THE AFFILIATE SHOULD HAVE OWN REGISTERED COMPANY. AFFILIATE AND HIS / HER COMPANY MUST DECLARE THE TURNOVER FOR THE AUTHORITIES IN THE COUNTRY HE / SHE IS RESIDENT.
The below is a Terms and Conditions for the affiliates who work with the MKC Limited, a company incorporated in Malta, with registration number C 90776 with its registered address at Level G, (Office 1/1260) Quantum House 75, Abate Rigord Street, Malta (“MKC Limited”, “us” or “we”) and you (“you” or “the Affiliate”) which regulates the relationship between you and us. Please read the Terms and Conditions carefully to ensure you understand your rights and obligations and the consequences for you should you breach the Terms and Conditions.
1. Our Rights and Obligations
A - Register your Players/Costumers
We will register your Players/Costumers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. “Player/Customer ” means your visitors who join our player/customer database (by way of registering at one of our product/website including Sports, Live In-play and Casino after arriving at the applicable site via one of your click-thru/promo-link URLs, which will be provided to you when you join. By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them.
B - Track Players/Customers' Game
We will track your Players/Customers' bets and plays making available to you a report summarising their activities, which you can access from our Back Office.
C - Pay a Revenue Share Commission
We will pay you Revenue Share Commission (“Referral Commission”) of 20% - 30% - 40% (depending on Affiliate s position) of the net profit we earn from players directed over your network (your website, your affiliates, your promo card with your promo code, etc.) after they open an account with us and wager for real money at either Sports at Betworld247, Live In-play at Betworld247, Casino at Betworld247. Subject to clause 6.
D - Changing
We may change any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate the Agreement. Your continued participation in our Affiliate Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
E - Electronic Business
You acknowledge and agree that regulations 9(1) and 9(2) (information to be provided by electronic means), 11(1) (placing of the order) of the Electronic Business (EB Directive) Regulations 2002 shall not apply to or have any effect on this Agreement.
F - Your letter of Application
To become a member of our affiliate program you will need to accept these Terms and Conditions by ticking the box indicating your acceptance and completing and submitting an online application form. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful.
2. Your Rights and Responsibilities
A - Linking to our Website
By agreeing to participate in this Affiliate Program, you are agreeing to create and maintain unique links from your site to the website which is owned, operated, or branded by MKC Limited. You may link to us in 2 ways.
B - Minimum Recommendation Requirement
All Betworld247 JUNIOR Affiliates are required to refer a minimum of 10 active Players within a three month period of joining the program. Should a JUNIOR Affiliate not reach this requirement the affiliate account may be closed, but you will have the option to open a new affiliate account.
What is important for a new Affiliate is: Any Affiliate (Junior/Senior/Manager) are allowed to recruit players anywhere and make the commission as 20-30-40% Revenue-Share.
C - Spamming
We will terminate the agreement between you and MKC Ltd immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
D - Domain Name Registration
You shall also refrain from registering (or applying to register) any domain name similar to the domain name used by or registered in the name of any member of the Betworld247, or any other name that could be understood to designate the Betworld247.
E - Agency Appointment
By these Terms and Conditions, we grant you the non-exclusive, non-assignable, right to direct Customers to our site. Terms and Conditions do not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours.
F - Approved Appearance
You will only use our approved advertising creative (promo cards, promo links, banners, images, and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from www.affiliate.betworld247.com. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our site. In particular please do not create a direct link to the promotional materials on Betworld247 Website.
G - Suspected Traffic
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under these Terms and Conditions if we have reasonable cause to believe of such traffic.
We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any Betworld247 offers or promotions whether with or without your knowledge. Such situations include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.
H - Responsibility for Your Website
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.
The Betworld247 affiliate program is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account, or the transfer of an affiliate account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by Contacting Us. Approval is solely at our discretion.
I - Use of Marks
We hereby grant to you a non-exclusive, non-transferable license, during the Terms and Conditions to use our trade name, trademarks, service marks, logos and any other designations, which we may from time to time approve (“Marks”) solely in connection with the display of the promotional materials on your site. This license cannot be sub-licensed, assigned, or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this license. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
J - Confidential Information
During the terms and Conditions, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate program (including, for example, Referral Commissions earned by you under the Affiliate program). You agree to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Terms and Conditions. Your obligations with respect to confidential information shall survive the termination of your Agreement.
