MustardBet Affiliate Terms & Conditions
Last updated: 28/02/19
- This Agreement
- This Agreement sets out the terms and conditions between on the one hand Mustard Bet Limited and Acorn Seed Services Limited, each a limited company incorporated under the laws of the Isle of Man (“MustardBet”, "we", "us" or "our" as applicable) and on the other hand you in relation to your application to set up an affiliate account (and membership of the affiliate programme if your application is deemed successful) to promote the "MustardBet Sites" (or certain of our sites, conditional on which of our products you agree to promote) by the creation of internet hyperlinks and other promotional links, such as visual assets (the "Links") from your website(s) (your "Site") or from your promotional emails (which we have pre-approved) to the Sites.
- The "MustardBet Sites" currently include www.mustardbet.com and any application version of this and such other sites as we may add from time to time.
- We reserve the right to change any part of this Agreement at any time. Where possible, notice of any material changes will be sent to the last email address which you may have provided to us in advance of such changes becoming effective but it is your responsibility to check these terms and conditions frequently and we reserve the right to amend this Agreement at any time. Your continued participation in our affiliate programme after we have posted the changes will constitute binding acceptance of such changes. The latest modification of the Agreement will be as per the date stated at the top of this Agreement so please check this page regularly for updates.
- Application Form
- By filling in the application form and ticking the checkbox you confirm that you are over 18 years old and are requesting membership to our affiliate programme and are agreeing to the terms and conditions of this Agreement. The application form will form an integral part of this Agreement.
- We will in our sole discretion determine if your application has been successful. Our decision is final and is not open to appeal.
- We will notify you by email if your application has been successful with instructions as to what you must do to include the Links on your Site.
- If you want to use MustardBet odds/prices on your Site, you will need a customer account with MustardBet so that you can access the API. If you don’t already have one, you will need to register a new account at www.mustardbet.com.
- Marketing the MustardBet Sites
- For the duration of this Agreement, you shall:
- prominently incorporate and continually display on your Site the most recent Links provided to you by MustardBet and you shall not change the form, location or operation of the Links without MustardBet's prior written consent;
- provide at no cost to MustardBet all data and information to enable us to monitor your Site to ensure your compliance with this Agreement;
- maintain your Site and contact us if you are materially changing design or layout or adding material that you should know, acting reasonably, may influence our opinion as to whether or not you are a suitable affiliate;
- promote the MustardBet Sites in a socially responsible manner, specifically in respect of the need to protect children, young and vulnerable persons from being harmed or exploited;
- not place any Links on pages of your Site aimed at persons under the age of 18 years or otherwise target, whether directly or indirectly, such persons for gambling products;
- ensure that at all times all marketing activity complies with clauses 3.1 and 3.2
- limit all online marketing activity to the following approved methods of marketing: online advertising including Industry Relevant Expertise, Niche Websites, Personal Websites, Comparison Websites, Video Blogs and Web blogs, PPC search campaigns, Loyalty & Reward Sites, RSS Feeds, and Social Media marketing. You must request permission prior to implementing any method outside of the foregoing. This Agreement sets out the sole and exclusive means by which you may advertise, promote and market our Sites;
- clarify in all your communications to potential customers that the communication is made without the knowledge or involvement of MustardBet and that any complaint that the recipient may wish to make should be addressed to you and not MustardBet;
- upon our request, immediately remove any marketing activity promoting MustardBet or the MustardBet Sites on your Site or on other advertising channels within your control; and
- comply with all reasonable instructions of MustardBet in relation to this Agreement.
