This Affiliate Membership Agreement is between Bookmaker.com Corporation, a Costa Rican corporation ("Bookmaker.com") and ____________________ ("Affiliate"). If the Affiliate has registered for or on behalf of an entity, you are deemed to have accepted this Agreement on behalf of that entity.
In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows:
To begin the enrolment process, you must submit a completed Affiliate Program application via our site, Bookmaker.com ("Our Site").
Bookmaker.com reserves the right to reject your application for any reason whatsoever. For example, we may reject your application if we determine (in our absolute discretion) that your website ("Your Site") is unsuitable for the Affiliate Program for any reason. Such reasons include, but are not limited to:
(1) Content that is in any way unlawful or in breach of intellectual property rights; or
(2) Content that may be deemed harmful, threatening, defamatory, obscene or indecent, harassing, or discriminatory on the grounds of disability, race, sex, ethnicity, religion, sexual orientation, age, or otherwise objectionable in any other manner.
If we reject your application, you are welcome to reapply to the Affiliate Program at any time.
We will register your Customers and track their transactions. “Customer, means your visitors who join Bookmaker.com via a link from your site.
We will track your Customers’ bets and play making available to you a report recapping their activities, which you can access anytime to review your statistics on a real time basis.
Subject to Clause (4), we will pay you a referral commission of 25% of the net revenue of all your players directed from your site.
Bookmaker.com may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion, by posting a change notice or a new agreement on our site. If any modification is unacceptable to you, you may terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
If you qualify and agree to participate as an Affiliate, you shall display and maintain unique links from your Site to Bookmaker.com. You may link to us with any of our banners, text links or with a bonus code. It is responsibility of the Affiliate to ensure that the correct tracking is used on their Site. Bookmaker.com will not change the Affiliate tracking ID for referrals resulting from incorrect or incomplete tracking. Bookmaker.com is not responsible for commission fees generated from referrals with incorrect or incomplete referral information.
Affiliate is required to refer a minimum of 10 active customers to withdraw/transfer their earnings.
Bookmaker.com will terminate this Agreement immediately if there is any type of spamming.
Affiliate will only use our approved advertise creative (banners, text links, logo, etc.) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from Bookmaker.com.
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold Referral Commission with respect to such traffic. We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be tampering with or abusing any Bookmaker.com offers or promotions whether with or without your knowledge. Such situations to include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site. The Program is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting us. Approval is solely at our discretion.
We will pay you commission fees based upon the Net Revenue Share Model: You shall be paid commission fees based on net revenue for sportsbook, racebook, casino, bingo and poker by the players who initially came to Our Site directly through a Link or promotional tool on Your Site.
a. You will earn commission fees according to the fee schedule set forth herein: Commission fees will be based on a percentage on the Net Revenue Share Model, on the amount of revenue generated by you in any one month. You’ll earn from 25% to 40% of the net revenues from sportsbook, racebook, casino, bingo and poker. The percentage breakdown is as follows:
| Revenue per calendar month | # of referrals | % |
| $0 - $9,999 net player losses monthly | 10 active players weekly * | 25 |
| $10,000 - $19,999 net player losses monthly | 30 active players weekly | 30 |
| $20,000 - $29,999 net player losses monthly | 50 active players weekly | 35 |
| $30,000+ net player losses monthly | 100 active players weekly | 40 |
* Note: Affiliate is required to have a minimum of 10 active players during the previous week to withdraw/transfer their earnings.
* We reserve the right to raise or lower any affiliates' commission rate solely at Management’s discretion.
b. Affiliate will earn commissions for the life of a Customer, on all transactions the Customer carries out at Bookmaker.com. Affiliate is required to have a minimum of 10 active players during the previous week to withdraw/transfer their earnings.
a. Bookmaker.com shall pay monthly, in accordance with this contract. Payment shall be requested on the last week of every month. If Affiliate commissions earned do not exceed two hundred dollars ($200.00 USD), then payment will be carried over to the following month until they exceed $200.00 USD. If an Affiliate does not request a payout during the last week of the month, their balance will carry over until the next pay period.
b. Payments will be made through the following methods: Check, Money Gram, Western Union, NETeller (non U.S. only), Moneybookers (non U.S. only) or Bank Wire. It is responsibility of the Affiliate to select the method of payment. The fees associated with their selected payment method will be deducted from their payout amount.
c. Negative earnings are carried over to the next month.
a. Affiliate shall not earn commissions on their own or related persons Bookmaker.com account. In the event of a violation, Bookmaker.com has the right to void all current and future play as well as eliminate any earned commissions applicable from such play.
b. If an Affiliate is using an account for the purpose of cash back on his/her losses, the Affiliate account will be closed and any commissions will be forfeited. This includes a group of friends or family members that setup an Affiliate account for the purpose of cash back on their losses. Management decision shall be final in this regard.
c. If a Customer registered through an Affiliate is banned from play for any reason, Bookmaker.com will not pay for the revenues generated by a banned Customer.
