Terms & Conditions to Dublinbet Affiliate Program
1. Agreement
This agreement contains the terms and conditions between you Dublinbet, a wholly owned subsidiary of VueTec and VueTec, in respect of its affiliate program (the "Agreement"). The terms and conditions contained in the Agreement are with effect from 17th January 2011 and may be amended from time to time in accordance with the terms of this Agreement.
2. Affiliate Program 2.1 To be a member of the Dublinbet affiliate program you agree to abide by the terms and conditions contained in this Agreement. Please read the Agreement carefully before registering at http://www.dublinbet.com and using the Dublinbet affiliate program service. 2.2 By completing the signup page provided at http://www.dublinbet.com and by providing the Services as set-out in the Agreement, you indicate your acceptance of the affiliate program, this Agreement and its terms and conditions. VueTec Limited and Dublinbet reserve the right to refuse or reject your application to become an affiliate of Dublinbet if your website is deemed to be unsuitable or for any other reason at the absolute discretion of VueTec or Dublinbet. 2.3 To sign up as a member of Dublinbet and to use the service as an affiliate partner you must be at least 18 (eighteen) years of age. It is the responsibility of the affiliate to ensure that they meet the age limitations which have been set in the jurisdictions in which they operate. 2.4 The Agreement is made by and between Dublinbet and VueTec (operator of www.dublinbet.com) and you, as user of the Dublinbet service ("you" or "member"). VueTec has developed and operates a service called Dublinbet.com (the "Service") that allows web sites to run and/or participate in the affiliate programs. 2.5 As a user of the Dublinbet affiliate program you will be establishing affiliate-partnering arrangements with third party members by placing Dublinbet and/or VueTec Group links on your website. These links will allow Dublinbet or VueTec to track any visitor and ascertain if they are deemed to be real new players. In return, we will pay commission on the net revenue generated by real new players you recruit to www.Dublinbet.com website. The Services are supplied and the commission paid in accordance with the terms and conditions of this Agreement. 2.6 Dublinbet will provide email (affiliates@dublinbet.com) support for the Service.
3. Definitions 3.1 "affiliate" means a company or individual that has entered into an agreement with Dublinbet and Vuetec on terms substantially in the same form as this Agreement who is rewarded by Dublinbet for generating revenue for placing Dublinbet hyperlinks on its and/or associated web sites. 3.2 “payment processing fee” means no more than 10% of all successful card deposits. 3.3 “chargeback” means an invalid, fraudulent or disputed card or debit payment including but not limited to where the card company or the paying bank has claimed payment back from Dublinbet, or where the customer claims payment back because or non-performance; chargebacks are deducted in the month they are charged. 3.4 “commission fees” means the amount to be paid by Dublinbet in accordance with Clause 4. 3.5 "Dublinbet" is owned and operated by Vuetec Limited which is licensed by the Isle of Man Gambling Supervision Commission. 3.6 “free player bonus” means an amount of money given to players by Dublinbet for free (usually upon player deposit). Free player bonuses may also be distributed as rewards to high spending players or as marketing/ promotional tools. 3.7 "link" means a hyperlink placed on an affiliate site, entirely at the affiliate's own expense, that, when clicked on, opens a Dublinbet web page to the user's browser. The link may be in the form of text, a button, a banner or any other acceptable affiliate format. 3.8 ‘net revenue’ means in respect of any affiliate, the sum of money remaining from the revenue generated by Dublinbet that is attributable to real new players introduced by that affiliate once ‘payment processing fees’; ‘free player bonuses’; "player cash back" and ‘chargebacks’ have been deducted. 3.9 “real new players” a "real new player" shall mean an internet user, with no prior account with the VueTec Group (including Dublinbet]) and provided that the VueTec Group have no prior record of their email address or details, who accesses the Dublinbet site directly through a link, opens a new user account and makes the required minimum deposit of €50 in such account, and plays on the web site. Neither you, any associated business or subsidiary, nor your relatives are eligible to become real new players and should you or they do so you will not be eligible to receive the relevant commission. For this purpose, the term "relative" shall mean any of the following: spouse, partner, parent, child or sibling. The number of real new players per individual household computer is strictly limited to one. For affiliates who elect the CPA scheme under Clause 4.1 eligible players must play through their minimum deposit a minimum of 10xbefore they are deemed to be real new players. 3.10 "valid click" means a click from an affiliate partner's site to the Dublinbet site that results in the Dublinbet web page being viewable to the visitor. A click is deemed valid by the Dublinbet system when it meets certain criteria as defined on the web site or in this agreement, and which may change from time to time. 3.11 "VueTec” means VueTec Limited a company registered in the Isle of Man. 3.12 "VueTec Group means collectively VueTec and any subsidiary of VueTec, including but not exclusively Dublinbet. 3.13 "visitor" means any person, web surfer or user that clicks on an affiliate's link to view a brand’s web page.
