Terms and Conditions
Please read this carefully. It is very important that you read and understand these terms and conditions. By ticking the box indicating your acceptance of these terms and conditions and continuing with your application to join our affiliate program, you are agreeing (subject to our approval of your application) to the terms and conditions contained below. If you do not agree with the terms and conditions you should not continue with your application. If you have any questions regarding our affiliate program or these terms and conditions please contact: affiliates@globet.com
1. This Agreement 1.1 These Terms and Conditions (the "Agreement") sets out the terms and conditions agreed between us, Globet International Sports Betting Limited, a company registered in England (registration number: 3005859) whose principle place of business is 1 Putney High Street,ondon SW15 1SZ (UK) "Globet”, "we" "us" or "our" as applicable) and you (being the person set out on the relevant application form) ("you" or "your" as applicable), regarding your application to join (and if your application is successful, your membership of) our affiliate program and to promote the websites currently situated at the URL’s (including without limitation) www.Globetsport.com, www.Globetpartners.com and/ or www.Globetcasino.com the ("Globet Sites") and the creation of any internet hyperlinks from your website(s) (the "Partner Site") to any of the Globet Sites (the "Links").
1.2 This Agreement replaces any and all previous terms and conditions for our affiliate program or any prior arrangements, agreements or understandings between you and Globet.
1.3 We may change or modify all or any part of this Agreement at any time at our sole discretion. Notice of any changes will be given by message to your email address 14 days in advance of any such changes. IF YOU DO NOT AGREE TO THE CHANGES YOU SHOULD TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. Your continued participation in our affiliate program after we have posted the changes will constitute binding acceptance by you of such changes. It is your responsibility to visit the Globet Sites frequently to make sure you are up to date with the latest version of this Agreement and its provisions.
1.4 You hereby acknowledge and agree that regulations 9(1) and 9(2) (Information to be provided by electronic means), 11(1) (placing of the order) of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to or have any effect under this Agreement.
2. Interpretation 2.1 In this Agreement (except where the context otherwise requires):
2.1.1 clause headings are included for convenience only and shall not affect the construction or interpretation of this Agreement; 2.1.2 the singular includes the plural and vice versa;2.1.3 any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists); 2.1.4 any reference to statute, statutory provision, act, ordinance, subordinate legislation, code or guideline(“legislation”) is a reference to that legislation and all other subordinate legislation made under the relevant legislation as amended and in force from time to time and to any legislation that re-enacts or consolidates (with or without modification) any such legislation.2.1.5 “the Group” means our ultimate holding company and any subsidiary companies of our holding company.2.1.6 “Intellectual Property Rights” means rights to all existing and future patents trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration thereof), know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/ or renewals thereof.
3. Your Application
To become a member of our affiliate program you will need to accept these terms and conditions by ticking the box indicating your acceptance below and completing and submitting an online application form. The application form will form an integral part of this Agreement. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful. If your application is successful we will email to you the necessary instructions as to what you must do to include the Links on the Partner Site. You shall provide us with true complete and up to date information when completing the affiliate application form and promptly update such information if all or any part of it changes from time to time. You shall also provide us with any such information as we may reasonably request from time to time.
4. The Links
4.1 You agree to give Globet your reasonable assistance in respect of the display, access to, transmission and maintenance of the Links. 4.2 You shall ensure that you do not place any Links on pages of the Partner Site aimed at persons under the age of 18 years.
4.3 In the event that you wish to place the Links on websites other than the Partner Site, you must first obtain Globet’s written consent. 4.4 Globet has the right to monitor the Partner Site to ensure you are complying with the terms of this Agreement and you shall provide Globet with all data and information (including, but not limited to, passwords) to enable Globet to perform such monitoring at no charge to Globet.
