1.- THE COMPANY.
This document aims to establish the General Terms and Conditions of Contract between the Platform "BETANDEAL©" and its Affiliates and/or users.
GLOBAL GAMING MARKETING SERVICES S.L., holder of the trade name and platform BETANDEAL, with registered office at 51001 Ceuta (SPAIN), Calle Camoens 4, Oficina 9, and fiscal identification code B51040673. The contact details mentioned are available to anyone with a legitimate interest in commercial, tax, civil, or judicial matters.
2.- COMPANY ACTIVITY: AFFILIATE MARKETING
2.1.- Definitions.
BETANDEAL© (hereinafter BETANDEAL) is a registered trademark.
BETANDEAL is an online platform dedicated to "affiliate marketing." Affiliate marketing is defined as the advertising activity carried out at the B2B level (BUSINESS TO BUSINESS), that is, from professional to professional, through which we promote the activity of our clients/advertisers on our platform (their products and services), which we make available to users of the platform (affiliates), so that they, in turn, promote to their followers or target audience the products and services that may interest them.
For example, if an affiliate has a website dedicated to sports, they will have more options to earn money if they promote relevant information for sports betting activities.
Therefore, the BETANDEAL platform is aimed at entrepreneurs or professionals who have a website, blog, or social network with a large number of followers, because in this way, they will have more possibilities to attract customers to the promoted products and services and, therefore, generate income.
The earnings that affiliates can obtain through our platform are variable and depend on the number of customers obtained and the conditions of each promotion offered by our clients/advertisers.
The products and services promoted through BETANDEAL are the exclusive property of our clients/advertisers. Thus, as we will say later, the conditions are imposed directly by our clients/advertisers, owners of the product and service promoted through the platform.
Therefore, affiliate marketing involves a wide variety of services that converge on the BETANDEAL platform, whose main objective is to help its clients maximize their profits, taking advantage of this platform to reach an undetermined number of potential customers.
The type of product and service promoted through our platform focuses especially on the online gambling market, sports betting in general, finance, and others such as attracting an audience to social networks.
In this way, BETANDEAL operates as a platform with an eminently advertising purpose, which seeks to put clients or advertisers in contact with their potential clients or players, all through affiliates, who are the ones who have the potential audience to promote the product or service.
2.2.- Parties involved.
That said, the subjective relationship in the field of affiliate marketing is of a tripartite nature and all of them converge on our affiliate platform.
Thus, we speak of the following subjects:
Client or advertiser (game operator, betting house, broker, etc.) who is offered on the BETANDEAL platform.
Affiliate (who, through proper registration on our platform, accesses the activities, products, and services promoted by BETANDEAL and promotes them among their target audience -players-).
Players (end consumer, who accesses through the affiliate).
These three subjects converge on the affiliate platform: the first, to promote their activities, products, and services; the second, to request access to them and promote them among their target audience (players, followers), and the third, are those who access the activities, products, or services of the first, through the links that affiliates make available through their website, blog, or social network.
Through the relationship described above, clients or advertisers (game operators, betting houses, brokers, etc.) remunerate the services by virtue of the referred traffic (number of customers obtained by our affiliates). All of the above is done through links, by virtue of which clients/advertisers know how many end consumers have been sent through BETANDEAL and, in turn, BETANDEAL knows how many end consumers have been sent by each affiliate.
In any case, the activities, products, or services of clients or advertisers (campaigns, bonuses, offers, etc.), although promoted through the BETANDEAL platform, are the exclusive property of the advertisers, without BETANDEAL having any rights over them, beyond mere publication or promotion. However, BETANDEAL will inform affiliates of any circumstance regarding the validity, expiration, and essential conditions of said activities, products, or services.
