These Terms are a binding contract between you and 88Cashbet which govern your participation in the Program. By participating in the Program, you agree to be bound by the most current version of these Affiliate Terms, which we may amend from time to time.
It is your responsibility to ensure that you are familiar with the most current version of these Affiliate Terms, and your continued participation in the Program after we post an updated version of these Terms shall constitute your express agreement to be bound by the updated Affiliate Terms. In the event you do not agree with the updated Terms, your only recourse shall be to terminate your participation in the Program.
If you have any questions or concerns about these Affiliate Terms or the Program, please send an email to: email@example.com
Affiliate: A natural or juristic person who has registered and is accepted by us as a member of the Program. Where the context requires, these Terms occasionally refer to the Affiliate as “you.”
Affiliate Site(s): A website (including any WAP, mobile or tablet version of the website), social media page and/or blog which is owned or operated by an Affiliate and used for the purposes of generating online traffic and referrals to 88Cashbet in accordance with these Affiliate Terms.
Affiliate Tracking Link: a unique tracking URL that we provide to each respective Affiliate for the term of this Agreement, through which we shall track New Customers and calculate Affiliates’ commission. Applicable Taxes: Any taxation, levy or similar mandatory payment (including gaming taxes and value added taxes) levied or charged on revenue, turnover, deposit or similarly driven by New Customer activity or activity volume. Approved Marketing Activities: Any lawful marketing activity conducted in compliance with these Affiliate Terms which has been approved in writing by an authorized 88Cashbet representative.
88Cashbet Marks: Any trademark owned by 88Cashbet or its affiliated companies and licensors, including but not limited to: 88Cashbet, 88Cashbet Casino and 88Cashbet Sports.
88Cashbet Site(s): Any 88Cashbet operated website, including any website operated by Skyrock Limited, in connection with which 88Cashbet makes Marketing Materials available to Affiliates through the Program for the purpose of the Affiliate performing affiliate marketing services in accordance with these Affiliate Terms.
Chargeback: Where a New Customer, a credit card issuing bank, or any other third party payment solution provider effects a reversal of charges in relation to a credit card or purchase transaction.
Confidential Information: Any information of whatever nature, which has been, or may be, provided by 88Cashbet in connection with the Program, whether oral, in writing, or in electronic form, including, without limitation, business or financial data, know-how, processes, reports, customer lists, price lists, Commission payment reports, and any other materials containing, reflecting, or generated from any such information.
Commission: The commission earned in connection with the affiliate marketing activities performed in accordance with these Affiliate Terms.
Fraudulent Activity: A deceptive act or omission which is, in the sole discretion of 88Cashbet, performed in order to secure for the Affiliate or any third party, a real or potential, unfair or unlawful advantage; or any conduct that 88Cashbet, in its sole discretion, determines to be, fraudulent, deceptive or dishonest, which shall include, but shall not be limited to: promotion abuse, system manipulation, fraudulent credit card transactions, Chargebacks, Match Betting/Arbitrage Betting, unauthorized use of third-party accounts, false or automated account creation and any collusion or cheating, or facilitation thereof, by an Affiliate or a New Customer.
Fraud Costs: Any costs, damages or loss arising as a direct or indirect result of Fraudulent Activity.
Gross Win (Sports & Casino): Total revenue generated by 88Cashbet as a result of all wagers placed by a referred New Customer, less pay-outs. For Sports, this is the total revenue from settled bets placed by referred New Customers, less pay-outs.
Inactive Affiliate: An Affiliate who has not logged into the 88Cashbet Affiliate Program Portal for twelve (12) months or more.
Incentivized Traffic: Traffic or New Customer activity generated as a by-product of promising some form of compensation or incentive for taking an action on, or in relation to, any 88Cashbet Site, including but not limited to registering a new account, depositing or wagering.
Intellectual Property: Trademarks, service marks, trade names, logos, designations, copyrights, trade secrets, patents and any other proprietary rights owned by or licensed to 88Cashbet.
Marketing Material: Banners, URLs, text, graphics and/or other promotional materials made available for marketing purposes through the Program Portal.
