These terms (this ‘Agreement’) constitute a legal agreement between the Company and Customer. This Agreement governs Customer use of the Software and Service (as defined below). By signing an Order Form, Customer agrees to all terms and conditions of this Agreement. If Customer is entering into this Agreement on behalf of a company or other organization, Customer hereby warrants and represents that it is authorized to enter into this Agreement on behalf of such company or other organization.
Definitions For purposes of this Agreement, the following terms are defined as:
Customer represents, warrants, and covenants that Customer shall comply with applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority or state gaming commission that has jurisdiction over Customer, including without limitation laws (federal, state, or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003), as well as any applicable Sportsbook Operator terms and conditions and policies, in each case to the extent applicable to Customer operation of the Applications and use of the Service and Software, including, without limitation, those regarding the disclosure of a material relationship inherent in the links on the Applications. Customer acknowledges that it is responsible for replying to any requests from state gaming commissions in a prompt and truthful manner and that Company is not accountable for any errors, omissions, or regulatory issues that arise therefrom.
Additional Requests If Customer wishes to use the Company products for any additional Applications, then Customer may request that such Applications are added to Customer account by notifying the Company at email@example.com. The Company may approve or reject each Website domain request or Application at its discretion. If the Company decides to reject a Website domain request or Application, it is not obliged to provide Customer with its reasons for doing so. If the Company approves a Website domain request or Application, it will notify Customer by email, and Customer may begin using the Company products in relation to such additional Applications. Should the additional Website domains be added without Company approval, the Company can at its discretion reverse all commissions earned.
Sportsbook Operators Customer acknowledges and agrees that (i) the Company uses its sole discretion in determining which Sportsbook Operators the Applications will be affiliated with, as well as the number of Sportsbook Operators (if any) the Application will be affiliated with; (ii) the Company may (through the Software and with Customer permission) rewrite links on the Applications from one Sportsbook Operator to another in order to obtain the best value for Customer; (iii) Sportsbook Operators set their Commission structures and may change their Commission structures (generally or solely with respect to Customer) or terminate their involvement in the Service (generally or solely with respect to Customer) at any time and the Company will have no control over or liability in connection with any Sportsbook Operator’s decision to do so; and (iv) Sportsbook Operators may at any time send the Company notice requesting that Customer remove links or references to Sportsbook Operators’ brands, products, services or trademarks and the Company will communicate this notice to Customer.
Commissions and Payment The Company will be the ‘publisher of record’ for all Sportsbook Operator affiliate programs, and will collect all Commissions received from Sportsbook Operators on account of referrals from the Applications. The Company will pay Customer a Commission equal to (i) a fixed dollar amount (the “Applicable Fee”) that the Company receives from Sportsbook Operators on account of referrals from the Applications (“Sportsbook Operator Revenue”) minus (ii) any Chargebacks (as defined below) and any other commission cancellations, reversals or deductions administered or by determination of the Company with respect to any referrals from the Applications (collectively, “Deductions”), provided that the Customer uses the Company's tracking. The Applicable Fee may be revised by the Company from time to time without notice. Payment will be issued to Customer at the end of each month for all Commissions earned by Customer that correspond to Sportsbook Operator Revenue that the Company has received up to that point. The Company will collect all relevant details for tax purposes as necessary and specified by the tax code. A Sportsbook Operator may determine, in its sole discretion, that any Qualified Referral was not a bona fide transaction, whether the registration by Consumer was fraudulent or otherwise (a ‘Chargeback’), and may make a Chargeback claim requesting certain Commissions be cancelled or reversed to reflect the fact that the Sportsbook Operator’s business never benefited from the transaction. Chargebacks are communicated to the Company as they occur. Sportsbook Operator Revenue is typically paid by Sportsbook Operators, and Chargebacks are typically determined, within thirty (30) days but can fall outside of this, from the end of the month in which the applicable Qualified Referral occurs; however, Customer acknowledges and agrees that the Company is not required to pay any Commission to Customer until the Company has actually received the corresponding Sportsbook Operator Revenue, and that Customer will be solely responsible and pay the Company for (and the Company may deduct from any Commission payments to Customer) the full amount of any Chargebacks and other Deductions, regardless of when such Chargeback or other Deduction is claimed by the Sportsbook Operator. Commissions earned are solely the result of Sportsbook Operator’s evaluation and approval of referrals from the Applications and the Company has limited say and visibility into how these referral transactions are evaluated and approved, nor why a referral transaction was disallowed or not paid on. Customer agrees that different Sportsbook Operators use different Sportsbook Operator Revenue calculations based on pre-negotiated, fixed amounts per Qualified Referral, CPAs “cost per actions” (without limitation). Customer is encouraged to review all Sportsbook Operator affiliate program terms and conditions. Any and all requests and appeals for payment or rationale behind click affiliation are NOT the responsibility of the Company, nor does the Company have any duty to help Customer solve the issue of affiliate payments. While the Company offers to cover the cost of some payment types, Customer is solely responsible for any fees charged by Customer bank or other provider for receiving payments from the Company. Further, should payments be returned or rejected, the Company will assess fees directly or deduct against Customer account balance. Indemnity Customer will indemnify, defend, and hold harmless the Company and its officers, directors, shareholders, employees, and agents from and against any and all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees and disbursements) resulting from or based upon (i) any claim that the Application infringes or misappropriates any third party intellectual property rights; (ii) Customer breach of any representations or warranties made by Customer in this Agreement or of any other obligation of Customers set forth in this Agreement or (iii) any claim by any Consumer or other third party arising from Customer use of the Service or Software, unless due to the Company’s negligence or willful misconduct. The Company will have no liability for these matters or for any of Customer end users’ claims relating to these matters, and Customer agrees to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to (a) Customer Applications or any materials that appear on Customer Applications, including the combination of Customer Applications or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of Customer Applications or any materials that appear on or within Customer Applications, and all other matters described in this Agreement; (c) Customer use of any Content, whether or not such use is authorized by or violates this Agreement, or applicable law; (d) Customer violation of any term or condition of this Agreement; or (e) Customer or Customer employees’ negligence or willful misconduct.
The Company reserves the right to update or modify this Agreement at any time and from time to time. When theCompany makes changes to this Agreement, the ‘Last Updated’ date at the top of this Agreement will be revised. If there are material changes to the Agreement, Company will notify Customer of any such modifications by posting a message on the Company website. Customer should periodically review this Agreement. Customer’s continued use of the Software and Service after any changes or revisions to this Agreement will indicate Customer agreement with the terms therein. Customer may not assign this Agreement without the prior written consent of the Company. How to Contact Us Please feel free to contact us at firstname.lastname@example.org there are any questions about this Agreement or the Company’s information practices with respect to personally identifiable information.