Terms & Conditions
BetEasy – Affiliate Program Agreement
Last updated 27 June 2018 by BetEasy Pty Ltd Australian Business No: 18 162 554 707
To apply for an Affiliate Account, complete and submit the Registration page on the BetEasy Affiliate website.
BetEasy will review an application to open an Affiliate Account and confirm via email or phone whether an application has been approved. BetEasy may request further information from an applicant to assist in reviewing an application.
BetEasy reserves the right to change any of these Terms and Conditions at any time by publishing new terms or conditions on the BetEasy Affiliate Website. BetEasy will use its best endeavours to notify all Affiliates of changes to these Terms and Conditions.
In these Terms and Conditions, the following terms have the meanings set out below, unless the context requires otherwise.
“Affiliate Account” means the account provided to an Affiliate for customer tracking, reporting and BetEasy payment management purposes.
“Affiliate Customer” or “Affiliate Customers” means an approved customer of BetEasy who by way of referral from an Affiliate’s activities has been tracked and designated to an Affiliate account.
"Business Day" means a weekday when the major trading banks are open in both Sydney and Melbourne.
“Confidential Information” means all information of a confidential or trade secret nature relating to the Affiliate, BetEasy and/or their Related Entities, respective clients and suppliers and staff disclosed by BetEasy to the Affiliate (whether in writing, verbally or by any means and whether directly or indirectly), including such information disclosed by BetEasy before an Affiliate Account was created.
“BetEasy Affiliate Website” means www.beteasyaffiliates.com.au;
“BetEasy Identification” means all BetEasy trademarks, logos, artwork, graphics and designs either owned by or associated with BetEasy.
"Insolvency Event" includes the appointment of a liquidator, provisional liquidator, official manager, receiver, receiver and manager, controller, administrator or other like person, a compromise, arrangement, merger, amalgamation, reconstruction, winding up, dissolution, assignment for the benefit of creditors, scheme, composition or arrangement with creditors, insolvency or other similar procedure.
“Intellectual Property” means all intellectual property, including patents, utility models, rights in designs, copyright, trademarks, moral rights, topography rights, rights in databases, trade secrets and know-how, in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Website” means www.BetEasy.com.au. And any BetEasy mobile device or tablet application(s).
In these Terms and Conditions, the following rules apply, unless the context requires otherwise.
- All references to we, us and our (or similar) are references to BetEasy;
- All references to you or your (or similar) are references to the Affiliate;
- Headings are for reference purposes only and do not affect the meaning or interpretation of these Terms and Conditions.
- Words in the singular include the plural and vice versa.
- A gender includes all genders.
- If a word or phrase is defined in these Terms and Conditions, its other grammatical forms have a corresponding meaning.
- A reference to:
- the Affiliate includes any employee, manager, director, contractor, representative or agent of the Affiliate;
- dollar or $ means Australian dollars;
- a document includes an amendment or supplement to, or a replacement or novation of, that document;
- legislation includes any amendment to it, any consolidation or replacement of it, and any subordinate legislation issued under it;
- a month is a reference to each successive month, commencing on the Commencement Date;
- a party includes that party's executors, administrators, successors and assigns;
- a party, recital, clause, schedule or appendix is a reference to a party, recital, clause, schedule or appendix of or to these Terms and Conditions;
- a person, corporation, trust, partnership, unincorporated body or other entity includes any of them; and
- a year is a reference to each successive period of twelve months, commencing on the Commencement Date.
- Examples are descriptive only and not exhaustive.
2. BetEasy OBLIGATIONS
BetEasy will provide the infrastructure, technology, human resources and investment required to operate an approved online wagering business through the Website.
Subject to these Terms and Conditions, BetEasy will provide the Affiliate with:
- an Affiliate Account, which is accessible via the BetEasy Affiliate website www.beteasyaffiliates.com.au.
- marketing materials and tracking links via the BetEasy Affiliate website to assist you with referring Affiliate Customers; and
- a unique login to the BetEasy Affiliate software to allow you to access daily and monthly reports (Wagering Report) on wagering transactions.
During the Term, BetEasy will:
- register Affiliate Customers via the Website; and
- pay You Commissions in accordance with condition 8 (Commission).
