GENERAL CONDITIONS FOR PARTICIPATION IN THE WINBET.IT PARTNER PROGRAM
WINBET.IT is an electronic website / internet based, online betting platform /”(the) Website”, “(the) Platform”/ administrated and managed by the owner of the website/platform “WIN BET ONLINE” EOOD, Unified Identification Code 203294705, having its seat and registered office at Sofia City, Mladost Region, Mladost – 2 r.d., Sveti Kipriyan St., bl. 292, hereinafter also referred to as “(the) Organizer”.
The WINBET.IT Partner Program /”(the) Partner Program”, ”(the) Program”/ has been created in order to expand the client network, to facilitate end client access to the services offered by the website, and to regulate the relations between the Organizer and registered partners /”(the) Partners”/.
These General Conditions for participation in the WINBET.IT Partner Program /”(the) General Conditions”/ stipulate the rules for registration and participation in the Program, as well as the rights and obligations of the Organizer and the Partners /”(the) Parties”/.
Registration and participation in the Partner Program
Art. 1./1/ Any person or legal entity that wishes to join the WINBET.IT Partner Program must explicitly state that it agrees and accepts these General Conditions, and must send electronically its application/candidature for participation in the Program by filling in the electronic form for partnership application accessible at this website.
/2/ The Organizer will have the right to accept or reject the application/candidature under the preceding paragraph without being obliged to justify its decision.
/3/ The decision of the Organizer to reject the application/candidature is final and is not subject to any change and/or reconsideration.
Art. 2. /1/ The Organizer confirms the acceptance of the application by means of explicit notification to be given to the applicant/candidate at its electronic mail indicated in the application.
/2/ Through the confirmation of the application/candidature on the part of the Organizer, the applicant acquires the capacity of registered Partner.
/3/ In the event that the Organizer rejects the application/candidature for participation in the WINBET.IT Partner Program, it will notify the applicant/candidate about its rejection through a communication of rejection to be addressed to the applicant/candidate at its electronic mail indicated in the application.
Art. 3. /1/ These General Conditions for participation in the WINBET.IT Partner Program will enter into force, will have a binding effect between the parties, and will be mandatory for every registered partner through their explicit acceptance by the Partner and the confirmation of the registration on the part of the Organizer. These General Conditions will certify and serve as evidence about the relationships between the parties.
/ 2 / The Affiliate is required to provide WINBET with any type of document requested by the Operator (for example, in the case of a private individual, one or all of the following documents: copy of a valid passport, copy of the driving license valid guide, copy of the bill of a domestic user, a bank account statement; or, in the case of a legal person, copy of the certificate of incorporation, constituent documents, information on the identity of the beneficial owner and on the identity of the directors); the Affiliate also acknowledges that, in the absence of such documents, payments may be delayed or not be made.
/ 3 / By filling out the application form / request / and ticking the relevant box, the Affiliate declares to be 18 years old, to apply for registration in the Affiliate Program and to accept the conditions of the program.
Referral commission. Calculation and payment
Art. 4. /1/ On the basis of the registered, pursuant to art. 8, par. 1 of these General Conditions, activity of the Client/s recommended by the Partner, the Organizer will pay the Partner a commission /”referral commission“/ in the amount of up to 40 % of the net profit of the Organizer to be formed pursuant to and under the provisions of par. 2 and par. 3 of this article and of art. 5 of these General Conditions, and to be registered on the basis of the monthly betting of the Client/s recommended by the Partner who have opened their own client account and have betted real money on any of the sections in the WINBET.IT website. The commission will be paid as a percentage of the net revenue generated from the clients recommended by the Partner being active for the respective calendar month, in accordance with the provisions stipulated in these General Conditions. Upon its affiliation with this Partner Program, our default commission in the amount of up to 40% of the net profit will be set for the account of the Partner. The Partner will have the right to receive commission for the clients directed by it for an indefinite term, in force as of their first deposit, except if the participation of the Partner in the Program is terminated for any reason whatsoever.
/2/ The Organizer will pay a referral commission only if during the respective month not less than 3 /three/ new clients recommended by the Partner have been registered at the WINBET.IT website, such clients having opened their client accounts, and at least 5 /five/ clients recommended by the Partner have been active. Active clients are deemed to be those clients recommended by the Partner who have made bets worth not less than 50 /fifty/ currency units at the WINBET.IT website, regardless of which section of the website their gaming activity is in.
