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Canbet.com Terms & Conditions

AFFILIATE PROGRAM TERMS AND CONDITIONS
(THE “AGREEMENT”)

By downloading a banner and placing it on the Affiliate’s website/s, or by linking to the Canbet.com or CommissionKing.com website, the Affiliate is deemed to have agreed to be bound by all the terms and conditions set out in this agreement.
IF THE AFFILIATE DOES NOT WISH TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE AFFILIATE SHOULD NOT DOWNLOAD BANNERS, TEXT LINKS, PROMOTIONAL COPY, OR ANY INFORMATION PERTAINING TO CANBET.COM.
Please do not enroll if your site is unsuitable, as Canbet.com will immediately terminate the Agreement. See Section 3 for a list of unsuitable sites.
This Agreement is made on the day the Affiliate agrees to the terms and conditions by ticking the box indicating the Affiliate’s acceptance
Between

Canbet Spotsbook Bookmakers UK Limited (Registered Number 0460 7216) of Level 10, 414 Chiswick High Road, London, W4 5TF, United Kingdom (“Canbet.com”)
And
Affiliate.
Recitals

Canbet.com provides services through the website http://www.Canbet.com.
The Affiliate agrees to provide a link from the Affiliate’s website to the Canbet.com Website on the terms and conditions of this Agreement.

1. Term

This Agreement will commence on the date the Affiliate agrees to have read the terms and conditions by ticking the “I have read the terms and conditions” box indicating the Affiliate’s acceptance and will continue until it is terminated in accordance with this Agreement.

2. Enrollment

To become a member of the Canbet.com affiliate program, CommissionKing.com, the Affiliate will need to accept these terms and conditions by ticking the “I have read the terms and conditions” box indicating acceptance and completing and submitting an online application form. The application form will form an integral part of this Agreement. Canbet.com will, at its sole discretion, determine whether or not to accept the Affiliate’s application and Canbet.com’s decision is final and not subject to any right of appeal. If the Affiliate’s application is rejected, the Affiliate may reapply at another time.
3. Suitability
Canbet.com does not allow for Affiliates to promote Canbet.com, but not limited to, on the following sites:

Websites targeted at minors, or any person under 21 years of age. For example online gamer sites, crackz sites etc.
Websites involved with beastiality, rape, underage, whether legal or illegal in the country of origin.
Websites that have no value e.g. link lists, no unique content, or pharma sites.

In general, Affiliates’ websites must be sports, racing or gambling related. Canbet.com reserves the right to close an Affiliate’s account if it deems it to be unsuitable and/or harmful to the Canbet.com brand.
4. Canbet.com’s Rights and Obligations

4.1 Register the Affiliate’s players

Canbet.com will register the Affiliate’s players and will track their play using the Tracker tags. Canbet.com reserves the right to refuse customers (or to close their accounts) if necessary to comply with any requirements Canbet.com may periodically establish.
4.2 Track players Play
Canbet.com will track players play and will provide the Affiliate with remote online access to reports of customer activity and the Advertising Revenue generated. Canbet.com does not warrant that these online reports will always be accurate and it takes no responsibility if the reports are not available for any reason.
4.3 Payment of Fees
Canbet.com will pay the Affiliate a share of the Revenue from players directed from the Affiliate’s site after they open an account with Canbet.com and based on their wagering activity. Canbet.com will pay the Affiliate the relevant CPA fee based upon the number of players delivered, should the Affiliate be eligible for the CPA program.

In the case of customers referred to Canbet.com which have had a line of credit extended to them, Canbet.com shall only pay the Affiliate a share of the Revenue earned from such client in cases where the customer has settled the line of credit in full compliance with the customer’s settlement terms with Canbet.com. In cases where the customer defaults on such credit facility, or does not fully comply with such settlement terms in any way, the Affiliate shall not be eligible to receive any payments whatsoever in consideration for the referral of that customer.

Canbet.com will only offer a CPA deal in special instances after an individual review of the affiliate’s traffic has been conducted. Affiliates who choose, and are granted, a CPA commission structure will receive no commissions for Duplicate Players and Abusive players. Canbet.com retains the right to change an affiliate partner’s CPA payment plan to revenue share payment plan at any time.
Canbet.com reserves the right to not pay the CPA payment in cases where Canbet.com notices that the method is being abused, or where affiliates reward players a portion of the CPA amount in order to get them to sign up with the Canbet.com.
4.4 Revenue structure
Once the affiliate has chosen the revenue structures it wishes to work on, he cannot move from one revenue structure to another.
4.5 Modification
Canbet.com may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. The affiliate shall be responsible for checking these terms and conditions regularly for any changes hereto. Modifications may include, for example, changes in the scope of available Advertising Revenue, fee schedules, and affiliation Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILAITE, THE AFFILIATE’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING CANBET.COM’S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON CANBET.COM’S SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
5. The Affiliate’s Rights and Obligations

