Terms and conditions
This Affiliate Agreement (”Agreement”) contains the complete terms and
conditions between you and Bluebell BV (“Bluebell”). This Agreement includes
all terms and conditions regarding your application and, if approved,
subsequent participation in the Affiliate Program.
1. GENERAL DEFINITIONS AND INTERPRETATIONS
1.1 In completing the Affiliate Sign Up Form, and, subsequently marketing and
referring Customers to any website owned, operated or powered by Bluebell which
on the Affiliate Sign Up Form you elect to promote (”Our Website”), you agree
to be bound by all the terms and conditions set out in this agreement.
1.2 In this Agreement unless the context otherwise requires:
”Affiliate Sign Up Form” means the form which you complete and submit to become
a Betboo Affiliate;
”Banners” means display banners taking the form of hyperlinks which appear on
”Confidential Information” means all information about us which is not publicly
known and that is disclosed (by whatever means) by us to you;
”Customers” means individuals who:
(i) have had no prior account with Our Website;
(ii) we have no previous record of their personal email address or other
details that we deem to show connection between accounts;
(iii) access Our Website solely through clicking links to Our Website on Your
(a) open an account with Our Website; and
(b) make a deposit and game and/or place bets with Our Website,
with both (a) and (b) occurring within thirty (30) days of accessing Our
Website pursuant to (iii) in this definition above;
”Intellectual Property Rights” means any and all patents, trade marks,
service marks, rights in designs (including semi-conductor topography design
rights and circuit layout rights), get-up, trade, business or domain names,
goodwill associated with the foregoing, e-mail address names, copyright
including rights in computer software (in both source and object code) and
rights in databases (in each case whether registered or not and any
applications to register and rights to apply for registration of any of the
foregoing), rights in inventions and web-formatting scripts (including HTML and
XML scripts), know-how, trade secrets and other intellectual property rights
which may now or in the future subsist in any part of the world including all
rights of reversion and the right to sue for and recover damages for past
”Bluebell BV” means Bluebell BV, whose registered office is at 29 Emancipatie
Boulevard, Curacao, Dutch Caribbean and who owns the Betboo brand. For the
purpose of these Terms and Conditions, “Betboo” and “Bluebell” are deemed to be
”Net Revenue” means the following:
1. in relation to sports betting, the figure resulting from the calculation of
the betting revenues generated by Customers actually received by us less the
winnings, less any credits, bonus or promotional amounts given to Customers,
administration percentage fees, processing charges, chargebacks or any
uncollectible revenue attributable to the Customers;
2. in relation to poker, the sum total of all Customers’ contributions to
”rakes” and tournament fees while playing at Our Website, less any credits,
bonus or promotional amounts given to Customers, administration percentage
fees, processing charges, chargebacks or any uncollectable revenue attributable
to the Customers. A Customer’s contribution to a ”rake” shall be determined for
any hand where the Customer was dealt cards by dividing the amount the Customer
contributed in the hand by the total bet in the hand and multiplying this by
the total “rake” of the hand in question. For example, if the Customer’s
contribution to the hand is 5 units of currency and the total bet in the hand
is 20 units of currency and the “rake” in the hand is 1 unit of currency then the
Customer’s contribution to the “rake” shall be 5 divided by 20 multiplied by 1
which is 0.25 units of currency; and
3. in relation to casino and games, the sum total of all Customers’ gross bets
less payouts (as calculated by Our Website), less any credits, bonus or
promotional amounts given to Customers, administration percentage fees,
processing charges, chargebacks or any uncollectible revenue attributable to
“Tracking Code” means a code used to link Customers to a specific affiliate
”Your Website” the website which you notify to us on the Affiliate Sign Up
2. PROGRAM APPLICATION AND ENROLMENT
2.1 By providing us with a completed Affiliate Sign Up Form, you agree to abide
by these Terms and Conditions (“Application”). We will evaluate your
Application and notify you in writing of whether you have been accepted into
the Affiliate Program or not. We may reject your Application if we determine
that Your Website is not suitable for the Affiliate Program for any reason.
