TopBetta Affiliate Program

UPDATED: 26 June 2017

By downloading a banner and placing it on the Affiliate’s website/s, or by linking to the TopBetta.com or TopBettaAffiliates.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 TopBetta.com.

TopBetta Affiliate Commission Plan

  • Our standard affiliate arrangement is 25% of Net revenue.
  • Net revenue is Total Revenue less Taxes and Fees. Taxes and Fees include racing and sports bodies regulatory fees, NT Racing Commission fees and any other fees and taxes that are imposed on TopBetta to be able conduct the racing and sports tournaments and Live betting service.
  • All revenue splits are the total revenue collected after the relevant taxes have been deducted.
  • All payments to Affiliate partners will be paid on the 15th of the month for the previous month’s commissions.
  • Minimum payment shall be set at $100.

Terms and Conditions

  1. Enrolment

    To enrol please read this Agreement and then submit a complete TopBetta Affiliate Account application to us via our TopBetta Affiliate Web site. We will evaluate your application and notify you whether your application was accepted.

  2. Suitability

    Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

  3. TopBetta Member Agreement

    1. During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by TopBetta on your site (the "TopBetta Partner site") as a hyperlink to direct Visitors from the TopBetta Partner Site to the TopBetta Sites, using distinct URLs supplied by TopBetta exclusively for linking (the "Supplied Banners").
    2. The TopBetta banners shall be displayed at least as prominently as any other sales link on the TopBetta Affiliate site, and if the TopBetta Affiliate displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the TopBetta Affiliate site, the TopBetta Affiliate shall, subject to TopBetta prior written approval of the content thereof, include similar descriptive information regarding the TopBetta Site(s).
    3. The relationship specified in this Agreement is non-exclusive for both parties; therefore, the TopBetta Affiliate shall be entitled to display the banners of, and provide links to, sites of other companies through the TopBetta Affiliate site, and TopBetta shall be entitled to make the TopBetta banners available through online and other services than the TopBetta Affiliate site.
    4. During the Term of this Agreement, Affiliates participating in commissions payments in respect of all legitimate transactions that your referred Customers undertake on their accounts, subject to Affiliate referring no less than 4 New Depositing Customers to TopBetta (in each 3 month rolling period) under the Program who place a bet with TopBetta within 90 days of their registration. Where Affiliate fails to refer Customers to TopBetta in accordance with this requirement, TopBetta may:
      1. reduce the commission rate payable to Affiliate to 5% Sportsbook AND 5% Tournament (Rake) Revenue Share;
      2. refuse to pay commissions to Affiliate for the applicable month(s); and/or
      3. close Affiliate’s account and terminate this Agreement.
  4. Delivery And Display Of Banners, Copy, And Promotional Material
    1. As a TopBetta Affiliate, you will have access through TopBetta site to a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individual, as a "Link".)
    2. TopBetta hereby grants to the TopBetta Affiliate the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly);
    3. TopBetta’s banners, name, site name, and other related textual and graphic material are made available by TopBetta to the TopBetta Affiliate, for the express purpose of inclusion on the TopBetta site from time to time (collectively, the "TopBetta Material") and for the specific purposes authorized above. TopBetta authorize the TopBetta Affiliate to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the TopBetta Affiliate.
    4. TopBetta also authorizes the TopBetta Affiliate to refer, in the TopBetta Affiliate's advertising and promotions, to the fact that the TopBetta sites are accessible through the TopBetta Affiliate site, provided that any such statement:
      1. does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of TopBetta other than the TopBetta Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of the TopBetta mark);
      2. does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that TopBetta sponsors, authorizes, and/or is the source or origin of the TopBetta Affiliate site; and
      3. does not disparage TopBetta, its products, services, or TopBetta Affiliates. All use of TopBetta Materials hereunder shall inure to the benefit of TopBetta and shall not create any rights, title or interest in them for TopBetta Affiliate. No other use of TopBetta’s names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by TopBetta Affiliate for any purpose without the prior written approval of TopBetta.
    5. As between TopBetta and TopBetta Affiliates, TopBetta owns, and shall continue to own exclusively, all right, title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the TopBetta Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.
    6. Additionally, once a promotion has expired TopBetta reserves the right to replace any promotional creative (eg. banner, java script, text link or newsletter) with a generic TopBetta creative that has the dimensions and size as the current promotional banner. It is then up to the TopBetta Affiliate to change the creative should they so desire.
  5. Maintaining The Links

    You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and TopBetta Site(s). The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the TopBetta Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made.