5.1 Linking to Canbet.com

The Affiliate agrees:

to set up, maintain, actively publicise and promote, without charge to Canbet.com or Canbet.com customers, the availability of a connection to its website to allow users of the Affiliate’s website to have a direct link to the Canbet.com Website (the “Link”);
To place the Link in a prominent position on the Affiliate’s website;
To promptly delete or update any content that is no longer valid or if Canbet.com notifies the Affiliate that such content is no longer available, value or for use;
That it will not directly or indirectly offer any person any consideration or incentive for using the link to access the Canbet.com Website;
That it will not modify, redirect, suppress or substitute the operation of any button, link, or other interactive feature of the graphics or artwork that Canbet.com supplies to it, or provides access to;
That it will not take any action that could reasonably cause any customer confusion as to Canbet.com’s relationship with the Affiliate, or as to the website on which any functions are occurring;
That under no circumstances will use or attempt to use any domain names to promote Canbet.com which are or could be confusingly similar to the domain names registered by Canbet.com. For purposes of clarification and not limitation, Affiliates may not use domain names which are identical or sound, appear or differ slightly from any of the Canbet.com domain names. Affiliate’s breach of this Section, as determined by Canbet.com, shall constitute grounds for immediate termination of this Agreement without notice to the Affiliate and forfeiture of any commission owed, in addition to any other rights or remedies available to Canbet.com under this Agreement or at law.
That it will not seek to rank, purchase or register any keywords, search terms or other identifiers that include the word “Canbet.com” or any variations of the word “Canbet”;
That Canbet.com is entitled to monitor its website to ensure the quality and reliability of the Link and agrees that it will not take any steps to block or otherwise interfere with this monitoring process; and
That all customers introduced to Canbet.com from the Affiliate’s website are customers of Canbet.com. Accordingly, all relevant Canbet.com rules, policies, terms and conditions will apply to those customers.

5.2 SPAM
No Affiliate may participate in or be involved, either directly or indirectly, in the planning, generation, processing or dissemination of SPAM (unsolicited emails). Any form of SPAM will result in the commencement of a review of the Affiliate’s conduct within the Program as well as the withholding of any commissions pending the outcome of the investigation. Should Canbet.com incur damages, costs or expenses as a result of the Affiliate’s conduct, Canbet.com shall have the right to offset such Damages against commissions which are owed to the Affiliate.

5.3 Agency Appointment
By this Agreement, Canbet.com grants the Affiliate the non-exclusive right to direct customers to its site and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant the Affiliate an exclusive right or privilege to assist Canbet.com in the provision of services arising from the Affiliate’s referrals, and Canbet.com obviously intends to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as the Affiliate’s. The Affiliate shall have no claims to Advertising Revenue or other compensation on business secured by or through persons or entities other than by the Affiliate directly.
5.4 Approved Layouts
Without our prior written approval, the Affiliate will only use Canbet.com’s approved banners and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by Canbet.com and constitute the only authorized and permitted representation of Canbet.com’s site. The Affiliate may only use banners from Canbet.com CommissionKing banner archive.
5.5 Good Faith
The Affiliate will not benefit from known or suspected traffic not generated in good faith whether or not it actually causes Canbet.com damage. Canbet.com reserves the right to retain all amounts due to the Affiliate under this Agreement if Canbet.com have reasonable cause to believe that such traffic has been caused with the Affiliate’s knowledge. Even if the Affiliate has not knowingly generated such traffic, Canbet.com reserves the right to withhold Advertising Revenue with respect to such traffic.

5.6 Responsibility for The Affiliate’s Site

The Affiliate will remain solely responsible for the development, operation and maintenance of the Affiliate’s own website and for all materials that appear on it.
The Affiliate will be solely responsible for ensuring that materials posted on the Affiliate’s site are not libelous or otherwise illegal. Canbet.com disclaims all liability for these matters. Further, the Affiliate will indemnify and hold Canbet.com harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of the Affiliate’s site.

5.7 Single Account
The Affiliate agrees to operate a single Canbet.com CommissionKing Partner Account. If Canbet.com should discover, using information it deems appropriate in the circumstances, that the Affiliate is operating more than one Partner Account, this Agreement shall terminate and the Affiliate will forfeit all right to commissions and the referral revenue generated. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the Canbet.com CommissionKing Partner program, MUST be reported by the Affiliate and cleared by the Canbet.com CommissionKing team beforehand, and failure to do so may result in the termination of the Affiliate’s Partner Account. The Affiliate will also forfeit all rights to commissions and referral bonuses.
5.8 Provision of Prices (Odds)
The Affiliate agrees not to source, display, transmit, or provide access in any way or form, to any Canbet prices / odds without prior written approval. Canbet will only provide such approval to registered & approved Canbet Affiliates. Canbet Affiliates are able to apply for approval to source, display, transmit or provide access to the Canbet SuperPrice Racing Odds and Fixed Price Sport Odds. If such approval is granted, affiliates will only be able to source these prices through the use of the XML feed provided by IASbet.com. Under no circumstances will Canbet provide approval for the display of any Canbet Australian & Asian Racing Fixed Odds.
 
