TERMS & CONDITIONS

INTRODUCTORY PROVISIONS

This document sets out the terms and conditions agreed between Energy Marketing Solutions, a company officially registered under the laws of Belize , having its registered address at Belize city and the person or company set out on the relevant application form (hereinafter the “Affiliate”), regarding the Affiliate’s application to join (and if the Affiliate’s application is successful, the Affiliate’s membership of) the LVbetPartners programme and to promote the LVbet.com website by publishing text links, graphic banners and other advertising materials.

LVbetPartners may change all or any part of this Agreement at any time. Notice will be given by message to the affiliates email address and will be deemed to be served immediately when sent by LVbetPartners or by pop-up message when the affiliate partner logs into the Affiliate Platform – whichever occurs sooner. If the Affiliate does not agree to the changes the Affiliate should terminate this Agreement in accordance with its terms. The affiliates continued participation in the LVbetPartners programme after LVbetPartners have posted the changes will constitute binding acceptance of such changes.

DEFINITIONS

Affiliate means any person or company who entered into this Agreement and offers advertising services for LVbetPartners.

Bonuses means any so-called “free money”, “free bets”, “free spins”, “money back” and/or similar that the Customers can utilise as payment for using our services.

Calendar Days means any day of the week, month or year including bank holidays and weekends.

Commission means the compensation due to the Affiliate based on the agreed percentage of Net Revenue, Cost Per Acquisition, or other reward plans.

Gross Revenue means the value of the revenues generated by all players referred by the Affiliate across all products; the Gross Revenue would be equal to all (settled) bets less wins. For the avoidance of doubt; any bet that is not accepted for a legitimate reason, in the sole discretion of our company, shall not be considered a settled bet and shall not be included in the calculation of the Gross Revenue.

Net Revenue calculated on a monthly basis, means the monthly Gross Revenue less costs, which includes but is not limited to: taxes, betting duties, third party commissions/fees, financial transaction fees, bonuses, any other player rewards, cashbacks and charge backs.

Admin Fee refers to taxes, third party commissions and fees, financial transaction fees, charge backs, operator costs, legal costs, account maintenance costs, license fees.

New Customer means any LVbet.com customer who registers using the given Affiliate Media advertising materials.

First Time Depositing Customer means a New Customer who has made a first real money deposit with LVbet.com via a legally owned financial instrument.

Parties means the Company and the Affiliate (each a “Party”).

Reward Plan means any financial plan agreed between the Parties to compensate the Affiliate for its advertising services offered.

Affiliate Platform means a statistical technical tool, which records, registers and monitors the relevant Affiliate activities. All the marketing materials used by the Affiliate will be stored in a special content group within the platform. LVbetPartners use a third party service called NetRefer.

Working Day means every day from Monday to Friday inclusive, excluding public holidays and weekends.

