Focusbet Affiliates Terms and Conditions
1.1 Registration Customer-Members
We will register your registered customers (our members) and will keep complete records of their transactions. We reserve the right to refuse Customers or close their accounts if necessary to comply with any terms and conditions. "Clients" are defined by enrolling in one of the products of our website Focusbet.com, once they arrive in our site through one of your direct links (trackers), which will you be available through our Site when you register. By opening an account with us, they will become our customers and therefore all rules, policies and operating procedures will apply to them.
a) Special registration code: if a player presses a tracker but then uses a special registration code, the second will take over the first, i.e. the special code overrides the tracker.
1.2 Monitoring Game Client
We will monitor betting and customer games (betting / casino) and we will make provide you with a report with a summary of their activities, which you can access through the affiliate site.
1.3 Pay a Referral Notice
We will pay you commission on the bases of the net profit (defined below) we earn from players coming from your site after they open an account with us and they bet real money in our site: Focusbet.com.
All our partners are required to identify (documents) from our department if deemed necessary and requested. If a partner refuses for any reason the identification process, at our discretion we will have to close the affiliate account and keep the earnings.
We can modify any of the terms and conditions contained in this Agreement or replace them at any time and at our sole discretion by placing a notice of change or new agreement on our site, which will inform you to the email address you provided us when you registered as an affiliate partner. If any modification is unacceptable to you, you can terminate the agreement, by updating us with a relevant email (email@example.com). Your continued participation in the program after the modification of the new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
1.5 Application Join the Partner Program
To join our affiliate program you must accept these terms and conditions by ticking the box indicating your acceptance during filling in the registration form as our partner. It is in our discretion to determine whether to accept or reject your application, our decision will be final and will not be able to appeal. We will notify you by email if your application is successful.
2. Rights and Obligations
2.1 Links to our Websites
By agreeing to participate in the Affiliate program (Focusbet.com), agreeing to create and maintain unique links from your website to the websites of our company. You can connect with us through banners, text links and visual adverts containing a unique link (link, tracker) that will provide to you.
2.2 Minimum Requirements Recommendation
a) To be eligible for commission by our sites, the adverts should be displayed (with banners and text links) to prominent places of your web site (including the homepage of your site) and there should be a minimum of 10 active members (which they have played with real money in the last calendar month) that signed up through your website. Should any of these conditions are not met then you do not have the right of a monthly commission and we reserve the right to close your account.
b) Our company reserves the right to delete (after informing) a partner / affiliate account if over three months has not created five new active records. For compensation refer to the term 5.1
c) After monitoring and observing that a partner / an affiliate tried to create duplicate accounts that make deposits / withdrawals to be "activated" in order to achieve the target of 10 minimum active registrations, then the account will be deleted and will not be entitled to any commission.
d) We reserve the right not to pay commission to a partner / affiliate, if there is suspicion of fraud (2.2.c) and if we find that active accounts are not identified in accordance with the terms and conditions governing their players / members Focusbet.com. - We reserve the right to refuse payment if the supply of new documents is not appropriate (through content support, inducement, etc.)
e) The commission rate is starting 20% per product (sports betting & Casino: on the "loss" of the players).
f) It is prohibited that the “player” Account of an affiliate to be connected with his affiliate account and receive a commission from him. You may play on our sites as a player but barred from receiving commission through the affiliate account that he maintains.
g) We reserve the right to refuse access to a Partner in some cases at our discretion.
h) If our company decides, in its sole discretion, that an Affiliate has undertaken sending mass spam or advertising our services in any other unauthorized way, our company (without restricting other rights or legal instruments that may be available) can withhold any commissions otherwise payable to the Partner under this contractual relationship and / or to terminate the contractual relationship with immediate effect upon notice at any time during the term of this contract.
i) You are eligible to a commission as long as you advertise our products (in accordance with clause 2.2.a). If for some reason you stop running the campaign on your site or is limiting the campaign, automatically we have the right to close your account (for the compensation force referring to the term 5.1)
k) You are eligible to a commission if you advertise on your site our banners in visible places. In the event that you do not provide the maximum possible advertising / promotion, we are entitled without further excuse to close your account with all the relevant consequences (loss of revenue, players, etc.). 5.1 Applies here.
2.3 Approved creative & promotional material
You can only use the creative (banners, html emails, articles, images and icons) that are provided on our Affiliate program site and you do not have the right to change their appearance or make any modifications in them without our written permission. The appearance and syntax of the hypertext transfer links are designed by us and constitute the only authorized and licensed representation of our websites.
2.4 Good Faith
You will not benefit on your knowledge of known or suspicious movement is not carried out in good faith whether it causes damage to us. We reserve the right to withhold all amounts of accounts payable to you under this Agreement if we have reason to believe that this movement was on your knowledge. Even if you did not create this movement, we reserve the right to withhold Referral Fee on such movement. We reserve the right to withhold affiliate payments and / or suspend or close accounts when affiliates clients abuse our company regardless of whether you are aware. Such statements include, but are not limited to different customers betting both results of a contest or market to limit risk and claim bonuses.
2.5 Responsibility for Your Site
You will be solely responsible for the development, operation and maintenance of your website and for all content that appears there. For example you will be solely responsible to ensure that the content published on your site are not libelous against the interests of our company. We disclaim all liability for these matters. Furthermore, you will compensate and protect us from all claims, damages and expenses (including, without limitation, legal fees) arising directly or indirectly from the development, operation, maintenance and contents of your website. Our partner program is designed to your direct involvement. If an affiliates wishes to transfer an account to another recipient account owner he must request permission by contacting us by email: firstname.lastname@example.org. The approval or not is solely at our discretion.