6. Consideration

6.1 Commission

In consideration for playing the Link on the Affiliate’s website; engaging in promotional activities; and for actively referring customer to the Canbet.com Website in accordance with this Agreement, Canbet.com will pay the Affiliate the commission on the terms set out.
Canbet.com may vary the commission from time to time on providing written notice (e-mail) to the Affiliate. The Affiliate represents, covenants, and warrants to Canbet.com that it will make all disclosures required by law in relation to the receipt of commissions on its website, and otherwise comply with all laws relating to the receipt of commissions.
Every calendar month, all profit share figures are set to zero which means that any negative profit is not carried into the following calendar month.
If you do not deliver 1 new active account within a period of three months (billed months) we may terminate this Agreement immediately by delivery of written notice to you.
The Affiliate will be entitled to earn Commission for each Customer for the Term of this Agreement in accordance with the commission rates specified at http://www.commissionking.com.

6.2 Fees

Charge backs and Fraud costs are defined as credit card transactions that are reversed or dishonored or cancelled, as a result of the credit card having being used in a fraudulent manner or a dispute by the card holder which results in the transactions being reversed. Other payment or deposit reversals that arise out of non-credit card methods of purchase are included in this definition of charge-back and Fraud. All charged back amounts and costs associated and resulting from such charge backs and Fraud will be deducted from the Affiliate’s payment or the reserved funds that become owing to the Affiliate.
If any goods and services tax (“GST”) is payable on any taxable supply made under this agreement to a party (“Recipient”) by the party making the supply (“Supplier”), the Recipient must pay to the Supplier the amount of the GST, subject to receipt of a valid tax invoice (or other things required for the Recipient to obtain an input tax credit or other like offset) for the supply. Nothing in the clause requires the Recipient to pay any penalty tax, fines, interest or other amounts payable by the Supplier on account of a tax default of the Supplier.

6.3 Payment

Canbet.com will convert all figures and amounts to be paid into US dollars at a monthly average exchange rate based on the Financial Times Pound Forward calculation.
The Affiliate is entitled to one payment each month only.
Canbet.com calculates the commission payments at the end of each month and makes the payments the following month. Payments are made by wire transfer or direct payment to an online account designated by the Affiliate.
It is the Affiliate’s responsibility to ensure that payment details are accurate and submitted in full in CommissionKing. Should the payment details recorded in CommissionKing be incorrect, Canbet.com will not be held responsible for any incorrect payments resulting from these payment details.
Fees charged by the Affiliate’s bank or online account shall be the sole responsibility of the Affiliate.
The minimum payment amount that Canbet.com shall send to an Affiliate each month is one hundred dollars ($100). Should the Affiliate receive earn less than the minimum payment amount in a calendar month, unpaid commissions shall be carried forward and added to the next month’s payment.

6.4 Commission when player is affiliate

The Affiliate will not open or use its own account with Canbet.com for the purpose of or with a view to generating revenue pursuant to this Agreement.
Canbet.com reserves the right not to pay an affiliate partner commission for their personal losses at Canbet.com.
This Marketing opportunity is for commercial use only, and the Affiliate, the Affiliate’s family members, friends, associates may not make Deposits, directly or indirectly, through the Affiliate’s Tracker for the Affiliate’s own personal use or to fraudulently increase the Advertising Revenue payables to the Affiliate.
Transactions made in violation of this provision will be deemed Fraudulent Traffic and Canbet.com will deduct such Deposits or traffic from the Affiliate’s Advertising Revenue.

7. Intellectual Property

Each party owns and shall retain the right, title and interest in its trade names, logos, trade marks, service marks, copyright and proprietary technology, including without limitation, those trade names, logos, trade marks, service marks, copyright and proprietary technology currently used or which may be developed and/or used by it in the future, including in all materials on its own website.
Canbet.com grants the Affiliate a non-exclusive, limited, revocable license to use the name and logo of Canbet.com (“Trade Marks”) solely for the purpose of creating and operating the Link.
The Affiliate will properly and accurately display Canbet.com’s Trade Marks in connection with any display and description of the Link. Subject to the limited use rights granted to the Affiliate in respect of any Trade Marks of Canbet.com under this Agreement, all powers that would be conferred on authorized users under section 26 of the Trade Marks Act 1966 (Cth) are expressly excluded.
The Affiliate must not modify the Trade Marks in any way without Canbet.com’s consent.
The Affiliate must immediately comply with any direction from Canbet.com regarding the use of the Trade Marks, including any direction to change the appearance, location or size of the Trade Marks.
Nothing in this Agreement shall be deemed or implied to constitute a sale or assignment of any Trade Marks or create any other rights to or in the TMS except as specifically set out in this clause.