4. Commission 4.1 Commission fees to be paid to an affiliate upon satisfaction of the terms of this Agreement by Dublinbet to affiliate. To be eligible to collect commission fees the affiliate must be actively promoting Dublinbet in a visible location. Dublinbet reserves the right to monitor individual affiliates promotional methods and their effectiveness. Dublinbet is not obligated to continue to pay commission fees to affiliates that have ceased to actively promote Dublinbet. In line with relevant money laundering regulations, identification must be provided by any affiliate earning amounts over 2,000 Euros per month, or a series of transactions that may exceed 2,000 Euros, before payment is made by Dublinbet.
4.2 Depending on which commission scheme you choose to participate in VueTec will pay you either:
4.2.1 Net Revenue Share commission plan:
net revenue per month % of net revenue payable to an affiliate
0 - 10,000 Euros ---------------------- 30%
10,001-30,000 Euros ---------------- 35%
30,001+ Euros ------------------------- 40%
4.2.2 CPA Scheme:
Number of real new players in a month: amount per player:
0 – 20 -------------- 100 Euros per player
21+----------- 150 Euros for each player;
A CPA election is subject to approval by Dublinbet prior to being implemented. Payments will not be made on player accounts that have a winning balance.
4.3 Upon acceptance as an affiliate, and subject to all of our terms and conditions, an affiliate automatically participates in the Net Revenue Share scheme. To participate in the CPA scheme, an affiliate is required to make a separate application in writing to Dublinbet. Acceptance to the CPA scheme is subject to, and at the discretion of Dublinbet. Dublinbet reserves the right to withdraw any affiliate member from the CPA plan at their absolute discretion and without notice.
4.4 An affiliate's monthly payable balance is automatically reset to 0 Euros at the beginning of each calendar month, thus ensuring that any negative balances are not carried forward. 4.5 Commission fees will be paid to affiliates by Dublinbet within 10 working days of the end of the following month they are earned in. 4.6 You can receive your payment via moneybookers, neteller, bank wire transfer or (at our discretion) into a Dublinbet player account in Euros in accordance with the information provided on the registration form on the affiliate's sign up. Money credited to your account does not accrue interest. 4.7 Payments to moneybookers, neteller or a Dublinbet player account are not subject to any minimum balance threshold. 4.8 Bank wire transfer payments are subject to a minimum balance threshold of 50 Euros. Affiliate balances that are under 50 Euros will be carried over to the next month. 4.9 Bank wire transfer payments to bank accounts held within the European Union will be subject to charges from their own bank. Charges placed on bank wire transfer payments to bank accounts outside the European Union will be paid by Dublinbet, except when the balance is under 1000 Euros. Transfers under 1000 Euros will be subject to a fee of 25 Euros which will be retained by Dublinbet out of the transferred amount. 4.10 In the event that an affiliate enters incorrect bank details and the payment not completed, the affiliate will have the bank charges associated with this error deducted from their commission fee. Dublinbet reserves the right to withhold affiliate payments which they deem to be of a suspicious nature. By suspicious we mean the following: if Dublinbet determines, or suspects, that a transaction is suspicious and involves or may involve financial crime or similar activity, Dublinbet reserves the right to retain the amount of that transaction and any other transaction made by you.
