Summary of Changes: All of the terms are here for warning purposes only and are NOT applied retroactively. For future affiliates, if you do not like Negative Carryover, either talk to Unibet ahead of time or do not promote.
Guard Dog's Reflections on the Impact for Affiliates: Lots of changes here, please look them over if you are a Unibet affiliate.
Gross Revenue means the value of the revenues generated by all players referred by the Affiliate across all products; e.g. in sportsbook or casino, the Gross Revenue would be equal to all (settled) bets less wins and in poker the Gross Revenue would be the rake (i.e. the amount that is charged on each qualified pot in cash ring games and/or the fees charged to players to compete in poker tournaments). For the avoidance of doubt; any bet that is not accepted for a legitimate reason, in the sole discretion of Unibet, (e.g. players bad debts) shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue. Intellectual Property Rights means any rights in computer software (including source codes), rights in databases, rights in know-how, design rights, topography rights, copyrights, trademarks, domain names, utility models, brands, business names, registrations of and applications to register any of the aforesaid items and/or rights in the nature of any of the aforesaid items. Payment Agent means the person appointed by Unibet to carry out Net Revenue, calculated on its behalf and name payments to the Affiliates; Personal data a monthly basis, means any information relating to any personthe monthly Gross Revenue less costs, whether individual or legal that which includes but is or may be identified from time not limited totime (directly or indirectly). It includes without limitation any : taxes, betting duties, third party commissions/fees for providing games and all information in relation to New Depositors and/or Affiliatesgame software etc, financial transaction fees, bonuses, loyalty rewards, rakeback, cashbacks and charge backs.
New Depositor means a new customer having made, in compliance accordance with the from time to time existing Unibet terms and conditions(the Rules), as varied from time to time, which it has accepted, a first minimum deposit with Unibet, or the equivalent amount in any other by Unibet accepted currency, or more, and which deposit is utilized used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with Unibet within the framework of the Business. Net Profit Payment Agent means the total sum of the following six (6) components:(i) on sportsbook activities, all gross monies received by us in respect of all settled bets made person appointed by New Depositors after deducting; (i) monies paid Unibet to carry out on its behalf and name payments to New Depositors as winnings; (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) (iii) bad debts; (iv) fraud; (v) returned stakesAffiliates; (vi) transactions which are reversed by instruction from the card-holder's bank (commonly referred Personal Data means any information relating to as charge-backs); and (vii) voids and bet/deposit bonuses. (ii) on casino activitiesany person, the value of opening balance with the addition of funds transferred in less (i) funds transferred out (ii) closing balance (iii) credits made whether individual or legal that is or may be identified from time to users (iv) licensing fees (v) charge-backs (vi) bad debts and time (vii) frauddirectly or indirectly). (iii) on poker activity, the gross rake less (i) licensing fees, (ii) poker chips bonus, (iii) charge-backs, (iv) bad debts and (v) fraud, (vi) rake back, (vii) cash back.(iii) on games activity, the gross stake, less (i) voids, (ii) returns (iii) betting duty, (iv) licensing fees, (v) credits made to users, (vi) bonuses (vii) charge-backs, (viii) bad debts and (ix) fraud.(iv) On New Activities, the gross monies received by us in respect, less prize monies (winning) paid out in connection with New Activities (v) Less arms length commission, license fees and/or similar paid out to Third Parties due to profit sharing arrangement, including but not only fees for the Technical platform, affiliates prizes and other similar costFor the avoidance of doubt, It includes without limitation any amounts referred to hereinabove and all information in this definition are amounts attributable relation to a New Depositor only and are allocated pro rata subject to their participation in the revenue/costs generating events and the Affiliate concerned.Services
2. General scope and object. a) Unibet requires third party advertising space to promote its Brand and increase its Business, notably via increasing the number of New Depositors, and will, from time to time in cooperation with third parties, negotiate, sign and carry out its affiliate marketing strategy. In the event Unibet uses a third party for the (partial) roll-out of its affiliate marketing strategy, including contract negotiation, day-to-day management of the Technical platformPlatform, payment processing, marketing or other activities, this irrespective of the legal capacity of the intermediary, whether as agent, subcontractor or other, Unibet (London) Ltd is and remains exclusively responsible for the proper execution of the Agreement.bAgreement. b) Unibet expressly states that the promoting or soliciting of bets is subject to legal restrictions in some countries and may even be prohibited in