BAPartner.eu manages the Affiliate Program for BetAdrian.lv Marketing Partners
DEFINITIONS & APPLICATION TERMS
1.1 These Terms apply to an Affiliate’s application to, or participation in, the Program.
1.2 An Affiliate may not apply to or participate in the Program unless they accept the Terms.
1.3 An Affiliate may not apply to or participate in the Program if they are not of legal age 18, to form a binding contract with BAPartner, or are otherwise precluded from participating in the Program under the laws of the country in which they are resident.
1.4 The Terms shall be considered accepted by an Affiliate (i) once they have submitted an application to join the Program; or (ii) as they continue to participate in the Program.
1.5 BAPartner occasionally may make adjustments to the Terms, and will always update its website with the latest version of the Terms. Affiliate agrees that if they continue to participate in the Program once the Terms have changed, they are agreeing to the updated Terms. It is the responsibility of an Affiliate to regularly review these Terms. If an Affiliate chooses not to continue to participate in the Program following such changes,
1.6 the Affiliate must inform BAPartner through an email to [email protected] that they no longer wish to participate in the Program. In such circumstances the provisions governing termination with notice (see clause 3.2) shall apply.
1.7 The following definitions shall apply in these Terms:
- “Affiliate Player” player registered with a Client Website, sent by, and tagged to an Affiliate;
- “Clients” online gaming operators whose affiliate programs BAPartner operates on their behalf;
- “Client Brands” the brands of the Clients (whether or not included within the Program) including but not limited to all brand treatments, logos, slogans, trademarks and further including all Intellectual Property Rights in and to the foregoing and expressly including the goodwill and reputation subsisting therein throughout the world;
- “Client Website” all the URLs owned and/or operated by the Clients and any other websites that BAPartner deems relevant to these Terms in its sole discretion;
- “Intellectual Property Rights” means patents, inventions, utility models, petty patents, registered and unregistered design rights, Know-how, copyrights, semi-conductor topography rights, rights of extraction relating to databases, the right to use software, marks, trademarks, trading name, domain names and all other similar proprietary rights which may subsist in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations;
- “Know How” means confidential industrial and technical information and techniques in any form (including paper, electronically stored data, magnetic media, film and microfilm) including (without limiting the foregoing) drawings, formulae, test results, reports, project reports and testing procedures, instruction and training manuals, tables of operating conditions, specifications, tables and procedures;
- “Sub-Affiliate” means an affiliate that has been directed to the program by a currently active affiliate and is subsequently tagged to that parent affiliate.
- “Website” means BAPartner.eu.
2.1 To begin the enrolment process, a potential Affiliate must complete and submit a Program application via the Website (the “Application”). By joining the Program, the Affiliate certifies that they are of legal age, not in any way under 18 years old and legally capable to participate in the Program based on their local laws.
2.2 BAPartner will evaluate the Application and will notify the potential Affiliate of their acceptance or rejection to the Program. BAPartner may reject any Application if it is determined, in BAPartner’s sole direction, that the Affiliate or associated website is unsuitable for the Program.
2.3 In the event that an Affiliate has specified to advertise, market and promote for more than one Client Brand, BAPartner may choose to accept the application for one of its Clients and reject it in respect of another Client.
2.4 BAPartner at its sole discretion shall determine which products an Affiliate is entitled to promote.
2.5 If BAPartner rejects the Application, potential Affiliates may re-apply to the Program. Affiliates should also note that if BAPartner initially accepts an Application and the Affiliate’s website is subsequently determined, at BAPartner’s sole discretion, to be unsuitable for the Program, BAPartner may terminate this Agreement in accordance with clause 3.3 and 3.4
2.6 An Affiliate is not permitted to open more than one Affiliate account without prior written authorization from BAPartner, nor will an Affiliate be allowed to earn commissions on their own or related player accounts. If an Affiliate wishes to play on a Client Website, the Affiliate must create a separate player account on the Client Website, not linked to their Affiliate Account. If an Affiliate wishes to create an account for testing purposes, BAPartner they must contact BAPartner prior to creating the account and the account will subsequently be designated as a test account. In the event of a violation, BAPartner, at its sole discretion, has the right to void all earned commissions applicable from such activity.