3. AFFILIATE CUSTOMERS
All new BetEasy customers who:
- sign up to BetEasy through the Affiliate’s referral activities; and
- have been tracked and designated to the Affiliate’s account; and
- deposit into their BetEasy account and place a wager within 45 days of signing up to BetEasy,
will become Affiliate Customers.
Existing BetEasy customers are ineligible to become Affiliate Customers.
In the event that BetEasy detects that an Affiliate Account is a duplicate account which belongs to an existing BetEasy customer, the duplicate account and Affiliate Account will be deleted. The Affiliate is not entitled to any Commission from duplicate accounts.
In the event that an Affiliate Customer does not place any cash wagers within any consecutive 6 month period from the date of their most recent cash wager with BetEasy, BetEasy may, at its discretion, no longer treat the customer as linked to the Affiliate’s Affiliate Account. In such circumstance, BetEasy may close that customer’s account or reassign that customer to an alternative Affiliate Account.
BetEasy will make all reasonable endeavours to ensure that Affiliate Customers participate in wagering activities with BetEasy in accordance with its usual course of business.
BetEasy may close Affiliate Customer accounts with BetEasy in accordance with its terms and conditions, statutory and regulatory requirements including, for example, on grounds relating to Responsible Gambling.
4. AFFILIATE GUIDELINES
The Affiliate agrees to comply with all guidelines and reasonable directions provided to it by BetEasy in relation to its Affiliate Account and these Terms and Conditions.
Any breach of the Affiliate Guidelines (Schedule 1) by the Affiliate will be considered a breach of these Terms and Conditions.
5. AFFILIATE OBLIGATIONS AND RESPONSIBILITIES
The Affiliate agrees that it will:
- not trade as, or be associated with a third party wagering investment business or company which offers wagering syndicate investment services on racing or sports (unless otherwise agreed by BetEasy in writing);
- ensure that all marketing and promotional materials which it produces comply with all applicable Laws;
- ensure that all marketing and promotional materials comply with all applicable responsible gambling requirements and any responsible gambling direction or guidance provided from BetEasy from time to time;
- ensure that its advertising, marketing and promotions do not negatively affect the reputation of BetEasy;
- promptly update its site with new images provided by BetEasy, from time to time;
- display such graphic and/or textual images prominently in relevant sections of its website(s);
- keep all relevant account and password details secure and confidential;
- not do or permit anything to be done that may harm the goodwill, name or reputation of BetEasy;
- use its best endeavours to maintain and promote the image of BetEasy; and
- use its best endeavours not to be involved in a situation that brings BetEasy into disrepute, contempt, scandal or ridicule.
The Affiliate undertakes that it will not:
- Promote wagering to under 18s;
- Promote sexually explicit, violent or discriminatory content;
- Violate intellectual property rights of BetEasy or any third party;
- Pass-off BetEasy as their own business or brand via advertising on social media or other related public domains or acquires domains containing the BetEasy term. Any advertisements on social media by you referencing BetEasy must be approved by BetEasy in writing prior to publication and comply with the relevant social media platform’s guidelines. Advertisements published by you must clearly be promoted as advertisements and social platforms that use language based promotions, such as “Tweets via Twitter”, need to contain hashtags such as #ad, #advert, #spon, #sponsor or similar identifiable wording.
- Use or bid on keywords or phrases that contain BetEasy or BetEasy.com or BetEasy.com.au, BetEasyRewards or BetEasyRewards.com BetEzy.com.au, EasyBet, EzyBet, Draftstars or variations thereof. This includes, and is not limited to specified search engines, websites or other channels that include: Google, NineMSN, Yahoo7, Bing and Dogpile.
Affiliate agrees to obtain the approval of BetEasy for any advertising prepared by it to allow BetEasy to conduct a legal review of such advertising.
The Affiliate acknowledges that should it breach any of clauses 5.1, 5.2 or 5.3 BetEasy may suspend or terminate the Affiliate Account.
The Affiliate must use reasonable endeavours and best commercial efforts to actively and effectively market and promote BetEasy as widely as possible in order to maximize the financial benefit to both parties and at all times in accordance with all applicable laws.
