Effective 1st March 2018
TERMS AND CONDITIONS OF ACCEPTANCE FOR THE BOYLESPORTS AFFILIATE PROGRAMME
In order to submit the affiliate application form, applicants must tick a box to confirm acceptance of the terms and conditions applied. This application form will form a fundamental part of the agreement.
Once your form is successfully submitted you are officially requesting membership of the BoyleSports Affiliate Programme.
All applicants will be assessed and at the sole discretion of BoyleSports will be deemed successful, or in some cases unsuccessful. BoyleSports decision is final and not subject to any right of appeal.
Notification of applicant’s affiliate status will be sent via e-mail.
The following applies to all successful applicants:
- BRANDING AND PROMOTING BOYLESPORTS
- Throughout the term of this agreement and for the purpose of this promotion, BoyleSports grants you permission to display BoyleSports brand features and related content during the term as set out in this agreement and in accordance with our terms and conditions. BoyleSports will supply affiliates with all the creative up-to-date brand material. This agreement is solely between you, the affiliate, and BoyleSports and no other third party. Only you as an affiliate have permission to use our brand features in the form of text, logos, banners and flash images. Under no circumstance should any of BoyleSports branding be transferred by an affiliate to a third party site. All intellectual property rights and all services provided by BoyleSports to its customers shall remain the property of BoyleSports.
- Affiliates are not permitted to use the BoyleSports content in any way that is detrimental to BoyleSports or the reputation or goodwill of BoyleSports.
- All code for BoyleSports text, logos, banners and flash media will be provided to affiliates upon successful application, all of which will have been approved by BoyleSports. Any alteration of BoyleSports media is strictly prohibited. Throughout the term, you are obligated to use the most up-to-date material supplied by BoyleSports. Only BoyleSports approved advertising is permitted.
- Affiliates must ensure that their site does not mimic the layout, design or content of a BoyleSports site or confuse web users in any way into thinking that their site is a BoyleSports site.
- Acting as or pretending to be a BoyleSports representative is also prohibited.
- BoyleSports advertising material must not be used in the form of pop-ups, pop-unders, framing or any other similar means deemed to be invasive to many browsers of the web.
- Affiliates must agree to give BoyleSports access to their site if necessary in order to help assist in the maintenance of BoyleSports material. This may also be required for monitoring purposes to ensure that there are no breaches of the terms and conditions.
- BoyleSports may terminate this Agreement if it is determined (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights.
- Affiliates shall ensure that their site is only promoted to patrons aged 18 years or over.
- BoyleSports require notification at all times on amendments to the design or layout of an affiliate site as any alteration of content may influence BoyleSports opinion on the suitability of an affiliate site and in turn this may affect your affiliate status.
- In accordance with the terms and conditions of acceptance this agreement offers affiliates the non-exclusive right to direct customers to boylesports.com, boylecasino.com or boylepoker.com. This agreement does not form the basis of any fusion, partnership or joint venture of any kind. Affiliates will have no authority to make or accept any offers or representations on behalf of BoyleSports.
- Affiliates may not use any other marketing materials than the ones supplied by BoyleSports, any use of our third party suppliers marketing materials without having the expressed permission of BoyleSports will result in the suspension of affiliate payments.
- You shall incorporate and prominently and continually display the most up-to-date links provided by BoyleSports on all pages of your website in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Referral Commissions based upon your continued promotion of BoyleSports. We reserve the right to reduce Referral Commission percentages or withhold affiliate commissions if you reduce your efforts to recruit new Customers.
- REFERRING OF CUSTOMERS
- Each customer that registers on our sportsbook, casino, Bingo, Lotto and/or poker product from a BoyleSports click-through URL which originated from a click-through on an affiliate site will become a BoyleSports customer and as a result, all of the BoyleSports rules, policies and operating procedures will apply directly to them.
- BoyleSports reserve the right to close any customer account subject to misconduct or the misuse of any account in order to comply with BoyleSports rules and requirements.
- Subsequent to the Unlawful Internet Gambling Enforcement Act of 2006 passed by the U.S. Congress on 30 September 2006, BoyleSports no longer accepts customers who are resident in the USA.