/3/ A minimum sum which the Partner may demand for payment will be a generated commission in the amount of 50 currency units.
/4/ When forming the monthly partner commission to a Partner – legal entity, value added tax (VAT) will be included in the commission value. The Partner will be responsible for the payment of any taxes on the income from the affiliate program according to the legislation applicable thereto.
/5/ For the avoidance of any doubt, the Partner will be entirely responsible for any and all costs and expenses related to its marketing and advertising obligations in connection with the Program.
Art. 5. /1/ When determining the amount of the referral commission payable by the Organizer, the rules stipulated below in this article will apply, and terms and notions will be used, whose meaning will as be follows:
5.1. Net profit – The net profit is formed on the basis of the recommended client’s activity during a calendar month, where from the sum of bets made, there will be deducted: the sum of paid profits; the difference from the bets made with bonus funds and the profits paid thereunder; taxes and fees to providers, and the disputed payments.
5.2. Disputed payments – the payments about which the holder of a given credit/debit card establishes to have been made through transactions performed illegally by a third party, about which such holder has notified the bank that it should cancel the payment and reimburse the sums. In case of disputed transactions performed by clients recommended by the Partner, the disputed sum will also be withheld and deducted from the commission payable to the Partner for the respective calendar month.
/2/ In the event that the value of disputed payments exceeds the commission generated by the Partner, and the account of the Partner has a negative balance, the sum of such negative balance will be transferred for the next calendar month and must be covered by the next commission payable to the Partner. In such case, the value of the commission for the respective month will be formed as the difference between the commission determined according to the rules of art. 4 and art. 5 of these General Conditions and the value of the negative balance transferred from the previous month.
/3/ In the event that the clients recommended by the Partner generate negative revenue for the respective calendar month, such revenue will be carried over to subsequent reporting periods and will be deducted from the financial result during such subsequent months until a positive balance is reached. A commission may only be paid after covering a negative result from previous months and reaching a positive balance generating a commission exceeding the minimum sum of 50 currency units necessary for the realization of payment.
/4/ In the event that the clients recommended by the Partner generate revenue for the respective calendar month, but the conditions for the payment of commission (art. 4) have not been fulfilled, such revenue will be carried over to subsequent reporting periods until the provisions under art. 4 of these rules have been fulfilled.
/5/ The Organizer reserves its right to periodically change the structure of forming the commission (or part thereof) for any reason it may deem fit.
Art. 6. /1/ The sums constituting a referral commission will be calculated and paid to the Partner in the respective currency unit, using one of the following methods as preliminarily stated the Partner:
6.1 Through bank transfer to an account specified by the Partner;
/2/ The commission is only paid towards banks in the Republic of Italy and/or the European Union.
/3/ In case of entry of incorrect data by the Partner regarding payment/payment method, the Organizer will not bear any responsibility, and the payment will be deemed properly made.
/4/ In the event that the Partner does not agree with the reports or with the sum payable to it, it must not demand and accept payment for such sum, but should immediately send written notice to the Organizer regarding its disagreement, otherwise his right to dispute is precluded. The acceptance of a transfer of payment or the acceptance of another payment from the Organizer will be considered as full and final payment of the commission for the respective period. Notwithstanding the foregoing, if any overpayment is made upon the calculation of the revenues of the Partner, the Organizer reserves its right to adjust such calculation at any time and to have any overpayment made by the Organizer to the Partner reimbursed from the Partner.
Rights and obligations of the Organizer
Registration of clients.
Art. 7. /1/ For the needs of these General Conditions, “Client/s“ will be the customers recommended by the Partner, who through their own registration at the website and/or opening their own client account, become a part of the client database of the Organizer.
/2/ The Organizer will have the right to accept the registration of clients recommended by the Partner and to track their transactions.
/3/ The registration of a Client recommended by the Partner in the WINBET.IT website will be performed using a special code to be provided by the Organizer to the Partner, following confirmation of the registration of the Partner pursuant to the order stipulated in art. 2, par. 1 of these General Conditions.