Match Betting/Arbitrage Betting: Any method of betting or wagering which is intended to give players a guaranteed win with no risk, including but not limited to the use of free bets.
Net Revenue: Gross Win, less Progressive Contributions (progressive games only), less bonuses awarded, less Non-Cash items, less Fraudulent Activity, less Deductible Costs and Applicable Taxes.
New Customer: A natural person who is at least 18 years old that the Affiliate directs to a 88Cashbet Site who:
Program Portal: The website used by 88Cashbet to manage the Program, currently located at https://affiliates.88cashbet.com/affiliates/Account/Login#
Progressive Contributions: The percentage of revenue generated on any progressive game that is paid by 88Cashbet into a progressive pool.
Prohibited Site: Any website, forum, social media platform or other communications medium, regardless of type, upon which the advertisement of gambling-related activity is unlawful or otherwise prohibited.
Second-tier Affiliate: A natural or juristic person who is recruited by an Affiliate to serve as a sub-affiliate and who is linked to your Affiliate account. Spam: Unsolicited e-mail, SMS or other communication sent indiscriminately to one or more mailing lists, individuals, forum or newsgroups.
Unsuitable Site: Any website, forum, social media platform or other communications medium, regardless of type, which is: aimed at children; intended to appeal to minors; promotes or glorifies violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promotes illegal activity; violates or enables the violation of intellectual property rights; violates the rights of privacy of others; is obscene or contains explicit sexual content; contains or promotes any unlawful behaviour or content; contains or provides links to malicious or harmful software, keyloggers, trojans, viruses or malware; or which 88Cashbet believes, in its sole discretion, may bring 88Cashbet or its affiliated companies and brands into disrepute, or which may prejudice the interests of 88Cashbet or its affiliated companies and brands.
1.3. You undertake, that if there should, at any time during your participation in the Program, occur any event which may cause any of the above warranties to become false, or which may prevent you from wholly fulfilling your obligations in accordance with these Terms, you shall promptly notify your 88Cashbet affiliate account representative, and 88Cashbet shall be entitled to terminate your participation in the Program immediately, without the requirement to make any further payments to you.
2.2. All Marketing Materials shall be made available to you through the 88Cashbet Affiliate Program Portal and may be updated by us from time to time. You undertake and agree that you shall only use the current versions of the Marketing Material and shall promptly discontinue the use of any Marketing Material which is out of date or no longer available on the Program Portal. It is your responsibility to check the Program Portal for updated Marketing Material on a regular basis.
2.3. You undertake and agree that you will not modify any of the Marketing Material which is made available to you and that you will not, without our specific written approval, market or promote 88Cashbet using any promotional materials not provided or approved in writing by 88Cashbet.
2.4. In the event 88Cashbet designates any Marketing Materials as subject to particular restrictions (for example, campaign start/end dates, demographic limitations, etc.), you undertake and agree that you shall only use the Marketing Materials in accordance with such designated restrictions.
2.5. Your marketing activities shall strictly comply with the 88cashbet affiliate rules, which set out additional standards, restrictions and guidelines applicable to marketing activities in connection with the Program and form an integral part of these Affiliate Terms (the “88Cashbet Affiliate Marketing Rules”). 88Cashbet operates a “1 strike policy” and any breach of the 88Cashbet Affiliate Marketing Rules shall result in your immediate termination from the Program (without derogating from any other remedy available to 88Cashbet pursuant to these Affiliate Terms or the applicable law).
3.2. We shall track all New Customer activity relevant to the calculation of your Affiliate Commissions. You agree that our statistics and calculations in relation to the tracking of New Customer activity and the calculation of your Affiliate Commission shall be final.
3.3. We will provide you with online access to reports of New Customer Activity through the Program Portal. The form, content and frequency of our reporting may vary from time to time, at our sole discretion. Generally, “impressions” and “clicks” are updated every few minutes, while “daily registrations”, “deposits” and all other New Customer KPIs are updated once a day at 00:00 GMT.
4.2. As a condition of your participation in the Affiliate Program, you further undertake, warrant and agree that you shall not conduct any activities in connection with any Unsuitable Site or any Prohibited Site.
