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Affiliate Program Terms and Conditions

 
 
 

I. General

 
  1. Tipico Services Ltd. (hereinafter called “Tipico Services”) is a company with head offices in Gibraltar that provides services to the operating companies of the Tipico Group in Malta.
  2. Tipico Co. Ltd. Malta (hereinafter called “Tipico Sports Betting”) is a company belonging to the Tipico Group that offers Internet customers the possibility to place bets, in particular sports bets, on the website www.tipico.com.  Tipico Co. Ltd. was granted a licence by the Maltese Lotteries and Gaming Authority with licence number LGA/CL2/180/2004.
  3. Tipico Casino Ltd. Malta (hereinafter called “Tipico Casino”) is a company belonging to the Tipico Group that offers casino games on the website www.tipico.com. Tipico Casino Ltd. Malta was granted a preliminary licence (Letter of Intent) by the Maltese Lotteries and Gaming Authority (LGA) with licence number LGA/CL1/180/2004.
 
 
 

II. Subject matter

 
  1. The subject matter is the implementation of advertising material made available by Tipico Services. The affiliate partner is given access to a secure domain on www.tipico.com with the aim of establishing advertising co-operation for mutual use. The mutual advertising co-operation is not exclusive on either side.
  2. Tipico Services makes a selection of advertising material available to the affiliate partner, in the form of banners, graphics, text, among others, for incorporation into the affiliate partner’s website. Tipico Services is entitled to change or limit the advertising material or make new advertising material available at any time. Through integrating this advertising material into the website, the affiliate partner can allow users of his website direct access to www.tipico.com by clicking the appropriate symbol and so place bets, participate in casino games or other betting and games.
  3. All costs for the graphic creation and design of all advertising material shall be assumed by Tipico Services. The affiliate partner shall bear the costs for integrating the advertising material.
 
 
 

III. Requirements

 
  1. Tipico Sports Betting specifically points out that advertising the betting and games offered by Tipico Sports Betting or procuring betting and gambling is subject to legal restrictions in certain countries and possibly even prohibited.
    In such an event the affiliate partner acknowledges that he is not entitled to publish Tipico Services advertising material on his website. In this case the affiliate partner is also forbidden to participate in the affiliate programme and register for this through www.tipico.com.
    If, after conclusion of the agreement or after publishing the advertising material on the affiliate partner’s website, this is prohibited by legal restrictions, the affiliate partner is obligated to remove the advertising material from his website immediately. The affiliate partner is obligated to obtain information about legal restrictions on a regular basis.
    The affiliate partner is liable for losses incurred by the operational companies of the Tipico Group or by the affiliate partner as a result of disregarding legal restrictions.
  2. The affiliate partner operates the website in his own name and is not limited in his authority.
 
 
 

IV. Conclusion of the Agreement

 
  1. Tipico Sports Betting shall make a registration form available online. The affiliate partner shall fill it in online. After receiving the completed form the application shall be checked by Tipico Services. The affiliate partner shall be informed by email if the application has been accepted. Tipico Services reserves the right not to accept applications.
  2. On acceptance, the affiliate partner obtains access to his domain, which is secured with a password. In the personal domain the affiliate partner receives access to all relevant advertising material and commission relevant turnover from the joint co-operation.
 
 
 

V. Licences

 
  1. On conclusion of the agreement the affiliate partner acquires a non-transferable right, which can be cancelled at any time, to use the available advertising material for the purpose of creating links to the website www.tipico.com.
  2. The affiliate partner is forbidden to modify the advertising material or change it in any way. The licence expires with the termination of the agreement.
  3. Tipico Services concludes this agreement on the basis of the design and content of the affiliate partner’s website on the day of entering into this agreement. Changes to the affiliate partner’s website, in particular with regard to its content and other advertising material require the written consent of Tipico.
  4. Tipico Services shall retain the copyright to the design of the advertising material made available within the partner programmes as well as to all other information accessible on the website of the Tipico Group.
  5. Changing the URL address of the affiliate partner's website does not constitute a change to the agreement nor does it affect his rights and duties from this agreement.
 
 
 

VI. The website of the affiliate partners

 
  1. The affiliate partner incorporates the advertising material chosen from the material made available within the partner programme into his website and thus establishes a link to the website of the Tipico Group. With the help of the assigned affiliate-ID, the www.tipico.com registration system identifies customers that are gained via the link of advertising material of the affiliate partner.
 