  6. Cookies

    TopBetta has a 30 day expiring cookie whereby a cookie expires if a visitor has not registered a customer account within this time. For example, a potential customer clicks through TopBetta Affiliate A but does not register a customer account. On another occasion the same person then clicks on TopBetta Affiliate B's link and registers a customer account at TopBetta. In this case TopBetta Affiliate B will get the credit for the registration. This makes cookies fairer for all involved.

  7. Communication To TopBetta Partners

    By signing up to TopBetta you agree to receive a variety of material from TopBetta. If you choose to opt out of our communications TopBetta will not be responsible for any damages that may occur from TopBetta Affiliates opting out of our communications.

  8. 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 TopBetta incur damages, costs or expenses as a result of the Affiliate’s conduct, TopBetta shall have the right to offset such Damages against commissions which are owed to the Affiliate. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.

  9. Good Faith

    You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes the TopBetta harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to TopBetta’s site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge.

  10. Responsibility for The Affiliate’s Site
    1. 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.
    2. The Affiliate will be solely responsible for ensuring that materials posted on the Affiliate’s site are not libellous or otherwise illegal. TopBetta disclaims all liability for these matters. Further, the Affiliate will indemnify and hold TopBetta 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.
  11. Commission
    1. You shall be entitled to a commission as outlined in the TopBetta terms and conditions.
    2. TopBetta Affiliates does not process your payments for commissions this is the responsibility of the merchant. In consideration for playing the Link on the Affiliate’s website; engaging in promotional activities; and for actively referring customer to the TopBetta Website in accordance with this Agreement, TopBetta will pay the Affiliate the commission on the terms set out.
    3. TopBetta may vary the commission from time to time on providing written notice (e-mail) to the Affiliate. The Affiliate represents, covenants, and warrants to TopBetta 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.
    4. 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 TopBettaAffiliates.com.
  12. TopBetta Affiliate Reward Programs
    1. To participate, you must be an active TopBetta Affiliate in good standing with TopBetta. TopBetta Affiliates participating in any reward program agree to be bound by the decisions of TopBetta, which will be final and binding in all respects. All interpretations of the Rules and decisions by TopBetta are final. Additionally, the terms and conditions set in this document apply to all current and future agreements made between a TopBetta Affiliate and TopBetta.
    2. TopBetta reserves the right to terminate any and all TopBetta Affiliate Rewards programs for any reason, including, but not limited to, if for any reason the Rewards Program is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Rewards Program is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond TopBetta 's control. TopBetta reserves the right to cancel, terminate, modify or withdraw the Reward Program without prior notice and without liability to the TopBetta Affiliate.
    3. All taxes, fees, and surcharges, if any, on Rewards are the sole responsibility of the prize winner. Acceptance of a prize constitutes permission for TopBetta and its advertising and promotional agencies to use the recipients name, photograph and/or likeness for advertising and promoting and publicizing the services of TopBetta in any medium without compensation, unless otherwise prohibited by law.
    4. TopBetta Affiliates release and hold harmless TopBetta and their respective TopBetta Affiliates, subsidiaries, directors, officers, agents, employees, and all others associated with the development and execution of the Reward program from any and all liability with respect to or in any way arising from the Reward program and the awarding, use or misuse of the prize, including liability for personal injury or damage to property including any injury or damage to TopBetta Affiliate’s or any other person's computer.
  13. Confidential Information
    1. As used herein, "Confidential Information" shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:
      1. may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; of
      2. may receive hereunder from the other.
    2. Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:
      1. use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;
      2. accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and
      3. restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.
    3. The foregoing restrictions shall not apply to information that:
      1. is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;
      2. the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;
      3. is received from a third party without restriction and without breach of this Agreement;
      4. was independently developed by the recipient as evidenced by its records; and
      5. the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement.
  14. Liability
    1. The TopBetta Affiliate acknowledges that TopBetta does not advocate or endorse the purchase or the use of any services offered by TopBetta through TopBetta’s sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. TopBetta represents and warrants that:
      1. TopBetta has the right to enter into this Agreement and to grant the rights and licenses granted herein; and
      2. TopBetta’s software, and the reproduction, distribution, transmission, public performance and public display of TopBetta’s Material in connection with the TopBetta Affiliate site, do not:
        1. invade the right of privacy or publicity of any third person; or
        2. contain any libellous, obscene, indecent or otherwise unlawful material.
    2. The TopBetta Affiliate represents and warrants that:
      1. the TopBetta Affiliate has the right to enter into this Agreement;
      2. the TopBetta Affiliate site does not, and the reproduction, distribution, transmission, public performance and public display of the TopBetta Affiliate Materials as permitted herein, do not:
        1. invade the right of privacy or publicity of any third person,
        2. contain any libellous, obscene, indecent or otherwise unlawful material, or
        3. infringe any patent, copyright or trademark right in any jurisdiction; and
        4. the TopBetta Affiliate has received no notice of such invasion, violation or infringement of rights.