5. Tiered affiliate fees. 5.1 Affiliates will also earn 5% on commission fees generated by affiliates you’ve referred to the Dublinbet affiliate program (second tier affiliates). Affiliates will earn 2% on commission fees generated by affiliates referred to the Dublinbet affiliate program by their second tier affiliates. Note that neither you nor your relatives , employees, related entities or subsidiaries can earn both primary and secondary revenue on the same player accounts. 5.2 Tiered affiliates are paid on the same terms as the commission fees paid to affiliates as set out in Clause 4.1.
6. Restrictions 6.1 The following types of sites are not allowed to participate in Dublinbet: those that are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights. This list is not exhaustive, and Dublinbet may use their discretion to determine what they consider to be unsuitable sites. 6.2 You agree that you have read the documentation for the service and understand its features and rules. As part of the registration process, you will select an email and password combination that you use to access your member area within the service in line with the sign-up page at www.dublinbet.com. 6.3 You shall provide Dublinbet with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to your true identity. 6.4 You agree that Dublinbet may rely on any data, notice, instruction or request furnished to Dublinbet by you that is reasonably believed by Dublinbet to be genuine and to have been sent or presented by a person reasonably believed by Dublinbet to be authorised to act on your behalf. 6.5 You shall notify Dublinbet by e-mail at affilates@dublinbet.com of any known or suspected unauthorised uses of your account or website, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your email and password. You shall be responsible for maintaining the confidentiality of your email and password and you are responsible for all usage and activity on your account, including use of the account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Dublinbet and commission to the appropriate authorities in the relevant country. 6.6 Affiliates are not permitted to offer or share any affiliate revenues earned with other parties. This includes players, private clubs, independent operators, and any other persons deemed unacceptable by Dublinbet. All offline promotion of Dublinbet must be approved in advance by the Dublinbet affiliate management in writing or commissions may not be paid. 6.7 We do not condone spam. Any form of spam will result in your account being closed and all funds due being withheld. You need to be aware that Dublinbet is liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should we seek recourse. In this instance the amount determined will be fair and deemed final and acceptable based on good faith and such amounts will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an affiliate of Dublinbet. 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. 7. E-mailing to your opt-in bulk lists
7.1 If you use Dublinbet promotional content to e-mail to your opt in e-mail lists then you must adhere to the following: 7.1.1 to clearly display an unsubscribe feature at the bottom of the email (clearly detailing methods of unsubscribing from your mailing list); 7.1.2 to clearly include my site/company header in the email (incorporating site name and logo); 7.1.3 that any emails sent will not give the reader the impression that they were sent by Dublinbet directly, and that those emails will clearly identify the name and contact details of my website" Each email should identify clearly the source of the contact. E.g. "you are receiving this email because you registered on website and indicated that you wished to receive such email" 7.1.4 A copy of any and all email promotions should also be copied to affiliates@Dublinbet.com; 7.1.5 any Dublinbet offers in the form of emails will not be sent to people under the age of 18; 7.1.6 any Dublinbet offers in the form of emails will not be sent to people who have not willingly entered their email address on the your website/s to receive promotional material; 7.1.7 affiliates will be responsible for any legal fees that arise out of using these mailers; and 7.1.8 affiliates will be responsible for any costs, fees or legal fees that arise out of these matters.