  1.  AFFILIATE RIGHTS AND OBLIGATIONS
    1. As the Affiliate you are responsible for marketing to potential New Customers and referring them to LVbet.com. You are solely liable for the content and manner of such marketing activities.
      We expect all your marketing activities as the Affiliate to be professional, proper and lawful under any applicable rules, regulations or laws. They should also comply with the terms of this Agreement.
      AFFILIATE and LVbetPartners are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship in between.
    2. Throughout the term, we expect you as the Affiliate to make sure that you are prominently incorporating and displaying the most up to date links provided by LVbetPartners.
    3. As the Affiliate you’re not permitted to alter the form, location or operation of any links without LVbetPartners’s prior consent. Unfortunately, if you fail to present the links provided by LVbetPartners, it could result in us terminating this agreement immediately on notice.
    4. As the Affiliate, you are not permitted to, nor should you authorize, assist or encourage any third party to:
      1. Place marketing materials on any online site or other medium where the content and/or material on such website or medium is potentially libelous, malicious, discriminatory, obscene, unlawful, or violent or that is, in our sole discretion otherwise unsuitable.
      2. Place any advertising materials on pages aimed at persons under the age of 18 years.
      3. Market or promote LVbet.com to persons from any Excluded Countries or be involved in any traffic coming from any Excluded Countries.
      4. Open more than one affiliate account without prior written declaration by LVbetPartners.
      5. Register as a player or make deposits to any player account through his own or any affiliate’s links for personal use or the use of third party natural or legal persons attempt to artificially increase the financial rewards or any statistical metrics. Violation of this provision shall be deemed to be fraud and will result in immediate Affiliate and Player account cancellation and confiscation of all the rewards and winnings.
      6. Do any act that causes the Affiliate site or any other site to copy or resemble the look and feel of the LVbet.com site.
      7. Register (or apply to register) any domain name similar to any domain name used by or registered in the name of LVbet.com or any other name that could be understood to designate LVbet.com.
      8. Use any form of spam (including search engine spamming or spamdexing) or unsolicited mail in its attempts to refer New Customers to the LVbet.com site.
    5. As the Affiliate, you agree to give LVbetPartners reasonable assistance regarding the display, access to, transmission and maintenance of the links.
    6. The company may refuse any applicant new customer or close a new customer’s account if it does not comply with the company’s policy and/or does not protect the interest of the company.
    7. Any additional Advertising material created by the Affiliate and related to LVbet.com or LVbetPartners shall require LVbetPartners prior written approval.
    8. It is the responsibility of the Affiliate to ensure that any tracking code generated from the Affiliate Platform is used correctly. LVbetPartners is not responsible for any loss or damage caused by errors of the tracking codes.
    9. In the event that the Affiliate wishes to place tracking/affiliate links on other websites, the Affiliate must first register the new marketing source in the Affiliate Platform. All the marketing sources used by the Affiliate should be registered and tracked separately. In case the Affiliate breaches this term, LVbetPartners may terminate this agreement and withhold all the financial rewards.
    10. LVbetPartners has the right to monitor the Affiliate Marketing Source to ensure that the Affiliate is complying with the terms of this Agreement. LVbetPartners can request modifications or corrections at any time, and the Affiliate should submit to eventual instructions.
    11. By this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to our site in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Commission or other compensation on business secured by or through persons or entities other than you.
    12. The Affiliate should be able to provide at any time a copy of ID, billing address and/or other documents requested by LVbetPartners. Refusal to do so may be considered, as fraudulent activity that may result in confiscating all the financial rewards and the immediate termination of this agreement.
    13. Affiliate shall not incentivise or indicate, sell or offer how sports betting arbitrage, “sure betting”, “safe betting”, casino systems or similar sports betting or gaming methods which could be used at LVbet.com and/or other betting/playing/staking options that statistically prevent the spirit of the Affiliate partnership from being profitable for both parties. If 55% or more of an Affiliate’s referred customers are betting on a single outcome in relation to Sports book, this shall be considered as a breach of this Agreement and may result in immediate Affiliate account closure.
    14. The Affiliate should not create pages and promote using our brand trademarks LVbet.com or LVbetPartners in any social media channel.
    15. If the Affiliate attempts, with LVbetPartners prior written consent, to promote LVbet.com using methods such as but not limited to email marketing, SMS or through other similar services, the Affiliate shall make visibly clear of any such communication that they have been sent by the Affiliate, and any complaints made as a result of this communication should be directed to the Affiliate and not to LVbetPartners or LVbet.com. Violation of this point may result that LVbetPartners will consider this activity as spamming which can result in termination of this agreement.