The Affiliate must obtain written approval from BetEasy of all advertising, marketing and promotional materials (including but not limited to social, online, email, SMS, print, outdoor, television radio or other marketing activity) which refer to BetEasy or contain any of BetEasy’s Intellectual Property. BetEasy must not unreasonably withhold such approval.
Save for marketing materials supplied by BetEasy, the Affiliate is responsible for all costs and expenses incurred in connection with the Affiliate’s advertising, marketing and promotion of BetEasy and the Affiliate.
It is the responsibility of the Affiliate to ensure that the correct tracking link provided by BetEasy is used on the Affiliate’s website and within email newsletter offers the Affiliates send to its database members.
The Affiliate’s promotional banners and tracking links may not be placed within unsolicited emails, unauthorised newsgroup postings, chat rooms, through the use of “bots”, or through any means that is considered illegal. Individuals who open BetEasy accounts as Affiliate Customer’s through such banners and links will be excluded from any Commission the Affiliate is entitled to under clause 8.
The Affiliate must at all times comply with Australian Privacy Laws and the SPAM Act and must not engage in unauthorized and unsolicited email communications, spoofing, or unlawful telemarketing practices including the Do Not Call Register Act.
The Affiliate must at all times comply with Australian Privacy Laws and the SPAM Act and must not engage in unauthorized and unsolicited email communications, spoofing, or unlawful telemarketing practices including the Do Not Call Register Act.
The Affiliate must ensure that it does not publish any gambling advertisement that includes an inducement to participate in gambling or open a gambling account that is published in or accessible by individuals in NSW. This applies to gambling advertisements that include inducements that are not available to NSW residents and include a disclaimer that the inducement excludes NSW residents.
For example, an advertisement for a sign-up offer such as “Join BetEasy today and receive $100 in bonus bets (excludes residents of NSW)” is prohibited and must not be published or accessible in NSW.
Clause 6.7 applies to (but is not limited to) gambling advertisements published on websites, social media, emails, SMS, television, radio, print media, outdoor or other digital media.
The Affiliate must only ever publish a gambling advertisement containing an inducement if:
(a) it is approved by BetEasy;
(b) it is not published or accessible in NSW (by, for example, the use of appropriate geo-blocking technology); and
(c) the Affiliate has satisfied BetEasy that the Affiliate has appropriate measures in place to ensure the gambling advertisement is not published or accessible in NSW.
Any breach of these requirements may result in immediate termination of your Affiliate arrangement.
7. BetEasy IDENTIFICATION
BetEasy grants a royalty-free, non-exclusive licence to the Affiliate for the period it holds an Affiliate Account to use the BetEasy Identification in connection with its Affiliate Account, subject to these Terms and Conditions (including all necessary approvals required under these Terms and Conditions) and other reasonable directions BetEasy may impose.
The rights conferred by these Terms and Conditions merely constitute a licence to use the BetEasy Identification for the purposes of the Affiliate Account and in accordance with these Terms and Conditions and do not confer any property right or interest in the BetEasy Identification.
The Affiliate must ensure that any authorised use by it of the BetEasy Identification complies with any trademark and logo usage requirements notified from time to time by BetEasy to the Affiliate.
Unless otherwise agreed with BetEasy in writing, the Affiliate will be paid 35% of the Net Revenue BetEasy earns from the wagering activities of the Affiliate Customers (Commission).
Unless otherwise agreed with BetEasy in writing, commission is calculated each calendar month (from the first to last day of each month). At its discretion, BetEasy may place an Affiliate on a quarterly calculation and payment arrangement.
Net Revenue is calculated using the following calculation:
Net Revenue = Gross Revenue – Costs
Gross Revenue is calculated by assessing the difference between the value of wagers staked by Affiliate Customers and winnings paid to Affiliate Customers on all settled wagers at the date of bet settlement.
Costs are calculated by taking into consideration:
- Turnover taxes, duties and product fees as administered by licensing authorities and Australian Governing Sporting Bodies;
- GST applied to profit and loss on customer wagering activities;
- Taxes (e.g. point of consumption tax) payable on wagering revenue;
- Any winnings paid out on free bets or bonus bets, BetEasy Rewards points, wagering bonuses and wagering incentives paid to Affiliate Customers;
- Charges and administration fees levied by electronic payment and credit card organisations and incurred as a result of credit checks and ID verifications; and
- Other applicable costs associated with Affiliate Customers.