The Affiliate's Rights and Obligations

Promotion and Link to Sites

  1. By joining the TopBetta Affiliate Program the Affiliate agrees to market, promote and refer potential Customers to the Sites, by creating and maintaining a unique link from its site to the Sites and by disseminating Promotional Emails received from the Operator.
  2. This link may be established with one or more of the Operator’s Banners and Text Links. The Affiliate will be solely liable for the content and manner of its marketing and promotional activities. All such activities must be conducted at all times in a professional and lawful manner and compliant with all legislation, regulations and codes of practice (including without limitation relevant advertising codes of practice) within the jurisdiction the Affiliate is operating from and also the various jurisdictions of the Customers and any related gambling legislation including but not limited to the Interactive Gambling Act of Australia (IGA).
  3. The Affiliate shall ensure that all marketing, advertising and promotions targeted at potential Customers in Australia or otherwise subject to regulation by the NT Gambling Commission shall include the wording set out below:
    • “www.gamblinghelponline.org.au”;
    • “18 + only”; and
    • “Terms and Conditions apply”

Approved Marketing and Layouts

  1. The Affiliate will promote the Sites solely by way of Approved Marketing and will not alter the appearance, design and content of the Operator’s approved Banners and Text Links and Promotional Mails unless it obtains the Operator’s prior written authorisation. At the Affiliate’s request, the Operator will provide the Affiliate with a code that will enable it to post in its sites rotating banners from the Operator’s banner farm. For the avoidance of doubt no marketing other than Approved Marketing shall be permissible and Banners and Text Links used by the Affiliate pursuant to this Agreement shall direct traffic only to the Operator’s Sites.
  2. The Affiliate agrees and acknowledges that the appearance and content of the Operator’s Banners and Text Links and Promotional Mails constitute the only authorised and permitted representation of the Sites.

Age Limitation

  1. Participation as an Affiliate in the TopBetta Affiliate Program is only permitted if the proposed Affiliate is of the legal age for lawful gambling determined by any applicable laws in the proposed Affiliate’s jurisdiction. In any event and under any circumstances, participation in the TopBetta Affiliate Program shall not be permitted if the proposed Affiliate is under 18 years of age.
  2. The Operator reserves the right to obtain from the Affiliate appropriate identification that will provide evidence of its age and its account may be suspended until satisfactory proof of age is provided to the Operator.
  3. The Affiliate will not by itself, nor will it allow, assist or encourage others to, market and promote the TopBetta Affiliate Program or any of the Sites, directly or indirectly, to persons that are less than 18 years of age or such higher age as may apply as the legal age for gambling in the jurisdiction that it is targeting or operating within, or develop or implement marketing and promotion strategies in respect thereof.

