TERMS AND CONDITIONS
Affiliate Program Terms and Conditions
This affiliate terms and conditions (“Terms”) is entered into by the Affiliate (“Affiliate”) and Mad Bookie Pty Ltd (“Mad Bookie”). This agreement is in relation to the Affiliate program (“Program”) of Mad Bookie, and the participation of any Affiliate therein. Individuals or entities who successfully register in Mad Bookie's site (“website”) and wager bets within 90 days from their registration, and were successfully traced and recorded to have been referred from the particular and unique Affiliate tracking code provided by Mad Bookie to the Affiliate (which the latter installed in his Affiliate site) shall be referred to as Customer (“Customer”)
These terms and conditions shall be applicable to any person who has submitted an application to the program, has been accepted into the program, or who continues to participate in the program. Only those 18 years and above, and without any legal incapacity in any jurisdiction to participate in the program, shall be allowed to join the or continue with the Affiliate program.
At any time, Mad Bookie can change these terms as it sees fit, without the need of any prior notification to any Affiliate. All changes shall take effect immediately, and it shall be the duty and responsibility of any Affiliate or interested person to be updated with any changes to these affiliate terms and conditions.
If there is any disagreement or inability to comply with these terms,on the part of any Affiliate or person who desires to be an Affiliate, then the latter is immediately required to discontinue any participation or interest in the program. If an Affiliate continues its participation in the program after any changes in these or terms are instituted, then such participation shall be construed as an affiliate's consent to be bound by the said amendments.
Affiliate Account Registration
Mad Bookie reserves all rights, in its sole discretion, to set the requirements needed which a person must comply with in order to be an Affiliate of its Affiliate program, or to set additional or continuing requirements in order for an existing Affiliate to remain with the program. An Affiliate or any applicant will only submit accurate, relevant, and updated information in order to qualify or remain with the program. Mad Bookie will evaluate all applications, or even the performance of existing members, and can reject any application as it sees fit, without the need of any justifying cause, or even determine whether an applicant or existing affiliate is fit to enter or remain with the program, again without the need of any justifying cause.
In the program, no one is permitted to open more than one account, or to earn commissions through its own or related accounts, or to wager with their Affiliate accounts. A separate account will be needed if an Affiliate wishes to engage in a wager, and Mad Bookie can terminate or suspend an Affiliate account immediately for any violation of this rule.
Any Affiliate in the program will not promote Mad Bookie using websites which 1) contain content that infringes on the intellectual property rights of third parties, 2) contain defamatory, sexual, hate, violent, criminal, discriminatory, or obscene content 3) promote any criminal, immoral, or illegal activity 4) contain spyware, viruses, hacking materials, dangerous code, and other similar devices. 5) or any other content or acts which are analogous to the following. Even if it has already approved an Affiliate's application, Mad Bookie can suspend or terminate an Affiliate's participation once its website is determined, in Mad Bookie's sole discretion, as falling within any of the mentioned prohibited categories under this section.
Account Term and Termination
An Affiliate's participation in the program formally commences upon a written confirmation from Mad Bookie that the Affiliate has have been accepted. The performance of all Affiliates in the program is subject to review at all times by Mad Bookie. An Affiliate is prohibited to assign any of its rights under this agreement, unless with the explicit consent of Mad Bookie. At any given time, Mad Bookie is authorized to suspend or terminate any Affiliate for any breach of this agreement, or for any illegal act or if the affiliate fails to sign up at least four (4) depositing customers in a given month. When Mad Bookie suspends or terminates an account, all rights and benefits of the Affiliate are terminated immediately. In this event, an Affiliate is required to immediately remove any links or promotions of Mad Bookie in its site if its account is suspended or terminated, without the need for any demand or court action from Mad Bookie, apart from returning any confidential information, content, and documents to Mad Bookie.
In its sole discretion, Mad Bookie may forfeit any commission or payments owing to the Affiliate prior to the termination of the latter's account. In the event that Mad Bookie permits any continuing activity on any Customer, individual, or entity that was referred by a suspended or terminated affiliate, this shall not be construed as a waiver or revocation of any suspension or termination of the said Affiliate's participation in the program, and nor shall the Affiliate be entitled to receive any commission from the said Customers.
Mad Bookie’s Obligations and Responsibilities
Mad Bookie will help the Affiliate promote its site by providing content in the form of graphics and links which the Affiliate may place on its Affiliate site. The design of such content, promotional materials, and links shall be made in the sole discretion of Mad Bookie, and the Affiliate shall not make any deviations from the approved materials, unless with the consent of Mad Bookie. Mad Bookie will register and track the activity of Customers referred by the Affiliate on the website and/or phone application of Mad Bookie.