4.3. You agree to use your best efforts to market and promote the 88Cashbet Sites in a manner consistent with good business ethics and in good faith towards 88Cashbet.
4.4. You acknowledge that your promotion of the 88Cashbet Sites has the potential to inflict substantial damage to 88Cashbet, the 88Cashbet Sites and 88Cashbet's reputation and goodwill, and that you shall at all times act in a manner that will not harm the reputation and goodwill of 88Cashbet.
4.5. You shall not: (a) undertake any action which may have a detrimental impact on the ability of 88Cashbet to be qualified for or to hold or maintain any license, permit or approval granted, or to be granted, by any competent authority, or (b) undertake any action which could reasonably be construed as bringing 88Cashbet into Material Disrepute, where “Material Disrepute” means any condition which could reasonably and objectively be seen to create a material negative perception of the integrity of 88Cashbet, the 88Cashbet Sites or the Program.
4.6. We prohibit any Affiliate activity in connection with any content or material which contains: (a) the intellectual property of others for which the Affiliate is not properly licensed to use; (b) information that is unlawful, harmful, threatening, obscene, discriminatory, scandalous, fraudulent or offensive; (c) any information that may subject 88Cashbet to any cause of action, in law, equity or otherwise; or (d) any information which 88Cashbet, in its sole discretion, determines to be objectionable, harmful, in bad taste, or potentially damaging to the interests and goodwill of 88Cashbet or the Program.
4.7. Your activities must not involve any marketing or promotional activity which may have the potential to deceive, confuse or mislead users, or which may infringe on any third party rights, including the rights of privacy, publicity, or Intellectual Property rights. You shall ensure that the Marketing Materials are displayed only in connection with web sites and materials which are lawful, proper, professional and tasteful.
4.8. Your Affiliate Site(s) must not copy the look and feel of the 88Cashbet Sites or have the potential to cause the impression that any sites or landing pages used by you are owned, operated or affiliated with 88Cashbet or any of its associated brands. You are not entitled to present any 88Cashbet Marks, logos, graphics or other 88Cashbet materials on your Affiliate Site or marketing materials other than the Marketing Materials provided to you by 88Cashbet through the Program.
4.9 88Cashbet reserves the right to demand the immediate takedown or modification of any materials that you distribute, or to demand the cessation of any or all marketing activity in connection with the Program or 88Cashbet, at any time and in 88Cashbet's sole discretion. You agree that we are entitled to review your affiliate marketing activities from time to time and that we may approve/reject marketing methods and Affiliate Sites used by you in our sole discretion. You undertake and agree to provide prompt assistance and full cooperation in connection with any requests made by 88Cashbet in this regard.
4.10 If requested by 88Cashbet, you undertake and agree to provide 88Cashbet with all such information and documentation as we may reasonably require to verify your compliance with these Affiliate Terms, or which we may require for our regulatory or legal purposes.
4.11 You agree that you shall neither offer nor provide incentives (financial or otherwise) to any potential New Customer without the prior written approval of 88Cashbet, excluding the standard promotional programs which 88Cashbet may make available to you from time to time through the Program.
4.12 You will not knowingly benefit from known or suspected activity not performed in good faith (or alternatively, performed in bad faith), whether or not such activity actually causes damage to 88Cashbet.
4.13 You may not be a party (whether directly or indirectly) to any illegal activity or Fraudulent Activity in connection with your participation in the Program.
4.14 You undertake and agree to maintain complete records, during and for a period of two years after the termination or expiration of your participation in the Program, regarding your activity in the Program and any marketing or promotional activity undertaken in furtherance thereof.
4.15 You acknowledge and agree that in performing your obligations under these Affiliate Terms, you are strictly prohibited from marketing and promoting the 88Cashbet Sites to residents of the Prohibited Territories and you shall exercise all possible technical and operational measures to prevent marketing to residents of the Prohibited Territories.
4.16 You acknowledge and agree that it is your responsibility to keep your Affiliate details (including all Commission payment details), as registered in the 88Cashbet Affiliate Program Portal, correct and up to date.
4.17 You acknowledge and agree that any breach of the aforementioned obligations shall be deemed a material breach of these Terms resulting in your immediate termination from the Program.