TERMS & TERMINATION
3.1 The term of an Affiliate’s participation in the Program (“Term”) will begin upon BAPartner’s confirmation of acceptance into the Program, in the form of a confirmation email.
3.2 Either BAPartner or an Affiliate may terminate this Agreement and their participation in the Program at any time, with or without cause, by giving the other party at least 30 days written notice of termination. Such notice is to be sent to [email protected] (Subject: Affiliate Account Closure).
3.3 BAPartner has the right to terminate the Agreement based on their sole and absolute opinion, without prior notice, if an Affiliate breaches any terms or conditions of this Agreement.
3.4 BAPartner has the right to terminate the Agreement without prior notice if an Affiliate does anything to hurt the reputation of BAPartner, or any of the Clients or the Clients’ Brands.
3.5 If the Agreement is terminated pursuant to clause 3.2, the Affiliate will be owed any unpaid Commissions, earned by or on the date of termination. In other words, no Commissions occurring after the date of termination will be paid to former Affiliate.
3.6 If the Agreement is terminated pursuant to clause 3.3 and 3.4, the Affiliate shall not be entitled to any unpaid Commissions earned by or on the date of termination.
3.7 BAPartner reserves the right, at its sole discretion, to close accounts due to any of the following reasons:
- Affiliate did not pass initial verification checks;
- No response to account verification within 30 days;
- Duplicate or unauthorized linked accounts;
- Unauthorized linked Affiliate and Client player account(s);
- Affiliate failed to provide the correct information; or
- Account is a fake / fraudulent account.
3.8 Any balance remaining on an account closed pursuant to clause 3.7 will be relinquished upon closure. If an affiliate wishes to participate in the Program again, they will need to create a new account and go through the verification steps again.
UPON TERMINATION OF AFFILIATE AGREEMENT
4.1 All rights and licenses granted to the Affiliate shall terminate immediately.
4.2 The Affiliate must remove all Client and BAPartner Program visual materials such as logos and/or banners and disable any links to the Client Website(s) and the Website from their website(s). BAPartner may withhold any final payments, pursuant to clause 3.5 for a short time to ensure that the correct amount is paid to the Affiliate.
4.3 If BAPartner continues to permit activity (generation of revenue) from the Affiliate’s customers after the date of termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.
4.4 The Affiliate will cease all uses of any trademarks, logos and other designations of BAPartner, its licensors and of the Clients.
4.5 The Affiliate and BAPartner will be released from all obligations and liabilities to each other occurring or arising after the date of 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 the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
COMPANY OBLIGATIONS & RESPONSIBILITIES
BAPartner grants to an Affiliate:
- The non-exclusive, non-assignable right to direct players to the websites of the Clients in accordance with these Terms; and
- the non-exclusive, non-assignable license to the logos, banners and any other material belonging to the Clients and authorised by BAPartner for use by the Affiliate.
5.2 BAPartner will provide graphic and textual links to Affiliate for placement on their website(s) or to use with their marketing tools (such as emails). Subject to the Terms, Affiliates may display the links as often and in as many areas of their website(s) and/or marketing tools as they desire.
5.3 Client Websites will register Affiliates with respective Player accounts should they request it. By opening an account with a Client Website, each Affiliate agrees that all the Client Websites’ applicable rules, policies and operating procedures will apply to them. Each Client Website reserves the right to refuse Affiliate Player accounts or close their accounts in its discretion.
5.4 BAPartner will track Affiliate Players’ play on behalf of each Client and will provide reports and data, detailing customer activity to the Affiliate. The form, content and frequency of the reports may vary from time to time in BAPartner’s sole discretion.
COMMISSION STRUCTURES & CALCULATIONS
6.1 For the purposes of this clause 6, “Net Revenue” shall be calculated as follows:
Sports, Casino and Poker Activities: all deposits made by players less monies paid out to players via withdrawals, less player account balances, fraud, chargebacks, bonuses, and processing fees.
6.2 Any payments made pursuant to this clause 6 shall be referred to as Commissions. BAPartner maintains the right to offer varying commission structures to different respective Clients.
6.3 Revenue Share Scheme:
BAPartner will pay the Affiliate a percentage, as outlined in clause 6.4, of the monthly Net Revenue for play generated by Affiliate Players on each Client Website to which the Affiliate has sent players.