/4/ The Organizer will have the right, at its discretion and/or upon the occurrence of the conditions and/or the events specified in these General Conditions, to refuse the registration of any Client/s and/or to close already opened client accounts.
/5/ By its registration at the WINBET.IT website and opening its own client account, every Client recommended by the Partner will become a client of the WINBET.IT website, and all rules and procedures of the Organizer regarding participations and the use of the website will be applicable in respect thereof.
/6/ The Partner will not have the right to create other affiliate accounts of its relatives or employees, as well as to register/ to refer such persons for registration to the website of the Organizer.
Tracking of activity
Art. 8. /1/ The Organizer will be obliged to track the bets, the participation, and the activity of the Client/s recommended by the Partner, and to provide the Partner with reports about client activity by sending those to the account opened by the Organizer for each registered Partner.
/2/ The report under the preceding paragraph will be prepared and sent by the Organizer to the Partner by the 15th day of the month following the month to which the report pertains.
/3/ In case of any discrepancy between a report in the system at http://www.winbetaffiliates.com/ and the WINBET database, the latter will be deemed trustworthy.
/4/ The Partner should provide the Organizer with a detailed monthly report within the term under par. 2 regarding the situation of the Organizer on its website, including with photographic material.
/ 5 / The Operator’s site and the links / links are provided “as is” without warranty of any kind, explicit or implicit, and all warranties (including warranties of merchantability, non-infringement of intellectual property rights, suitability for particular purpose, completeness or accuracy of the content) are excluded to the maximum extent permitted by law. The Operator does not offer any guarantee for the supply of materials and content on WINBET or that the links to the Operator’s site will be uninterrupted, nor that they will always be timely, safe and free of viruses or errors.
Rights and obligations of the Partner
Art. 9. /1/ By submitting an application for registration in the Partner Program and by accepting these General Conditions, the Partner gives its consent to the maintaining of unique links from its website to the website of the Organizer WINBET.IT. The maintaining of the link to the WINBET.IT website will only be performed by means of one of the following methods: banners, articles, or text links.
/2/ The Partner will not have the right to manipulate/shorten/modify the links set by the affiliate platform.
/3/ Any violation of par. 1 and/or 2 will be grounds for unilateral termination of the membership of the Partner in the program on the part of the Organizer.
Art. 10. /1/ The minimum number of new sign ups recommended by the Partner for the last 3 months must be at least 9 /nine/. In the event that the Partner fails to fulfill this condition, the Organizer will have the right to unilaterally terminate the membership of the Partner in the program.
/2/ The commission under an Inactive partner account which has not shown any activity or has hardly had any activity for attracting new clients for a period of 60 days may be revised with 5% reduction.
Spam and unregulated software
Art. 11. In the event that it is established that the Partner advertises the products and services of the Organizer in an unregulated manner or any manner other than as specified in these General Conditions, the membership of the Partner in the program will be terminated by the Organizer without notice. In such case, the Partner will not have the right to make any claims and/or demands against the Organizer in connection with its participation in the program, as well as to bind the Organizer with guarantees and/or obligations.
Art. 12. /1/ Any websites that contain and advertise unregulated, malicious software, or any software constituting: Trojan horses, bots/programs constituting unregulated high traffic and activity on our advertising materials, viruses, programs for spying and theft of data, or ones that are aimed at violating, taking advantage of, or intentionally misusing personal information of our clients, are strictly prohibited.
/2/ In the event that any non-compliance with the prohibition under the preceding paragraph is established, the Organizer will have the right to close a partner account without being obliged to give notice to the Partner. In such case, the Partner will not have the right to receive partner commissions and/or any other payments whatsoever in connection with its participation in the Partner Program.
/3/ The Partner must comply with all applicable laws and any policy notified by the Organizer via its website, or otherwise in connection with the measures against money laundering and / or suspicious transactions.
/ 4 / The Operator reserves the right to request the application of criminal or other sanctions against the Affiliate, if it suspects that the latter has committed fraudulent, dishonest or criminal actions and will report this circumstance to the competent authorities. Fraudulent acts include acts performed by the Affiliate in bad faith and / or acts with the purpose of defrauding the Operator.