During this agreement, we can trust you with "sensitive" information related to our business, operations, or the Affiliate program technology. You agree to avoid disclosure or unauthorized use of such confidential information to third parties unless you have our prior written consent that you will use the confidential information only for purposes necessary to further the objectives of this Agreement. Obligations regarding Confidential Information shall continue after termination of this Agreement.
2.7 Data Protection
You will comply with the Privacy Act of 1998 and regulations individuality and Electronic Communications (EU Directive) Regulations 2003 and any other relevant legislation.
3. Calculating Commissions for Affiliates
3.1 Referral Fee
It is based on the net profit for referring customers. The net profit is defined as: Focusbet: all gross money accepted from all settled bets after deducting:
a) Money paid to customers as winnings
b) Money paid in the form of taxes
c) Non- collected debts
d) Fraud (fraud - collusion etc.)
e) Returning stakes
f) Transactions which are reversed by the instructions of the bank of the cardholder (usually referred to as returnable charges - chargeback)
g) Void bets
h) Bet / deposit bonuses (free bets, loyalty bets etc.).
The value of the balance by adding funds transferred except:
a) The amounts withdrawn,
b) Closing balance,
c) Credits made to users,
d) Money paid in the form of duties or taxes (or reasonable benefit relation),
e) Licensing fees,
g) Non- collected debts and
We reserve the right to change the commission rate and the method of calculation of commission if necessary without any justification or notice.
3.2 Calculation of commission payable
Partners - Affiliates are entitled to payment in the sum of winnings of sport betting and casino betting. Negative commission balances in sports and casino will be deducted from available commissions and transferred to the following month (negative carry over).
4. Payments Establishment Notice
Your account must have at least 10 active registered clients to be eligible for payment of commission (payment is completed by the 30th of the next month), provided you met the requirements for customers of the previous month.
The commission of our partners are made to a designated player's account in our site Focusbet because it is the quickest and easiest way to withdraw your money then via your preferred method of payment.
If a partner owns a company then you need to fill it in the registration form: Company details (name, address), VAT / Tax ID, Telephone, address, bank (IBAN, beneficiary Bank, Swift etc.). In the beginning of each month he should send us an invoice to email@example.com with all the above, the commission amount and reasoning e.g.: "Affiliates Commission - July 2013"
Minimum amount of commission 100 euros. If it is less than that the amount will be transferred to the next month until the 100 euro is reached (positive carry over).
As an active customer of one of our affiliate / partner is defined as the visitor of your website who directed to our site Focusbet.com through your campaign media, registered as a customer, deposited money to his customer account and conducted betting activity.
5. Duration, Termination, Consequences and Unsuitable Sites
5.1 Duration and Termination
The duration of between our agreement will begin when you process the registration and create a unique link to our site, will be continuous unless one party notifies the other in writing that he wishes to terminate the Agreement, in which case the 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 way of notification.
Since our cooperation has ended you are entitled the commission for the rest of the end month. Wherever that carry is not qualified to be received since you did not comply with minimum conditions for the suppling the commision. Our company has the right to either terminate an affiliate partnership or to amend its terms, or by changing the percentages (increase / decrease), or turn it into a flat fee (under equivalent conditions), if it considers that there are grounds to protect the interests of the company. From the moment we announce to the partner any change to the way of cooperation, he has no choice other than to comply with it.
Upon termination you must remove all banner / icons from your site and disable all links from your website to ours. All rights and licenses given to you in this Agreement will be terminated immediately. You will return to us any confidential information, and all copies you have in possession, custody and control of you and stop all uses of our banners.
5.3 Unsuitable Sites
We may terminate this 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 . 5.3.1 Website performance comparison The display the Focusbet at odds comparison sites is forbidden (oddschecker.com type). The partner who registers an affiliate account and "upload" banners / trackers in such sites are not entitled to any fee from us.
5.4 Double-entry Accounts
You will not open more than one affiliate account without our prior written consent nor will earn commission from your own account or related person in sports bet or casino. The program aims to professional publishers / web site owners.
6. Continuous Promotion
You will incorporate and prominently and continually show their latest links provided by us on all pages in a manner and location agreed by us and will not change the form, place the links without our prior written consent. Entitled commission fees are based on the continuous promotion of Focusbet.com products. We reserve the right to reduce the rates of commission fees if you reduce your efforts to attract customers. The reduced or suspended promotion of our sites can be considered as termination disposal of this agreement.
7. Relations Parties
We are independent contractors and there is nothing in this agreement that creates a partnership, joint venture, agency, franchise, or employment relationship between us. You will not have the authority to make or accept offers or representations on our behalf. You will not make any statements on your website or elsewhere, that contradicts this agreement.
8.1 Governing law
The laws of Malta govern this Agreement and you agree for your submission to the jurisdiction of the courts.
8.2 Assignment, Transfer
You may not assign, transfer this Agreement without prior written consent.
8.3 Non - Waiver
Our failure to enforce your performance to any provision of this Agreement will not constitute a waiver of our right to enforce such or any other provision of this Agreement. Changes, additions, deletions or insertions are not allowed and will not be recognized by us between the terms of this Agreement. None of our staff or our partners do not have the authority to make or agree any changes or modifications to this Agreement or its terms.
8.4 Reparability / Resignation
Where possible, each provision of this Agreement shall be interpreted so as to be effective and valid by the law but, if any provision of the Agreement is held invalid, illegal or unenforceable in any respect, such provision will not only be effective to the extent in which similar validity or unenforceability, shall not invalidate the remainder of this Agreement or of this provision. The non-waiver will be implied from conduct or failure to enforce rights and must be in writing to be valid.
Last Updated: October 2016