6.4 Commission Scheme:
BAPartner will pay Affiliates a commission, as per clause 6.5, based on a sliding scale Rev Share Reward Model. Negative earnings will apply as a red figure and will carry over. Entry level affiliates will begin at 30% while top producing affiliates may earn as high as 40 – 50%.
Affiliate Accounts must meet the minimum monthly balance in commissions for a payout. The minimum balance required is $100 for Bitcoin Transfer.
BAPartner Revenue Share Scale is as follows:
Affiliate Category Reward Model
Entry Level Affiliate 30%
Medium Level Status 35%
Large Affiliate Status 35-40%
Super Affiliate Status 40-50%
6.5 CPA / Hybrid commission plans may be approved on a case-by-case basis at the operator or brand’s discretion. You must submit web traffic reports, previous commission reports, conversion reports and any other relevant reports for review by our management team.
6.6 Net Revenue shall be calculated for each Affiliate Player and in respect of each Client Website for which the Affiliate acts and the aggregate of all such calculations shall be the amount to which the relevant percentage is applied.
6.7 The determination of a payout (if any) in the event that fraudulent Affiliate activity has been discovered will be at BAPartner’s sole discretion.
6.8 Affiliates are entitled to one payout per month. The minimum payout request for earned Revenue Share per month is $100.00 (one hundred US dollars) via Bitcoin transfer.
6.9 The maximum commission payout limit per month is $100,000. Should you need an increase please contact management.
6.10 For clarity, every Affiliate agrees to participate in the Revenue Share commission structure unless agreed upon by the Affiliate and BAPartner.
6.11 All new affiliates are auto-approved for a special 50% Revenue Share Deal running for a 120-day period. Management will review the progress of the campaign at the end of the introductory period for continued 50% or reduced rate should production be below industry average in terms of Monthly Registrations, FTD’s, Conversions, and Active Players.
6.11 Referral Commission:
If any Affiliate refers Sub-Affiliate(s) to the Program, that Affiliate shall be entitled to a Referral Commission of 5%, calculated as a percentage of the Revenue Share Commission earned by that Sub-Affiliate.
For Sub-Affiliate referrals to be valid, Sub-Affiliates may not be directly or indirectly owned or controlled by the referring Affiliate or by a member of the referring Affiliate’s immediate family.
6.12 If any Revenue Share commission payment to a Sub-Affiliate is reclaimed under the terms of its agreement with BAPartner or any payment is made to an Affiliate in breach of clause 6.3 the Affiliate will immediately repay the applicable Referral Commission or Revenue Share Commission it was paid once it receives notice to do so from BAPartner. BAPartner reserves the right to offset any amount owed to it against any payments owed to the Affiliate under this Agreement.
6.13 All payments to an Affiliate under clause 6.12 will terminate when payments to the relevant Sub-Affiliate end for whatever reason.
6.14 BAPartner may, at their discretion and at any time, change the amount of Referral Commission due under clause 6.12 in pertaining to any new Sub-Affiliates referred by first giving prior notice.
6.15 High-Roller Policy, within any given month, if any Casino Customer generates a negative net revenue of at least $10,000 they, for the purposes of this section, will be considered a ‘High-Roller’.
If the Net Revenue for an Affiliate, in that month, at a Client Brand is negative $10,000 or greater, then the High-Roller policy as defined below, will apply:
The negative Net Revenue generated by the High-Roller will be “ring fenced” and carried forward, set off against future Net Revenue generated by that specific High-Roller.
The negative balance carried forward cannot and will not be offset against other Customers’ Net Revenue;
The negative balance carried forward cannot exceed the total aggregate negative Net Revenue for that particular Client Brand on the Affiliate account, for that month;
The negative balance of a High-Roller will be offset by future, positive Net Revenue that the player generates in subsequent months;
6.16 Management may deduct Admin Fees equal to 5% of the Adjusted Net Gaming Revenue earned by the affiliate on a month-to-month basis.
AFFILIATE OBLIGATIONS & RESPONSIBILITIES
7.1 Affiliates of the Brand shall use their best efforts to actively market and promote the Client Website as extensively as possible in order to maximize the financial returns to both the Affiliate, the Client and the Client Brand. An Affiliate shall solely advertise and promote the Brand in a way in which provides a positive reflection of the Brand’s reputation.
