Open Vantage Ltd Affiliate Programme Terms and Conditions
This applies to an individual's or entity's participation in the Open Vantage Ltd Affiliate Programme (the "Programme"). For the purposes of this Agreement, "we" means Open Vantage Ltd, and "you" means the applicant. "Service" means the betNOW sports book service provided in the UK only on mobile phone short message service (SMS) shortcode 89000. "Site" is the site and refers to betNOW's site; www.betnow.co.uk. Links to our site and/or service placed on your site pursuant to this Agreement and which properly utilise our proscribed URL link or SMS message format are referred to as "Links." You expressly agree to be bound by the terms and conditions of this Agreement by creating a link from your site to our Service.
1. Signing Up
To sign up with the Programme, you will submit an application to us. We will evaluate your application in good faith. We may reject your application if we determine, in our sole discretion, that you or your site is unsuitable for the Programme. If we determine, in our sole discretion, that you or your site is unsuitable for the Programme at any time, we will terminate this Agreement without notice. Unacceptable Sites are include those that violate our intellectual property rights in any way, promote any form of discrimination or violence or reference "betNOW" in their domain names or in any way try to pass-off as being part of Open Vantage Ltd or betNOW.
2. Betting Services
We will provide the Service to customers who follow Links from your site to our site or who text our Service with an eligible Bonus Code. We will specifically reject potential customers under 18 years of age or those who are not UK residents. We also reserve the right to reject customers who do not comply with any requirements that we establish. We will be responsible for all aspects of the Service. We track customers who access the Service by using Links from your site to our site or who text us a Bonus Code and we will make available to you reports summarising this activity. The form, content, and frequency of the reports may vary from time to time. Customers who access our Site and use our Service through this Programme will be deemed to be customers of betNOW.co.uk and our terms, conditions and betting rules apply to those customers. We may change our policies and operating procedures at any time.
3. Links & Text instructions
The following types of Links are available to the Service (We can provide graphical artwork and guidelines to use in linking to our home page):
- An SMS message to 89000. You may provide customers instructions to SMS our UK only shortcode with your unique Bonus Code issued to you by us.
- A Link to our home page at https://www.betNOW.co.uk or bonus page at https://www.betNOW.co.uk/bonus.
It is your responsibility to ensure that you use these Link formats correctly to enable accurate tracking and accurate calculation of fees. Your fees are only calculated based on Service activity occurring directly through these Links; we will not be liable with respect to any failure by you to use these Links correctly.
4. Affiliate Commissions
We will pay you Affiliate Commissions derived from the Betting Services. For a customer's use of the Betting Service to be eligible to earn an Affiliate Commission, the customer must either follow a Link from your site to our site or text our Service with a Bonus Code issued to you and bet using our Service with no subsequent charge-backs. We will not pay Affiliate Commissions on existing Customers who had previously used our Service beforehand. The following types of behaviour will result in immediate termination of this Agreement and may result in Affiliate Commissions being withheld:
- You may not access our Service for your own use or for any form of resale.
- You may not engage in any form of spamming or any anti-social form of communication in relation to our Service.
- You may not pay or offer anyone any incentive for texting our Service or using Links on your site to access our site.
- You may not take any action that could reasonably cause any customer confusion as to our relationship with you.
- You may not frame or serve content around the display of betNOW.co.uk.
- You may not make any obligation or make any warranties on our behalf.
- You may not knowingly promote our service to anyone under the age of 18 years, anyone vulnerable or anyone who is not a resident of the United Kingdom.
Affiliate Commissions will be calculated per calendar month. Negative Commissions roll-over into the next calendar month and get deducted from that month. At the end of each calendar month we will notify your Commission subject to it being greater than the agreed minimum monthly payment, if not we hold payment until the total amount due is greater than or equal to the minimum monthly payment. If we believe that there is fraud involved we reserve the right to charge you for any Negative Commissions. Affiliate Commissions that are not collected within one year of them being earned will be lost.
5. Identifying Yourself
You may not represent the relationship between us and you, or express or imply any relationship or affiliation between us and you except as expressly permitted by this Agreement. You may not release any press release relating to this agreement without our prior agreement by email.
6. Limited License
We grant you a non-exclusive, revocable right to use any marketing collateral issued to you solely to assist in generating sales. You may not modify this collateral in any way. We reserve all of our right to this collateral and all other intellectual property rights. We may revoke your license at any time.
7. Your Site
You are solely responsible for the development, operation, and maintenance of your site and for all materials that appear thereon. You will indemnify us from all claims, damages, and expenses without limitation relating to the operation and content of your site.
8. Limitation of Liability
We will not be liable for any damages or losses of revenue or data arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such damages. Further, our total aggregate liability arising with respect to this Agreement will not exceed the total Affiliate Commissions paid or payable to you under this Agreement.
9. Updates To and Term of the Agreement
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice of a new agreement on our site. If such modifications are unacceptable to you, you may terminate this agreement otherwise you are deemed to have accepted the changes and thereby such change will constitute your binding acceptance. The term of this Agreement will begin upon you receipt of our emailed acceptance of your Programme application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice by email to partners@betnow.co.uk. Upon the termination of this Agreement for whatever reason, you will immediately remove all links to our site, and all other betNOW materials in connection with this Programme. Upon terminate you are no longer eligible to earn Affiliate Commissions and we reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid/invoiced.
10. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
11. Disclaimers
We make no express or implied warranties or representations with respect to the Programme or any Betting Services offered through the Programme. In addition, we make no representation that the operation of our site or service will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
12. Your Acknowledgement
You acknowledge that you have read this agreement and agree to all its terms and conditions. you understand that we may seek customer referrals on different terms from those contained in this agreement or operate services that are similar to your web site. You acknowledge it is entirely your responsibility to evaluated the desirability of participating in this Programme.
13. Applicable Law
This agreement shall be governed by English law and the Parties irrevocably submit to the exclusive jurisdiction of English courts.