7.2 Using the Dublinbet brand name, brand name misspellings or similar variations in any domain names is not permitted. 7.3 Affiliates shall not register (or apply to register) any domain name similar to any domain name used by the VueTec Group or any name that could be understood to designate a website owned by VueTec. This includes, but is not exclusive to domain names that include the term ‘Dublinbet’, 'Dublin-bet' or similar. 7.4 Affiliates shall not purchase or register keywords, search terms or other identifiers in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any sites operated by VueTec or otherwise include the term ‘Dublinbet’, ‘dublin bet’ or similar, or include metatag keywords on your site which are identical or similar to any sites operated by VueTec or otherwise include the term ‘Dublinbet’, ‘dublin bet’ or similar. 7.5 Affiliate Sites will not, in any way, copy or resemble the look and feel of the dublinbet.com site (or any part thereof), nor will you create the impression that any of your Affiliate Sites are dublinbet.com (or any part thereof). You also agree that none of your Affiliate Sites will contain any content found on the dublinbet.com site or any materials which are proprietary to Vuetec Ltd, except with our prior permission which has been confirmed to you in writing. 7.6 Affiliates shall not market their sites in any way which might compete with our own marketing efforts, unless you have received written approval from us in such regard.
8. Warranties 8.1 You warrant and undertake to Dublinbet and Vuetec that: 8.1.1 if you are not an individual, you are properly and validly constituted and validly existing under the laws where you were established and you have full authority and capacity and all necessary permits, consents and licences to enter into this Agreement and the terms contemplated by this Agreement; 8.1.2 you will at all times conduct yourself with all due skill, care and diligence; 8.1.3 you will comply with any security guidelines and requirements as may be issued by the VueTec Group from time to time; 8.1.4 all information you provide to us is correct and you will notify us immediately of any changes; 8.1.5 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 regulations; 8.1.6 your website does not and will not contain any material which is defamatory, violent, pornographic, unlawful, threatening, obscene or racially, ethnically, or otherwise discriminatory or in breach of any third party rights and shall not link to any such material; 8.1.7 we may monitor your website to ensure you are complying with the terms of this Agreement and you will provide us with all data and information (including passwords) to enable us to perform such monitoring at no cost to us; and
8.2. All content you provide to the service is solely owned by you or provided by you with the express authority of the company you represent, does not infringe upon any other individual's or organisation's rights (including, without limitation, intellectual property rights) and is not defamatory, libellous, unlawful or otherwise objectionable. As a member, links may not be placed in newsgroups or unsolicited e-mail, any link placed must be done so in such a way that it is not misleading to any visitor and done so with the intention of delivering valid clicks to the related Dublinbet site for that link. Dublinbet reserves the right to deem any site inappropriate and may terminate the site immediately as an affiliate partner member of Dublinbet. If you are terminated from the service, Dublinbet has the right to withhold money you earned within the service. 8.3 The service, its use and the results of such use are provided "as is." To the fullest extent permissible pursuant to applicable law, Dublinbet disclaims all warranties express or implied, including, but not limited to, implied warranties of Dublinbet ability and fitness for a particular purpose, in relation to the service, its use and the results of such use. Without limiting the foregoing, Dublinbet specifically disclaims any warranty (a) that the service will be uninterrupted or error-free, (b) that defects will be corrected, (c) that there are no viruses or other harmful components, (d) that the security methods employed will be sufficient, or (e) regarding correctness, accuracy, or reliability. Applicable law may not allow the exclusion of implied warranties so the above exclusion shall only not apply to you. To the extent permitted by any applicable law.
9. Licence to use marks Dublinbet hereby grants to you a non-exclusive, non-transferable license, during the term of this agreement, to use Dublinbet intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this licence to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
10. Confidential information During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of Dublinbet and/or the Vuetec Group and/or the profit sharing program employed by the VueTec Group (including, for example, commission fees earned by you under the program). You agree to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this agreement. Your obligations with respect to confidential information shall survive the termination of this agreement 11. Commercial use only
This marketing opportunity is for commercial use only, and you, your family members, friends, associates may not make purchases, directly or indirectly, through your tracker for your own personal use or to fraudulently increase the commission fees payables to you.