You shall not create, publish, distribute, or permit any written material that makes reference to Bookmaker.com as your partner, which disparages Bookmaker.com, which contains false information or representations concerning Bookmaker.com or its services, or which otherwise contravenes the terms of this Agreement in any manner.
Failure to comply with this provision shall result in the immediate termination of this Agreement and the forfeiture of any referral fees credited to your account. You will further be required to immediately remove the impugned information and/or representations from Your Site (or any other website over which you have control) and you will be required to immediately post a retraction/correction at Bookmaker.com’s direction. Notwithstanding the foregoing, Bookmaker.com shall also retain the right to bring legal proceedings against you for any damages suffered as a result of your actions.
WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO USE THE LINKS AND BOOKMAKER.COM LOGOS AND TRADEMARKS ("LICENSED MATERIALS") AS FOLLOWS:
a. To permit users of Your Site to access Our Site through the Links solely in accordance with this Agreement;
b. To use the Bookmaker.com Trademarks and Logos solely in connection with such Links; and
c. To use similar identifying material relating to us (but only in the forms that they appear on our http://affiliates.Bookmaker.com site) for the sole purpose of linking Your Site to Our Site.
You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials while you are a member in good standing with Bookmaker.com's Affiliate Program. You shall not make any specific use of any Licensed Materials for purposes other than in connection with supporting new accounts (sales) to Bookmaker.com from Your Site without first submitting a sample to us and obtaining the prior written consent of your Bookmaker.com Affiliates Manager. Consent shall not be unreasonably withheld. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke this license at any time, by giving you written notice. In entering into this Agreement, you allow us to provide Links from Bookmaker.com sites to Your Site(s) for the purpose of promoting this Agreement. This license shall terminate immediately upon the termination of this Agreement.
The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Termination of this Agreement will be effective immediately upon the provision of such written notice. You are only eligible to earn commission on sales occurring during the term of this Agreement, and commissions earned through to 11.59 pm GMT on the date of termination will remain payable only if the related deposit is valid.
You and Bookmaker.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this Section.
All information, including without limitation, the business and financial information, customer and supplier lists, and pricing and sales information, concerning Bookmaker.com or any of our Affiliates shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through another source.
We make no representation that the operation of the Bookmaker.com site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
BOOKMAKER.COM WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Bookmaker.com and its holding company, subsidiaries and other group companies, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees and expenses) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:
(1) any claim that our use of any trademarks or other proprietary material provided by you pursuant to this Agreement infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party;
(2) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or
(3) any claim related to Your Site, including, without limitation, content therein not attributable to us.
All notices to us in connection with this Agreement shall be deemed given as of the day they are received either by messenger, delivery service or in the mails, postage prepaid, certified or registered, return receipt requested, and addressed as follows:
Building La Colmena 7th floor
75 m west of Contraloria General de la Republica
Sabana Sur, San Jose
Costa Rica
(506) 2210-7824
Attention: Affiliate Program Manager
All notices to you in connection with this Agreement shall be sent by email to the email address provided on your Affiliate Program application and shall be deemed given as of the date that such email is sent.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the Costa Rica without reference to rules governing choice of laws. You hereby submit to the jurisdiction of the Courts located in Costa Rica with respect to any dispute, claim or other matters arising under this Agreement and the Courts of Costa Rica shall have non-exclusive jurisdiction with respect to any such dispute, claim or other matters. However, nothing herein prevents Bookmaker.com from proceeding against you in courts of any other jurisdiction.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, which may be withheld in our unfettered discretion. Subject to that restriction, this Agreement will be binding on, ensure to the benefit of and be enforceable against you and your successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications
IN WITNESS WHEREOF, Affiliate expressly agrees to the terms and conditions of this Agreement by clicking the "Submit" button on the Affiliate Registration Form page.
Or
By signing below, I represent that, if the applicant is an individual, I am such individual and, if the applicant is an entity, I am a duly authorized representative of such applicant entity, and I accept the Affiliate Membership Agreement above.
| On Behalf of BookMaker.com, | On Behalf of Affiliate, |
| ________________________ | ________________________ |
| Printed Name | Printed Name |
| ________________________ | ________________________ |
| Signature | Signature |
| Date: __________________ | Date: __________________ |