- TRACKING AND REPORTING
- BoyleSports will endeavour to track all referred customers registrations and bets, which will be made available to affiliates in the form of a report accessible from your affiliate login.
- Any alteration of BoyleSports media is strictly prohibited. Adhering to this is essential as any changes to BoyleSports media will alter the underlying code. This code is significant for tracking and monitoring activity on a BoyleSports site which originated from an affiliate site i.e. registrations, bet placement etc. The code must be kept intact to allow BoyleSports to track and record your customer’s activity and provide such data in the form of a report accessible from this site always.
- DUPLICATE ACCOUNTS AND SELF REFERRALS
- It is important to note that affiliates can only hold one affiliate account and if you are seen to be using your own personal BoyleSports account or that of a family member as a means of creating custom from your affiliate site to a BoyleSports site you will not receive commission on this activity.
- SPAMMING
- BoyleSports will terminate this Agreement immediately without recourse if there is any form of spamming or if affiliates advertise any of BoyleSports services by another means.
- Affiliates shall not make any claims or representations, or give any warranties, in connection with BoyleSports and shall have no authority to, and shall not, bind BoyleSports to any obligations.
- BIDDING ON BRAND TERMS
- An affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of BoyleSports trademarks or otherwise include the words "BoyleSports", “BoylePoker”, “BoyleCasino” or variations thereof, or include metatag keywords on the Partner Site which are identical or similar to any of BoyleSports trademarks.
- INDEMNITY
- Affiliates shall not hold BoyleSports, its directors, employees and representatives responsible for any liabilities, losses, damages and costs, including legal fees, resulting from this agreement, and under the terms and conditions of its use.
- LIMITATION OF LIABILITY
- BoyleSports shall not be liable for any loss or damage, whether it be loss of business, loss of profits, business interruption, or any other consequential loss.
- BoyleSports shall endeavour to track customer activity originating from an affiliate site and report accordingly. In the event that BoyleSports are unable to identify an individual as originating from an affiliate site we shall not be liable.
- COMMISSION
- Affiliates will earn a referral commission, based on the net revenue generated from customers referred from your site after they open an account with BoyleSports and wager for real money at BoyleSports.com. To receive commission at the end of the month an affiliate must have generated a minimum of €100 (or currency equivalent) over the course of that month. If the balance is less than this amount it will be carried over to the following month.
- Net revenue refers to the gross earnings received by BoyleSports.com from customers via an Affiliate site, less all of the following:
- Monies paid to Customers as winnings.
- Monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof).
- Charges levied by electronic payment or credit card organisations.
- Bad debts.
- Free Bets and Promotional Specials
- Returned stakes.
- Transactions which are reversed by instruction from the card-holder's bank (commonly referred to as charge-backs).
- Voids and bet/deposit bonuses.
- Product Royalties
- BoyleSports retain the right to change the referral commission percentage and method of calculation of the referral commission in accordance with clause 12.
- BoyleSports may suspend or cancel any commission generated if there are deemed to be suspicious betting patterns on the accounts of the customers brought through by the affiliate’s website.
- All commission payments shall be made inclusive of VAT, if applicable. You shall be responsible for discharging all other duties, fees, excises or tariffs.
- We reserve the right to implement retrospective negative carryover.
- Your BoyleSports affiliate account must have a minimum of 5 active referred depositing customers before you will be eligible for Referral Commission payment. A deposit does not need to occur every month to count, but a customer must be active in the payment month to be eligible.
- TERMS OF PAYMENT
- As per clause 3, BoyleSports will track and record your customer’s activity and provide such data in the form of a report accessible from this site at all times
- BoyleSports will calculate the monies owed to affiliates at the end of each calendar month. If this amount is less than €100 or currency equivalent BoyleSports will withhold and carry forward money until such a time that over €100 is generated and there are over 5 newly active players in the previous 6 months for the affiliate. BoyleSports will send payment via BoyleSports player account or Bank Transfer.
- Affiliates may request their previous 6 months of under limits payments provided those payments are over €100 in total
- If any errors are made, BoyleSports reserves the right to recalculate and correct errors; therefore BoyleSports will pay money due or reclaim any over payment made.