Partner Complicity and fraud
Art. 13. /1/ The Partner Complicity /”Complicity”/ is a premeditated action or behavior on the part of a Partner or a group of partners aiming for them to acquire illegal profits through interrelation among one another. Upon establishing such non-permitted actions or gaming behavior, the Organizer will have the right not to pay the generated commission.
/2/ For the needs of these General Conditions, Complicity will also be deemed to be the specific actions or behavior on the part of a Partner or a group of partners as follows:
- Interrelated misuse of bonuses for the purposes of acquiring partner income;
- Interrelated activity for betting with one and the same betting models and schemes for the purposes of acquiring higher commissions or receiving higher limits for betting, including, but not only:
2.2. Unregulated betting with large sums guaranteeing secure profits, irrespective of the final outcome of a given sports event or a market related thereto.
2.3. Excessive and purposeful betting on one sports event aimed at unregulated gain and acquiring secure and constant profits such as client activity between 50-100% on a precisely defined market or on one event, without there being other played markets or events. If the Organizer establishes such type of Client recommended by the Partner, the Organizer will have the right: to require subsequent and additional verification; to close a client account, or to perform activities for preventing future losses of its.
- Any initiated and premeditated action towards encouraging returns from real gamblers for the purposes of receiving commissions;
- Offering sums to other partners or gamblers for the purposes of acquiring deductions from the referral commission payable to the Partner.
- Registering duplicate partner accounts or ones of gamblers/clients for the purposes of Complicity and fraud;
- Initiating subsequent actions which, following estimation and discretion on the part of the Organizer, may be categorized as methods and means for achieving and receiving illegal profits.
Art. 14 /1/ Every partner will be entitled to one partner account. In the event that a second account is established, opened for the same Partner, the Organizer will have the right to close both partner accounts without being obliged to justify such closing and/or to address any warning to the Partner. This provision will likewise be applied upon establishing more than two accounts.
/2/ The Partner will not have the right to create a client account in its name by using the advertising materials /banners, texts and links/ which have been provided to it via the WINBET.IT Partner Program. In the event that such violation is established, the Organizer will have the right to unilaterally terminate the membership of the Partner in the program without being obliged to justify such termination and/or to address any warning to the Partner.
/3/ Any Client recommended by a Partner will have the right to open in its name one client account only. In the event that the Organizer establishes any duplication of accounts, it will have the right to require additional documents or to close client accounts.
Other rights and obligations
Art. 15. /1/ The Partner will not have the right to register trademarks and/or use howsoever the WINBET/WINBET.IT name or any other names related to the WINBET/WINBET.IT trademarks, as well as names similar to such marks.
/2/ Any violation of par. 1 will be grounds for unilateral termination of the membership of the Partner in the program on the part of the Organizer.
Art. 16. /1/ The Partner will not have the right to buy, register and/or use any keywords, search, as well as forwarding, instructions that are identical or similar to the WINBET.IT trademark, as well as to any other names that may be related to the WINBET/WINBET.IT brand.
/2/ The Partner will not have the right to register or to order for registration any domain names that are identical or close to WINBET/WINBET.IT, or that contain the WINBET verbal combination in any manner whatsoever.
/3/ Any violation of par. 1 and/or 2 will be grounds for unilateral termination of the membership of the Partner in the program on the part of the Organizer.
Art. 17. /1/ The Partner will have the right to use only and exclusively the up-to-date advertising products /banners, texts, logos, etc./ approved by the Organizer.
/2/ The Partner will not have the right to make any changes to the appearance and integrity of such approved advertising products, as well as to use any products other than those provided at http://www.winbetaffiliates.com/ , including, but not only, it may not make or apply any changes whatsoever to the promotional materials on the website of WINBET.IT.
/3/ Any violation of par. 1 and/or par. 2 will be grounds for unilateral termination of the membership of the Partner in the program on the part of the Organizer.
/4/ The Partner must accept and prominently show the latest links and advertising materials provided by the Organizer on all pages of the website of the Partner in a manner to which the Organizer agrees, and in a place approved by the Organizer, without changing the form, place or actions of the links without the Organizer’s prior consent. The Partner will be entitled to a referral commission based on the continuous promoting of Sports in WINBET.IT, Casino in WINBET.IT, or live casino in WINBET.IT. The Organizer reserves its right to reduce the percentages in relation to the commission if the Partner reduces its efforts in relation to the recruitment of new clients, as well as if the uploaded advertising materials are not up-to-date.