In this way, affiliates will be able to access, within the platform, the section that interests them most, so that they can request access and promotion of the products or services that advertisers have active on the platform and, in turn, offer them to potential customers who follow them on their blogs, websites, social networks, etc. BETANDEAL makes available to affiliates, through the platform, access to the activities promoted by its clients or advertisers. However, effective access to these activities and the possibility for affiliates to promote them is at the sole discretion of the client or advertiser, as they are the exclusive owner of the campaign, activity, bonus, offer, etc., promoted on the platform, who may reject the registrations of referred users according to their internal policy.
Compliance with current regulations on responsible gaming is the exclusive responsibility of clients or advertisers, without BETANDEAL having any responsibility in this regard, since its involvement is limited exclusively to the marketing of its activities, products, or services.
Affiliates will promote the activities, products, and services of our clients or advertisers through personalized links that BETANDEAL will make available to them, and affiliates will be solely responsible for complying with the legislation and regulatory requirements related to the advertising of gambling activities in the jurisdiction where they carry out their activity.
In any case, affiliates must always comply with the instructions, minimum requirements, and conditions established by clients or advertisers. The use of links by the Affiliate implies the automatic acceptance of the conditions and requirements that the client/advertiser may have established.
In each campaign or promotion, minimum conditions or actions required by clients or advertisers for the valid registration of referred users and accrual of remunerations may be required. In this regard, attention is drawn to the warning contained in the terms and conditions, as well as to the so-called fraudulent players or users.
A "fraudulent player" will be defined in each case by the client/advertiser/operator. The qualification of a player as fraudulent is the sole discretion of the client/advertiser/operator and implies the impossibility of receiving any remuneration for their conversion, being removed from the campaign. The Affiliate may not, in any case, dispute such assessment and its consequences.
"Bots" will always be considered fraudulent players since they are not real players.
Players are responsible for complying with the requirements demanded by operators regarding the minimum operating age, location, etc.
3.- COMPENSATION: COMMISSIONS FOR AFFILIATION
The most common commissions in affiliate marketing are as follows:
CPA: Cost Per Acquisition (also called Cost Per Action).
CPA is generated upon completing a specific action required by the advertiser/operator. These conditions are defined directly by the advertiser/operator.
CPL: Cost Per Lead.
CPL is generated and released for each registration or completed form.
RS: Revenue Share.
It is a percentage derived from the net profits of the advertiser/operator for each player converted or referred by the Affiliate.
Hybrid Commissions: These are composed of a combination of the above.
4.- AGREEMENTS OF FIXED ACTIONS, COMPENSATION, AND PENALTIES
In the event that the Affiliate has agreed with us to carry out specific actions in exchange for a fixed compensation, he/she undertakes to carry out the agreed actions in a complete and timely manner, as established in each specific case.
If nothing to the contrary is indicated, the actions to be carried out will be compensated on a monthly basis and the specific conditions that may be established between us and the Affiliate through email or through the acceptance of information exchange on the platform will be sufficient and valid.
These actions may include, among others, publications on social networks, brand mentions, creation of specific content, participation in promotional events, and any other previously agreed-upon activity.
Unless otherwise provided in the particular agreement between the parties, agreements for fixed actions shall entail during their duration the exclusive right of BETANDEAL to manage the advertising of the Affiliate's channel or medium of dissemination, in its activity and sector in the broadest sense, so that during the term of the agreement for fixed actions, the Affiliate shall refrain from incorporating or carrying out any advertising activity with content from other companies in direct or indirect competition with BETANDEAL or with products or services identical or similar to those of the content being promoted, which are not indicated or authorized by BETANDEAL.
Violation of the above by the Affiliate shall result in the termination of the agreement without the Affiliate's right to receive any compensation, and the Affiliate shall return any amounts that he/she may have received under the specific assignment, as a penalty of economic content freely determined by both parties, resolving the assignment.
The penalty described above does not exclude BETANDEAL right to take additional measures to remedy the breach and claim additional damages that may arise as a result thereof.
5.- REGISTRATION.
Registration on BETANDEAL makes the user an Affiliate, so he/she will have access to the private part of the platform.
