Terms and Conditions

In order to apply for our affiliate program you will need to read, understand and accept these terms and conditions. If you do not agree with the terms and conditions do not continue with your application. Should you have any questions regarding our affiliate program please contact for further information.

 

1. Agreement

 

1.1 This document (the "Agreement") outlines the terms and conditions agreed between us, EveryMatrix N.V. (referred to herein as "MaxBet Affiliates", "we" "us" or "our") and you (referred to herein as "you", "your" or "affiliate"), in respect to your application to join our affiliate program and to promote the maxbet.ro website and our services.

 

 

1.2 MaxBet Affiliates reserve the right to update or modify this Agreement by notice via message to your email address 5 days in prior to any changes being implemented and presented online at the site within the section of affiliate terms and conditions. Should you not agree to the changes you are required to terminate this Agreement in accordance with the terms within this agreement. Details of any changes to the terms and conditions will be published in clause 15 within this agreement available in updated version on maxbet.ro . If you continue to participate in our affiliate program also after changes to the agreement has been posted this will be constituted as a binding acceptance of such changes by you.

 

1.3 In order to join our affiliate program you are required to accept our terms and conditions as well as submitting a completed online application form. MaxBet Affiliates determines at its' sole discretion whether or not to accept your application for our affiliate program. Our decision is final and no appeal will be granted. Once we have reached a decision in regards to your application we will notify you by email informing you of whether you have been accepted as our affiliate or not. Upon a successful application you will be bound by these terms and conditions set out in this agreement when marketing/promoting the MaxBet Affiliates website and services. MaxBet Affiliates will email you with further information upon acceptance of your application.

 

 2. Definitions

 

 In this Agreement unless the context otherwise requires:

 

"Confidential Information" means all information about us which is not publicly known and that is disclosed (by whatever means) by us to you.

 

"Net Generated Revenues (NGR)" means the sum of MaxBet Affiliates net revenue generated by all your referrals in the space of a calendar month.

 

"Net Revenue", calculated on a monthly basis, means the monthly Gross Revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees for providing games and game software etc, financial transaction fees, bonuses, "loyalty rewards", rakeback, cashbacks and charge backs.

 

"Intellectual Property Rights" means any and all patents, trademarks, service marks, designs, trade, business or domain names, goodwill associated with the foregoing, e-mail address names, copyright including rights in computer software (in both source and object code) and rights in databases (in each case whether registered or not and any applications to register and rights to apply for registration of any of the foregoing), rights in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade secrets and other intellectual property rights which may now or in the future subsist in any part of the world including all rights of reversion and the right to sue for and recover damages for past infringements.

 

"Referred Customers" means Customers who have no prior account with Our Website, and have signed up for an account with us with your affiliate tracking code attached.

 

"New Depositing Player" means a New Customer / Player who has made a first minimum deposit with MaxBet Affiliates where this latter is used for bona fide transactions with an ultimate aim to establish and enter into a normal commercial relationship with MaxBet Affiliates within the framework of the Business. The customer registration and the first deposit do not have to be simultaneous.

 

"Revenue Share" means the percentage share the affiliate will earn from the Net Generated Revenues created by his Referred Customers.

 

"Your Website" the website which you notify to us on the Affiliate Sign up Form.

 

 

3. Linking

 

 

3.1 The Links provided to you by MaxBet Affiliates should be displayed and used by you in the manner agreed between you and us and you shall not change the form, location or operation of the Links without MaxBet Affiliates's prior written consent.

 

3.2 You shall ensure that you do not place any Links on pages of the Your Website aimed at persons under the age of 18 years.

 

3.3 In the event that you wish to place the Links on websites other than the Your Website, you must first obtain MaxBet Affiliates's written consent.

 

3.4 If we discover that your use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links used by you and to immediately terminate this Agreement without notice to you (see 13.2).

 

 

4. Revenue Share And Net Generated Revenue Calculations

 

4.1.1 Your revenue share is calculated according to the following structure:

 

NGR (Net Generated Revenue)

 

Sport

30% flat commission, NCO

 

Casino

 30% flat commission, NCO

 

4.1.2 The Revenue Share model stipulated in 4.1.1 always applies for the Casino and Sports Betting products. 

 

4.2 Net Generated Revenue is calculated according to the following terms for each of MaxBet Affiliates'products:

 

a) NGR from Sports Betting is calculated as, the figure resulting from the calculation of the betting revenues generated by your referred Customers actually received by us less the winnings, less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers.