 
 

VII. Commission

 
  1. The affiliate partner shall receive a result dependent commission for the integration of the advertising material. This is calculated on the net revenue from new customers referred by the affiliate partner to the Tipico Group website. New customers are those customers that do not yet possess a customer account with the Tipico Group and have gained access to the Tipico Group website via advertising material that the affiliate partner has posted on his website. They must have registered in proper form as customers on the Tipico Group website and made payments into the account.

    The net revenue is calculated as follows depending on the individual business segment:
    1. Sports betting: The stake that is placed with Tipico Malta minus winnings payouts, cancelled bets, repayments, customer bonuses granted, special payments, costs of payment points, expenses from chargebacks on credit card payments and government taxes.
    2. Casino: Gaming turnover minus winnings payouts, expenses from chargebacks from credit card payments and other payment points, gaming fees, customer bonuses granted, costs of payment points, government taxes and the pro-rata licence fee payable to the casino provider by Tipico Casino Ltd.
  2. In Germany, bets made from your customers with permanent and regular residence in Germany are subject to a 5% tax on stakes paid to the competent German tax authorities.
    In Denmark, Tipico Co. Ltd. and his affiliates are subject to a tax of 20% of the gross gaming revenue as defined by the Danish Gambling Authority. In Italy, bets made from your customers on tipico.it are subject to a 2% tax on Single bets and a 5% tax on Multiple bets.Tipico Co. Ltd. and his affiliates are also subject to a 20% tax on the gross casino revenue.
  3. The amount of commission always relates to the amount of the total net revenue from the customers referred by the affiliate partner on the website www.tipico.com. The percentages valid at any one time are listed on the Tipico Affiliate website. Tipico Services reserves the right to make changes to the percentages as well as to individual arrangements by using the contract amendment procedure.
  4. The commission is settled at the end of the month and credited to the affiliate partner’s account by the 15th of the following month, as long as a minimum amount of EUR 20.00 has been attained. If the minimum commission has not been reached, the entitlement to commission shall be forfeited.
  5. The provision shall be made payable with an application form. For this purpose there are a number of different payment methods. Payments shall be made exclusively in Euro. Bank charges that accrue from bank transfers and/or cancellations by the receiving bank due to incomplete or incorrect information shall be debited to the affiliate partner. Tipico Services reserves the right to withhold all payments to the affiliate partner if incorrect information regarding bank details has been supplied, continuous inquiries arise or there is a risk of fraud.
  6. The commission comprehensively covers all services and expenses on behalf of the affiliate partner; a claim for reimbursement of expenses and costs, in particular for further betting activities of the affiliate partner shall only exist if the affiliate partner has been specifically instructed in this regard in writing by Tipico Services.
  7. All further entitlements to commission expire with termination of the agreement.
 
 
 

VIII. Duties of Tipico

 
  1. Tipico Services shall make all advertising material and information necessary for the correct implementation available to the affiliate partner online in his personal domain.
  2. Tipico Services shall register all turnovers accomplished via the published advertising material and calculate the net revenue. Tipico Services shall make monthly statistics available to the affiliate partner and provide all customer services connected to the processing of service transactions.
  3. The General Terms and Conditions of Tipico Sports Betting apply to the customers referred. Tipico Sports Betting is not obligated to accept a customer referred and also has the right to refuse individual bets from customers or limit their wager.
 
 
 

