevant terms below for specific guidance relating to Revenue Share Deals, CPA Deals, or Hybrid Deals, as may be applicable.
5.5. The Company will pay the Affiliate commission on a monthly basis for Net Revenue generated by New Customers for a period of 36 months after the date on which that New Customer has first opened the account.
5.6. The Affiliate understands and accepts that the size of the commission (the Affiliate’s percentage share of the Net Revenue) will vary from month to month depending on Revenue generated by New Depositing Customers referred to the Websites by the Affiliate Site(s) during each calendar month.
5.7. “Balances Carried Over” means where Net Win is negative due to Customer winnings and/ or Admin Fees and/ or Cash Items and/ or Progressive Contributions said balance will be set to zero. Unless otherwise agreed.
5.8. The commission is calculated at the end of each month and payments shall be performed within the first ten days of each calendar month. Payment of commissions shall be made by the payment method chosen by the Affiliate in the application process. The minimum payout level is 50 EUR, 50 GBP, 50 USD, 450 SEK. If the commission is lower than the minimum payout level, the commission will be transferred to the following month.
5.9. The Affiliate may, at the sole discretion of the Company, be provided with the opportunity to restructure its commission structure. Examples of alternative commission structures could include a Cost Per Acquisition (CPA) model. However, and for the avoidance of doubt, only one type of commission structure for the same product may be applied at the same time. Therefore, once an Affiliate accepts the Company’s offer to apply a new commission structure, different to the standard Commission Structure detailed in this Agreement, the Affiliate hereby agrees and understands that the new proposed commission structure shall replace his existing commission structure in its entirety. Notwithstanding the above, the Affiliate’s obligations assumed under this Agreement will still continue to apply to the Affiliate even if a new commission structure is applicable.
5.10. The Company reserves the right to set limits for a minimum level of activity on Affiliate’s accounts. Such minimum activity levels will be continuously reviewed and the Company reserves the right to reduce the Affiliate’s Commission/change the Affiliate’s Reward Plan or even terminate any agreement not reaching the limit. Such limit shall not be unreasonably high and reflect the intention of avoiding accounts where the revenue does not cover the Company’s internal costs for maintaining the account and the payout procedure.
5.11. If the Affiliate disagrees with the balance due as reported, it shall within a period of fourteen (14) days send an email to the Company at [email protected], [email protected] or such other email address as notified in writing by the Company to the Affiliate and indicate the reasons of such dispute. Failure to report within the prescribed time limit shall be deemed an acknowledgment of the balance due for the period indicated.
5.12. The commission is inclusive of any and all taxes, including but not limited to value added tax. The Affiliate is solely responsible for the payment of any and all taxes, fees, charges and any other money payable or due both locally and abroad to any tax authority and/ or any other authority as a result of the revenue generated under this Agreement.
5.13. The Affiliate, acting in a private capacity, further undertakes to self-pay any applicable social security contributions on the remuneration received under this Agreement even if the local law requests to withhold such amounts by payer.
5.14. The Affiliate, acting within a business activity, is required to provide proof of company registration such as a VAT-number to Company as further specified from time to time by the Company at its sole discretion. Otherwise, the Affiliate is considered acting as non VAT registered company.
5.15. All payments shall be made in Euro or in such other currency that may be determined by the Company and regardless of the currency of the Affiliate’s home country.
5.16. The Company has the right to withhold any and/or all payments to the Affiliate if the Affiliate is in breach of any of the provisions of this Agreement.
5.17. Any commissions paid to the Affiliate by the Company hereunder shall represent the Affiliate’s sole remuneration for its activities under the Agreement. Hence except as otherwise expressly agreed in writing, all expenses incurred by the Affiliate when carrying out the rights and obligations under this Agreement shall be deemed to be covered by the commission provided for in this Agreement. The Affiliate is responsible for all obligations and costs in connection with the performance of this Agreement.
6. Force Majeure
6.1. Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labor disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualties. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. If the force majeure event subsists for a period exceeding thirty (30) days, then either party may terminate the Agreement without notice.