- Commission accumulated and not claimed after one year, will be removed.
- Under limit payments, either due to minimum €100 or minimum 5 newly active players in the previous 6 months, not claimed within 12 months will expire and be removed.
- MODIFICATIONS
- BoyleSports may modify any of the terms and conditions contained in this Agreement or replace it at any time, without prior notice. Modifications may include, for example, changes in referral commissions and affiliate programme rules.
- If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the BoyleSports Affiliate Programme following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
- RESPONSIBLE PLACEMENT OF DIGITAL ADVERT
- Affiliates must ensure that they do not place digital advertisements on websites providing unauthorised access to copyrighted content.
- Affiliates must take all reasonable steps to ensure that third parties with whom they contract for the provision of any aspect of their business related to the licensed activities do not place digital advertisements on websites providing unauthorised access to copyrighted content.
- Affiliates must ensure that the terms upon which they contract with such third parties enable them, subject to compliance with any dispute resolution provisions, to terminate the third party’s contract promptly if, in the Licensee’s reasonable opinion, the third party has been responsible for placing digital advertisements for the licensed activities on such websites.
- Affiliates will be suspended and any commission payments cancelled should the affiliate be found:
- Committing click fraud
- Acting as a go between for other affiliates not registered in the programme
- To have been suspended by other companies
- Failing to protect under age customers
- Failing to comply with advertising standards, regulatory standards and data protection standards
- GOVERNING LAW
- The laws of the United Kingdom (UK) will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in the UK and affiliates irrevocably consent to the jurisdiction of its courts.
- ASSIGNABILITY
- An affiliate may not assign this Agreement, by operation of law or otherwise, without BoyleSports prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you, the affiliate, and BoyleSports (and our respective successors and assigns).
- NON-WAIVER
- BoyleSports failure to enforce an affiliate strict performance of any provision of this Agreement will not constitute a waiver of BoyleSports right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNISED BY BOYLESPORTS. None of BoyleSports employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
- REMEDIES
- BoyleSports rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. As an affiliate you acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, BoyleSports may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of BoyleSports rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that BoyleSports rights shall be enforceable in equity as well as at law or otherwise.
- SEVERABILITY/WAIVER
- Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
- SITE MAINTENANCE
- As an affiliate, you will be solely responsible for the development, operation, and maintenance of your affiliate site and for all materials that appear on your site. Affiliates are responsible for the maintenance of information available regarding BoyleSports and any affiliate site that posts false advertisements or promotional content promoting BoyleSports will have their agreement immediately terminated.
- DOMAIN NAMES
- Affiliates are prohibited from registering (or applying to register) any domain name similar to a domain name registered to BoyleSports or any other name associated with BoyleSports.
- TERMINATION OF AGREEMENT
- The term of this agreement begins upon acceptance of your application form. In order to terminate, written notification via e-mail is required by either party within this agreement.
- Once termination has been agreed upon, cessation of all rights and licences (outlined in the terms and conditions) will take place with immediate effect. Affiliates must remove all the BoyleSports media from their site and disable all links to BoyleSports. Affiliates are required to return to BoyleSports any confidential information obtained during the course of this agreement.
- BoyleSports may terminate this contract at any time if any of the terms in this document are breeched or if we deem your site to be no longer suitable for this programme.
- We may terminate this Agreement at any time and immediately upon notice to you if we determine that your site is generating fraudulent traffic and BoyleSports reserves the right to withhold any outstanding commissions.
Affiliate Collusion and Fraud - The term 'Fraud' in reference to affiliate collusion is an attempt by an affiliate or group of affiliates to create fraudulent income with a coordinated effort. Collusion shall include, but is not limited to:
- Coordinated bonus abuse in the attempt to collect affiliate income
- Coordinated betting where such bets are made as an offset to collect commissions
- Continual chargebacks by real money players for reasons of collecting commissions
- Offering affiliates and/or players financial incentives for the purpose of gaining a rebate from your affiliate commissions
- Duplicate affiliate and/or player accounts for the purpose of collusion
- Any other act which, BoyleSports has determined through detailed analysis, is being used to collect fraudulent commissions.
- You expressly agree to be bound by the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.