5.2 If an authorization in accordance to section 5.1 was received from 88Cashbet, you further warrant and represent that you will not send any marketing SMS, email or other communications relating to 88Cashbet, the 88Cashbet Sites or the Program to any person known to you as having entered into a self-exclusion agreement with any remote gambling operator.
5.3 You will at all times comply with the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Data Protection Act 2018 (UK), Regulation (EU) 2016/679 (General Data Protection Regulation) (“GDPR”), EU ePrivacy Directive 2009/136/EC or any implementing or related legislation of any member state in the European Economic Area, and/or any other related or similar applicable legislation or regulation (“Data Protection Regulation”). 88Cashbet reserves the right to terminate this Affiliate Agreement immediately without recourse for you, if you are in breach of this section.
5.4 Without derogating from the generality of section 5.3, you shall ensure that any direct marketing communications (if such were approved pursuant to section 5.1 above) are sent only to such persons who have explicitly given their consent to receive such communications.
5.5 If we incur any cost in connection with Spam sent by you or anyone on your behalf, these costs will be deducted from any Commissions due to you under these Affiliate Terms. Should our costs not be covered by the funds in your account we have the right to offset future Commission payments or pursue other alternative means for obtaining payment from you. Should your Affiliate account not be active, or otherwise not generating Commission payments, then we shall have the right to demand payment directly from you.
5.6 Should you require more information regarding our Spam policy, or should you wish to report any incidences of Spam please contact us at affiliates@88Cashbet.com
Any marketing activities undertaken by you, must also strictly comply with the . 88Cashbet Affiliate Marketing Rules operates a “1 strike policy” and any breach of these rules and guidelines shall result in your immediate termination from the Program.
Further, 88Cashbet's total liability arising from this Agreement and the Affiliate Program will not exceed the total Affiliate commissions paid or payable to the Affiliate under this Agreement.
Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.
6.2. Without reservation, you agree that all activities undertaken by you in connection with the Program will uphold the highest ethical standards including but not limited to the licensing objectives established by the UK Gambling Act 2005:
6.3. It is your obligation to familiarize yourself with the laws, regulations and codes of practice applicable to the activities you conduct in relation to your participation in the Program. You are required to abide by any applicable laws, regulations and codes of practice applicable to those jurisdictions that you target, provided that in any event you shall also comply with 88Cashbet Affiliate marketing rules.
7.2. You acknowledge and agree that 88Cashbet's Intellectual Property will at all times remain the property of 88Cashbet and its licensors. You further acknowledge that you have no claim or right of whatever nature in and to the aforesaid Intellectual Property, other than the limited rights conveyed herein.
7.3. You undertake and agree that you shall not assert the invalidity, unenforceability or contest the ownership of any of the Intellectual Property rights of 88Cashbet or its licensors in any action or proceeding whatsoever and shall not take any action that may prejudice 88Cashbet's or its licensors' rights in such Intellectual Property.
7.4. You undertake and agree that you will not register any domain name that includes, incorporates or consists of any 88Cashbet Mark or any domain name that is confusingly similar to the 88Cashbet Marks. You undertake and agree that you shall, upon request by 88Cashbet, promptly transfer ownership of any domain names registered in violation of this Agreement to 88Cashbet or any third party designated by 88Cashbet. This obligation shall survive the termination of these Affiliate Terms.
7.5 You undertake and agree that you shall not make any bid on any internet search engine using keywords including the 88Cashbet Marks or words that are confusingly similar to the 88Cashbet Marks.
9.2 You understand and agree that you are not entitled to any Commissions or fees applicable to any activity related to the Prohibited Territories. You further agree that the list of Prohibited Territories may be updated from time to time, and in the event a territory is added to the list of Prohibited Territories, we shall be entitled to cease paying you any Commissions or fees applicable to New Customers from such territories.
10.2 You are only eligible to receive ongoing Commission payments during your participation in the Program, and only during the time you continue to refer New Customers in accordance with these Terms. You will no longer receive Commission payments in the event your participation in the Program is terminated for any reason.