To carry out the registration, in addition to accepting the current terms and conditions, it is also necessary to accept the privacy policy, in which we will request the necessary data to carry out the registration and we will request the Affiliate's permission for the processing of his/her data, which, as stated in the privacy policy section, will be used exclusively for the development of BETANDEAL's activity, being its purpose, the maintenance and development of the commercial relationship itself and to comply with these contractual Terms and Conditions.
To register as an Affiliate on BETANDEAL, it is an essential requirement to be of legal age.
The Affiliate must ensure that the content hosted on his/her website, channel, social network, platform, or means of dissemination does not infringe current legislation, nor the intellectual, industrial, or any other rights of third-party companies or persons, being solely responsible for the consequences of any kind of judicial or extrajudicial action that may, where appropriate, be initiated by said third-party companies or persons against BETANDEAL and/or group companies and/or the BETANDEAL platform, and shall assume personally and exclusively, any damages, expenses, and judicial or extrajudicial costs that may be caused. The Affiliate is solely responsible for the information given and/or displayed on his/her website, as well as for compliance with the specific regulations subject to inclusion on said website.
The Affiliate shall be liable for any damages and/or losses of any kind that BETANDEAL and/or group companies and/or the BETANDEAL platform may suffer as a result of the Affiliate's breach of the Law or any of the general and/or specific conditions set forth in this agreement.
BETANDEAL, aside from other breaches that may empower it, reserves the right to terminate collaboration with the Affiliate and cancel the latter's account under the following circumstances:
In case of inactivity by the Affiliate, understood as the cessation in the generation of referred traffic from the Affiliate to BETANDEAL, within a period of six consecutive months.
In the event that the Affiliate does not provide BETANDEAL with information regarding the means and manner in which the campaigns are being carried out.
In case of fraudulent traffic, understood as: players with duplicate IPs, fake players, incentivized traffic, accounts created without activity (players must frequently bet in the betting house), clear abuse of the acquisition commission or abuse of the welcome bonus; whether carried out directly by the Affiliate or by the players referred by him/her.
The termination of the agreement and the closure of the account shall entail the termination of all economic rights of the Affiliate, without the right to any compensation or payment for its termination, for damages and losses, from the date of termination, even if there is a pending balance to be paid to the Affiliate's account.
6.- AFFILIATE'S PRIVATE SECTION, PAYMENT, AND RECORDING OF REMUNERATION
Our platform will automatically record the results of each Affiliate for each campaign they have promoted to their consumers. These data can be viewed by the Affiliate in their private section, accessible from the BETANDEAL platform where they will have a username and password.
For the calculation of remuneration, only the results verified and collected by our clients will be considered. The final result for each campaign will always depend on the number of referred or converted users captured by the Affiliate who meet the established conditions.
The affiliate undertakes not to generate or contribute to generating simulated traffic on their website(s) or channels by using robots or any other mechanism for automatic traffic generation. Similarly, BETANDEAL holds the affiliate responsible for the traffic coming from their website(s) and will assume the consequences that may arise if it is simulated. In any case, the affiliate must notify BETANDEAL of any simulated, improper, or unlawful use regarding any of their affiliate programs.
In the event that BETANDEAL detects the generation of simulated traffic by an affiliate, it may terminate this collaboration agreement, which includes the possibility of excluding them from participating in other affiliate programs available on its website. Alternatively, the affiliate will lose the right to the accumulated remunerations pending payment for all BETANDEAL affiliate programs in which they have participated up to the moment the detection of simulated traffic is communicated. This communication will be made in writing, which may be sent as an email, fax, or regular mail.
In this way, in the private section of each affiliate, BETANDEAL will update the status of economic earnings, where they can see the number of players converted in each campaign and the amount generated as commissions.
To receive payment, the Affiliate only needs to issue the invoice on the platform and select whether they prefer to receive payment by bank transfer, SKRILL, or any other payment method available on the platform at any given time.