12. Good faith Affiliates will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. 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. Even if you have not knowingly generated such traffic, we reserve the right to withhold commission fees with respect to such traffic.
13. Term and Termination 13.1 Term and termination notice period. This Agreement shall remain in effect until terminated in accordance with this Agreement. Dublinbet or you may terminate this Agreement for any reason or no reason upon five (5) days prior e-mail registered or written notice, or immediately upon written notice of any material breach of the provisions of this Agreement. Upon termination, you shall no longer be entitled to use the Service. 13.2 Upon termination affiliates must immediately remove all of our banners/icons from your site and disable the link from your site to ours. All rights and licenses given to you in this agreement shall immediately terminate. Dublinbet will pay your final commission for your last calendar month. You will not be entitled to new commission fees with respect to play occurring after the date of termination over the following 6 months. If you have failed to fulfil your obligations and responsibilities, we will not pay you the commission fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this agreement or a waiver of termination. 13.3 Dublinbet reserves the right to terminate this Agreement immediately in respect of any affiliate that generate new real player accounts that use or attempt to use fraudulent payment methods, or participate in bonus abuse.
14. Relationship of the parties You and we are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf or to bind Dublinbet or the VueTec Group in any way. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
15. Indemnity You shall defend, indemnify, and hold Dublinbet and the VueTec Group, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this agreement, (b) the performance of your duties and obligations under this agreement, (c) your negligence, fraud or (d) any injury caused directly or indirectly by your negligent, fraudulent or intentional acts or omissions, or the unauthorised use of our banners and links or this profit sharing program.
16. Limitation of liability Dublinbet or the VueTec Group its suppliers or resellers shall not be liable to you or any other person for (i) any indirect, special, incidental or consequential damages of any character arising out of the use of or inability to use the Dublinbet service or any information provided on the Dublinbet web site or any other hyper linked web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if Dublinbet or a Dublinbet authorised representative has been advised of the possibility of such damages or (ii) any claim attributable to errors, omissions or other inaccuracies in the web site or any hyperlinked web site. As some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion shall only apply to you to the fullest extent permitted by any applicable law. In such jurisdictions. This paragraph will survive the failure of any exclusive or limited remedy. You agree that Dublinbet is the neutral host of the service and has no responsibility or liability in relation to the arrangements that you enter into with Dublinbet as part of your use of the service.
17. Governing Language In the event of any discrepancy in translated versions of this Agreement, the meaning of the English language version shall prevail.
18. Non-assignability Neither the rights nor the obligations arising under this agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect. Dublinbet may assign this agreement to any successor, affiliate or assign.
19. Force Majeure Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of god, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
20. Data Protection The affiliate shall comply with any relevant data protection laws in the jurisdiction which they are domiciled and any jurisdiction which they operate.
20. Governing law Governing law of this agreement, its interpretation, performance or any breach thereof shall be construed in accordance with UK laws and the parties submit to the exclusive jurisdiction of the UK Courts.
22. Independent investigation 22.1 You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer commissions on terms that may differ from those contained in this agreement or operate or contract with web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in this profit sharing program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement. 22.2 Gambling laws and money laundering regulations vary from country to country. You enter this affiliate agreement on the understanding that you have independently evaluated the laws, regulations and rules in your locale which apply to your activities and believe that you may participate in the affiliate programme without violating any applicable laws, rules and regulations.
23. Non-waiver Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement. No modification, additions, deletions or interlineations of this agreement are permitted or will be recognised by us. None of our employees, officers or agents may verbally alter, modify or waive any provision of this agreement.
24. Changes to the service Dublinbet reserves the right to change, modify, add or remove portions of this agreement at any time and may add to, change, suspend or discontinue any aspect of the service at any time. Members may either agree to such changes or withdraw from the service. 24.1 affiliates are free to terminate their relationship if they disagree with any changes. 24.2 we advise affiliates to check the terms and conditions for changes at least once every 4 weeks. These will be displayed at http://affiliates.dublinbet.com.
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