All Customers referred by the Affiliate shall be required to comply with the same terms and conditions, privacy policies, and all policies of Mad Bookie which are applicable for its general users, and Mad Bookie hereby reserves the right to reject any Customer, or close their accounts, for any violation of these, or for any reason.
Mad Bookie will give a summarized report to the Affiliate of the Customer's activities. The Affiliate agrees that the frequency, format, presentation, and information to be placed in the summary report is in Mad Bookie's sole discretion.
Affiliate agrees that Mad Bookie is only obligated to pay the Affiliate commissions earned which arise from the activity of Customers on the website of Mad Bookie which were directly referred and sourced from the Affiliate's distinct tracking code, and involved, and/or close the Affiliate's account and terminate this agreement.
Cost per Acquisition (CPA) Plan.
Mad Bookie also offers Cost per Acquisition (CPA) Plans for its Affiliate program, the specific details of which is only available through request, and in a separate agreement.
Revenue Share Plan
For the purposes of the Revenue Sharing Model, Net Revenue shall be the gross payments collected by Mad Book from the Customer during the duration of this agreement minus winnings paid to the customer, GST and all taxes on winnings and turnover, any other monies or expenses paid as compliance for any statutory requirements (taxes, levies, duties, or any payments to authorities and governing bodies), charges paid to credit cards and electronic and bank transfers, customer credit and bad debts, administration fees, returned bets, fraudulent monies, free bets, winnings, monies or promotions given to the customer. monies received from Customers betting through the American Tote.
Commissions shall be paid in accordance with the respective commission plan of the Affiliate. The frequency of payments shall be monthly, and shall be normally processed on the third Thursday of each month on a calendar basis. In order for payments to the Affiliate to actually proceed, commissions should at least reach $100 AUD. If the commissions owing to the Affiliate for a particular month, including rolled over commissions from previous months unpaid, total less than $100 AUD, then the payment shall be carried over to the following month. If the payments owing to an Affiliate in a calendar month is negative, Mad Bookie shall have the option, but not the obligation, to zero the negative balance that otherwise would be carried forward.
Mad Bookie will use reasonable efforts to pay the Affiliate using the provided payment details. Nevertheless, external factors and circumstances may prevent Mad Bookie from paying the Affliliate on time, such as when payment details provided are incorrect, inaccurate or incomplte. When this happens, Mad Bookie will make reasonable efforts to contact the Affiliate using the provided details for up to six, before deciding, in its sole discreiton, to close or suspend the Affiliate account without notice, with all payments forfeited.
Mad Bookie shall not be obligated to pay commissions to the Affiliate for any Customers whose accounts were banned for any reasons. If Mad Bookie had already released a commission to the Affiliate with respect to a banned customer, then it reserves the right to set-off the said payment against future payments to the Affiliate, or to require a refund from the Affiliate.
Mad Bookie also reserves the right to withhold payments with respect to a Customer who is under investigation for address verification, bank information, or credit cared issues..
Payments with respect to Sub-Affiliates
Affiliates shall also be given commissions for their successfully referred and qualified, and registered Affiliates (other than themselves)., who successfully registered through the program through the Affiliate's tracker (including links on the Affiliate's website). These persons shall be referred to as the Affiliate's Sub-Affiliates.
In addition to payments mentioned above, the Affiliate shall earn a commission of 3% from any payments made to Sub-Affiliates under the latter's own Affiliate agreement with Mad Bookie. Mad Bookie reserves the right to change this commission or arrangement as it sees fit, with changes taking effect immediately.
The compensation which the Affiliate shall be entitled to from Sub-Affiliates shall only be limited to the direct Sub-Affiliates that were referred by the Affiliate to Mad Bookie, and does not extend to any other person, or any other eventual Sub-Affiliate which may be referred in the future to Mad Bookie's site by the Sub-Affiliates of the Affiliate concerned.
All Sub-Affiliates referred by an Affiliate shall be required to comply with these terms and conditions. Mad Bookie reserves the right not to give any commission to the Affiliate for any of his Sub-Affiliates which violate any law or these terms and conditions.