4.5 If we discover that your use or operation of any Link is not in compliance with the terms of this Agreement and/ or applicable law, we shall be entitled to take such measures as to render inoperative the Links used or operated by you and to immediately terminate this Agreement without notice to you. 4.6 You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are or may be identical, similar or confusingly similar to any of Globet’s trade marks, trade names, service marks or domain names and/ or Intellectual Property Rights registered or unregistered in any format or medium anywhere in the world or that may be created from time to time or otherwise include the word "Globet" or any variations or misspelled variations of each word or combination of words thereof, or include metatag keywords on the Partner Site or any site which are or may be identical, similar or confusingly similar to any of Globet’s trade marks, trade names, service marks or domain names and/ or Intellectual Property Rights from time to time or otherwise include the word "Globet" or any variations or misspelled variations of each word or combination of words thereof. You hereby agree that you may not perform or allow anyone to perform any act whatsoever designed to defeat the intention of this clause or in any way infringe any of Globet’s Intellectual Property Rights or otherwise act in bad faith in this regard. 4.7 Neither you nor your relatives, friends, employees, agents or advisors are eligible to become Customers (as defined below) and you shall not be entitled to any share of Net Revenue or any other remuneration from Globet in relation to such relatives friends, employees, agents or advisors. Relatives in this context shall include your spouse, partner, parent, child or sibling. 4.8 You hereby agree to, and hereby do fully indemnify us on demand and hold us entirely harmless from and against any and all losses, demands, claims, damages, costs, expenses, whatsoever (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses, VAT, or other taxes or impositions thereon if applicable) and/ or any and all liabilities suffered or incurred, directly or indirectly, by Globet in consequence of any breach by you of clause 4.6 or 4.8 above. 4.9 You shall not: 4.9.1 directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money or other benefit) for using the Links on the Partner Site to access the Globet Sites;
4.9.2 read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
4.9.3 in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Globet Sites; 4.9.4 engage in transactions of any kind on the Globet Sites on behalf of any third party, or authorise, assist, or encourage any other person or entity to do so; 4.9.5 take any action that could reasonably cause any end user confusion as to our relationship with you, or as to the site on which any functions or transactions are occurring; 4.9.6 other than providing the Links on the Partner Site in accordance with this Agreement and any promotion contemplated by clause 4.09, post or serve any advertisements or promotional content promoting the Globet Sites; 4.9.7 post or serve any advertisements or promotional content promoting the Globet Site or otherwise around or in conjunction with the display of the Globet Sites (e.g., through any "framing" technique or technology or pop-up windows or pop-under windows), or assist, authorise or encourage any third party to take any such action;
4.9.8 attempt to artificially increase monies payable to you by Globet; 4.9.9 cause the Globet Sites (or any page thereof) to open in a visitor's browser other than as a result of the visitor clicking on a Link on the Partner Site; or 4.9.10 attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on any website that participates in our affiliate program. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement. 4.10 If you contact any of your users to promote the Globet Sites or the Links, you shall make clear in the body of any such communication that such communication is made without the knowledge or involvement of Globet and that any complaint that the relevant user may wish to make should be addressed to you and not Globet. 4.11 In any event, you shall inform users of the Partner Site ("Users"), via a privacy policy or other appropriate means, that tracking technology will be installed on the Users hard drive when a User clicks on the Links. You shall provide Users with the opportunity to reject the installation of such tracking technology in accordance with Regulation 6 of the Gibraltar Privacy and Electronic Communications (EC Directive) Regulations 2003. 4.12 You shall comply with all applicable laws and any policies notified by Globet to you or otherwise in relation to money laundering and/ or the proceeds of crime.4.13 All taxes due in connection with any Net Revenue, commissions, remuneration or payments to you are your sole liability and responsibility. You are responsible for complying with the rules and regulations (if any) applicable for registering for and paying income tax and similar taxes or impositions in respect of your income from this Agreement and for collecting and paying the income tax and social security contributions in respect of your staff (if any).
5. Globet’s Obligations 5.1 Globet shall supply you with the Links for inclusion on the Partner Site and may update such Links from time to time. 5.2 Subject to you complying with Globet's instructions with regard to tracking Customers accessing the Globet Sites via the Links on the Partner Site, Globet shall use its best endeavours to ensure that whenever a Customer (as defined below in clause 6.3) links to the Globet Sites through the Links on the Partner Site and they subsequently place a bet with Globet, the relevant Customer is identified as originating from the Partner Site. However, Globet shall not be liable to you in any way if Globet is unable to identify a Customer as originating from the Partner Site. 6. Payment 6.1 Globet shall pay you (in accordance with the provisions of clause 6.4) the currently published percentage (as detailed on the commission page of your Globet Affiliate account) of Net Revenues (as defined below) received during the Term (as defined below) which commission page shall form an integral part of this Agreement. 6.2 "Net Revenues" shall mean all gross monies received by Globet from Customers through the Globet Sites less all of the following: (i) monies paid out to Customers as winnings; (ii) monies paid in the form of betting duties or taxes or other statutory deductions; (iii) bad debts; (iv) monies attributed to fraud; (v) returned or withheld stakes; (vi) provisions for transactions which are reversed by instruction from the card-holder's bank (commonly referred to as charge-backs); (vii) any monies received from Customers who bet with Globet via a platform owned or operated by a third party; (viii) the cost of ‘bonuses’, ‘free bets’ or ‘free chips’ provided to Customers as a promotional or marketing activity; and (x) any Third Party Royalty which any member of Globet must pay in respect of any Customers. "Third Party Royalty" shall mean any royalty or revenue share which Globet must pay to a third party in order to lawfully exploit any technology or other product used from time to time on the Globet Sites. "Customers" shall mean visitors from the Partner Site who enter the Globet Sites directly through and via the Links and who provide customer registration information to Globet (including without limitation the provision of age, full name, address and a valid email address) and for whom Globet opens an account and such visitor places a bet with Globet and is not at that time an existing customer of Globet or any other company within Globet’s Group. 