 

b) NGR from Casino is calculated as, the sum total of all your referred Customers' gross bets less payouts (as calculated by Our Website), less any credits, bonus or promotional amounts given to Referred Customers, processing charges, chargebacks, or any uncollectible revenue attributable to the Referred Customers. 

 

We retain the right to change the REVENUE SHARE AND NET GENERATED REVENUE percentage and method of calculation of Revenue Share as we wish in accordance with clause 1.2

 

5. Forbidden Practices

 

 

5.1 You may not in any way offer added rewards of any kind to your Referred Customers without MaxBet Affiliates's prior written consent. If MaxBet Affiliates deems you to be in breach of this condition, MaxBet Affiliates may terminate your affiliate agreement and seize to pay you any further Revenue Share from your Referred Customers (see Term 13.2).

 

5.2 Neither you nor your direct relatives (spouse, partner, parent, child or sibling), may under no circumstance receive any Revenue Share on your own or direct relatives' customer account.

 

5.3 You are forbidden to in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the MaxBet Affiliates Site.

 

5.4 You are forbidden to attempt to artificially increase monies payable to you by MaxBet Affiliates.

 

5.5 You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.

 

5.6 When advertising to customers in Great Britain, you shall abide by the rules for gambling advertising as defined by the Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority. You will ensure that marketing communications, particularly in relation to free bet and bonus offers do not amount to or involve misleading actions or misleading omissions. Marketing communications that include a promotion must provide as such information about significant conditions as practicable within the advert itself, and with sufficient prominence. Where the advert is genuinely limited by space (banner advertisement) significant conditions must be displayed no further than one click away from the advert itself. Examples of free bet or bonus offers which may not comply with legislation include: the promotion does not provide supporting information on the terms and conditions of the offer or provides it with insufficient prominence for example only visible once scrolled down; when clicked, advertising banners take a customer direct to the join or login section of the website, without providing terms and conditions of the offer; significant information may only be available 'below the fold' on a web page or email and a customer may only be aware that terms and conditions apply if they actively scroll to the end of a webpage or similar. The above requirements are applicable to all forms of marketing communication, including social media and other forms of advertising such as newspapers. We reserve the right to terminate the Agreement if, in our reasonable opinion, you have breached the gambling advertising rules as defined by Committees of Advertising Practice (CAP and BCAP) and upheld by the Advertising Standards Authority.

 

 

6. MaxBet Affiliates'S Obligations

 

 

6.1 MaxBet Affiliates shall supply you with the Links for inclusion on the Your Website and may update such Links from time to time.

 

6.2 MaxBet Affiliates shall use its best endeavors to ensure that whenever a Referred Customer signs-up with MaxBet Affiliates through your affiliate link with your tracking code attached the relevant Customer is identified as originating from the Your Website. However, MaxBet Affiliates shall not be liable to you in any way if MaxBet Affiliates is unable to identify a Customer as originating from the Your Website.

 

 7. Payment

 

7.1 Payment is made on the 15th of every calendar month.

 

7.2 If an Affiliate's Revenue Share for a particular calendar month is negative, such negative amounts shall be carried forward to the subsequent month(s).

 

7.3 We offer Negative carry over policy.

 

8. Intellectual Property

 

8.1 MaxBet Affiliates grants you a non-exclusive and worldwide license to display the MaxBet Affiliates brand features and related content (the " MaxBet Affiliates Content") during the Term solely for the purposes of the display of the Links by you on the Your Website as set out in this Agreement and in accordance with MaxBet Affiliates's guidelines as may be provided to you from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by MaxBet Affiliates to its customers from time to time shall remain the property of MaxBet Affiliates. You are not permitted to alter or modify in any way the MaxBet Affiliates Content without the express prior written consent of MaxBet Affiliates.