10.3 You shall receive Commissions based on the Net Revenue generated by the New Customers referred by you during the calendar month across all products as follows, staggered incrementally:
|€0 - €10,000||25%|
|€10,001 - €20,000||30%|
|€20,001 - €30,000||35%|
|€30,001 - €50,000||40%|
|€0 - €10,000||20%|
|€10,001 - €20,000||25%|
|€20,001 - €30,000||30%|
|€30,001 - €50,000||35%|
12.2 Where a Chargeback is received against a New Customer, or issuance of a credit to a New Customer occurs, the Affiliate shall not be eligible for a CPA Payment in respect of that New Customer, and any CPA Payment previously made to you in respect of such New Customer will be deducted from future payments due to you.
13.2 All payments due to you are based on our own statistics, records and calculations. All decisions made by us regarding the tracking, calculation or payment of your Commissions or other payments shall be made by us in our sole discretion.
13.3 We reserve the right to review all activity in connection with your participation in the Program for possible Fraudulent Activity or activity which we believe in our sole discretion to be in bad faith or violation of these Terms.
13.4 We do not pay for customers who have already registered an account at one of the 88Cashbet Sites. If the customer already exists in our system, or the system of any 88Cashbet Site, you are not eligible to receive any payments in respect of the customer.
13.5 We do not pay fees or commissions in connection with Match Betting, Arbitrage Betting, artificially generated traffic (including Bots) or any roulette playing schemes or casino systems where players are advised on how to play to beat the casino.
13.6 Unless you have entered into a separate written agreement with us permitting such payments, we do not pay for incentivized traffic in any form.
13.7 You will not be entitled to any payment related to any customer activity and/or traffic that we deem, in our sole discretion, to be unlawful, abusive, not generated in good faith, or based on Fraudulent Activity.
13.8 We do not pay for any customer activity related to brand bidding or any activity which we consider to be a breach of our intellectual property rights.
13.9 We reserve the right to pass on any Fraud Costs to your account. These Fraud Costs shall be deducted from any payment owed to you. In the event that the Fraud Costs exceed the amount of payments owed to you, we reserve the right to collect such sums from you directly.
13.10 We reserve the right to refuse any potential New Customer, to close a customer's account, or to take other action which we may deem necessary in order to preserve the integrity or safety of the 88Cashbet Sites. In the event that we refuse, suspend or close any customer's account for any reason, you will not be entitled to earn Commissions in respect of those customer accounts.
14.2 You will only be paid an affiliate Commissions payment once you have a balance of at least €100 owing to you.
14.3 If you have selected wire transfer as your method of payment, you will only be paid by bank wire if the total amount owed is €500 or more (or the local currency equivalent). If the total amount owed is less than €500 (or the local currency equivalent), you can receive payment by Moneybookers or Neteller.
14.4 If you are eligible for an Affiliate Commissions payment, we shall process the fees earned by you in the previous calendar month by the fifteenth working day of the following month.
14.5 Inactive Affiliates must actively request payment of their Commissions.
14.6 We shall not be liable to you in any amount whatsoever for late payments due to technical, third party or any other unforeseen events.
14.7 Payment shall by default be made to you in Euros , however, payments may upon request also be processed in US dollars and GB pounds at the market exchange rate (the xe.com mid-market rate) on the date that the payment report is compiled by 88Cashbet (between 2 nd and 5 th day of the following month).
14.8 You shall not change your payment details after the end of the calendar month in respect of which payment is being made.
14.9 You are responsible for the reporting and payment of any taxes, tariffs or other governmental fees, charges or levies applicable to any Commission payable to you in connection with your participation in the Program. All amounts payable to you are exclusive of all sales, use, value-added, withholding, and other taxes and duties. You undertake and agree to promptly reimburse 88Cashbet for any and all taxes or duties that 88Cashbet may be required to pay in connection with your participation in the Program, except for taxes payable on 88Cashbet's net income.
14.10 We reserve the right to change the fee payment schedules and methods of calculation at any time, in our sole discretion.
15.2 Big Winner Policy The Big Winner Policy will come into effect when:
15.3 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 (or High Roller).