Legality of Use

  1. The Affiliate accepts sole responsibility for determining whether its participation in the TopBetta Affiliate Program is legal under any laws that apply to it. The Affiliate understands that the Operator does not provide it with any legal recommendation or assurance regarding such legality. The Affiliate should obtain independent legal advice in the applicable jurisdiction from which it is operating and/or to which it is marketing, if it has any doubts about the legality of its participation in the TopBetta Affiliate Program or the receipt of any payments from the Operator, under any applicable laws.

No Fraud

  1. The Affiliate will not engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act or traffic that involves Fraud. The Affiliate will act at all times to refrain from, immediately stop and not allow any act or traffic that involves Fraud or that it believes or should reasonably believe to potentially involve Fraud, or any act or traffic that the Operator informs the Affiliate is suspected by it, at its discretion, to involve or potentially involve Fraud.
  2. In the event that the Operator suspects Fraud it reserves the right to place restrictions on the Affiliate’s account including but not limited to suspending the Affiliate’s account and retaining all sums within the account as well as commencing a full investigation. The Affiliate hereby gives the Operator its authorisation to inform the appropriate authorities or third parties of such an incident and only once the Operator is satisfied that the matter is resolved shall it remove any restrictions on the Affiliate’s account.

No Rake-Backs

  1. The Operator does not allow any form of rake-backs in the TopBetta Affiliate Program. The Affiliate will not offer any rake-back or so-called rake-back schemes whatsoever, or any similar schemes that offer or allow a portion of the Customer’s rake to be returned to the Customer in any form. The Affiliate will also not advertise or be engaged with any site that offers rake-backs. The Operator reserves the right to withhold any amounts due to the Affiliate if it believes the Affiliate was involved in any rake-back activity.

Sole Responsibility for the Affiliate’s Site

  1. The Affiliate will be solely responsible for the operation and content of its site, including for ensuring that materials posted on its site are not: (i) libellous, obscene, sexually explicit, violent or otherwise illegal; (ii) actually or potentially infringing any rights of the Operator and/or any other third party; or otherwise (iii) deemed, at the Operator’s sole discretion, unsuitable and so notified by the Operator. The Affiliate will remove such content immediately upon the Operator notifying the Affiliate that any content is in breach of the above provisions. The Affiliate will be solely responsible for ensuring that all the content of its site is original or otherwise is permitted to be published by the owner thereof and it shall obtain all licences to use any material not produced by it.
  2. The Affiliate will not make any claims, representations or warranties in connection with the Operator or any of the Sites, and it will not be authorised to make any commitment or assume any liability or obligation on the Operator’s behalf or on behalf of any of the Sites.
  3. The Affiliate agrees to ensure that its activities and its site will comply with all legislation, regulations and codes of practice in the jurisdiction that it is operating from and any other jurisdiction that a Customer or the Operator operate within.
  4. In the event that the Affiliate is found to be in breach of any legislation it agrees to indemnify the Operator for any costs relating to any legal proceedings, actions, disputes, damages and penalties.

Confidentiality

  1. During the Affiliate’s participation in the TopBetta Affiliate Program, the Operator may disclose to the Affiliate or the Affiliate might otherwise obtain certain information which is either marked as or by its nature is confidential and proprietary to the Operator (herein referred to as “Confidential Information“).
  2. The Affiliate shall keep all such Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of this Agreement.
  3. Confidential Information shall not include any information that is generally known or available to the public, or information required to be disclosed by applicable law or any legal agency having jurisdiction over the Affiliate (in which case the Affiliate will give the Operator immediate notice of such requirement).