Any individual or entity that is registered as an Affiliate will not be permitted to be redesignated as a Sub-Affiliate. An Affiliate is prohibited to take advantage of the Sub-Affiliate system and commissions by registering himself as a Sub-Affiliate in his own Affiliate account, or by using representatives or family members of the Affiliate to register as Sub-Affiliates under the respective Affiliate's account. Likewise, Sub-Affiliates are prohibited to use aliases or fictional names in their registration. Affiliates are also prohibited from receiving payments on behalf of their Sub-Affiliates, or to have a side agreement or condition with their Sub-Affiliates which are distinct from these terms and conditoins of Mad Bookie. Neither shall the Affiliate utilize or impose any type of promotion or enticement to potential Sub-Affiliates without the explicit consent of Mad Bookie. All payments to the Affiliate shall cease when payments to the Sub-Alliates are terminated. Should there be any refund required by Mad Bookie, or if any payment is revoked by Mad Bookie, or considered improper or erroneous by Mad Bookie to any Sub-Affiliate, the Affiliate is consequently required to return any commissions for such refunded or reclaimed payments to the Sub-Affiliate, and Mad Bookie my offset these amounts from any payments owing to the Affiliate under this agreement.
Duties and Obligations of Affiliates
Affiliates agree not to become or register as Customers of Mad Bookie with their Affiliate accounts. Affiliates will only employ legitimate means of advertising and marketing, and at all times, only those which are approved by Mad Bookie. Affiliates shall not engage in advertising or promotions which target those who are under 18 years of age, or with gambling problems.
In no case shall the Affiliate be associated with third party investment entities offering investment services on racing or sports, nor shall the Affiliate place bets or wagers on behalf of their customers.
Affiliates will provide Mad Bookie with all required data and information it requests in order to enable Mad Bookie to monitor the Affiliate's site for compliance with this agreement. With this, the entire responsibility of ensuring that any tracking codes on the website are functional for the purposes of this agreement and Affiliate program falls solely on the Affiliate, and Mad Bookie is not duty bound or required to pay commissions for incorrect or incomplete referrals, or improperly tracked customers or Sub-Affiliates.
The Affiliate shall bear all costs for authorized promotions or advertising, and is prohibited from purchasing or utilizing domains which contain or bear any resemblance to MadBookie, its name or tradenames, or its domain, including all reasonable permutations or derivations thereof. The Affliliate is further prohibited from targeting keywords which contain Mad Bookie or its derivations for the purposes of search engine optimization or pay per click in any search engine or system.
The Affiliate is further barred from creating any blogs, profiles, or displays in the Internet, or establishing any social network which contains Mad Bookie. The Affiliate is allowed to use social networking sites to promote Mad Bookie using authorized links and materials. For this purpose, the Affiliate shall reference each post or status with an indication that it is an advertisement (such as adding a hashtag #ad in twitter), apart from making it clear through reasonable methods that such posts or statuses did not originate from Mad Bookie itself. In all cases, the Affiliate is required to comply with the respective terms and conditions and policies of each social networking site.
The Affiliate will work with Mad Bookie in the implementation of links and promo tools supplied by Mad Bookie in the Affiliate's site. The Affiliate agrees that it will utilize the provided code for its links, banners, and other promotional tools, and will not remove the said codes. The Affiliate will place these approved materials in relevant and material portions of its website, and shall include reasonable guidelines, and responsible gambling messages as required by Mad Bookie, and also in accordance with the brand of Mad Bookie. The Affiliate will comply with Mad Bookie's strict email direct marketing guidelines at all times, and that it will not engage in any act of spam. The Affiliate will also indemnify Mad Bookie for claims against the latter which which originate, arise from, or are related in anyway or connected to any actions of the Affiliate, or any breach of this agreement or any laws.
Limitation of Liability and Warranties
Mad Bookie provides no express or implied warranties whatsoever with respect to this agreement. Furthermore, Affiliate agrees that in no case or circumstance shall Mad Bookie be liable to the Affiliate in connection with, or arising from this agreement. Should a court of competent jurisdiction decide to limit this provision, in no case shall the total liability of Mad Bookie exceed $100 AUD.
This Agreement comprises the whole agreement between the Mad Bookie and the Affiliate. If any of these provisions is held invalid or unenforecable in any way, it shall not affect the execution and binding nature of the others. Jurisdiction and Dispute Resolution Any ambiguity or dispute concerning this agreement shall be resolved using the laws of the Northern Territory of Australia, and any action concerning or in connection with the same shall be initiated in the Northern Territory of Australia, to the exclusion of all other jurisdictions and venues. If Mad Bookie delays in the enforcement of any of its rights under this agreement, this shall not be construed as a waiver on the part of Mad Bookie for the enforcement of such rights.