- Throughout the term of this Agreement, you shall not:
- place the Links on websites other than your Site as specified in your application form without MustardBet's prior written consent;
- offer any special benefits or other incentives (including for example any payment) to any person for using the Links on your Site to access the MustardBet Sites;
- read, intercept, copy, record, redirect, interpret, or otherwise interfere with, or fill in the contents of, any electronic form or other materials submitted to us by any third party;
- modify any of the Links other than in accordance with this Agreement;
- engage in transactions of any kind on the MustardBet Sites on behalf of any third party;
- assist or encourage any other person to transact on the MustardBet Sites other than in accordance with this Agreement;
- take any action that could cause any third party (end users or otherwise) confusion as to our relationship with you, or as to the site on which any functions or transactions are occurring;
- other than providing the Links on your Site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the MustardBet Sites;
- attempt to, or, artificially increase monies payable to you by MustardBet;
- attempt to intercept, redirect or otherwise interfere with (including, without limitation, via user-installed software) traffic from or on any website that participates in our affiliate programme;
- solicit non-member affiliates (termed "sub-affiliates") to distribute offers and claim commission on such activities. You are prohibited from starting a sub-affiliate network using MustardBet offers and media assets without our express written consent in advance;
- buy, bid for, register or otherwise acquire keywords, adwords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of MustardBet's (or a member of its Group's) intellectual property rights, including without limitation copyrights, trade marks (whether registered or unregistered), brand names, domain names, graphics and designs using by MustardBet in connection with the MustardBet Sites. However, this does not extend to the use of meta tag keywords on your site which are identical or similar to any of MustardBet's trademarks or trade names including the term "MustardBet";
- directly or indirectly refer visitors from your Site or Customers (as such term is defined in Clause 5.1) who you suspect (or ought to suspect) are likely to abuse promotions or services available on the MustardBet Sites;
- place the Links on websites providing unauthorised access to copyrighted content (such as illegal streaming sites or file sharing sites); or
- send any marketing communications relating to MustardBet via SMS or email without the prior written consent of MustardBet.
- If we determine, in our sole discretion, that you have breached any of the provisions of clauses 3.1 or 3.2, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement.
- Neither you nor your direct relatives nor any connected party on your behalf (whether a director, contractor, partner, agent, employee or otherwise) are eligible to become a Customer and you shall not be entitled to any payment or any other remuneration from MustardBet in relation to such persons. Direct relatives in this context shall include your spouse, partner, parent, child or sibling.
- Only one affiliate account is permitted per affiliate. MustardBet reserves the right to close any duplicate accounts and to cancel any amounts otherwise due under such accounts.
- MustardBet shall have the right to examine your books, records, systems and other materials and information relating to this Agreement and the services provided hereunder for the purposes of ascertaining your compliance or otherwise with the terms hereof. For that purpose you hereby grant to MustardBet and its representatives and advisers a right of access to your premises, systems and information on the giving of reasonable notice. MustardBet and its representatives and advisers shall have the right to take copies of any records it reasonably requires and you shall provide all necessary cooperation free of charge.
- MustardBet will pay the agreed affiliate commission on customers acquired from global territories by .com domains, except from the list of restricted territories (the “Restricted Territories”) which Mustard will make available to you.
- You will not market or promote any MustardBet Sites within or to persons from any Restricted Territories; or be involved in any traffic coming from any Restricted Territories; or allow, assist or encourage circumvention of any restriction put in place by MustardBet and/or any MustardBet Sites in connection with Restricted Territories. Any changes to this list will be communicated. If we determine, in our sole discretion, that you have breached this clause 3.8, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement.
- MustardBet’s Obligations
- MustardBet will provide you with the Links in various formats (e.g. flash, animated gif, HTML and text formats). At our sole discretion, the Links may include a bespoke affiliate ID (an “Affid”) which may be modified by us from time to time.
- MustardBet will make available to you an API through which you will be able to access MustardBet’s odds information.
- Subject to your complying with all of the terms of this Agreement, MustardBet shall use all reasonable endeavours to ensure that whenever a Customer links to the MustardBet Sites through the Links and subsequently places a bet with MustardBet, the relevant customer is identified as originating from your Site. However, MustardBet shall not be liable to you in any way if MustardBet is unable to identify a Customer as originating from your Site. You should note that if you do not comply with the requirement to obtain consent to tracking, or where an end user refuses to grant such consent, or where you fail to comply with any other applicable laws including in relation to data privacy and security, we shall not be liable to you in any way in respect of the actions of that end user or Customer.
- When you provide MustardBet with personal data, MustardBet will comply with its obligations under the Data Protection Acts 1988 and 2003, as amended, and the European Union’s ePrivacy Directives (Directive 2002/58/EC, as amended by Directive 2006/24/EC and Directive 2009/136/EC and any subsequent amendments) and, as of May 2018, the EU General Data Protection Regulation (GDPR).
- If you have been a customer of MustardBet and self-excluded with either brand in the past, any information provided by you as a personal account holder will be retained only for that purpose and not for any other purpose (commercial or otherwise).
- Payments, Money Laundering, & Your Identity
- In consideration of the continued display of the Links and Code and introducing Customers and subject to clause 12 of this Agreement, you will be entitled to Affiliate Payment on the terms set out in Schedule 1.