/5/ If the Partner wishes to offer some incentives and/or bonuses to potential gamblers, it will be required to obtain written approval from the Organizer in advance before anyhow commencing such activity. If it does not obtain the said approval, but offers such incentives and/or bonuses, the Organizer reserves its right to terminate the participation of the Partner in the program and to refuse payment of all commissions earned hitherto but not paid.
Art. 18. In the event that any suspicious or fraudulent traffic is detected, it will lead to damage for the Organizer, who in such case will have the right to terminate the membership and to penalize the Partner by not paying it the referral commission payable to it.
Art. 19. /1/ Any information provided by the Organizer to the Partner in connection with its participation in the Partner Program or contained in or provided with these General Conditions will be confidential and will constitute trade secret as being directly related to the commercial activity of the Organizer /operations and technologies related to the Partner Program, commissions, etc./. By submitting the application for registration and accepting these General Conditions, the Partner agrees not to use and/or disclose any information whatsoever about the activity of the Organizer that may have become known to it in the course or by virtue of its participation in the Partner Program.
/2/ The Partner may use the information specified in the preceding paragraph only with the explicit written consent of the Organizer and only when this is necessitated for the exercise of its rights and the fulfillment of its obligations regulated by these General Conditions.
/3/ The obligation to observe confidentiality and trade secret regulated in the preceding paragraphs of art. 19 will continue in force after the termination of the participation of the Partner in the Partner Program.
Art. 20. In the course of participation or in connection with its participation in the Partner Program, the Partner will be obliged to align its actions and behavior with the provisions of the Competition Protection Act and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, as well as any other laws and normative acts regulating the protection of personal data and the confidentiality of information.
Art. 21./1/ The Partner is fully responsible for developing, maintaining and operating its website/websites, as well as for all articles and materials that it publishes therein and in each of its advertising channels.
/2/ The Partner will be obliged to ensure that any published content is not contrary to the law and that such content is not false, as well as that all advertising materials are intended for persons over the age of 18.
/3/ The Partner is fully responsible for any content published by it and for the lawfulness of such content according to par. 1 and 2, and will be obliged to take all necessary measures in order to protect the Organizer against damages, demands and expenses /including legal fees and costs, lawyer’s fees, etc./ which the Organizer would incur in connection with the development, maintenance, and content of the website of the Partner. For the avoidance of any doubt, the Organizer bears no responsibility for the advertising materials published by the Partner. The WINBET.IT Partner Program is intended only and exclusively for the direct participation of a Partner. If a partner wishes to transfer its account to a different holder, it must notify the Organizer thereof, who, for its part, will have the right to approve or not to agree with such transfer, without being obliged to justify its decision.
/4/ The Partner will not have the right to modify or change any banners, articles or links whatsoever being an object of the Copyright and Related Rights Act and the Marks and Commercial Designations Act. All trademarks must only be used in a manner preliminarily approved by the Organizer.
/5/ No illegal traffic will be tolerated. Banners and links may not be placed or promoted via unregulated and unauthorized e-mails, chat rooms, posts in different social groups, or by using bots. Any of the listed actions may lead to termination of the membership in the program.
/6/ In the event that the Organizer establishes any form of Spam traffic through the fault of a Partner, or if a Partner discredits and/or damages the good name of WINBET/WINBET.IT through illegal or wrongful advertising, such as written form or misrepresented words, the Organizer will have the right to unilaterally terminate the participation of the Partner in the program.
Art. 22. Only and exclusively the Partner is responsible for the correct referral of clients to WINBET.IT.
Art. 23. Only correctly redirected clients will be enrolled with our Partners. If it is established that in any manner whatsoever a Partner has used an incorrect code for referral and registration to the Organizer, the respective clients will not be considered and enrolled in its partner account.
Art. 24. There may not exist any connection between a website of a registered partner and that of WINBET.IT beyond the regulations contained in these conditions.
Conditions, Termination and Inappropriate Websites
Art. 25. These General Conditions will enter into force and will bind the Partner and the Organizer as of the time when the procedure related to registering the Partner has been successfully implemented and an approval has been received on the part of the Organizer.