15.4 The aggregate negative Net Revenue for the Affiliate is a greater than €10.000 at the end of an open period.
15.5 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 called “Big Winner Policy”, further official notification will be not sent automatically, but Affiliates can request such notifications from their account managers on a monthly basis.
15.6 Progressive Jackpot Big Winners, for whom jackpot winnings are paid to the customers by third parties are excluded from the Big Winner Policy.
15.7 In the open period when a Big Winner customer surpasses his negative net revenue, the Affiliate will begin earning commission for that customer again automatically.
17.2 You acknowledge and agree that any data we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers.
18.2 You are responsible for ensuring that all activity of any Sub-Affiliates is in full compliance with these Affiliate Terms, and any duties and obligations applicable to you hereunder shall equally apply to the Sub-Affiliates. Between you and 88Cashbet, you shall be solely responsible for ensuring the full compliance with these Affiliate Terms by Sub-Affiliates, and you shall remain solely responsible for any acts or omissions of your Sub-Affiliates in violation of these Affiliate Terms.
18.3 The commission due to you in respect of the activity of any approved Sub-Affiliate shall be agreed expressly in writing by 88Cashbet. Interested Affiliates may contact their dedicated account manager or the 88Cashbet support team at firstname.lastname@example.org You shall not receive any other payment or compensation from such Sub-Affiliates under these Terms, and you are not entitled to receive any payment from any second tier Sub-Affiliates or any other tier of affiliates other than a single tier of Sub-Affiliates.
20.2 We may require you from time to time to positively verify your account details in order to receive continuing Commissions or to prevent Fraudulent Activity in connection with your account. This is to protect both you and us from potential illegal or Fraudulent Activity. This verification process may require the submission of additional personal documentation proving identity, payment and physical address details.
21.2 You undertake and agree to take all reasonable measures to maintain the confidentiality of our Confidential Information, which will in no event be less than reasonable care.
22.2 You understand and agree that some jurisdictions in which we operate have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect, that any transactions in which you are directly, or indirectly, involved, involve funds, derived from illegal activities, or are intended to conceal funds derived from illegal activities or involve the use of the Program to facilitate criminal activity.
22.3 You understand and agree that, if we have any knowledge, belief or suspicion that any money laundering or illegal activity may have occurred, we may at our absolute discretion: (a) immediately suspend, deregister or terminate your membership of the Program; (b) decline to pay you any further Commission and/or (c) report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.
22.4 88Cashbet is committed, in accordance with its zero-tolerance policy for bribery and corruption (the “Anti Bribery and Corruption Policy”), to ensure that all of its activities and the activities of all of its Affiliates and business partners comply with all applicable laws and regulations and accord to the highest principles of corporate ethics. Accordingly, in performing your activities under these terms, you undertake to comply with all applicable laws related to the fight against bribery and corruption and shall not offer, promise, give, authorize, solicit or accept any undue pecuniary or other advantage related to any prospective New Customer “impressions”, “clicks”, “acquisitions”, “installations”, “views”, “leads”, “registrations” payments made under this Agreement or otherwise. 88Cashbet shall immediately terminate this Agreement if it determines, in its sole discretion, that any of your activities do not fully comply with this Anti Bribery and Corruption Policy.
23.2 In the event we are subject to any third party claim or investigation as a result of the activities of you or any Sub-Affiliate in connection with these Terms, we reserve the right to withhold any Commission, fee or other amount due, as an offset against any cost or liability which may attach as a result of such claim or investigation, in addition to any other remedy available to us.
26.2 Either party may terminate this Agreement for convenience at any time, effective upon written notice to the other.
26.3 Any notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Affiliate Terms shall accordingly terminate with immediate effect.
26.4 In the event of termination of these Terms for any reason:
26.5 Upon termination for any reason, you shall cease to be entitled to receive any further Commissions.
26.6 In the event we terminate your participation in the Program as a result of a breach of these terms by you, you shall not be entitled to receive any additional Commissions effective the date of termination. In the event we terminate your participation in the Program as a result of Fraudulent Activity or activities which we believe to be unlawful or in bad faith, we reserve the right to recover any payments previously made to you and seek the recovery of all costs incurred in the investigation of such activities and the closure of your account, in addition to any other rights and remedies available at law.