2.2 Identity and Disclosure. You must provide true and complete information
to us at all times; including but not limited to, your identity, contact
information, payment instructions, nationality, residency, location and nature
of your marketing activities, and any other information that we may reasonably
request in relation to your Application.
3. MARKETING ACTIVITIES AND
RESPONSIBILITIES AND OTHER AFFILIATE OBLIGATIONS
3.1 Solely at your own cost and expense, you shall market and refer potential
Customers to Our Website and you shall also promote the Betboo brand on Your
Website, promotions and marketing campaigns.
3.2 You shall consistently provide us each month during the term of this
Agreement with a number of Funded Sign-Up’s, to be determined by us, acting
reasonably. These accounts will be owned by Bluebell as soon as they sign up to
3.3 You will be solely responsible for the content and manner of your marketing
3.4 You will not actively target your marketing to minors, including any persons
who are less than 18 years of age in the U.K., Europe, Russia, South America
and 19 years in Canada, regardless of the age of majority in the location you
are marketing. Additionally, you will not market Our Website to any persons
resident in the USA or refer potential members who are United States Citizens
to our products.
3.5 We will make available to you, banner advertisements, button links, text
links, poker tools, and other appropriate links or advertising material to
place on Your Website which shall all relate to and/or link to Our Website
(collectively referred to hereinafter as a ”Link”), Such Links are provided to
you on the basis of a nonexclusive, limited, nontransferable, ‘terminable on
demand’ licence, which you may display on Your Website.
3.6 You shall not commercialise the Links other than on Your Website, display
data from the Links via any electronically accessible medium other than Your
Website without our express written consent or use the Links in any way which
proves or is likely to prove detrimental to us. You cannot open a social media
account (Facebook, Twitter, Youtube etc.) on behalf of us and mislead people or
claim that your website is our official partner site. If you are aiming to
promote us through social media you must get our written approval and you must
report us your activities regularly. You shall ensure that all advertising or
promotional activity made through any media (including social media) and on any
format is made in compliance with the applicable laws and any applicable rules
of the media chosen for the respective activity. You agree to indemnify us and
holds us harmless for any claims, fines, penalties or damages we may have to
pay as a result of the activities performed by you, irrespective of their nature.
3.7 You may not advertise Our Website in any other way including, without
limitation, the use of spam e-mails. If we find that you have participated in
such activities, we have the right to close your account immediately and
withhold all earnings. You may not advertise Our Website on copyright
infringing websites (for example, file sharing and streaming sites). If we
discover such infringement made by you, we are entitled to terminate your
Affiliate account immediately and withhold all earnings due to you from the
date the activity first took place until the date of termination.
3.8 In the event that you desire to offer certain incentives to potential
Customers you are required to receive our prior written approval for such
incentives prior to your commencement of such activity. In the event that you
do not receive such approval and offer such incentives, we have the right to
cancel your participation in the program, and not pay you any commissions due
and payable to you.
3.9 You will only use the Banners and any other marketing materials that have
been provided by us and/or pre-approved by us (collectively the ”Marketing
Materials”). You can only use the materials we provide to you. Also, it is your
responsibility to use up to date materials and up to date information on your
site. If we notice the usage of unauthorised materials we will expect you to
remove those materials in 72 hours after our warning to you. Any promotion of
unauthorised bonus codes will result in revenues received with these bonus
codes being deducted from your monthly commissions.
3.10 You will only redirect traffic to your own affiliate landing page. Any
traffic to our websites, whether or not in connection with the Betboo brand,
shall empower us, at our own discretion to block your Affiliate account as well
as any incoming traffic with immediate effect, without any prior formality. We
also reserve the right to suspend/ terminate this Agreement with immediate
effect and to stop any payments of commission towards you.
3.11 During the term of this Agreement, we grant you a terminable,
non-exclusive, non-transferable right to use the Marketing Materials we provide
for the sole purpose of marketing to and referring potential Customers to Our
Website. Generally we will provide you, without charge, the guidelines,
graphical artwork and permitted text to use in promotional materials.