- MustardBet shall make available to you statements accessible via www.mustardbetpartners.com detailing the number of Customers and the revenues generated from those Customers, if any, which have accrued to you over the course of the previous calendar month.
- At the end of a calendar month, MustardBet shall record your Affiliate Payment, if any, during the previous calendar month. In the event that a revenue share in any calendar month is a negative amount, MustardBet shall be entitled to carry forward and set off such negative amount against future revenue shares which would otherwise be payable to you. However, MustardBet shall also be entitled but not obliged to zero the negative balance that would otherwise be carried forward.
- If a revenue share does not exceed £50 GBP, or currency equivalent, MustardBet shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the revenue share (including any sum carried forward) exceeds £50 GBP, or currency equivalent, at which time payment shall be made in accordance with clause 5.9. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than £50 GBP, or currency equivalent, in any given month.
- You agree that MustardBet will raise sales invoices for the transactions covered by this Agreement on your behalf until this Agreement terminates in accordance with clause 12. You will not raise sales invoices in respect of the transactions covered by this Agreement.
- You will notify MustardBet immediately if you:
- change your VAT status including if you become VAT registered or if your VAT registration number changes;
- cease to be VAT registered; or
- sell your business, or part of your business.
- You agree to notify MustardBet within 14 days of issue of the invoice if there are any errors on the invoice.
- You agree that the VAT (if applicable) shown on the invoice for the transactions covered by this Agreement which we raise on your behalf is your output tax due to the relevant tax authority.
- Unless otherwise agreed in writing, at the end of every monthly period, the relevant revenue share payable by MustardBet to you shall be automatically raised and paid out (in accordance with clause 5.2) within 30 days of the end of every monthly period (a “Payment Period”). Such revenue share shall be paid in either pounds sterling or Euro, inclusive of VAT if applicable, at MustardBet’s discretion.
- You shall indemnify on demand and hold harmless us from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by MustardBet in consequence of any breach by you of this clause 5.8 or as a result of your VAT status being different from that notified to us.
- MustardBet may engage the services of a third party (currently “Income Access”) to provide and maintain the affiliate platform. We have service levels in place but cannot be held responsible for any failures arising from such third party services. You shall cooperate with us, and to the extent necessary our third party service providers, to give effect to the terms and spirit of this Agreement.
- We shall make reasonable efforts to make any payments due to you in a timely fashion. However, we shall not be liable for occasional delays or delays outside of our control. For example, any changes in the contact or banking details provided by you may give rise to a delay of up to 60 days in making any payments due. Where you become aware of any overdue payments due to you, please contact us immediately and we will seek to resolve the matter as soon as possible.
- We shall use reasonable endeavours to make payments due to you using the payment details provided to us. However, in certain circumstances we may be unable to make payments to you for reasons outside of our control (for example where the bank account details provided are inaccurate or incomplete). Where this occurs, we shall make reasonable efforts for a period of up to six (6) months to contact you via the contact details last provided by you to MustardBet to obtain alternative payment details. If we are still not in a position to make the payments after this period, we may close or suspend your account without further notice and you shall be deemed to have forfeited any entitlement to payment.
- If an error is made in the calculation of your share of the revenue, MustardBet reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by MustardBet to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time).
- It is the policy of MustardBet to actively prevent, to the extent within its control, money-laundering and any activities that facilitate money-laundering or funding of terrorist or criminal activities. MustardBet reserves the right to attempt to verify your identity through the information provided by you, by obtaining information from public sources or by such other means as it reasonably deems necessary.
- You shall provide us with any supporting documents (e.g. any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a bank statement, or in the case of a corporation: a copy of the company’s certificate of incorporation; constitutional documentation; information regarding the identity of the beneficial owner of the company and the identity of the directors of the company) requested by us and you understand that payments may be delayed if supporting documents are not provided.
- You warrant and represent that you shall at all times:
- comply with all laws, rules and regulations which are applicable to your compliance with our obligations in this Agreement;
- comply with Section 16 of The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and the UK Gambling Commission Code of Practice Provision 5.1.6 (Social responsibility code);
- comply with all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption including but not limited to the UK Bribery Act 2010, to the extent applicable (“ Relevant Requirements”);
- not engage in any activity, practice or conduct which would constitute an offence under the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
- comply with any related policies or guidelines as directed by MustardBet from time to time;
- have and shall maintain in place throughout the term of this Agreement policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements, and will enforce them where appropriate;
- promptly report to the MustardBet any request or demand for any undue financial or other advantage of any kind received by you in connection with the performance of this Agreement; and
- upon request and within a reasonable period, you shall certify to MustardBet in writing compliance with this clause 5.17. You shall provide such supporting evidence of compliance as MustardBet may reasonably request.