7.2 From time to time, BAPartner may issue notice to Affiliates outlining jurisdictions from which it will not accept players. Such a Notice shall result in Affiliates not engaging in advertising, marketing or promoting of the Brand as per the terms of the Notice.
7.3 Affiliates of the brand shall not offer incentives to their referrals beyond what is offered by the Brands. This includes but is not limited to insurance, cash back, rake back or anything where a referral is compensated outside the normal incentives offered by the Brand.
7.4 It is the responsibility of the Affiliate to confirm that the correct tracking information is implemented on its website. BAPartner will not amend the Affiliate tracking ID for Affiliate Players resulting from incorrect or incomplete tracking. BAPartner is not responsible for Commission Fees generated from Affiliate Players with incorrect or incomplete tracking information.
7.5 Affiliates are responsible for providing all required documentation for the verification of ownership of their account.
7.6 Affiliates shall not optimize any page of their website for key words or phrases or derivatives of such that include any name or words and phrases that form part or all of the Client Brand.
7.7 Affiliates shall avoid purchasing any domains that include any names, words and phrases that are or can be deemed to form part of the Brand.
7.8 The Affiliate is restricted from purchasing or developing off-site text links with key word phrases that are part of the Brand.
7.9 An Affiliate shall not establish Social Media or blog domains or account names containing any names, words and phrases that are part of the Brand. Banners and links may not be placed within unsolicited emails, forum postings etc. or through the use of automated scripts. Commission earned from traffic generated outside of these Terms will not be due and payable to the Affiliate.
7.10 An Affiliate agrees to cooperate fully with BAPartner in using and managing links and other affiliate tools as supplied by BAPartner. Further, the Affiliate agrees to:
- Display on the Affiliate’s website(s) only those graphical or textual images that are provided by BAPartner;
- Utilize the entire code provided for banners, links and other promotional tools and shall not amend or remove any part of the code;
- Update images with new images provided by BAPartner from time to time throughout the term of this Agreement;
- Display graphical and text images prominently in relevant sections of Affiliate’s website; and
- Remove any promotional material from the Affiliate’s site as directed by BAPartner from time to time throughout the term of this Agreement.
7.11 BAPartner employs strict Email Direct Marketing guidelines and policies for Affiliates, and other promotional media. The guidelines and policies serve to protect the reputation of the Brand, its customer base, and associated parties. Affiliates that advertise the Brands via unauthorized email direct marketing communications are subject to having their Affiliate account placed under review and any pending funds withheld until the review is completed. By registering as an Affiliate, an Affiliate agrees to abide to CAN-SPAM and FCC regulations and employ best practices in all marketing email communications. An Affiliate further acknowledges and agrees that subscribers and customers may incur expenses in dealing with Spam-generated mail, and that BAPartner or its Clients may potentially incur legal expenses and penalties as a result of unauthorized third-party email communications and if such event expenses will be deducted from the Affiliate’s account. In such cases, BAPartner shall determine such amounts in good faith and BAPartner’s determination will be deemed accepted by the Affiliate, and such amount will be collectable by law in accordance with this Agreement. Should these expenses not be covered by funds in the Affiliate’s account BAPartner reserves the right to investigate alternative means for obtaining payment. For example: should the Affiliate’s account have generated purchasing accounts BAPartner will hold payment of commissions for these accounts until such a time as the account for damages has been cleared. Should the Affiliate’s account be inactive and not be generating profit through commission payments BAPartner reserve the right to demand payment from the Affiliate. BAPartner will seek sanctions against any Affiliate and Affiliate Player involved in fraud, dishonesty or criminal acts. BAPartner will withhold Commissions due to an Affiliate where fraud, dishonesty or criminal acts are suspected. Affiliates agree to abide by the fraud policies of all of the Clients.
8.1 BAPartner will process the payment of Commissions earned pursuant to clause 6 on a monthly basis in arrears and according to the applicable Commission structure.
8.2 Barring any unforeseen circumstances, payment for the preceding month shall be processed by the 5th of each month. If an Affiliate’s Commissions earned do not exceed the minimum payout amount (see table under clause 6.9) in any given month, then payment will be carried over to the following month.