Other Restrictions

  1. In addition and without derogating from any of the above, the Affiliate will not at any time by itself, nor will the Affiliate allow, assist or encourage others to, do any of the following:
    • Use or cause Spamming.
    • Do any act or omission that disparages the Operator or any of the Sites or that otherwise is damaging or is reasonably expected to be damaging to the Operator’s goodwill or to the goodwill of any Site or the Operator’s reputation.
    • In any way alter, affect or interfere with the operation or accessibility of the Sites or any page thereof.
    • Do any act which causes the Affiliate’s site or any other site to copy or resemble the look and feel of any of the Sites or attempt to pass as any of the Sites or create the impression that any such sites are the Sites or otherwise confuse potential Customers in connection therewith.
    • Communicate, engage or become involved with any of the Sites, in any way, without the Operator’s prior written consent.
    • Alter, redirect or in any way interfere with the operation or accessibility of the Sites or any page thereof.
    • Intercept or redirect (including via user-installed software) traffic from or on any online website or other place that participates in the TopBetta Affiliate Program.
    • Use any trade mark, business name or other intellectual property without the prior written approval from the relevant owner of the intellectual property right.
    • Do any activity that in the Operator’s reasonable opinion would be deemed unsuitable, Fraudulent, erroneous, misrepresentative or inappropriate.
  2. In the event that the Affiliate is found to be in breach of the above, the Operator reserves the right to suspend the Affiliate’s account and will hold payment of all monies due to the Affiliate until it is satisfied that the matter is resolved and that the Affiliate is no longer in breach of any of the above. If the Operator cannot satisfy itself within a reasonable time that the matter has been resolved, it reserves the right to treat all payments or amounts due to the Affiliate as forfeited and to provide notice of immediate termination to the Affiliate.

The Operator's Rights and Obligations

Registering and Tracking Customers

  1. The Operator will register the Affiliate’s Customers and track their play, and will calculate the amounts payable to the Affiliate in accordance with the applicable reward plan.
  2. The Operator reserves the right to manage the Sites to refuse new Customers or to close the accounts of existing Customers if necessary. This will be at the Operator’s sole discretion in order to comply with any requirements it considers mandatory, including without limitation requirements concerning Fraud, unlawful activity, breach of the respective Site’s terms and conditions of use, or otherwise.
  3. The Operator may, from time to time, appoint third parties as designated parties whose websites shall be included, for the purposes of this Agreement, as Sites.

Payments

  1. The Operator will make payments to the Affiliate in accordance with the applicable reward plan as detailed below.

Reports

  1. The Operator will provide the Affiliate with remote online access to reports regarding Customer activity and the Revenue Reward generated (if applicable). The form, content and frequency of the reports will be subject to change at the Operator’s discretion. The Operator will not be liable for the completeness or accuracy of any reports.

Recording Calls

  1. All telephone conversations between the Affiliate and any of the Operator’s staff may be recorded, and the Affiliate hereby consents to such recording. Any recordings will be treated in the strictest confidence and the content may be used by the Operator in the event of a misunderstanding, dispute, or for training purposes.

Identity Verficiation: Supporting Documentation

Identity Verification

  1. It is the Operator’s policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. The Operator will verify the Affiliate’s identity through the information provided by the Affiliate and by obtaining information from public sources and data. The Operator will make its best efforts to reasonably ensure that it knows the true identity of any of its Affiliates. Should the Operator be unable to adequately satisfy itself of the Affiliate’s identity, it shall not be obliged to provide the Affiliate with any information as regards the reasons for such failure to identify the Affiliate.
  2. For the avoidance of doubt, the Affiliate agrees that the Operator may use any personal information provided by the Affiliate for the purposes of verifying its identity.

Supporting Documentation

  1. The Affiliate agrees to provide the Operator with any supporting documents requested by it. The Affiliate is aware that the Operator has the right to delay payments if supporting documents are not provided. Supporting documents may include any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a letter of reference from the individual’s bank; and a copy of a bank statement. For a company, supporting documentation may include a copy of the company’s certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficial owner of the company and the identity of the directors of the company.