- Breach of Clause 5.17 shall be deemed a material breach of this Agreement.
- In accordance with the terms of the licence conditions and codes of practice of the UK Gambling Commission (the “Commission”), MustardBet is required to ensure that third parties shall, and therefore you undertake: (a) to conduct yourself in so far as you carry out any activities on behalf of MustardBet as if you were bound by the same licence conditions and subject to the same codes of practice as MustardBet, including but not limited to assisting MustardBet in the display of such information and the provision of such links (for example a link to the Commission’s website) as may be required by the Commission; (b) to comply with any technical standards for remote gambling systems as may be set by the Commission; (c) to provide such information to MustardBet as it may reasonably require in order to enable MustardBet to comply with its information reporting and other obligations to the Commission; and (d) not to encourage players to play longer or wager more than the player might otherwise do. MustardBet may immediately terminate this Agreement if, in MustardBet’s reasonable opinion, you are in breach of this clause 5.16 or have otherwise acted in a manner which is inconsistent with the Commission’s licensing objectives.
- You are solely responsible for your own marketing and promotional activities and you shall carry out such activities in a responsible manner, complying with all applicable laws, regulations and advertising codes. In particular you shall (a) have appropriate privacy and security safeguards in place, and (b) comply with your obligations in clause 5.13 and clause 3.8. You shall immediately comply with MustardBet's requests in relation to this clause 5.17. Where you fail to do so, MustardBet reserves the right to immediately terminate this Agreement.
- For all amounts payable by MustardBet under or in connection with this Agreement, we may at our discretion determine which entity/entities within the Group shall make payments.
- Nothing in this Agreement shall create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between the parties. You shall be accountable to the relevant authorities for all taxation payable on or in respect of payments we make to you and shall indemnify MustardBet from and against any liability that may be imposed on us in relation to same.
- MustardBet makes every effort to ensure that no errors are made in the calculation of amounts due to affiliates. MustardBet reserves the right to correct any obvious errors and to void any payments (to include the right to be reimbursed where payments have been made in error) where such have occurred.
- In the case of any errors in payments made, the amount paid will be rebalanced at the appropriate rate. Should you be credited in error, it is your responsibility, and you undertake, to notify MustardBet of the error without delay. You hereby undertake to provide your full cooperation to MustardBet to correct any such errors, including by way of the return of any over-payments. MustardBet may set off any payment obligation due to us from you against any future payment obligation owed by us to you under this Agreement.
- Criminal Behaviour, Responsible Gambling, Crime Prevention etc.
- MustardBet reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties as may be necessary in this regard. Fraudulent acts include acts by you which are made in bad faith and/or acts which are intended to defraud MustardBet or a member of the Group.
- MustardBet takes our responsibilities very seriously. To this end, we strive to:
- ensure that gambling is conducted in a verifiably fair and open fashion in order to protect customers;
- ensure that, to the greatest extent possible, children and other vulnerable persons are protected; and
- prevent gambling being or becoming a source of crime or disorder.
- You undertake not to knowingly or negligently, through any act or omission, conflict in any way, or cause MustardBet to be in conflict in any way, with any of the objectives set out in clause 7.2.
- MustardBet reserves the right to immediately suspend or terminate any account it believes such account to be involved in fraud, money-laundering and/or any other form of illegal or suspicious activities, to withhold any amounts due on the account, and to report such details as it reasonably considers are necessary to relevant authorities.
- We hereby grant to you a non-exclusive, non-transferable, revocable licence, solely during the term of this Agreement, to use such MustardBet intellectual property, including without limitation any logo, trade mark, trade name, design or other similar identifying material owned by or licensed to MustardBet or a member of the Group (the "Marks") as we make available to you solely in connection with the display of the Links on your Site or in connection with email promotions including the Marks which we approve in advance.
- This licence cannot be sub-licensed, assigned or otherwise transferred by you without MustardBet's prior written approval. Your right to use the Marks is limited to and arises only out of this licence to use the Links.
- This licence will be terminated automatically upon the termination of this Agreement for any reason.