    16. The Affiliate will be solely responsible for the development, operation, and maintenance of his marketing source(s) and for all materials that appear on. For example, affiliate will be solely responsible for ensuring that materials posted on his/her marketing source(s) are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, the affiliate 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. LVbetPartners programme is intended for affiliate’s direct participation. He/She 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 sending a written request to LVbetPartners. Approval is solely at LVbetPartners discretion.
    17. During the term of this Agreement, Affiliate may be entrusted with confidential information relating to LVbetPartners or/and LVbet.com business, operations, or underlying technology and/or the Affiliate Platform (including but not limited, for example, to Commissions earned). Affiliate agrees to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties.
    18. The Affiliate shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
    19. The Affiliate hereby warrants and undertakes:
      1. To use its best efforts to actively and effectively advertise, market and promote LVbet.com as widely as possible in order to maximize the benefit to the Parties and that it will abide with the guidelines of LVbetPartners.
      2. To market and refer potential players to LVbet.com at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and manners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and negotiations and in accordance with this Agreement.
      3. That it will not perform any act which is libelous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.
      4. That it will not actively target any person who is under the legal age for gambling.
      5. That it will not actively target any jurisdiction where gambling and the promotion thereof is illegal.
      6. That it will not generate traffic to LVbet.com by illegal or fraudulent activity, particularly but not limited to by: sending spam, incorrect metatags any other fraudulent habit.
  2. . LVbetPartners ADDITIONAL RIGHTS AND OBLIGATIONS
    1. LVbetPartners shall supply the Affiliate with landing pages, graphic banners, text reviews and any other material used as marketing tools for inclusion on the Affiliate Marketing Source and may review and/or update such content from time to time.
    2. LVbetPartners will make all the technical efforts to ensure that whenever a New Customer is directed to LVbet.com through the LVbetPartners media files on the Affiliate Marketing Source and registers an account, the relevant New Customer is identified as originating from the Affiliate Marketing Source. However, LVbetPartners shall not be held liable if it is unable to identify a New Customer as originating from the Affiliate Marketing Source.
    3. When the Affiliate’s application is accepted, LVbetPartners will assign a partner identification number to the Affiliate. This number will be present in all of the links in the Affiliate System to identify customer referrals from the link of the Affiliate’s website.
    4. LVbetPartners, after the Affiliate will sign electronically this Agreement, will assign an expert account manager to the Affiliate account. The account manager will provide instructions and support to the Affiliate partner via email or other online channels. The Affiliate should provide a valid contact address and should reply to the account manager questions regarding the actual partnership.
    5. LVbetPartners shall be entitled to accept or decline any Affiliate application.
    6. LVbetPartners shall create and make available to the Affiliate, advertising materials which should be used on the Affiliate Marketing Source.
    7. The Affiliate Platform will be chosen by LVbetPartners. LVbetPartners can decide about changing or modifying the tracking software at any time without notice.
    8. In case of any technical, statistical, recording (and/or) disputes, an investigation will be started and LVbetPartners final decision will be accepted as final without the right of appeal.
    9. LVbetPartners reserves the right to change the Affiliate’s Reward Plan at any time. If the Affiliate suspends our brand promotion or tries to harm our reputation in any form (ex. blog post, rating, false review etc.) this Agreement will be declared NULL.
    10. LVbetPartners may refuse any player or close a player’s account if it is necessary to comply with the Party Policy and/or protect the interest of the brand.
    11. LVbetPartners reserves the right to terminate the Agreement if the Affiliate does not generate any clicks on the LVbetPartners media files for six consecutive months or none of his marketing sources will be active.
  3. . FINANCIAL TERMS:
    1. LVbetPartners agrees to pay the Affiliate a commission calculated on the Net Revenue generated from customers financial activity referred by the Affiliate Marketing Source.
    2. The Affiliate shall be entitled to receive the Commission exclusively for new real money customers. The Affiliate shall be entitled to receive the Commission, in the case of a Net Revenue share model, for each unique real money customer referred, for a lifetime value from the date of its registration. The amount of the commission will be calculated based on the following Net Revenue table:

      Net Revenue Level

      Reward

      €0 – €999

      20%

      €1000 – €4999

      25%

      €5000 – €14 999

      30%

      €15 000 – €34 999

      35%

      €35 000+

      40%

    3. In order to receive an additional Commission based on a percentage of the Commission earned by its Sub-Affiliate(s), the Affiliate shall refer the Sub-affiliate to LVbetPartners through the special sub-affiliate tracking link. The Affiliate cannot claim a Commission on a new Affiliate account created by an Affiliate who simultaneously has another LVbetPartners account. The Affiliate shall ensure that the Sub-Affiliate complies with these terms and conditions by making it aware of them before it enters into any arrangement with the Sub-Affiliate in relation to this agreement. The Affiliate is not allowed to open itself as a Sub-Affiliate account. Unless otherwise agreed between the Parties, the Affiliate is entitled to receive 5% of its Sub-Affiliates from the commission generated by the referred affiliates.
    4. LVbetPartners shall provide the Affiliate with statistics accessible through its LVbetPartners account detailing the number of New Customers, First Time Depositors, Total Depositors, Net Revenue, Banner Impressions, Clicks and the Commission. These statistics will be updated daily, some of them not in real-time. At the beginning of a Calendar Month, LVbetPartners shall record the Affiliate’s total Commission, if any, during the previous Calendar Month. If the Affiliate’s Commission does not exceed €50 or in case of Bank Transfers €500, LVbetPartners shall be entitled to withhold and carry forward the Commission until the total accrued Commission exceeds the minimum payout limit of €50 or in case of Bank Transfers €500.
    5. LVbetPartners reserves the right to reduce the Affiliate’s Commission/change the Affiliate’s Reward Plan
      if the Affiliate substantially reduces its efforts to promote LVbet.com.
    6. All payments due under this Agreement shall be made in Euros. The applicable exchange rates, if any, shall be the one used by LVbetPartners.
    7. We have and reserve the right to pass on any Fraud Costs to Affiliate’s account.
    8. Big Winner Policy:

      The Big Winner Policy will come into effect when:

      A player generates a negative Net Revenue balance of €5000 or more, on any product or game. In such a case the player will be considered to be a Big Winner. The aggregate negative Net Revenue for the Affiliate is a greater than €2000 at the end of an open period.

      If both above criteria set are met, the negative Net Revenue generated by the Big Winner will be isolated until the player becomes profitable. All players subject to the Big Winner Policy will be visible to Affiliates in the Customer Reports, within the Affiliate Platform. Such players will be set under a special reward plan, further official notification will be not sent automatically. Any Big Winner Policy balance carried forward will not be set-off against other customers referred by the affiliate. In the period when a Big Winner customer surpasses his negative net revenue, the Affiliate will begin earning commission for that customer again automatically. If there is more than one Big Winner, each Big Winner will carry forward his own negative balance.