 

8.2 Sunteti de accord ca website-ul dumneavoastra sa nu semene in nici un fel cu aspectul site-ului MaxBet Affiliates si nici sa creeze impresia ca site-ul dumneavoastra este site-ul MaxBet Affiliates (sau orice parte a acestuia).

 

9. Garantii

 

9.1 Fiecare parte a prezentului accord reprezinta si garanteaza celeilalte ca are si va pastra, pe parcursul termenului, toate drepturile, titlul si autoritatea de a incheia prezentul accord, sa permita celuilalt participant drepturile si licentele acordate in prezentul accord si sa isi indeplineasca toate obligatiile care ii revin in prezentul accord.

 

9.2 Dumneavoasta garantati ca ati obtinut si ca va veti asigura ca vor ramane active toate inregistrarile, autorizatiile, consimtelele si licentele necesare pentru a va permite sa va indepliniti obligatiile care vi se impun in baza prezentului Contract.

 

10. Responsabilitatea

 

10.1 Nu reprezentam faptul ca functionarea site-ului MaxBet Affiliates va fi neintrerupta sau fara erori si nu vom fi responsabili pentru consecintele intreruperilor sau a erorilor.

 

11. Despagubiri

 

11.1 Dumneavoastra ("Partea care despagubeste") va despagubi la cerere si va apara MaxBet Affiliates si fiecare dintre asociatii, ofiterii, directorii, angajatii, agentii, actionarii si partenerii MaxBet Affiliates ("partea despagubita") impotriva oricaror pierderi, reclamatii, daune, costuri, cheltuieli (inclusiv si fara a se limita la pierderi rezultate, costuri si cheltuieli legale rezonabile si TVA, daca este cazul) si obligatii suferite sau suportate, direct sau indirect, de catre partea despagubita ca urmare a unei brese, neindeplinirea sau nerespectarea de catrea Partea care Despagubeste, a oricaror obligatii sau garantii din partea Partii Despagubita din prezentul Acord.

 

 12. Excluderea Raspunderii

 

12.1 Nici o dispozitie din aceasta clauza 12.1 nu va limita raspundearea MaxBet Affiliates pentru moartea sau vatamarea corporala care rezulta din neglijenta MaxBet Affiliates sau din frauda.

 

12.2 MaxBet Affiliates nu sunt raspunzatori, in contract, drept delictual, incluzand dar nelimitandu-se la neglijente sau in orice alt mod pentru: pierderea veniturilor, a profiturilor, a contractelor, a economiilor sau economiilor anticipate; sau orice pierdere de bunavointa sau reputatie; sau orice pierderi indirecte sau consecvente, in orice caz, indifferent daca aceste pierderi au fost sau nu in contextual contemparii partilor la data prezentului accord sau a oricarei alte problem cu temeiul prezentului acord.

 

12.3 The liability of MaxBet Affiliates shall not, in any event, exceed the sum of the total monies paid by MaxBet Affiliates to you over the 6 month period preceding the date on which such liability accrued.

 

13. Term

 

13.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 1. This Agreement shall continue thereafter unless and until terminated by either party upon 30 days written notice.

 

13.2 If you are in material breach of your obligations within this agreement, MaxBet Affiliates may bring the term to an end with immediate effect; and cease to pay you any further Revenue Share on you Referred Customers, by written notice to you.

 

13.3 In the event that a referred customer has had no activity for a period exceeding 24 months, this customer will no longer be deemed as your referral and you will no longer be entitled to any further Revenue Share from any future revenues created by this player.

 

 14. General

 

 14.1 This Agreement constitutes the entire Agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.

 

14.2 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect.

 

14.3 Any notice given or made under this Agreement to MaxBet Affiliates shall be by email to the relevant email   . MaxBet Affiliates shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to MaxBet Affiliates.

 

14.4 Nothing in this Agreement is intended to create a partnership between the parties, or to authorize either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.

 

14.5 Neither party shall make any announcement relating to this Agreement nor its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority.

 

14.6 The validity, construction and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of The Netherlands Antilles. Each party irrevocably submits to the exclusive jurisdiction of The Netherlands Antilles courts over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.

 

14.7 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail.

 

15. Changes To This Agreement

 
This Agreement has not been varied or otherwise amended since 2d of July, 2015.