3.12. You can only have a single Affiliate account. In case you have more than
one account, we reserve the right, at our own discretion to block any one of
them, and no payment of any commission in relation to any accounts connected to
this account, without any financial or other type of liability on our side
4. Marketing Activities and
Responsibilities, Search Engine Optimisation, and Other Affiliate Obligations.
4.1 When employing a Search Engine Optimisation strategy for any search engine
you shall adhere to the following obligations:
(a) You shall NOT bid on the brand of Betboo;
(b) You must NOT display the brand or brand name of Betboo in your display URL;
(c) You must NOT claim that you are Bluebell BV brands’ official site;
(d) You must NOT use the brand or the brand’s name of Betboo, or claim to be
the official site of, in your meta information on any page of your site;
(e) You must NOT use the brand or brands name or misspelling or variation of
the Betboo sites in your display URL. Bluebell has the right not to pay your
commission in the event of noticing these sites. If we notice such action you
must immediately transfer these domain names to Bluebell;
(f) You cannot index your affiliate Tracking Code to the search engines. It
is your responsibility to monitor it.
(g) You MAY include ‘Betboo’ or brands name of Betboo in the sub folders of the
display URL’s in your Search Engine Adverts e.g. www.affiliatesite.com/Betboo;
(h) You MAY NOT use meta refreshes to redirect traffic from your PPC advert
(i) You MUST use no follows on all links taking customers from your site to
Betboo or to the brands name of Betboo. This includes link shortening as well.
(j) You MAY NOT copy and/or replicate any Betboo code or content on any other
(k) You must NOT modify or change the Tracking Code you are using for Bluebell
(l) You must NOT open social media (Facebook, Twitter etc.) accounts on the
Betboo brand names and you must NOT make announcement or run promotions through
these accounts. In the event of noticing these accounts you must immediately
transfer them to Bluebell’s usage;
(m) You must NOT use a similar design concept of Betboo brands on your web
4.2 You warrant and undertake that:
(a) You have full authority and capacity and all necessary permits, consents
and licences to enter into this Agreement and the Affiliate Sign Up Form;
(b) You will at all times conduct yourself with all due skill, care and
(c) You will comply with any security guidelines and requirements as may be
issued by Betboo from time to time;
(d) All information you provide to us is correct and you will notify us
immediately of any changes;
(e) You have obtained and will maintain in force all necessary registrations,
authorisations, consents and licences to enable you to fulfil your obligations
to us under this Agreement and you will comply with all applicable laws and
(f) Your Website will not contain any material which is defamatory, violent,
unlawful, threatening, obscene or racially, ethnically, or otherwise
discriminatory or in breach of any third party rights and shall not link to any
(g) We may monitor Your Website to ensure you are complying with the terms of
(h) Neither you nor your immediate family may become Customers and you shall
not be entitled to any payment under this Agreement in relation to such family.
“Immediate family” for the purposes of this clause shall mean your spouse,
parent, partner, child or sibling.
(i) When informed via email, telephone, or fax of changes to the primary
acquisition or any other customer bonus you will update all website content,
banners and other promotional material to correctly represent the stated
changes within 48 hours. Any Customers referred to Our Website via a link or
banner displaying incorrect bonus information after this period, to determined
in each case by us, acting reasonably, can be untagged from your affiliate Tracking
Code and no commissions will be paid
(j) you must not engage in any form of misleading/deceptive marketing.
4.3 You must note that we do not accept players from Afghanistan, Albania,
Algeria, Angola, Australia, Belgium, Cambodia, Democratic People’s Republic of
Korea (DPRK), Ecuador, France, Guadeloupe, Guyana, Hong Kong, Indonesia,
Israel, Iran, Iraq, Italy, Kuwait, Laos PDR, La Reunion, Martinique, Myanmar,
Netherlands, Nicaragua, Norway, Pakistan, Panama, Papua New Guinea,
Philippines, Saudi Arabia, Singapore, Spain, Sudan, Syria, Thailand, Uganda,
UAE, USA, Yemen. You must NOT run any promotional activities for the citizens
of these countries.