Subject to clause 8.7, the Commission payable each month from a customer’s cash wagering activities is calculated independently on a month to month basis (unless a different period is agreed) and there is no negative carryover of a negative Net Revenue amount into the next month (or period).
Any negative Net Revenue generated from bonus bets in a particular month (or period) will be carried over into the next month (or period) calculation and added to the Net Revenue calculation for the following month(s) (period(s)).
Commission is calculated in accordance with BetEasy’s reasonable and good faith means of statistical analysis and customer tracking methods. The Affiliate may request an audit of raw data used for the calculation of Commission on the following terms:
- The Affiliate must travel to the BetEasy office to conduct the audit at a time agreed with BetEasy;
- The audit must be conducted at the Affiliate’s expense;
- The Affiliate must keep confidential all information obtained by it during the audit and must not disclose the information to any third party without BetEasy’s prior written consent.
9. PAYMENT OF COMMISSION
BetEasy will use reasonable endeavours to ensure that payment of Commission is made on the 15th of each month for Commission calculated in the preceding calendar month subject to receipt of a valid invoice by BetEasy.
BetEasy requires the affiliate to provide a Tax invoice to the BetEasy Affiliate manager for commission for the prior month following confirmation of the total commission earned for the period. The BetEasy Affiliate Manager will confirm the correct commission with the Affiliate. The Tax invoice should include; Tax Invoice number, Affiliate Business name, address, ABN or registered Business number, Bank Account name and banking details for EFT payment of commission.
Payment of Commission will be made by electronic funds transfer to the Affiliate’s nominated bank account specified on the invoice supplied by the Affiliate
10. WITHHOLDING OF COMMISSION
BetEasy may at its discretion withhold Commission otherwise payable to the Affiliate where the Affiliate is in breach of this these Terms and Conditions
Circumstances in which Commission may be withheld by BetEasy include (but are not limited to) Commission attributable to:
- suspected and fraudulent customer accounts;
- banned customers;
- customers deemed to be related to the Affiliate;
- customers signed up as an Affiliate Customer in a manner which is in breach of these Terms and Conditions; and
- an account which we suspect is being used for wagering losses rebate purposes.
11. PAYMENT DISPUTES
The Affiliate is entitled to dispute the calculation of Commission or amounts paid to the Affiliate in accordance with these Terms and Conditions by submitting a written request to BetEasy within 14 days of the end of the relevant month in line with the invoicing process outlined at 9.2.
12. WAGERING WITH BetEasy
The Affiliate is not permitted to wager with its Affiliate Account or sign up family members or partners as Affiliate Customers through its Affiliate Account.
Affiliates and family members (including partners) of Affiliates may hold an account and wager with BetEasy provided that account is not linked to the Affiliate Account.
The Affiliate shall keep confidential all Confidential Information and shall not disclose the same in any form or any information contained therein to any third party and shall use the Confidential Information solely for the purpose of performing its duties relating to its Affiliate Account and at all times in accordance with these Terms and Conditions.
The provisions of this Clause 13 shall not apply to any Confidential Information to the extent that such information:
- is in the public domain or becomes publicly known otherwise than by breach of this these Terms and Conditions; or
- is required to be disclosed by law, by any court of competent jurisdiction or by any other regulatory body provided that the Affiliate undertakes to give BetEasy not less than 5 Business Days’ notice of such required disclosure in writing wherever practicable.
The Affiliate agrees to be bound by this Confidentiality Term beyond the expiry or termination of its Affiliate Account.
14. SUSPENSION OF AFFILIATE ACCOUNT
BetEasy may, at is discretion, suspend the Affiliate’s account for any period of time in the event that the Affiliate is in breach of these Terms and Conditions or BetEasy suspects on reasonable grounds that the Affiliate is in breach of these Terms and Conditions.