Revenue, Payments and Fees

  1. In this section the Affiliate will find details of the following payment mechanisms. The Payment mechanism which applies to the Affiliate will be indicated on the Affiliate’s application to join the TopBetta Affiliate Program or agreed with the Affiliate’s account manager (as the case may be) and shall be referred to herein as the Affiliate’s “Reward plan”:
    • A. Revenue Reward
    • B. Cost Per Acquisition (CPA)
    • C. TopBetta Sub-Affiliate Programme
A.Revenue Reward
  1. The Revenue Reward model is derived from the Tournaments and from the Sportsbook products, the calculation of which is described below.
  2. For the avoidance of doubt, each component of the Revenue Reward model may be calculated to be a negative figure. However, if the sum of both such components results in a negative number, the Affiliate’s total Revenue Reward for the relevant calendar month shall be zero, and no ‘reverse’ payment shall be due from the Affiliate to the Operator.
  3. The Operator offers a revenue share model across all of its Tournaments and Sportsbook products. This is a model based on the number of new Customers referred per calendar month in relation to the Tournaments and Sportsbook products.
    • Sportsbook 25%
    • Tournaments 25% of Rake (Tournament Entry Fee)
  4. * At any time where 3 calendar months have passed without the Affiliate directing at least four Customers to the Operator’s Sites, the default Revenue Reward set out in the table above and any other Revenue Reward agreed by the parties in writing at any time shall no longer apply and instead shall be set at 5% of all Tournaments and Sportsbook products.
  5. For the purposes of the table above, “Net Gaming Revenue” shall mean Tournaments Net Revenue and Sportsbook Net Revenue, as appropriate.
B. Cost Per Acquisition (CPA)
  1. If the Affiliate is interested in the Cost Per Acquisition (“CPA”) reward plan, it should contact its account manager.
  2. Specific conditions which apply to the Affiliate’s CPA Reward plan will be set by the Affiliate’s account manager and will be set out on the Affiliate’s application to join the TopBetta Affiliate Program or otherwise agreed in writing with the Operator (as the case may be). The following general terms and conditions will apply to all CPA Reward plans (unless agreed to the contrary with the Affiliate’s account manager):
    • (1) In any event of a Chargeback, credit or suspected underage gambler (proven or not verified to be over 18), such a Customer will not be considered for the purpose of the CPA plan, and any CPA Payment made to the Affiliate in respect of such Customer shall be deducted from future payments to the Affiliate.
    • (2) A CPA Payment will be due and payable to the Affiliate in respect of a qualifying Customer only upon: (a) the first registration of such Customer in one of the Sites; (b) the depositing of the minimum required amount; and/or (c) the placing of the minimum stake as set out in the Affiliate’s TopBetta Affiliate Program account. The depositing of any such minimum amount may be made once or in a cumulative manner in accordance with the criteria set out in the Affiliate’s TopBetta Affiliate Program account. Any subsequent activities of such Customer in that Site or in other Sites, including playing different games/products in that Site or in other Sites, will not entitle the Affiliate to any payment in respect of such activities. A CPA Payment will be paid to the Affiliate only once for each qualifying Customer, regardless of the number of Sites and/or number or type of games/products played by that Customer.
  3. the Operator shall not pay any CPA to Affiliates for Australian Sportsbook Customers directed to its Sites on the day of the Melbourne Cup race and on the day preceding such race.
C. TopBetta Affiliate Sub-Affiliate Programme – Reward Plan & Reward Plan Structure
  1. Any person or entity that is introduced to the TopBetta Affiliate Program by the Affiliate, and joins the TopBetta Affiliate Program as an Affiliate by submitting to the Operator the standard application form through the Sub-Affiliate link on the TopBetta Affiliate Program site (from such time that the same is made available) will be considered to be the Affiliate’s Sub-Affiliate and tracked as such. Any Sub-Affiliate will be treated as a regular Affiliate in the TopBetta Affiliate Program and will be bound by the terms and conditions of this Agreement, and the Affiliate will be liable to the Operator, jointly with any Sub-Affiliate, for the performance of that Sub-Affiliate’s obligations under this Agreement.
  2. To reward the Affiliate for obtaining Sub-Affiliates and to incentivise the Affiliate to obtain additional Sub-Affiliates, in addition to paying the Sub-Affiliate (as an Affiliate of the Operator) the rewards set forth in this Agreement, the Operator will also pay the Affiliate an additional reward in respect of the payments made to the Sub-Affiliate, as set out below.
    • 1st Tier 10.0%
  3. All of the Affiliate’s Sub-Affiliates are the Operator’s Affiliates and, as such, will be entitled to payments according to one of the Reward plans described in sections A – B above. Being the Operator’s Affiliates who are party to this Agreement, they will also be entitled to introduce to the Operator their own Sub-Affiliates, each of whom will automatically also be considered as the Affiliate’s indirect Sub-Affiliate. As a result, the Affiliate may have “under it” a chain of Sub-Affiliates, each constituting a certain “Tier” in relation to it. The reward table above shows the percentage the Affiliate will be entitled to receive from the payments made by the Operator to the relevant Sub-Affiliate.