some cases. These restrictions may vary from time to time. Thus, the Affiliate acknowledges that - should the promoting or soliciting of bets or the participation in prize games be prohibited under the rules and regulations of its country of domicile or be permissible only under certain preconditions not met - it may not enter into this agreement and shall, consequently, also not be entitled to post the link on its website. Should any disadvantages harm or loss whatsoever arise for Unibet or the Affiliate due to the Affiliates disregard of the relevant prohibitions in the country of domicile of the Affiliate, the Affiliate shall be exclusively liable for such disadvantages and shall hold Unibet harmless and full indemnify it for any such liability incurred by Unibet.. c) The Affiliate further confirms that it operates the Affiliate Site website, where its affiliate link will be palced, under its own name and that it is fully and without restrictions authorised to dispose thereof. d) Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all and any expenses (including investment and/or running costs) incurred in respect of the obligations it undertakes in terms of this Agreement and will have no right of recourse against the other Party in respect thereof
3. The Affiliates integration in the Unibet Affiliate Network a) Upon conclusion of the Agreement, a unique partner identification player tracking code (often in the form of a URL) is assigned to the Affiliate, and the Affiliate is integrated in the Technical Platform. By means of the link player tracking code assigned within the scope of the Unibet Affiliate strategy, New Depositors acquired via the link on the Affiliate's website and the bets placed during such sessions are registered and/or can be further tracked. b) The preparation of additional advertising material relating to Unibet is only permissible with Unibets consent. Advertising material (of any kind whatsoever) may thus only be used after prior written approval by Unibet. c) A change of the URL address of the Affiliate Site shall not constitute a change to the agreement Agreement and shall not affect its the rights and obligations of the Affiliate arising from this agreement. d) Ensuring that the correct player tracking code , (i.e. the unique tracking code that the Affiliate can pull from the Affiliate platform), is utilised correctly is the responsibility of the Affiliate.
The Affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of Unibet's trademarks or otherwise include the word Unibet or variations thereof in the domain name, (i.e. after any prefixes but before the top level domain suffix), or include metatags on the Affiliate Site which are identical or similar to any of Unibet's trademarks. g)
6. Commission, Payment and Payment Terms a) The Affiliate in the Unibet Affiliate Network shall be entitled to receive, on a monthly basis a revenue an amount based on a percentage (to be agreed upon between the parties) of the Net Profit Revenue (Commission). b) The Affiliate shall be entitled to receive the Commission for each New Depositor for a lifetime value from the date of the first deposit made by the New Depositors, except in the event of a termination of the Agreement. In the event of the termination of the Agreement, the payment of the Commission shall end after a period of 6 months following the date of the effective termination of the Agreement. c) To receive revenue commission based on a percentage of the Net profit Revenue of his their Sub-Affiliate, the Affiliate shall register the sub-affiliate Sub-affiliate through the Unibet Affiliate Networkprogram. The Affiliate is individually responsible for registering his their Sub-Affiliate and cannot claim revenue from a Sub-Affiliate not registered through the Unibet Affiliate Network nor can the Affiliate claim a commission on a new Affiliate account created by an Affiliate who simultaneously has another Affiliate account in the Unibet Affiliate program. The Terms Affiliate shall ensure that the Sub-affiliate complies with these terms and Conditions conditions shall apply to the Sub-Affiliate by making it aware of them before it enters into any arrangement with the Affiliate in relation to this agreement. The Affiliate undertakes the responsibility to not to use a fictitious name or alias when registering a Sub-Affiliate and is not allowed to register himself as a Sub-Affiliate. The Affiliate is entitled to receive 10% of his Sub-Affiliates commission.dcommission. At the sole discretion of Unibet, the Head of the Affiliate Program may, without prejudice to any other rights or remedies available to Unibet, choose to deal with Sub-Affiliate account fraud, i.e. failure to comply with the forgoing rules by; merging duplicated accounts and/or apply the original reward plan to the players from the secondary Affiliate account and/or severe the link between the master Affiliate Sub-Affiliate and/or terminate the Affiliate agreement for either affiliate. d) Unibet shall provide the Affiliate with statements accessible through the Technical Platform Affiliates Unibet Affiliate Account accessible at http://www.netrefer.com http://www.unibetaffiliates.com detailing the number of New Depositors and the Affiliates share of Net ProfitRevenue, if any, which have accrued to the Affiliate over the course of the calendar month. Such statements shall in principle be updated