5. Obligations on an Affiliate
5.1 Bluebell will require all of its Affiliates:
5.1.1 To source all databases legitimately;
5.1.2 To communicate with all data subjects lawfully;
5.1.3 To comply with the privacy statement of Bluebell as set out on the
5.2 To ensure that content is not unlawful and/or that it will not expose any
entity disseminating it to legal action. Affiliate marketing content must not
contain or include text or images that may be reasonably considered to:
5.2.1 be obscene;
5.2.2 be racially provocative;
5.2.3 be defamatory;
5.2.4 be religiously insensitive;
5.2.5 have specific appeal to minors or other categories of vulnerable persons;
5.2.6 link participation to fate or similar;
5.2.7 create any superstitions or religious connection with participating in
5.2.8 make any association with sexual prowess or similar;
5.2.9 be unreasonably or unnecessarily provocative or offensive, either
generally having regard to local practices, customs or sensitivities;
5.2.10 breach third party requirements including but not limited to, not
obtaining consent, not paying a royalty or copyright fee for use of data or
images without consents or approvals;
5.2.11 portray gambling as taking precedence over normal life;
5.2.12 appeal to data subjects under 18 years old.
6. REPORTS & PAYMENTS
6.1 We will track the number of Customers you have brought to us on a month by
6.2 Neither you nor your relatives are eligible to become Customers via your
Links, and should you or they do so you will not be eligible to receive the
relevant commission. Our measurements and calculations in relation to the
number of Customers and the relevant Net Revenue figures shall be the sole and
authoritative tool, and shall not be open to review or appeal.
6.3 Once your Application has been approved, we shall pay you a set commission
calculated as being a percentage of Net Revenue (“Commission”), such Commission
shall be payable in accordance with the terms of the Affiliate Sign Up Form.
Commissions shall only be paid in respect to bets placed by Customers
associated with your Affiliate Account. This does not include those Customers
that were once associated with your Affiliate Account but have since been
removed from your Affiliate Account pursuant to this Agreement. Such Commission
is set as follows:
25% – €1 – €10.000
30% – €10.001 – €20.000
35% – €20.001 – €30.000
40% – €30.001 +
The above rates are the standard default commission rates. However, we may at
own discretion, agree in writing different rates on a case by case basis with
6.4 Reports. We will track and report Customer activity for purposes of
calculating your Affiliate Fees.
6.5 Affiliate Fees. All Affiliates shall be paid monthly, in arrears, provided
they reach the minimum commission levels. Any Affiliates who have not reached
the minimum requirements, will have this amount carried forward until such time
that their commission has reached the minimum. All fees will be paid within
thirty (30) days following the end of the calendar month to which they relate.
The minimum amount for commissions to be paid is €20, however, for wire
transfers, this minimum is €500.
6.6 Negative Balances: If the Net Revenue in respect of any calendar month (or
part thereof) shall be zero or a negative figure, such figure shall not be
carried forward to any following calendar month (or part thereof) and for the
avoidance of doubt shall not be offset against the Net Revenue for any
following calendar month (or part thereof). Total Net Revenue will be
calculated on a cumulative basis between all products resulting in the total
Net Revenue derived from the sum of both positive and or negative Net Revenue
from each product for any calendar month (or part thereof).
6.7 Sub-Affiliates. We do not offer sub affiliate commission.
6.8 Method of Payment. All payments will be due and payable in Euros. Payment
will be made by the method registered on sign up to the account.
6.9 Customer Tracking: You understand and agree that potential Customers must
link through a Tracking Code in order for you to receive Affiliate Fees in
relation to such Customers. In no event are we liable for your failure to use
the right Tracking Code.
6.10 Customer Verification. Affiliate Fees in relation to Customers will be
dispatched only following our verification and checks concerning all Customers.
We have the right to check all commissions for possible fraud or abuse. If any
fraud or abuse has been or, in our reasonable opinion, has allegedly occurred,
we will freeze your Commissions until such time you can prove no fraud or abuse
6.11 At any time, for any reason, we have the right to amend the commission
structure as we see fit and we will notify you of the same. We may withdraw a
commission option at any time by giving notice to you. You may request to
change your commission option no more than once every calendar month, which may
be accepted or rejected by us at our absolute discretion.