- 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 or our licensor's rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill (which shall vest exclusively in MustardBet).
- You shall not register or attempt to register, or be complicit in any third party registering or attempting to register, any trademark, trade name, logo, or similar identifying material that contain the Marks or are confusingly similar to or are comprised of any of the Marks or any other of our intellectual property rights.
- You undertake not to register or attempt to register or be complicit in or cooperate with any third party registering or attempting to register, any domain name which is similar to any MustardBet Sites or intellectual property rights (or intellectual property rights belonging to a member of the Group), including (for the avoidance of doubt) any misspellings, other variations of the domain names or other likenesses. Where you breach this clause 8.6 you will immediately cease use of any such domain and transfer such domain to us or a third party elected by us.
- You undertake to provide all reasonable cooperation with us in protecting the Marks against third party infringement or any other attack.
- Further Warranties
- Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licences granted in this Agreement and to perform all of its obligations under this Agreement.
- You are solely responsible for the operation and content of your Site and you represent, warrant and undertake that your Site shall contain no material which is defamatory, sexually explicit, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of our rights or any third party rights and shall not link to any such material. We shall not be liable for any claims by third parties relating to your Site or any of the products or services associated therewith and you will fully indemnify us in respect of any losses we or any member of the Group suffers (directly or indirectly) in connection with any such claims.
- You warrant and represent that you are of legal age for gambling as determined by relevant legislation in your jurisdiction. Affiliates who are under 18 years of age are not permitted to participate in the affiliate programme.
- You warrant and represent that you will not, directly or indirectly: (a) do any act or omission that disparages MustardBet, a member of the Group of the MustardBet Sites, or is damaging to the interests, reputation or goodwill of the aforementioned parties and sites; or (b) do any activity that in our reasonable opinion would be deemed unsuitable, inappropriate or fraudulent.
- The MustardBet Sites, and the Links and odds information are provided "as is" without any express or implied warranty of any kind, and all warranties including warranties of merchantability, non-infringement of intellectual property rights, fitness for any particular purpose, and of completeness or accuracy of content are hereby excluded to the fullest extent permitted by law. Neither MustardBet nor any of its licensors gives any warranty that the supply of material and content on, or links to or from, the MustardBet Sites and/or the Links will be uninterrupted, timely, secure or error free or that they are free of viruses or bugs.
- Indemnity and Limitation of Liability
- You shall indemnify MustardBet on demand and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by MustardBet or any member of the Group in consequence of any breach, non-performance or non-observance by you of any of your obligations or warranties under this Agreement.
- Nothing in this Agreement limits or excludes either party's liability for death or personal injury or for breach of any of the indemnities under this Agreement, for which liability shall not be limited.
- We shall not be liable to you in contract, tort, or otherwise (including liability for negligence) for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.
- We shall not be liable for any loss or damage that you may suffer because of any act of God; power failure; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services or networks; or any other act, omission, delay or failure caused by a third party or otherwise outside of our control.
- The liability of MustardBet shall not, in any event, exceed the sum of the total monies paid by MustardBet to you over the 12 month period preceding the date on which any liability accrued.
- In no event shall we be responsible for any claim or dispute between you and any user of your Site.
- This Agreement shall commence (or commenced, in the case of existing affiliates) on the date that MustardBet notifies (or notified, in the case of existing affiliates) you that your application to join the MustardBet affiliates programme has been successful and shall continue until terminated in accordance with this clause 12.
- Either party may terminate this Agreement forthwith on written notice if a receiver, examiner or administrator is appointed of the whole or any part of the other party's assets or the other party is struck off the register of companies in the jurisdiction where it was incorporated or an order is made or a resolution passed for winding up of the other party (unless such order or resolution is part of a voluntary scheme for the reconstruction or amalgamation of that party as a solvent corporation and the resulting corporation, if a different legal person, undertakes to be bound by this Agreement), if you are subject to bankruptcy proceedings, or if you are subject to any similar process or procedure to those described in this clause 12.2 in any part of the world.
- MustardBet may immediately suspend or terminate this Agreement upon notice to you: (a) where you materially breach any term of this Agreement and fail to remedy the breach (if remediable) within the time period specified by MustardBet to remedy same; (b) in accordance with its rights set out in clauses 3.3, 3.8, or 7.4; or (c) where you are in breach of any warranty within this Agreement. MustardBet reserves the right to withhold any amounts due to you in such circumstances.