daily. At the end of a calendar month, Unibet shall record the Affiliates total share of Net ProfitsRevenue, if any, during the previous calendar month (Commission). If a Revenue Share does not exceed 100 GBP Euros or similar, Unibet shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds 100 GBP Euros or similar.esimilar. e) It is understood and agreed that Affiliate has at any time secured real time access to the Technical Platform, always provided that Unibet does not object such access for duly motivated reasons, such as network and IT maintenance and/or security threats. Affiliate understands and accepts that the real time data of the Technical Platform are merely estimations and/or have an indicative value. After the end of each calendar month, shall Unibet provide Affiliate with a consolidated monthly statement containing the aggregated and accurate data concerning the generated Net Profits Revenue and the commissions of each Affiliate. f) Affiliate understands and accepts that access to the Unibet Technical Platform, including without limitation the Netrefer NetRefer back-office module, is subject to the highest confidentiality obligation and any misuse, whether intentionally or not, of said limited access right shall be considered as a substantial breach of essential obligations under the present Agreement (obligation of result).gresult). g) All payments to Affiliate shall be made by a Payment Agent appointed by Unibet. Both Parties agree and acknowledge that Unibet may change from time to time, and at its sole discretion, the payment method and/or Payment Agent, always provided Unibet (London) Ltd is and remains exclusively responsible for payment of any amounts due. h) All payments required to be made under this Agreement shall be made in GBP or Euros. The applicable exchange rate, if any, shall be the ones from time to time used by Unibet for internal Group reconciliation purposes, as for currently reported by OANDA (http://www.oanda.com) a registered Futures Commission Merchant (FCM) with the Commodity Futures Trading Commission (CFTC) and a member of the National Futures Association (NFA ID #0325821). For the avoidance of doubt, all payments shall be made inclusive of VAT, if applicable and the i) Affiliate is individually responsible for withholding tax, commissions that do not require VAT and social fees.i) Invoices and payment to be added are processed automatically through the Netrefer NetRefer technical platform without the need for the Affiliate to raise an invoice. Payments shall be made approximately between the 5th 10th and 15th in the 10th following month calendar month. If the Affiliate is registered for VAT or wishes for VAT to be added to the monthly commission, it shall invoice Unibet before the 5th day of the month following the month for which the commission is to be paid. Failure to submit a valid invoice by this date will result in possible delay of each calendar payment to the following month. addressed to Unibet (London) Ltd, 4th Floor Wimbledon Bridge House, 1 Hartfield Road, London, SW19 3RU and the PO number provided by their affiliate manager and email the invoice to ULL_invoices@unibet.com j) In the calculation of Net ProfitRevenue, when a New Depositor account results in a negative balance for the Affiliate, due to New Depositor winnings and/or bonuses etc, the said balance will be carried over to the next month, unless the deal has been adjusted to a no negative carry over reward plan which must be approved by the Head of the Affiliate program in which case, any negative Net Revenue will be set to zero at the beginning of each month. No negative Negative carry over is not intended to be applied to any deal retroactively and will be taken into part of the standard reward plan for Affiliates who sign up to the Affiliate program after 05th September 2011. k) The Affiliate is responsible for making sure there are accurate payment details in its Affiliate account from one month and as such, any payment made to another accounts listed in the calculation Affiliate account will be considered as payment made by Unibet. Any cost incurred by Unibet owing to incorrect payment details provided by the Affiliate will result in those fees being passed onto the Affiliate in the next monthly payment cycle in which there is a payment owing to the affiliate. l) If for any reason the Affiliate has been paid an incorrect amount, (e.g. the Affiliates commission on the Net Revenue for a calendar month had already been calculated by including a failed sports bet, or the like, before Unibet was able to update the affiliate platform from where Net Revenue is displayed and Affiliate commissions calculated), then without prejudice to any other rights, Unibet reserves the right to deduct the corresponding amount of overpayment to the Commission Affiliate from the following months commission, and each month thereafter, until the debt is repaid in full OR add the Net Revenue difference to a proceeding month. m) If there is a valid payment owing to an Affiliate for a period of five years or more due to a result of any or all of the following, incorrect payment details, missing payment details, invalid or no-longer valid payment details, and the Affiliate has not responded to all reasonable contact attempts from Unibet on the topic of their payment details, then the payment will be cancelled.
See the original AGD Terms Alert.