6.3 Globet shall provide you with statements accessible through the website at www.globetpartners.com detailing the number of Customers and your share of Net Revenues, if any, which have accrued to you over the course of a calendar month. At the end of the calendar month period, Globet shall record your total share of Net Revenues, if any, during the previous a calendar month ("Revenue Share"). In the event that a Revenue Share in any a calendar month period is a negative amount, Globet shall be entitled but not obliged to carry forward and set off such negative amount against future Revenue Shares which would otherwise be payable to you. However Globet shall also be entitled but not obliged to zero the negative balance that would otherwise be carried forward. If a Revenue Share does not exceed 100 Euros, Globet shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds 100 Euros, at which time payment shall be made in accordance with the provisions of this clause 6. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than 100 Euros in any given a calendar month period. 6.4 Subject to clause 6.3 above, at the end of the a calendar month period the relevant Revenue Share payable by Globet to you shall be automatically raised and paid out (in accordance with clause 6.3) within 60 days of the end of the relevant a calendar month period. Such Revenue Share shall be paid in Euros, exclusive of VAT or other taxes or impositions if applicable. 6.5 If an error is made in the calculation of your share of the Revenue Share, Globet reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by Globet to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time). 6.6 For the avoidance of doubt, the terms and conditions of this Agreement take precedence over any promotional or bonus schemes or initiatives on our part.
7. Intellectual Property 7.1 Globet grants you a non-exclusive worldwide licence revocable by Globet at will to display the Globet brand features during the Term solely for the purposes of the display of the Links by you on the Partner Site as set out in this Agreement and in accordance with Globet’s guidelines as may be provided to you from time to time. All Intellectual Property Rights and any goodwill in, under, arising out of, or in connection with the Links and in all products, associated systems and software relating to the services provided by Globet to its customers from time to time shall remain the sole and unencumbered property of Globet. You are not permitted to use the Globet brand in any way that is or may be detrimental to Globet or the reputation or goodwill of Globet. You are not permitted to alter or modify in any way the Globet brand without the express prior written consent of Globet. 7.2 You agree that the Partner Site shall not resemble in any way the visual appearance, functionality look and/or feel of the Globet Sites, nor will you create the impression that the Partner Site is the Globet Sites (or any part thereof).
8. Warranties 8.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licences granted in this Agreement and to perform all of its obligations under this Agreement. 8.2 You warrant, represent and undertake to us that you have obtained and will maintain in force all necessary registrations, authorisations, consents and licences to enable you to fulfill your obligations under this Agreement and that you fully comply with, and shall continue to fully comply with, any and all applicable laws and regulations. 8.3 You represent, warrant and undertake that the Partner Site shall contain no material which is defamatory, pornographic, unlawful, harmful, threatening, , obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third party rights and shall not link to any such material. 8.4 You warrant that you shall at all times comply with the provisions of the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related legislation and you shall indemnify on demand and hold harmless Globet from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Globet in consequence of any breach by you of this warranty. 8.5 You understand that Gambling laws may vary from City to City, State to State, and Country to Country. You Warrant that you have independently evaluated the laws that apply to your activities and believe that you may participate in our affiliate programme or network without violating any applicable rules or laws.
9. Disclaimer We make no representation that the operation of the Globet Sites will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
10. Indemnity You (the "Indemnifying Party") shall fully indemnify and hereby do fully indemnify on demand and hold entirely harmless Globet and each of Globet’s associated companies, associates, officers, directors, employees, agents, shareholders and partners (the "Indemnified Parties") from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses, loss of profit, reasonable legal costs and expenses and VAT or any other taxes or impositions thereon if applicable) and/ or any and all liabilities suffered or incurred, directly or indirectly, by any of the Indemnified Parties in consequence of any breach, non performance or non observance by the Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in this Agreement.
11. Exclusion of Liability 11.1 Nothing in this clause 11.1 shall limit either party’s liability for death or personal injury directly arising out of, or resulting from that party’s negligence or fraud. 11.2 Globet shall not be liable, in contract, tort (including without limitation negligence) or for breach of statutory duty or in any other way for: 11.2.1 loss of revenues, profits, contracts, business or anticipated savings; or 11.2.2 any loss of goodwill or reputation; or 11.2.3 any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of this Agreement, or any other matter under this Agreement. 11.3 The liability of Globet shall not, in any event, exceed the sum of the total monies paid by Globet to you over the 12 month period preceding the date on which such liability accrued if and when such liability is duly substantiated by you and providing Globet with documentary evidence thereof. 11.4 We make no warranties or representations (whether express or implied by law, statute or otherwise) with respect to the Globet Sites, Partner Site, network, our websites, sites, or any content, products or services available therein or related thereto or that the same (or any website system, network, software or hardware, irrespective of whether it is ours or provided by a third party) will be error-free or uninterrupted or with respect to the quality, merchantability, fitness for purpose or suitability of any and all of the foregoing except as expressly stated hereunder. All warranties, representations and implied terms and conditions are hereby excluded to the fullest extent permitted by law.