The designated e-mail address for 88Cashbet Affiliates is: email@example.com Your designated e-mail address is the e-mail address provided by you at the time of registration or as updated thereafter with the Program.
28.2 You agree that we shall have sole discretion to approve or reject any proposed assignment, novation or transfer of your rights under these Terms to any prospective purchaser or third party.
28.3 Any approval of your request to novate or transfer your rights to any third party will terminate your enrolment in the Program on the date of transfer.
28.4 If we reject the intended purchaser as an Affiliate of the Program and you nevertheless decide to proceed with the sale/change of control or transaction contemplated above, then we reserve the right to terminate your enrolment in the Program immediately.
29.2 You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations, unless we agree in writing to be so bound.
29.3 You agree that you are not, and shall not be treated as, an employee with respect to, as applicable, any Internal Revenue Code, Social Security Act, Federal Unemployment Acts, or other federal, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned codes and acts.
30.2 You agree that in the event of a breach of this non-solicitation clause, 88Cashbet shall suffer substantial and irreparable harm which may not be adequately compensated for by the payment of damages. As a result, 88Cashbet shall be entitled to seek injunctive relief in any court of competent jurisdiction to enjoin or prevent such solicitation, and that this will not limit any other causes of action or legal redress that may be available to 88Cashbet.
31.2 You hereby warrant and represent that you will at all times comply with the GDPR and any other applicable Data Protection Regulation, including ensuring that personal data of any person which you refer to 88Cashbet: (i) is collected fairly, lawfully and transparently; (ii) is processed in accordance to a lawful condition as set out in the GDPR; and (iii) is protected from loss, theft, accidental destruction or unauthorized access by implementing appropriate technical and organizational measures.
31.3 Without derogating from the generality of section 23 of these Affiliate Terms, you shall defend, indemnify, and hold us and our directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with your breach of any Data Protection Regulation.
32.2 Nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Contract and the application of the Contracts (Right of Third Parties) Act 1999 is hereby excluded.
32.3 Except as provided in clauses 19.1 (“Authorization of Sub-Affiliates”) and 29 (“Sale of Business”), you may not assign or delegate any right, duty or obligation under these Affiliate Terms, by operation of law or otherwise, without our prior written consent. Any attempted assign, transfer or novation by you in violation of these Affiliate Terms is void and shall have no effect. Subject to that restriction, these Affiliate Terms will be binding on, ensure to the benefit of, and enforceable against you and us and your and our respective successors and assigns.
32.4 Our failure to enforce your strict performance of any provision of these Affiliate Terms will not constitute nor be construed as a waiver of our right to subsequently enforce such provision or any other provision of these Affiliate Terms. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
32.5 Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
32.6 The exercise of one or more of the provisions of these Affiliate Terms shall not preclude the exercise of any other provision.
32.7 You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of these Affiliate Terms and, in the event of a breach or threatened breach of any provision of these Affiliate Terms, the respective rights and obligations of the parties shall be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in these Affiliate Terms shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of these Affiliate Terms.
32.8 Whenever possible, each provision of these Affiliate Terms shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these Terms 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 these Terms or any provision hereof.
32.9 Any headings in these Affiliate Terms are inserted for convenience only and shall not affect its construction.
32.10 These Affiliate Terms constitute the entire agreement between the parties with respect to the subject matter hereof and nullifies all previous understandings, both oral and written, between the parties in respect of the subject matter hereof and shall supersede all previous agreements between the parties, whether made orally or in writing.
Any failure to comply with the Rules may result in termination of your participation in the 88Cashbet Affiliate Program, further, and shall be liable for all claims, damages, expenses, costs, and/or fines incurred or suffered by 88Cashbet in accordance with the Affiliate Terms.
1.2 Affiliates shall only use the current versions of the Marketing Materials and shall promptly discontinue the use of any Marketing Material which is out of date or no longer available on the Program Portal. It is your responsibility to check the Program Portal for updated Marketing Materials on regular basis.