Art. 26. /1/ Except in the instances of unilateral termination of the participation of a Partner in the Partner Program, as specified in these General Conditions, the participation in the program and the binding effect of the General Conditions for the parties may be terminated by either party – Organizer or Partner, by means of a notice of termination to be addressed to the counterparty.
/2/ The notice may be sent in writing or to an electronic mail address specified by the parties.
/3/ The participation in the program will be deemed terminated when the notice of termination reaches the party to which such notice has been sent.
Art. 27./1/ The participation of a Partner in the program may be unilaterally terminated by the Organizer also in the event that the Organizer reckons that the website of such Partner is inappropriate.
/2/ Inappropriate will be any websites from the following categories: intended for children, showing pornography or other sexual acts, promoting or containing violence and any type of discrimination based on race, gender, sexual orientation or age, promoting illegal actions or infringing any intellectual property rights or advertising regulations or practice code.
Art. 28. /1/ With the termination of membership in the program, the binding effect of these General Conditions will also be terminated, save for the instances under art. 19, par. 3.
/2/ With the termination of membership, the Partner will be obliged to remove all banners and advertising materials of WINBET/WINBET.IT from its website and all channels used, as well as to return to the Organizer all copies of materials and documents containing information about or in connection with the Partner Program that it possesses.
Art. 29. /1/ The Partner and the Organizer are independent parties, and the acceptance and consent on the part of the Partner with regard to these General Conditions will not create any partnership, joint venture, agency, chain, commercial representation or business relations between the Partner and the Organizer.
/2/ The Partner will not have the right to accept and/or make any offers and proposals on behalf of or for the account of the Organizer.
Additional conditions and provisions
Art. 30. In the event that after the termination of the membership of a Partner in the program the Organizer continues to provide its services to clients recommended by such Partner, this will not mean that the membership of the Partner in the program and/or the effect of these General Conditions between the parties has been extended.
Art. 31. After the termination of membership and/or the effect of these General Conditions between the parties, the Organizer will have the right to retain the last payment of commission payable to the Partner, within a reasonable term, with a view to the correct calculation and payment of the proper payable sum.
Art. 32. In the event that the Partner fails to fulfill any of its obligations regulated by these General Conditions, the Organizer will have the right to unilaterally terminate the membership of the Partner in the program and/or to refuse the payment of the referral commissions payable as at the date of establishment of the violation and/or termination of the membership.
Art. 33. The Partner will not have the right to transfer its participation in the Partner Program to a third party without the explicit prior written consent of the Organizer.
Art. 34. Each party will owe compensations for any damages and lost profits caused to the other party in accordance with the provisions of the effective Italian legislation.
Art. 35. /1/ The parties will be obliged to make every effort for the voluntary settlement of any disputes regarding the validity, interpretation and fulfillment of these General Conditions and/or the participation in the WINBET.IT Partner Program.
/2/ Any disputes arising from these General Conditions and/or the participation in the WINBET.IT Partner Program or relating thereto, including disputes arising from or relating to interpretation, invalidity, fulfillment or termination, as well as any disputes for filling in omissions in the General Conditions or their adapting to newly occurring circumstances, will be resolved by the competent Italian court.
Art. 36. The provisions of the effective Italian legislation will be applied in respect of any and all matters not settled in these General Conditions.
Art. 37. Any communications and notifications between the parties will be in written form for validity, which will also be deemed observed upon their addressing via electronic mail.
Art. 38. /1/ With the acceptance of these General Conditions by the Partner, between it and the Organizer there will arise a valid contractual relationship in connection with the participation of the Partner in the WINBET.IT Partner Program.
/2/ The Organizer will have the right to unilaterally change these General Conditions or individual provisions thereof, as well as to notify and publicize such change by means of explicit communication published on this website.
/3/ In the event that an already registered partner does not agree with any changes having occurred in the General Conditions, it may unilaterally terminate its participation in the program and the binding effect of the General Conditions pursuant to art. 26.
/4/ No other amendments, supplements, or deletions from these General Conditions and rules, except as made pursuant to par. 2, will be permitted or will be acknowledged by us. None of our employees or agents will have the right to make or to agree to any changes whatsoever in the conditions of the Partner Program.