IX. Duties of the contracting partner

 
  1. The affiliate partner is exclusively responsible for the technical incorporation of the advertising material. Only advertising material made available in the affiliate programme may be used, otherwise there can be no warranty for correct registration and settlement of games and bets.
  2. The affiliate partner is responsible for the technical operation of his website, in particular the link to the website www.tipico.com as well as for ensuring that the content of the website does not infringe on the rights of third parties or violate the law in any other way.
  3. The affiliate partner is responsible for the development, operation and maintenance of his website as well as for all material that appears on the website. He guarantees that no violent acts, sexually explicit content or discriminating comments or presentations with regard to race, gender, religion, nationality, disability, sexual orientation or age appear on his website and indemnifies the Tipico Group in this respect.
  4. The affiliate partner assures that the material displayed on his website does not infringe on the rights of third parties (including copyrights and trademark rights, common personal rights and other rights) and that the material displayed on his website is neither insulting or defamatory nor in any other way unlawful and indemnifies the Tipico Group in this respect. The affiliate partner commits himself to inform the affiliate team of any changes to the name of his website or the incorporation of additional banners on websites not yet made known to Tipico Services.
  5. Advertisements and other publicity content on the affiliate partner’s website may contain neither unlawful nor illegal misrepresentation that could be damaging to the business of the Tipico Group. Also disallowed is the conscious participation in selling undesirable advertisement (e.g. SPAM). The affiliate partner commits himself to adhere to all compliance guidelines and requirements that are specified by the Tipico Group in the course of time. If the affiliate partner contravenes this stipulation, Tipico Services shall be entitled to terminate the agreement with immediate effect. The websites or parts thereof may not be aimed at persons under the age of 18.
  6. The affiliate partner may not design his website in such a way that it could be mistaken for the website www.tipico.com or create the impression that the affiliate partner’s website is operated wholly or in part by the Tipico Group. The affiliate partner is not permitted to use certain keywords of the Tipico Group in search engines without the prior written consent from Tipico Services.
  7. The affiliate partner is not permitted to use the name of Tipico or other possible names or brands of the Tipico Group other than through the installation of the advertising material on his own website. The affiliate partner must thereby refrain from using names or designs that are similar to those of the Tipico Group.
  8. The affiliate partner is not permitted to offer customers refunds, bonuses, discounts or other benefits for registering on the website www.tipico.com. In the event of contravention the affiliate account shall be blocked immediately from the Tipico Services affiliate programme.
  9. The affiliate partner is not permitted to increase his commission by any kind of fraudulent behavior, including but not limited to collusion, creation of fake accounts and abuse of promotions.
 
 
 

X. Duration

 
  1. Both contracting parties may terminate the agreement with immediate effect without providing reasons or observing a notice period. Tipico Services shall terminate the agreement at any time that the affiliate partner has violated an essential obligation of this agreement or if the implementation of this agreement is or becomes unlawful.
  2. In the case of termination of the agreement, the affiliate partner is obligated to immediately delete all integrated advertising material from Tipico Services. He is not entitled to a right of retention or challenge.
  3. Tipico Services is obligated to settle and pay the commission due on the net revenue by the 20th of the following month. Tipico Services is entitled to offset commission still payable against monies owed by the affiliate partner. After termination of the agreement the affiliate partner is not entitled to further commission or other remuneration from Tipico Services.
  4. Tipico Services reserves the right to perform regular controls with regard to the affiliate partner’s website.
 
 
 

XI. Confidentiality

 
  1. All information gained from the co-operation must be treated confidentially and may not be used for personal, commercial or other purposes either directly or indirectly, nor made known to third parties.
  2. This does not apply to information that is in the public domain. The contracting parties are entitled to pass on information by order of the court to persons subject to legal obligation to secrecy or when a legal obligation to release the information exists.
  3. Email addresses as well as all user data may only be used for internal purposes. The affiliate partner commits himself to comply with the provisions of the data protection law and the data protection provisions of the telecommunication law.
 
 
 

XII. Warranty and liability

 
  1. Tipico Sports Betting warrants that the website www.tipico.com is operated in line with current technical possibilities. For further claims no liability is assumed.
  2. Liability for wilful default and gross negligence shall be limited to the legal representatives of Tipico Services and their vicarious agents. Tipico Services’ liability for whatever reason is limited to the amount of commission paid to the affiliate partner within the last six months. If the agreement is terminated before the expiration of six months the commission paid out until that time is decisive for calculating the damages.
 
 

XIII. Changes to the agreement

 
  1. Tipico Services reserves the right to change conditions and provisions of this agreement at any time. The affiliate partner shall be informed of the changes by email. If the agreement is not terminated within two weeks of transmission of the changes, the changes shall be considered accepted.
  2. Tipico Services further reserves the right to assign all rights and duties from this agreement to another company belonging to the Tipico Group. The affiliate partner will be notified of any such assignment.
 
 

XIV. Miscellaneous

 
  1. The agreement is subject to the laws of Gibraltar. For disputes arising from this agreement, Gibraltar is agreed to be the legal venue.
  2. Changes and amendments to this agreement must be made in writing. There are no oral supplementary agreements.
  3. If one of the contractual provisions is or becomes ineffective, the ineffective provision shall be replaced with one that comes as close as possible to the commercial purpose of the ineffective agreement. This does not affect the remaining provisions of the agreement.
  4. This affiliate agreement is made available on the Internet in German and English. The English version of this affiliate agreement is authoritative in the case of contradictions between different language versions.
 
 

Version 5
Date of issue 16.01.2013

Tipico Services Limited
The Board of Directors

Tipico Company Limited
The Board of Directors

Tipico Casino Limited
The Board of Directors

© 2004 - 2016 Tipico Co. Ltd.

 
 
 
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