1.3 In the event that an Affiliate wishes to market a promotion other than by use of the Marketing Materials from the Program Portal, (ie. as a text), the Affiliates shall always ensure that the Significant Terms and Conditions corresponding to the promotion are displayed near to the mention of 88Cashbet’s promotional offer (including hyperlinks).
The current promotions which may be displayed as text by Affiliates, and the corresponding Significant Terms and Conditions which must be included next to them are detailed in Schedule A to these Rules (“Significant T&C Table”).
1.4 In the event that 88Cashbet has given you an approval to advertise a promotional offer which is not listed in the Significant T&Cs Table, the Affiliate must ensure that the Significant Terms and Conditions, as communicated to the Affiliate by 88Cashbet through E-Mail, are displayed near the mention of such promotional offer (including hyperlinks).
2.2 88Cashbet Creative must not be placed on any web pages or any media: (i) providing advice or information on responsible gambling; (ii) which includes sexually explicit, libelous, obscene, violent or otherwise illegal content; or (iii) which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3.2 Affiliate shall ensure that 88Cashbet Creative is not placed in any media where Children constitute more than 25% of the audience.
3.3 If Affiliates conduct advertising on media which allows them to use data pertaining to age, interests or other criteria to select recipients of a communication as a means of excluding Children, the Affiliates must take all reasonable steps to reduce the likelihood of Children being exposed to 88Cashbet Creative. Furthermore, in such case Affiliates shall keep evidence of the measures taken and provide it to 88Cashbet upon request.
3.4 Affiliates shall ensure that the media on which they promote 88Cashbet would not likely to be of a particular appeal to children, especially by reflecting or being associated with youth culture. Furthermore, Affiliates shall familiarize themselves with the CAP Advice ‘Betting and gaming: Appeal to Children’ (www.asa.org.uk/advice-online/betting-and-gaming-appeal-to-children.html).
4.2 Advertising communications must not be misleading, whether by action or omission. Accordingly, all significant conditions of a promotion, such as eligibly restrictions, deposit requirements, wagering requirements, restricted odds/games and withdrawal limits shall be included in the communication.
5.2 Where a prior written approval pursuant to Section 5.1 above was granted to the Affiliate, the Affiliate hereby undertakes to follow 88Cashbet’s instructions relating to removal of self-excluded customers from the Recipient List.
5.3 Affiliates shall ensure that any direct marketing communications (if such were approved pursuant to section 5.1 above) are sent only to such persons who have explicitly given their consent to receive such communications and that the Affiliate complies with all applicable data protection, privacy and anti-spam legislation and regulation.
6.2 The commercial intent of any marketing communication sent by Affiliates must be clear, whether explicitly or from its context, and the communication must not falsely claim or imply that it is from a customer or someone outside its trade or business.
6.3 Special care shall be given to any marketing communication conducted via social media. In such circumstances, Affiliates must incorporate an identifier, such as “Ad” in the title of the post, or, if only an image is visible at first, the image itself.
7.2. Affiliate’s marketing communications must not: (i) suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression; (ii) suggest that gambling can be a solution to financial concerns, an alternative to employment or a way to achieve financial security (any references to salary or debts in ads is completely prohibited); (iii) portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments; (iv) condone or feature gambling in a working environment.
8.2. Affiliate marketing communications must not create confusion between 88Cashbet and its competitors or between 88Cashbet's product, trademark, trade name or other distinguishing mark and that of a competitor.
8.3. Affiliate marketing communications that include a comparison with an unidentifiable competitor must not mislead, or be likely to mislead, the audience. The elements of the comparison must not be selected to give the marketer an unrepresentative advantage.
8.4. Affiliate marketing communications must not feature a testimonial without permission; exceptions are normally made for accurate statements taken from a published source, quotations from a publication or references to a test, trial, professional endorsement, research facility or professional journal, which may be acceptable without express permission.
8.5. Affiliate marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorization. Such communications must not claim that 88Cashbet, the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body. An exception is made if 88Cashbet, the message or the product complies with the terms of the approval, endorsement or authorization.
8.6. Affiliate marketing communications must not falsely claim that 88Cashbet is a signatory to a code of conduct. They must not falsely claim that a code of conduct has an endorsement from a public or other body.