8. Confidentiality

Any information provided by either party shall remain the property of the disclosing party and shall be kept confidential by the recipient.
Subject to clause 8(b), that information can only be used by the receiving party for the purposes of this Agreement and cannot be disclosed to any third party without the written permission of the disclosing party.
The obligations of confidence contained in clause 8(a) will not apply to any information which:

is publicly known or becomes publicly known other than by breach of this Agreement or any other obligation of confidentiality;
is disclosed to the other party without restriction by a third party and without any breach of confidentiality by the third party;
is developed independently by the other party without reliance on any of the discloser’s confidential information; or
is required to be disclosed by law or any regulatory authority, including any stock exchange on which a party is listed.

Canbet.com retains absolute ownership of all information required to enable it to offer betting services, including all information relating to its customers.

9. Indemnity

The Affiliate will indemnify and hold harmless Canbet.com and its officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability (including any fines and penalties) reasonably incurred or suffered by all or any such persons arising from any claims relating to the development, operation, maintenance and contents of the Affiliate’s website or arising from the Affiliate’s breach of this Agreement.

10. Relationship of Parties

The Affiliate and Canbet.com are independent contractors, and nothing 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 Canbet.com behalf. The Affiliate will not make any statement, whether on the Affiliate’s site or otherwise, that reasonably would contradict anything in this paragraph.

11. Exclusion of Liability

This Affiliate Agreement in no way implies an endorsement by Canbet.com of the Affiliate’s products or services. The Affiliate may have rights under the Trade Practices Act and other legislation that cannot be excluded by agreement. Except to the extent that liability may not be lawfully excluded, Canbet.com excludes all statements, conditions or warranties express or implied, statutory or otherwise in relation to operation or use of the Link, including any warranty that the Link will be functional or error-free. Subject to this clause 10, in no event will Canbet.com be liable to the Affiliate or any other party for any loss of interest, revenue, profit or data or for any consequential, indirect, incidental, special, punitive or exemplary damages suffered by the Affiliate or any other party arising from or in connection with the Affiliate or any other party’s use of the Link, even if Canbet.com have been advised of the possibility of such loss or damage and whether any claim arises under contract, in tort (including negligence), under statute or otherwise at all. To the extent that Canbet.com’s liability may not be lawfully excluded, Canbet.com’s liability shall be limited to either the payment of the cost of supplying the services again or the supply of the services again.

12. Independent Investigation

THE AFFILIATE ACKNOWLEDGES THAT THE AFFILIATE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. THE AFFILIATE UNDERSTANDS THAT CANBET.COM MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH THE AFFILIATE’S WEB SITE. THE AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATION PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

13. Termination

This Agreement can be terminated by either party at any time for any reason by giving written notice to the other party. For purposes of notification of termination, e-mail is considered a written and immediate form of notification.
If the Affiliate commits a material breach of this Agreement, Canbet.com may give the Affiliate notice in writing that it has committed a material breach of this Agreement and if that breach is not remedied within 5 days after receipt of that notice of termination, Canbet.com may immediately terminate this Agreement.

Upon termination, the rights of use granted to the Affiliate in respect of the intellectual property will immediately terminate.
On termination of this Agreement for any reason, the Affiliate must: cease to use all links to the Canbet.com Website, trade marks, trade names, service marks, logos and all other material that has relevance to Canbet.com; return or destroy all of Canbet.com’s confidential information (including any customer information); immediately remove the Link from the Affiliate’s website and permanently delete any file or software provided by Canbet.com or otherwise containing Canbet.com’s logo; and if required by Canbet.com, to provide proof to Canbet.com’s satisfaction (acting reasonably) that the Affiliate has complied with the requirements of this clause.
The Affiliate is entitled to receive payment for any revenue received prior to termination. If there is an outstanding balance, Canbet.com will issue a payment for those funds, allowing for the usual turnaround period.
The Affiliate is not entitled to receive payment for any revenue received after termination of the Agreement.
Should Canbet.com continue to permit play from customers referred by the Affiliate after termination, this will not constitute a continuation or renewal of the Agreement or a waiver of termination.

14. General

The Affiliate may not transfer its rights nor delegate its obligations under this Agreement. This Agreement is governed by the laws of Victoria, Australia and each party irrevocably submits to the exclusive jurisdiction of the Courts of that State.

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