7. Notices and the Relationship of the Parties
7.1. Notices to the Company given or made under this Agreement shall be in the English language made by email and sent to inf[email protected], [email protected] or such other email address as notified in writing by the Company to the Affiliate, and, to the Affiliate, the Affiliate’s email address as supplied in the Affiliate Application or such other email address as notified in writing by the Affiliate to Company and/or by pop-up message. Any notice shall be deemed to have been received: a) immediately, if sent by email or b) when the Affiliate logs into the affiliate platform, if sent by pop-up message – whichever occurs sooner. If deemed receipt occurs after 5.00 pm on a Work Day, or occurs on any day which is not a Work Day, the notice shall be deemed to have been received at 9.00 am on the next Work Day. “Work Day” shall mean any day which is not a Saturday, a Sunday or a bank or public holiday in Malta.
7.2. Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.
8. Severability and Waiver
8.1. If any provision of this Agreement is held to be unenforceable in any respect, such provision will be ineffective only to the extent of such unenforceability, without invalidating the remainder of this Agreement.
8.2. A failure of either party to exercise any right provided for herein, shall not be deemed to be a waiver of any right hereunder.
9.1. All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Company and/or the Operator shall be treated confidentially (“Confidential Information”). Such information must not be used for the Affiliate’s own commercial or other purposes or divulged to any person or third party. The Affiliate obliges himself not to use the Confidential Information for any purpose other than the performance of its obligations under this Agreement.
9.2. All Confidential Information provided or made available by the Company and/or the Operator under this Agreement shall remain the sole and exclusive property of the Company and/or the Operator and nothing in this Agreement shall be construed to grant the Affiliate any ownership rights in, or license to, any such Confidential Information. This provision shall survive the termination of this Agreement.
9.3. By completing and submitting the application form the Affiliate gives a free, unmistakably expressed affirmation of the wishes, by which the Affiliate allows his or her personal data to be processed in conformity with information provided by the Company and/or Operator in accordance with applicable Law.
10. Entire Agreement
10.1. This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement or understandings between the parties relating to the subject matter of this Agreement.
11. No Business Restriction
11.1. Nothing in this Agreement shall limit or restrict the Company’s and/or the Operator’s right to do business with, grant rights to or receive grants of rights from, provide services to or receive services from, or enter into any agreements with any other entity, in any scope and manner that the Company and/or the Operator desires.
12.1. The Affiliate shall not be entitled to assign or transfer its rights or obligations under this Agreement without the express written consent of the Company.
12.2. Notwithstanding the above, the Company may freely assign this Agreement and all of its rights and obligations hereunder to any of its subsidiaries or affiliated companies.
13. Indemnity and Limitation of Liability
13.1. You hereby agrees to indemnify, protect, defend and hold harmless us or group companies from and against any and all liabilities, losses, claims, proceedings, damages, penalties, fines, fees, costs and expenses (including legal fees, costs and related expenses) whatsoever (any of the foregoing being referred to as a “Claim”) that any of them at any time suffers or incurs arising directly or indirectly out of, or in any way connected with, or related to and regardless of whether it arises out of or is attributable to any act or omission, negligent (whether actively or passively) or otherwise, of us or group companies: (a) any breach by you of any provision of the Agreement, (b) the performance of your duties and obligations under the Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Programme.
13.2. You shall pay and discharge or cause to be paid or discharged, within the period for payment permitted by Law (and shall, if requested by us, provide to that we evidence of the payment and discharge thereof), and indemnify us and keep us and group companies fully indemnified at all times from and against all taxes payable by that us at any time in respect of this Agreement.
13.3. We shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Agreement or the Programme, even if we have been advised of the possibility of such damages.
13.4. Our failure to enforce your strict performance of any provision of the Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Agreement. No modifications, additions, deletions or interlineations of the Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to the Agreement or its terms.
14. Disputes and Governing Law
14.1. This Agreement shall be construed in accordance with and be governed by the laws of Malta.
14.2. Each Party irrevocably submits to the Malta Arbitration Centre, Malta, over any claim, dispute or matter under or in connection with this Agreement and/or its enforceability.
14.3. The Affiliate must, unless otherwise agreed by the parties, or required by applicable law, treat all information disclosed during the arbitration by or on behalf of the parties and all matters relating to the arbitration (including the existence of the arbitration) and the award, as Confidential Information (as defined above).