- MustardBet may suspend or terminate this Agreement at its discretion immediately upon notice if it considers that you are for any reason unsuitable to be an affiliate. MustardBet shall not be required to disclose its reasoning in connection with any such suspension or termination. Where MustardBet discloses its reasons for such suspension or termination, it may withhold and/or terminate any payments that otherwise may have been due to you.
- Either party may terminate this Agreement on delivery of seven (7) days' prior written notice to the other party.
- Termination of this Agreement shall not prejudice any rights of any party which may have arisen on or before the date of termination.
- Upon termination of this Agreement for any reason, you shall remove all of the Links, odds information and any other Marks or content owned, developed, licensed or created by MustardBet and/or provided to you by MustardBet in connection with this Agreement from your Site and all rights and licences granted to you in this Agreement shall immediately terminate.
- We shall be entitled to deduct from any payments due and payable to you, any such debts and liabilities due to MustardBet, if any.
- For the avoidance of doubt, you shall not be entitled to any revenue share in respect of revenues generated by Customers following the termination of this Agreement.
- This Agreement (including your application form) contains the entire agreement between the parties with respect to its subject matter and supersedes all previous agreements and understandings between the parties with respect to its subject matter.
- You shall not assign or subcontract any of your rights and/or obligations under this Agreement without MustardBet's prior written consent.
- No delay on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.
- If any provision of this Agreement is held to be void or unenforceable in whole or part, the relevant provision (or part thereof) shall be deemed to be deleted from this Agreement and the remaining provisions (including the remainder of the affected provision) shall continue to be valid and applicable.
- Any notice given or made under this Agreement to MustardBet shall be by email. MustardBet 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 MustardBet.
- During the term of this Agreement, you may be disclosed confidential information relating to the business, operations, or underlying technology of MustardBet and/or the MustardBet affiliate programme. You agree to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless you have MustardBet's prior written consent. You shall use such confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with regard to confidential information shall survive termination of this Agreement and you shall fully indemnify us for any losses we or any member of the Group suffers (directly or indirectly) in connection with your breach of this clause 13.6.
- MustardBet will treat any information shared by you shall be regarded as confidential and will not be shared or disclosed without prior written consent.
- This agreement shall survive any change of control, merger or take over and still be in force between you and the new entity that continues the business of MustardBet either under the same or different name. Any customers referred by you shall remain your referred customers in the event of change of control, merger or takeover.
- This Agreement shall be governed by and construed in accordance with the laws of the Isle of Man and each party submits to the exclusive jurisdiction of the courts of the Isle of Man for the resolution of disputes hereunder.
Affiliate Payment The Affiliate Payment will consist of:
- the “Sportsbook Payment”; and
- the “Casino Payment”
Any Net Winnings as part of either Sportsbook Payments or Casino Payments will be less of adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt, the cost of any promotional offers (including any sign up bonuses), payments to any casino content providers, payments to any sporting bodies (including any horse racing or football governing bodies or any similar body in any jurisdiction), and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise.
- the Sportsbook Payment means either the sum of:
The percentage of:
- total stakes from Customers’ sportsbook betting on any selection with a price of 2.00 or greater, plus
- total Potential Winnings from Customers’ sportsbook betting on any selection with a price of 1.99 or below
- “Net Revenue Share”
Percentage of the total Net Winnings from customers sportsbook
- Casino Payment will consist of either:
- “Net Revenue Share”
Percentage of the Net Winnings from Customers (stake received less winnings paid out) made from the Mustardbet casino product
An agreed cost per acquisition of a Casino Customer subject to any payment triggers as agreed
Combination of both Net Revenue Share and CPA
MustardBet will notify you of the Sportsbook Payment and the Casino Payment based on the figures within the Deal Sheet and any changes thereto from time to time.MustardBet has the right to reduce the Affiliate Payment, or to terminate this Agreement and remove such affiliates, who do not deliver at least one new Customer in a given calendar month. We will notify you by email where such a reduction or termination will occur. Accounts that are inactive for a longer period (e.g. where you have failed to deliver at least one new Customer in the last six months) may also incur an administrative fee but no such administrative fee will be deducted from your account prior to our having made reasonable efforts to contact you via the contact details last provided by you to MustardBet. The administrative fee will be applied against the payments (including future payments) that would otherwise be payable to you. If you have any queries regarding inactive accounts, please contact us for further information.