6.12 If you in any way breach any of your obligations to us regarding the
provision to us of Funded Sign-Up’s under clause 3, to be determined in each
case by us, acting reasonably, then we shall be entitled to warn you that we
are placing this Agreement under review with a review, or give notice of
closure of your account.
6.13 Bluebell reserves the right to permanently withhold any commissions that
are unable to be paid within 12 months of becoming due and payable due to a
failure by you to provide correct bank account information.
6.14 Affiliate commissions shall be payable for a period of 24 months from the
date of first registration of each Customer. After 24 months percentage of the
commission will be reduced to 0 (zero) for those players.
7. TERM AND TERMINATION
7.1 Term and Termination. This Agreement will take effect when we accept your
Application under clause 2 and will continue unless and until terminated by
either you or us in accordance with this Agreement.
7.2 Either Party may terminate this Agreement at any time, with our without
cause, by giving the other Party 20 days’ written notice of termination, where
such notice may be served via fax or e-mail.
7.3 We may additionally terminate this Agreement immediately upon notice to you
if: (i) you in any way breach any of your obligations to us regarding the
provision to us of Funded Sign-Up’s under clause 3.2, to be determined in each
case by us, acting reasonably, or (ii) you in any way breach any of your other
obligations to us under this Agreement, to be determined in each case by us,
acting reasonably, or (iii) in our reasonable opinion you are in breach of the
terms of any applicable advertising code of practice, or (iv) you breach any
other term of this Agreement which, in the case of a breach capable of remedy,
to be determined by us, acting reasonably, has not been remedied within 48
hours of a notice from us specifying the breach and requiring its remedy.
7.4 We reserve the right to withhold your final payment for a reasonable time
to ensure that the correct amount is paid.
7.5 Upon the termination of this Agreement for any reason, you will immediately
remove from Your Website all Links and Marketing Materials and any marks, logos
or other Intellectual Property Rights associated with Our Website. All
Intellectual Property Rights in the Links and Marketing Materials belong to us.
7.6 Following the termination of this Agreement and, subject to the terms of
this Agreement, our payment to you of all commissions due at such time of
termination, we shall have no obligation to make any further payments of
commissions to you.
8. LIABILITIES AND WARRANTIES
8.1 No Warranties. We do not warrant that our system, network, software or hardware
(or that provided to us by third parties) will be error-free or uninterrupted
and we will not be liable to you for any direct or indirect consequences of the
8.2 Liability Limitations. Our obligations under this Agreement do not
constitute personal obligations of the directors, officers, employees or
shareholders of our owners. Any liability arising under this Agreement will be
satisfied solely from the revenues generated hereunder. Any liability arising
under this Agreement for us will be limited to the amount paid in Commissions
to you over the 6 months prior to your claim arising. Our liability is limited
to direct damages, and in no event will we be liable for any indirect, special,
incidental, consequential or punitive loss, injury or damage of any kind
(regardless of whether we have been advised of the possibility of such loss).
8.3 Indemnification. You will defend, indemnify and hold us and our officers,
directors, employees and representative harmless from and against any and all
liabilities, losses, damages and costs, resulting from or arising from, your
breach of this Agreement.
8.4 You warrant that you have all the requisite data protection licences or
registrations in the relevant jurisdictions to collect and deal with Your
Website visitors’ personal information and that you will obtain the necessary
consents from Your Website to enable personal information and data to be dealt
with in accordance with this Agreement. In particular, but without limitation,
you warrant that you will at all times comply with the provisions of the Data
Protection Act 1998 and the Electronic Communications (EC Directive)
Regulations 2003 and any equivalent or replacement legislation in the
jurisdiction in which you operate.
8.5 Save as expressly provided in the Agreement, all warranties, conditions or
other terms implied by statute, common law or otherwise are excluded to the
fullest extent permitted by law.