7.- TECHNICAL SUPPORT, RESOLUTION OF DOUBTS, AND INCIDENTS
BETANDEAL provides the email support@betaldeal.com for resolving any technical doubts or incidents that may arise in the use of the platform.
Users can also contact us through any of the means specified on the main page of the platform.
8.- COOKIES
The BETANDEAL platform uses cookies intended to improve the user experience, so we request that you accept their use when using the website.
9.- MODIFICATION
BETANDEAL reserves the right to modify any of the terms and conditions contained in this Agreement or to replace it at any time and at our sole discretion by posting a notice of change or a new agreement on our website. Modifications may include, for example, changes in the scope of commissions and program rules with our users. If any modification is unacceptable to the user, they may terminate this Agreement without the right to compensation. Your continued participation in our affiliate program after we post a notice of change or a new agreement on our site will constitute implicit and binding acceptance of the modification or new agreement.
10.- RELATIONSHIP BETWEEN THE PARTIES
The relationship arising between the parties as a result of this agreement will not constitute or be deemed to constitute a franchise, joint venture, or partnership between the parties, nor will it make the user an employee or agent of BETANDEAL in any sense. The affiliate is not authorized or empowered to bind BETANDEAL or contract on its behalf, nor to make statements or warranties, express or implied, on behalf of BETANDEAL or in relation to any product, nor can the affiliate in any way establish any commitment on behalf of BETANDEAL, and the affiliate must indicate in all their communications or agreements related to affiliation that they are acting exclusively on their own behalf.
11.- LICENSES AND USE OF BETANDEAL'S LOGOS AND TRADEMARKS
Each party will retain all intellectual property or other rights over their respective names, logos, trademarks, databases, and any other assets protected by current regulations. Nothing in this agreement will be interpreted as a waiver or transfer of the rights belonging to each of the parties, derived from intellectual or industrial property over the assets that such regulations govern. BETANDEAL grants the user a revocable, non-exclusive license to use, reproduce, and transmit the distinctive signs of its ownership (logos, brand, buttons, banners, and texts) on its website or channel, solely for the exclusive purpose of creating hypertext links between their respective sites, and may not in any case, except as expressly contemplated in this document, copy, distribute, modify, transform, or create derivative works from them. The user may not include or make use in any way of the word "BETANDEAL," as well as any variant thereof that has the effect of associating it with the same outside the conditions provided in this contract. The user shall not create, publish, distribute, or authorize any written material referring to BETANDEAL without prior written consent. BETANDEAL is not responsible for the information or content of users' websites or channels.
12.- INDEMNIFICATION
Under this agreement, the user agrees to indemnify and hold BETANDEAL and its platform, as well as its directors, executives, employees, representatives, shareholders, partners, members, and other owners, harmless from any claims, actions, demands, liabilities, losses, damages, lawsuits, agreements, costs, and expenses (hereinafter "Losses"), to the extent that these Losses (or actions with respect to them) derive from (1) judicial proceedings related to the use of Affiliate Marks for infringement of trademark, trade name, copyright, license, intellectual property, or other property rights of third parties, (2) falsification of statements or warranties subscribed by the user through this agreement or for breach of any of the covenants contained therein (3) judicial proceedings related to the user.
13. - NOTIFICATIONS
All notifications and communications arising from these conditions will be made in writing and will be duly notified when delivered personally or sent by certified email to the following address support@betandeal.com. The parties acknowledge contracting by electronic means as valid and fully effective, provided that it is done by any of the legally valid means: by accepting the terms and conditions, with electronic signature, and/or with a signature made through trusted third parties.
14.- APPLICABLE LAW AND JURISDICTION AND VENUE
This Agreement will be governed by the legislation of Spanish Law. The Parties submit, at their choice, for the resolution of conflicts related to this Agreement, waiving any other jurisdiction, to the Courts of the city of Madrid.
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