K - Data Protection
Where applicable, for the purposes of the Data Protection Act 2018, and the General Data Protection Regulation, MKCLimited/Betworld247 remains an independent Data Controller. For the avoidance of doubt, no Data Controller / Data Processor relationship or Joint Data Controller relationship is created by these Terms and Conditions. Nevertheless, by agreeing to participate in our Affiliate program you shall at all times comply with the Data Protection Act 2018, the General Data Protection Regulation, and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and/or any other related or similar applicable legislation. Failure to do so will be cause for the termination of Agreement with immediate effect.
Where, at any time, Betworld247 shares data with you it is at Betworld247 sole discretion, may be subject to separate Terms and Conditions, and may be declined or ceased at any time. Should you state that you have a data subject’s permission to request their personal data from Betworld247 then Betworld247 may require evidence of this in the form of relevant terms and conditions or specific consent for the sharing.
3. Calculation Of Referral Commission
A - Referral Commission
You will earn Referral Commission of 20% - 30% - 40% (depending on your position as Junior Affiliate 20%, Senior Affiliate 30%, Manager Affiliate 40% based on the net profit of your referred Customers.
Subject to clause 6.
Net profit is defined as:
(1) On sports activities, all gross monies received by us in respect of all settled bets made by Users after deducting; (1) monies paid out to Users as winnings; (2) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) (3) bad debts; (4) fraud; (5) returned stakes; (6) transactions which are reversed by instruction from the cardholder's bank (commonly referred to as charge-backs); and (7) voids and (8) bet/deposit bonuses.
(2) On casino activities, the value of opening balance with the addition of funds transferred in less (1) funds transferred out (2) closing balance (3) credits made to users (4) monies paid in the form of duties or taxes (or reasonable provisions in respect thereof) (5) licensing fees (6) charge-backs (7) bad debts and (8) cheating.
We retain the right to change the Referral Commission percentage and method of calculation of the Referral Commission as we wish in accordance with clause 1.4.
B - Payable Commission Calculations
Affiliates are eligible for payment on the balance of their sports, live in-play, and casino earnings. Negative commission balances in either sports live in-play and the casino will be deducted from available commissions.
4. Payments By The Transfer Commission
A - Withdrawal Requests For Referral Fee
Your Betworld247 affiliate account must have a minimum of 10 active referred Players/Costumers before you will be eligible for Referral Commission payment. Subject to clause 6, you are entitled to one payout per month, providing you have fulfilled the above User requirement at the end of the preceding month.
You agree that a self-billing procedure is in place between you and MKC Limited in respect of payment of Referral Commissions. Under the self-billing procedure, if you wish to request payment of any Referral Commission you must make the payment request via your account on the Betworld247 affiliate system following which we will raise a VAT invoice showing all required particulars for the applicable Referral Commission on your behalf, which you agree to accept. Payment of any invoice will be made in accordance with and subject to the terms set out below. You agree not to raise any VAT invoice in respect of your affiliate services. You agree to notify us if you make any changes to the ownership of your business or your VAT registration. This self-billing procedure will remain in place for the Terms and Conditions.
The minimum payout request for earned Referral Commission per month depends upon the currency denomination of your affiliate account as shown below. There is no maximum limit.
Minimum Payout Request 100 EUR
(1) To a nominated Betworld247 account - recommended, the fastest and easiest way to withdraw money via your choice of any of the payment methods supported by Betworld247.com
(2) Bank wire - please be aware that although MKC Limited will not deduct any charges for arranging a bank wire, sender bank and (receiver bank) your own bank may choose to levy a charge on such transactions. Bank wires will appear on your bank statement with reference ‘MKC Limited’, with the exception of payments made to members of the affiliate program with effect from the day you are registered in the affiliate office and you are active.
