TopBetta Affiliate Program

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 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 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;
      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.
  15. 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.
  16. 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.

  17. 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.

  18. 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.

  19. Governing Law

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

  20. 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.

  21. 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.

  22. 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.

  23. Modifications

    TopBetta may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms of Use at TopBetta.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.

  24.