Final and Binding Data and Calculations

  1. All calculations in connection with the amount payable to the Affiliate, whether under the Revenue Reward or the CPA Reward plans, will be made by the Operator and based solely on its systems’ data and records, and its calculations will be final and binding. As part of the monthly payments process, the Operator will carry out a data reconciliation process to ensure data accuracy and correct billing for the previous month. This process may take up to 4 business days and may include without limitation: a) the detection of fraudulent player activity that will be excluded from the Affiliate’s payment; and b) failed transactions that will be credited to the Affiliate’s account. The Operator shall begin the reconciliation process at the start of every calendar month.

Change of Reward plan

  1. The Operator reserves the right to change the Affiliate’s chosen Reward plan upon notice to the Affiliate. Any such change will take effect from the date of such notice.

Business by Other Persons

  1. You shall have no claims to Revenue Reward, CPA Payment, or other compensation on business secured by or through persons or entities other than yourself.

The Affiliate’s Losses as a Customer

  1. If the Affiliate is also a Customer in one of the Sites, the Operator reserves the right to exclude the Affiliate’s losses or rakes as a Customer in the Revenue Reward due to the Affiliate; or that of a family member, or civil partner, or spouse.

Payment Procedure

  1. At the start of every calendar month, the Operator will make available to the Affiliate in his TopBetta Affiliate Program account a statement showing any balance due to the Affiliate (if any) in respect of the previous calendar month. Such statement of account will be deemed to have been accepted and agreed by the Affiliate if the Operator does not receive any comments as to the accuracy of the statement within two weeks of the date of such statement.
  2. The Affiliate will be paid its relevant payment under its Reward plan on a calendar monthly basis by way of the Affiliate’s chosen currency and payment method (where available), provided the amount payable to the Affiliate is not less than AU$100. If these minimum amounts are not reached in a particular calendar month, the Operator will be entitled to withhold payment and carry the amount due to the Affiliate to the next calendar month and so on, until the minimum amounts are reached. All payments will be due and paid in Australian Dollars or in any other currency at the Operator’s discretion.
  3. The Operator will transfer funds only to the designated account detailed on the Affiliate’s application form. It is the Affiliate’s responsibility to ensure that such designated account is not restricted from receiving funds from the Operator. Third party wire transfers are prohibited by the Operator.

Taxes and Other Charges

  1. The Affiliate is fully responsible for all taxes, fees and other costs incidental to and arising from any payments made to it under this Agreement, including without limitation any processing fees. The Affiliate will indemnify and reimburse the Operator for any costs, expenses or losses that may be caused to it as a result of any claim or demand made by any governmental or other authority, with regard to tax withholding obligations or similar obligations to which the Operator may be subject in connection with making payments to the Affiliate. The Operator will be entitled to withhold or set-off any such amounts from the payments made to the Affiliate.

Chargebacks and Credits

  1. If a Chargeback or Credit occurs during the fee payment-processing period (usually 15 business days), the Operator reserves the right to deduct such amounts and the associated fees from the amounts due to the Affiliate under the Revenue Reward plan. Any Chargeback or Credit to a Customer in respect of which the Affiliate has chosen the CPA reward plan will disqualify such Customer and the Affiliate will not be entitled to any payment with respect to such Customer.