An active referred Player/Customer is defined as a visitor to your site who has clicked through to a Betworld247 Website via your promo-link, has registered as a player, deposited funds to their player/customer account and conducted betting or playing activity in one or more Betworld247 products - Sports at Betworld247, Live In-play at Betworld247, Casino at Betworld247.
B - Payment Currency of The Referral Commission
All Referral Commission Payments will be due and paid in the currency which was selected when your Affiliate Account was first set up. Where a currency conversion is required, all amounts are converted at the mid-point applying at the time of payment.
Referral Commissions arising from User/Customer Accounts that are held in currencies other than the affiliate’s home currency will be converted at the mid-point which applied at the time the Referral Commission was earned.
5. Term and Termination, Consequences and Unsuitable Locations
A - Term and Termination
The term of Agreement will begin when you are approved as an Affiliate and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
B - Repercussions
Upon termination, you must remove all of our Banners/Icons from your site and disable all links from your site to Betworld247 Website. All rights and licenses given to you in Agreement shall immediately terminate. You will return to us any confidential information, and all copies of it in your possession, custody, and control and will cease all uses of our Marks.
C - Inadequate Sites
We may terminate Agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.
D - Duplicate Accounts and Self Referrals
You shall not open more than one affiliate account without our prior written consent nor will you earn commission on your own or related person's Betworld247 sports, live In-play, casino account. The program is intended for professional website publishers and for direct marketing.
6. Continued Promotion
You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website in a manner and location agreed by us and you shall not alter the form, location, or operation of the links without our prior written consent. You are eligible for Referral Commissions based upon your continued promotion of Sports at Betworld247, Live In-play at Betworld247, Casino at Betworld247. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers. Your reduced or suspended promotion of our sites will be deemed to represent your Agreement termination.
7. Connection of Parties
We and you are independent contractors and nothing in these Terms and Conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in Terms and Conditions.
You shall defend, indemnify, and hold us, our directors, managers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including legal fees, resulting from, arising out of, or in any way connected with (1) any breach by you of any warranty, representation or term contained in this Agreement, (2) the performance of your duties and obligations under this Agreement, (3) your negligence or (4) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and links or this Affiliate program.
We make no express or implied warranties or representations with respect to the Affiliate program, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the www.affiliate.betworld247.com system and the Betworld247 database, the database shall be deemed accurate.
10. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with these Terms and Conditions or the affiliate program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to these Terms and Conditions and the affiliate program will not exceed the total Referral Commissions paid or payable to you under this Agreement. Nothing in this Terms and Conditions shall be construed to provide any rights, remedies, or benefits to any person or entity not a party to this Terms and Conditions. Our obligations under these Terms and Conditions do not constitute personal obligations of our directors, managers, employees, or shareholders. Any liability arising under this Terms and Conditions shall be satisfied solely from the Referral Commission generated and is limited to direct damages.
11. Independent Investigation
You acknowledge that you have read these Terms and Conditions and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Terms and Conditions or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate Program and are not relying on any representation, guarantee, or statement other than as set out in this Terms and Conditions.
A - Assignability
You may not assign these Terms and Conditions, by operation of law or otherwise, without our prior written consent. Subject to that restriction will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.
B - Non-Waiver
Our failure to enforce your strict performance of any provision of Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision. No modifications, additions, deletions, or interlineations of Terms and Conditions are permitted or will be recognized by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to these Terms and Conditions.
C - Remedies
Our rights and remedies hereunder shall not be mutually exclusive, that is to say, that the exercise of one or more of the provisions of Terms and Conditions 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, and in the event of a breach or threatened breach of any provision of Agreement, we may seek enforcement or compliance by specific performance, injunction, or another equitable remedy. Nothing contained in this Terms and Conditions shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of Terms and Conditions, it is being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
D - Severability clause/Waiver
Whenever possible, each provision of Terms and Conditions shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of Terms and Conditions 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 Terms and Conditions 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.
Where the Affiliate Agreement is translated into the languages, please be aware that the Affiliate Agreement was first drafted in English and where there is any conflict or discrepancy between the English language version and any other language, the English language version shall prevail.
Date of creation of Terms and Conditions: February 2019