    9. The commission is calculated at the end of each month and payments shall be performed by the [8th- 15th] of each calendar month, provided that the amount due exceeds €50 in case of e-Wallets payment and 500€ in case of Bank Transfer payments. If the commission balance due is less than the amounts above, it will be carried over to the following month and shall be added to the next month’s commission.
    10. Payment of commissions shall be made as per the payment method chosen by the Affiliate. If an error is made in calculating the commission, LVbetPartners reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim over-payment made to the Affiliate.
    11. LVbetPartners may delay payment of any commission balance to the Affiliate for up to ninety (90) days, while it investigates and verifies that the relevant transactions comply with the provisions of these terms and conditions.
    12. Affiliate’s acknowledge and agree that a different payment scheme may apply to other Affiliates who are already being paid by LVbetPartners in accordance with an older or alternative payment scheme or in other particular cases as determined at LVbetPartners sole discretion from time to time.
    13. Net Revenue share amount will be calculated based on the following formula: Gross Revenue – Bonuses – Admin Fee – Taxes = Net Revenue
    14. If there is a pending payment due to an Affiliate for a period of one year or more as a result of any or all of the following – incorrect payment details, missing payment details, invalid or no-longer valid payment details and the Affiliate has not responded to all reasonable contact attempts made by LVbetPartners, the payment will be permanently cancelled.
    15. CPA/Hybrid Plans are not offered in the standard reward plan. You can send your application, to your affiliate manager, to get a unique CPA/Hybrid Plan. If your application will be accepted, you will receive a one-off payment for every First Time Depositing Customer you refer to LVbet.com. A CPA Payment will be owed and payable to you if and when a qualifying Player completes first registration, deposits the minimum required amount and meets the minimum wagering activity requirements, as previously agreed upon in writing with your Affiliate Account Manager.
    16. Please take note of the following with regards to the CPA/Hybrid Payment Plan: (i) in the event of a Chargeback received against or issuance of credit to a qualifying Player, that Player will be discounted for the purpose of the CPA/Hybrid Plan. In addition, any CPA/Hybrid Payment previously made to you in respect of such a Player will be deducted from future payments to you and; (ii) A CPA Payment will be owed and payable to you in respect of a qualifying Player upon the first registration in any of our brands and the depositing of the minimum required amount, as specified in your additional agreement with us. We do not pay for incentivized traffic in any form and we do not pay for schemes where a Player is given part of the CPA as an incentive or any roulette playing schemes or casino systems where players are advised on how to play to lower the risks. LVbetPartners holds the right to refuse to pay for any Customer and/or traffic that they deem to be abusive as per the terms and conditions of LVbet.com.
  4. . CLOSURE OF A MARKET
    1. This agreement shall be considered no longer valid if LVbet.com has to re-enter a market with a different platform / URL extension, and cannot migrate its existing database of customers to the affiliate account.
  5. . TERMINATION
    1. This Agreement may be terminated by either party by giving written notification to the other party. Written notification may be given by an email.
    2. The Contracting Parties hereby agree that on termination of this Agreement
      1. The Affiliate must remove all references to LVbet.com or LVbetPartners from the Affiliate’s marketing sources, irrespective of whether the communications are commercial or otherwise.
      2. All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the partnership.
      3. The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; however, provided LVbetPartners may withhold the Affiliate’s final payment for a reasonable time (3.10.) to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.
      4. If this Agreement is terminated by LVbetPartners on the basis of an Affiliate’s breach, LVbetPartners shall be entitled to withhold the Affiliate earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach.
      5. The Affiliate must return to LVbetPartners any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control.
      6. The Affiliate will release LVbetPartners from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
    3. LVbetPartners MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
      1. Any form of traffic that is generated from any medium that is aimed at children, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights, or are otherwise considered by Us to bring LVbet.com into disrepute or prejudice the interests of LVbetPartners in any way is considered unsuitable and constitutes a breach of agreement.
  6. . Warranties
    1. The Affiliate expressly acknowledges and agrees that the use of the Internet is at its risk and that this Affiliate Programme is provided “as is” and “as available” without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.
    2. LVbetPartners shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of LVbet.com/LVbetPartners website.
    3. LVbetPartners does not guarantee’s any revenues from this partnership.
  7. . Indemnification
    1. The Affiliate agrees to defend, indemnify and hold LVbetPartners and its affiliates, successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from:
      1. Any breach of Affiliate’s representations, warranties or covenants under this Agreement.
      2. Affiliate’s use (or misuse) of the marketing materials.
      3. All conduct and activities occurring under Affiliate’s user ID and password.
      4. Any defamatory, libelous or illegal material contained within Affiliate Marketing Source or Affiliate’s information and data.
      5. Any claim or contention that Affiliate Marketing Source or Affiliate’s information and data infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party’s rights of privacy or publicity.
      6. Third party access or use of Affiliate Marketing Source or Affiliate’s information and data.
      7. Any claim related to Affiliate Marketing Source.
      8. Any violation of this Agreement.
    2. LVbetPartners reserves the right to participate, at its own expense in the defense of any matter.
    3. This Agreement shall be governed by the laws of Malta and any action relating to this Agreement must be brought in Malta and the Affiliate irrevocably consents to the jurisdiction of its courts.
    4. Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented.
  8. . Severability
    1. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
  9. . Confidentiality
    1. All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information shall be treated confidentially. Such information must not be used for own commercial or other purposes, neither direct nor indirectly. This provision shall survive the termination of this agreement.
  10. . Changes to this Agreement
    1. LVbetPartners 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. Any such changes will be posted on LVbetPartners website or/and via direct email notice to Affiliates and/or pop-up window within the Affiliate platform.
    2. In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English language version shall prevail.

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