In the event BetEasy suspends the Affiliate Account in accordance with clause 14, the Affiliate’s rights under these Terms and Conditions will be suspended for the period of suspension (including the items outlined in 2.1 and 2.3).
During a period where the Affiliate’s Account is suspended, the Affiliate would not be entitled to commission earnings through the period. BetEasy may, at its discretion, continue to pay the Affiliate for commission during a period of suspension.
15.1 Termination by either party
Either party may terminate the Affiliate Account by notice to the other party:
- A party suffers an Insolvency Event; or
- A party commits disreputable conduct which brings the other party’s name into disrepute; or
- At any time with or without cause by serving the other party a minimum of 30 days written notice (via email) of termination.
15.2 Termination by BetEasy
BetEasy may terminate the Affiliate Account immediately by notice to Affiliate if:
- The Affiliate breaches any term of these Terms and Conditions; or
- BetEasy considers, in its sole discretion, that the Affiliate is unsuitable to be an Affiliate; or
- The Affiliate fails to refer a minimum of four new cash depositing Affiliate Customers within any 3 month period; or
- The Affiliate, its directors, employees, contractors or representatives are in breach of any Law; or
- BetEasy sells its business to another person; or
- The Affiliate sells its business or any part thereof to a competitor of BetEasy.
15.3 Termination by the Affiliate
The Affiliate may terminate its Affiliate Account immediately by notice to Affiliate If BetEasy breaches any material term of these Terms and Conditions and fails to remedy the breach within 10 Business Days of receiving a notice from the Affiliate to remedy the breach.
16. EFFECT OF TERMINATION
Upon termination of an Affiliate Account all rights and licences of the Affiliate are immediately terminated and the Affiliate is required to immediately:
- Remove all tracking links and other sign-up related content from its website(s);
- Cease all use of BetEasy related advertising, marketing and promotional material;
- Cease promoting and representing any associate with BetEasy by any means;
- Cease all use of any BetEasy Intellectual Property; and
- Return and/or destroy any Confidential Information.
Upon termination the Affiliate:
- Will no longer have login access to their affiliate account through BetEasy’s Affiliate Website;
- will no longer be able to sign up any Affiliate Customers; and
- will, in BetEasy’s sole discretion, be entitled to receive unpaid Commission as set out in Clause 6 earned by you up to and prior to the date of termination;
If BetEasy allows customers referred by you to continue wagering after termination, this does not constitute or imply that You have an Affiliate Account with BetEasy, or a continuation or renewal of the terminated Affiliate Account, or a termination waiver. In such circumstances the Affiliate will not be entitled to any Commission for wagering activities which occur after the date of termination.
The Affiliate indemnifies BetEasy in respect of any liability, claim, demand, proceeding, damage, loss or cost arising out of or in connection with:
- any act or omission of the Affiliate in connection with these Terms and Conditions;
- any breach of these Terms and Conditions by the Affiliate;
- any negligence or any misleading or deceptive conduct by or on behalf of the Affiliate;
- any failure of the Affiliate to provide BetEasy with correct and accurate information; and
- any failure of the Affiliate to keep account details or passwords secure and confidential.
The Affiliate agrees that, to the fullest extent permitted by law, that BetEasy will not be liable to the Affiliate for any loss, damage, claim or cost arising out of:
- Any changes to the Affiliate program made by BetEasy, including any suspension or termination of the Affiliate program;
- Any issue arising out of or in connection with the Website, the Affiliate program, Your Affiliate Account or the running of BetEasy’s business as a sports bookmaker generally; or
- Any Affiliate Customer account closure or reassignment of Affiliate Customer as provided for in these Terms and Conditions.
Except as provided for in this clause and unless otherwise stated, all consideration (whether monetary or non-monetary) payable or to be provided in connection with an Affiliate Account is exclusive of GST.
No delay or failure by BetEasy to exercise or enforce at any time any right or provision of these Terms and Conditions shall be considered a waiver of BetEasy’s right to exercise or enforce each and every right and provision it has under these Terms and Conditions.
The Affiliate cannot assign, transfer, encumber or otherwise deal with its rights or obligations under these Terms and Conditions, or purport to do so, without the prior written consent of BetEasy.