12. Term and Events of Default 12.1 This Agreement shall start on the date that we notify you that your application has been successful in accordance with clause 3 above. This Agreement shall continue thereafter unless and until terminated in accordance with clauses 12.2 or 12.3 (“the Term"). 12.2 Notwithstanding clause 12.1 above, either party ("the Non-Defaulting Party") may terminate this Agreement with immediate effect by written notice to the other party ("the Defaulting Party") if: 12.2.1 the Defaulting Party commits a breach of its material obligations under this Agreement and in the case of a remediable breach, fails to remedy it within 30 days of the date of receipt of notice from the other; or 12.2.2 the Defaulting Party becomes insolvent or unable to pay its debts, proposes a voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets or if any petition shall be presented, order shall be made or resolution passed for its winding up (except for the purposes of a bona fide amalgamation or reconstruction), bankruptcy, liquidation (voluntary or under the Courts supervision) or dissolution or if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, or it ceases to carry on business or if it claims the benefit of any statutory moratorium or is otherwise unable to pay its debts as and when they fall due. 12.3 Either party may terminate this Agreement on delivery of four weeks, prior written notice to the other party. 12.4 Each party shall forthwith give notice in writing to the other party of any event contemplated by clause 12.2.2 above which is anticipated to, or occurs during the Term and which would entitle the other party to bring the Term to an end. 12.5 Without prejudice to clause 12.3, we hereby reserve the right to terminate this Agreement at any time and for any reason immediately by delivery of written notice to you. 12.6 The parties shall have no further obligations or rights under this Agreement after the end of the Term, without prejudice to any obligations or rights which have accrued to either party at the time when the Agreement ends save that those other clauses the survival of which is necessary for the interpretation or enforcement of this Agreement, shall continue to have effect after the end of the Term.
13. General 13.1 This Agreement constitutes the entire agreement, arrangement and understanding between the parties hereunder and supersedes any previous agreement, arrangement or understanding between the parties relating to, or in connection with the subject matter of this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud. 13.2 If either party fails to pay by the due date any amount payable by it under this Agreement, the other party shall be entitled but not obliged to charge simple interest on the overdue amount, from the due date up to the date of actual payment, at the rate of 3% per cent per annum above the base rate for the time being of Barclays Bank Plc. 13.3 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently. 13.4 You shall not without the prior written consent of the other party assign at law or in equity (including without limitation by way of a charge or declaration of trust), sub-license or deal with this Agreement or any rights under this Agreement, or sub-contract any or all of its obligations under it or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee. 13.5 If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect. 13.6 Any notice given or made under this Agreement to Globet shall be by email to affiliates@globet.com. Globet shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to Globet. Any notice shall be deemed to have been received within two hours of delivery provided that if deemed receipt occurs before 9.00a.m. on a Business Day the notice shall be deemed to have been received at 9.00a.m. on that day, and if deemed receipt occurs after 5.00p.m. on a Business Day, or on any day which is not a Business Day, the notice shall be deemed to have been received at 9.00a.m. on the next Business Day. "Business Day" shall mean any day which is not a Saturday, a Sunday or a bank or public holiday in Gibraltar or the United Kingdom. 13.7 Each party undertakes that it will not at any time hereafter use, divulge or communicate to any person, except to its professional representatives or advisers or as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other party or of any member of the group of companies to which the other party belongs which may have or may in future come to its knowledge and each of the parties shall use its best endeavours to prevent the publication or disclosure of any confidential information concerning such matters. 13.8 Nothing in this Agreement is intended to or shall operate to create a partnership betweenthe parties, joint venture, association, employer/ employee relation or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). 13.9 Neither party shall make any announcement relating to this Agreement or its subject matter without the prior written approval of the other party except as required by law or by any legal or regulatory authority of competent jurisdiction. 13.10 This Agreement (including any variation or modification thereto) shall be deemed executed in Gibraltar and shall be governed by and construed in accordance with the laws of Gibraltar without giving effect to conflicts of law principles. You irrevocably agree that, subject as provided below, the courts of Gibraltar shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of or in connection with, or concerning this Agreement or its enforceability. 13.11 In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail in every particular. 13.12 Globet reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms and conditions set out in this Agreement.
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