8.3 It is the Affiliate’s responsibility to secure his/her account information. If the affiliate account is taken by others for any reason, and that Affiliate’s commission payments have been affected, BAPartner shall not be liable to pay again any commission applicable to that affiliate account that has already paid out.
8.4 As per term 6:16, any negative revenue Share Commission resulting from negative Net Revenue in any calendar month shall not be carried forward to the subsequent month(s) as per terms except in cases outline by term 6:15 or the “High Roller Policy”.
8.5 It is the Affiliate’s responsibility to select the method of payment and to pay transaction fees associated with their selected payment. It is also the Affiliate’s responsibility to ensure that the bank details saved in the system are complete and up-to-date by the end of the previous month. Unless otherwise selected, payment will be withheld.
8.6 In the event that it is necessary to change amend the payment method or bank account details for receiving commission, Affiliates must submit new details at www.BAPartner.eu and may be asked to provide supporting documentation at the sole discretion of the affiliate program. BAPartner shall endeavour to approve the change request, provided all supporting documentation is complete, by no later than one day before the end of the month for the payment to be made by the payment schedule outlined in clause 8.2 of the following month.
8.7 All amounts are calculated and paid in accordance with BAPartner’s reasonable and good faith means of statistical analysis and customer tracking methods. Affiliates agree that BAPartner’s statistical analysis and customer tracking methods are accurate and reasonable and its calculations final.
8.8 If an Affiliate fails to display banners and text relating to banners of the Brand in accordance with instructions from BAPartner, BAPartner shall have the right to withhold all Commission payments due to such Affiliate until BAPartner’s instructions have been followed.
8.9 If an Affiliate Player is banned from playing at the Brand for any reason, and deposited funds are returned to the Affiliate Player, the Affiliate will not be entitled to any Commissions with respect to revenues generated by such banned Affiliate Player. This could also be grounds for Affiliate account termination at the sole discretion of BAPartner.
8.10 If an Affiliate Player is being investigated for credit card, bank information or address verification, BAPartner will withhold payment of Commissions earned by the Affiliate in respect of revenues generated by such Affiliate Player until the investigation is completed.
8.11 The Affiliate must inform BAPartner within 30 days of receipt of any Commission payment if it believes the Commission has been incorrectly calculated and the wrong amount been paid. Beyond that the Affiliate is deemed to have accepted that the Commission paid to it has been calculated correctly.
9.1 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AN AFFILIATE FROM BAPARTNER OR IN RELATION TO THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. BAPARTNER FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAPARTNER, ITS CLIENTS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH BAPARTNER MAY MAKE TO THE PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROGRAM (OR ANY FEATURES WITHIN THE PROGRAM); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PROGRAM; (C) YOUR FAILURE TO PROVIDE BAPARTNER WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON BAPARTNER’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT BAPARTNER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10.1 This Agreement constitutes the whole agreement between an Affiliate and BAPartner in relation to its subject matter.
10.2 The Affiliate agrees that if BAPartner does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which BAPartner has the benefit of under any applicable law), this will not be taken to be a formal waiver of BAPartner’s rights and that those rights or remedies will still be available to BAPartner.
10.3 An Affiliate may not assign this Agreement without prior written consent of BAPartner. Subject to that restriction, this Agreement will be binding and enforceable against an Affiliate and BAPartner and their respective successors and assigns. Should an affiliated website be sold, that website’s existing sheet of players will not necessarily become property of the new ownership and treatment of such players shall be at the sole discretion of BAPartner Management.
10.4 BAPartner and the 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. The Affiliate will have no authority to make or accept any offers or representations on behalf of BAPartner. The Affiliate will not make any statement, whether on its site or otherwise, that states or implies that the Affiliate has the authority to represent BAPartner.
10.5 The Agreement, and an Affiliate’s relationship with BAPartner under the Agreement, shall be governed by the laws of Latvia.
10.6 This Agreement and all representations, obligations, undertakings and warranties contained in it shall ensure for the benefit of any successor and/or assignees of BAPartner.
IN WITNESS WHEREOF, the Affiliate expressly agrees to the terms and conditions of this Agreement by clicking the “Sign-Up” button via our front-page header.
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