If you sell your business or the majority shareholding of your company to another person, you must promptly make disclosure about the parties involved in the sale to BetEasy. BetEasy may require the Affiliate to enter into a new agreement with BetEasy or terminate the Agreement in accordance with clause 15.2(f).
If any provision of these Terms and Conditions shall be held illegal, invalid or unenforceable, in whole or part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable and the legality, validity and enforceability of the remaining provisions shall not be affected.
22. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions will create a joint venture, partnership or agency relationship between the Affiliate and BetEasy and neither party will represent that it is the joint venturer, the partner or the agent of the other party. The Affiliate acts as principal in all dealings and will be solely responsible for carrying our all of its obligations in relation to tis Affiliate Account.
23. GOVERNING LAW
The laws of Northern Territory govern these Terms and Conditions. The Affiliate submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Northern Territory in connection with its Affiliate Account.
Schedule 1 - BetEasy Affiliate Guidelines
- Affiliates must at all times comply with these Guidelines in addition to the terms of any agreement between BetEasy and the Affiliate.
- Affiliates are required to act in accordance and at all times comply with all rules, laws and regulations applicable to BetEasy’s operation as a licensed sports bookmaker. This includes, but is not limited to, Australian Consumer Law, privacy laws, the SPAM Act, advertising laws, gambling laws and inducement laws.
- If an affiliate is approved to promote BetEasy via telemarketing, the Affiliate must ensure it does not call anyone on the Do Not Call Register and must otherwise comply with the Do Not Call Register Act 2006. All phone numbers to be called should be washed against the DNCR within 30 days of making a call.
- Any breach of these guidelines by an Affiliate (including an Affiliate’s employees, contractors and representatives) is considered a breach of the agreement between BetEasy and the Affiliate which BetEasy can rely on to terminate that agreement.
Making available BetEasy Promotions
- Affiliates may only make available promotional offers to consumers that have been approved by BetEasy and in accordance with any terms and conditions relating to the offer.
- BetEasy may discontinue or change a promotional offer at any time at its discretion.
- Affiliates must prominently display any State-based exclusions or other key terms and conditions as contained on BetEasy supplied advertising collateral.
Affiliate Telephone Marketing
- In all telephone calls to consumers, Affiliates must identify themselves as being from the organisation they are employed by. Affiliates must not misrepresent that they work for or are otherwise representing BetEasy.
- All telephone calls made by Affiliates to consumers must be made in accordance with scripts that have been approved by BetEasy (including the Scenarios outlined on the following pages of this Guideline).
- If a prospective client says or makes it known that they do not wish to be contacted the Affiliate must professionally and courteously end the conversation. In no circumstances is the Affiliate to persist with making an offer to a prospective customer if they have made it clear that they do not wish to join BetEasy.
Offers to Victorian and South Australian residents
- In no circumstance are Affiliates allowed to offer residents of Victoria or South Australia any incentive or inducement to open a BetEasy account.
- Affiliates may only offer residents of Victoria and South Australia a deposit offer after they have opened an account. An Affiliate cannot imply that they can make such offers at any stage before a prospective customer opens an account.
- If a resident of Victoria or South Australia asks an Affiliate whether the Affiliate can offer it any sign up, deposit or similar offers, the Affiliate must clearly communicate to the consumer that the law prohibits them from making any such offers to residents of their particular state.
Offers to residents in other Australian States
- Affiliates may offer residents of all States and Territories (other than Victoria and South Australia) a verbal incentive to open a betting account via telephone, provided they comply with these guidelines.
- Affiliates must not offer residents of New South Wales, Western Australia, Victoria and South Australia any sign up, first deposit or similar offer that is published in any medium (e.g. on the BetEasy website, Affiliate website etc) which excludes residents of those states, even if they only offer the customer the promotion after they have opened an account. For example, if BetEasy has an advertised sign up offer “Matched first deposit bonus up to $100”, affiliates cannot offer that bonus to residents of those states at any stage including after they have opened an account.
- Any offer containing a sign up, deposit or other promotional offers must be approved by BetEasy.
If you have any queries regarding these Guidelines or your Affiliate Agreement in general, please contact Michael Liston on (03) 9257 3741 or at firstname.lastname@example.org.