Right to Withhold Amounts

  1. The Operator reserves the right to withhold all amounts due and payable to the Affiliate under this Agreement if it believes that any Fraud has taken place or is contemplated which involves the Affiliate, whether or not the withheld amounts relate to the event in question. If the Operator believes that a Fraud has taken place or is contemplated by any Customer without the Affiliate’s knowledge, it will be entitled to withhold any amounts due to the Affiliate in connection with such Fraud. The Operator will also be entitled, in the foregoing events, to set-off from future amounts payable to the Affiliate any amounts already received by the Affiliate which can be shown to have been generated by Fraud.
  2. The Operator does not support any kind of content stealing or copying (site scraping) or any breach of any intellectual property rights, and it reserves the right to suspend and if necessary terminate the Affiliate’s account with it, if it is proven that the Affiliate is responsible for using such methods, and/or to transfer the amounts payable to the Affiliate to the original content creator and/or intellectual property rights holder.
  3. The Operator reserves the right to delay or withhold payments if any supporting documents relating to the payments to be made to the Affiliate are not promptly provided to it upon request.
  4. If the Operator determines, at its sole discretion, that the Affiliate has engaged in any activity forbidden in this Agreement, including without limitation activity that involves Excluded Territories, or that the Affiliate has otherwise breached any of its representations, warranties or undertakings in this Agreement, the Operator may (without prejudice to any other rights or remedies available to it) withhold any amounts due and payable to the Affiliate hereunder, whether or not generated by such forbidden activity or breach and further suspend or terminate the Affiliate’s account at its discretion.

Negative Balance Carry-Over

  1. A negative balance in the Affiliate’s Affiliate account with the Operator means that in any calendar month the total of all bets generated on the Affiliate’s Trackers is less than the total sum of all winnings and bonuses generated on the Affiliate’s Trackers.
  2. The Operator has does not have a negative carry-over policy, meaning that any negative balance in the Affiliate’s Affiliate account will NOT be carried over to subsequent months.

Term and Termination

  1. The term of this Agreement will begin when you download a banner and link it to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. Upon termination:
    1. You must remove the TopBetta banner/s from your site and disable any links from your site to ours and theirs.
    2. All rights and licenses given to you in this Agreement shall immediately terminate.
    3. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
    4. If you have failed to fulfil your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
    5. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
    6. If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
    7. You will return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of TopBetta.
    8. You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
  2. WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
  3. TopBetta may from time to time review TopBetta Affiliate’s participation in the program. TopBetta may choose to cancel a TopBetta Affiliate’s participation in the program, at its absolute discretion, if it reasonably believes the TopBetta Affiliate to have behaved in such a manner contrary to the terms or intent of the program.
  4. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

Risk Allocation

Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenue or profits, loss of business, or loss of data arising out of this.

Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.

Acknowledgement of No Warranty

Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of TopBetta ability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.

Assignment

Except as otherwise provided herein, neither TopBetta nor the TopBetta Affiliate may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of New South Wales of the Commonwealth of Australia.

Single Account

The TopBetta Affiliate agrees to operate a single TopBetta Affiliate site with the TopBetta Site(s). If TopBetta should discover, using information it deems appropriate in the circumstances, that the TopBetta Affiliate is operating more than one TopBetta Affiliate account, this Agreement shall terminate and the TopBetta Affiliate will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the TopBetta Affiliates Program, MUST be reported by the TopBetta Affiliate and cleared by the TopBetta Support Team beforehand, and failure to do so may result in the termination of the TopBetta Affiliate’s account. The TopBetta Affiliate will also forfeit all rights to commissions and referral bonuses.

Independent Contractors

TopBetta and the TopBetta Affiliate are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between TopBetta and the TopBetta Affiliate. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.

Waiver

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Modifications

TopBetta may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms of Use at TopBettaAffiliates.com or at another site it chooses, and by notifying the TopBetta Affiliate of the modifications via email notice. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral program rules.

If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.