8.6 Nothing in this agreement shall exclude or limit liability for death or
personal injury resulting from negligence of either party or their servants,
agents or employees. Further, neither party shall be liable to the other for
any indirect, consequential or special damages arising out of or in connection
with the Agreement.
8.7 During the term of this Agreement and after its expiry or termination, you
will not use any Confidential Information for any purpose other than strictly
in pursuance of your rights and obligations under this Agreement nor shall you
disclose any Confidential Information to any person without our prior written
consent. On expiry or termination of this Agreement, you shall deliver up to us
all copies of any Confidential Information in your possession and destroy
copies of all electronically held Confidential Information if so requested to
do so by us.
8.8 You shall not make any announcement about the existence of this Agreement
or any relationship between us whatsoever without our prior written consent.
9. INDEPENDENT INVESTIGATION.
9.1 Independent Investigation. You acknowledge that you have read this
agreement and agree to all its terms and conditions.
9.2 Independent Research. You understand that gambling laws may vary from city
to city, state to state and country to country. You have independently
evaluated the laws in your locale which apply to your activities and believe
that you may participate in our affiliate program without violating any
applicable rules or laws.
10.1 Notices. All notices pertaining to this Agreement will be given by email
as follows: firstname.lastname@example.org and, to you at address provided on the
Affiliate Sign Up Form.
10.2 Relationship of Parties. There is no relationship of exclusivity,
partnership, joint venture, employment, agency or franchise between you or us
under this Agreement. Neither party has the authority to bind the other nor to
incur any obligation on the other’s behalf, except as expressly provided
herein. Nothing in this Agreement will be construed to provide any rights,
remedies or benefits to any person or entity not a party to this Agreement.
10.3 Non-Exclusive. You understands that we may at any time (directly or
indirectly), enter into marketing terms with other Affiliates on the same or
different terms as those provided to you herein and that such Affiliates may be
similar, and even competitive, to you.
10.4 Press. You may not issue any announcement with respect to this Agreement
or your participation in this Affiliate Program without our prior written
10.5 Assignment. This Agreement and the rights and obligations hereunder may
not be assigned by you without our express written consent. We may assign this
agreement to any other wholly owned subsidiary of Bluebell BV, to any website
owned, operated or powered by a member of the Bluebell BV Group.
10.6 Governing Law. The validity of this Agreement, its construction,
interpretation, and enforcement, and the rights of the parties hereto will be
determined under, governed by, and construed in accordance with the laws of
England and Wales and the parties submit to the exclusive jurisdiction of the
10.7 Severability/Waiver. Whenever possible, each provision of this Agreement
will be interpreted in such a manner as to be effective and valid under
applicable law but, if any provision of this Agreement is held to be invalid,
illegal or unenforceable in any respect, such provision will be ineffective
only to the extent of such invalidity, or unenforceability, without
invalidating the remainder of this Agreement or any provision hereof. No waiver
will be implied from conduct or failure to enforce any rights and must be in
writing to be effective.
10.8 Modification. We may modify any of the terms of this Agreement at any
time, in our sole discretion, by either (i) E-mailing you a change notice or
(ii) by posting the new version of the Agreement on our Website. It is your
responsibility to visit the Website frequently to make sure you are up to date
with the latest version of the Agreement and its provisions. If any
modification is unacceptable to you, your only recourse is to terminate this
agreement. Your continued participation in the Affiliate Program following
posting or notice of change will be deemed binding acceptance of the
10.9 Entire Agreement. This Agreement embodies the complete agreement and
understanding of the parties hereto with respect to the subject matter hereof
and supersedes and pre-empts any prior understandings or agreements between the
parties, written or oral, which may be related to the subject matter hereof.
The headings in this Agreement are for convenience only and will have no effect
on the construction of this Agreement.
10.10 A person who is not a party to this agreement has no right under the
Contracts (Rights of Third Parties) Act 1999 to enforce any term of this
IN WITNESS WHERE OF, you expressly agree to the terms and conditions of this
Agreement by submitting the Affiliate Sign Up Form.