Betsson Group Affiliates – Terms and Conditions Program

10th September 2024 | Version 29

The below is an agreement between the relevant Betsson Group entity (as specified below) (“us” or “we” or “our”) and you (“you” or the “Affiliate”) which regulates the relationship between you and us (the “Affiliate Agreement”). Please read the Affiliate Agreement carefully to ensure you understand your rights and obligations and the repercussions for you should you breach the Affiliate Agreement.

The relevant Betsson Group entity entering into this Affiliate Agreement shall be as follows:

1. In respect of Affiliates based anywhere within Argentina promoting https://pba.betsson.bet.ar/ in Argentina – Buenos Aires Province: jointly (a) Betsson Malta Holding Limited Sucursal Argentina with address Moreno 850, Piso 10, Departamento C Ciudad Autonoma de Buenos Aires, B1742IAB Argentina, and (b) Casino de Victoria SA with address Colón 286, Paraná, Provincia de Entre Ríos, República Argentina. Invoices in this regard should be addressed to Casino de Victoria SA – Betsson Malta Holding Limited Union Transitoria, CUIT 33-71726663-9;
2. In respect of Affiliates based anywhere within Argentina promoting https://caba.betsson.bet.ar/ in Argentina – Buenos Aires City: jointly (a) Betsson Malta Holding Limited Sucursal Argentina with address Moreno 850, Piso 10, Departamento C Ciudad Autonoma de Buenos Aires, B1742IAB Argentina, and (b) Casino de Victoria SA with address Colón 286, Paraná, Provincia de Entre Ríos, República Argentina. Invoices in this regard should be addressed to Betsson Malta Holding Limited – Casino de Victoria S.A. Union Transitoria, CUIT 30-71727906-5;
3. In respect of Affiliates based anywhere within Argentina promoting cba.betsson.bet.ar in Argentina – Cordoba: jointly (a) Betsson Malta Holding Limited Sucursal Argentina with address Moreno 850, Piso 10, Departamento C Ciudad Autonoma de Buenos Aires, B1742IAB Argentina, and (b) Casino de Victoria S.A.with address Colón 286, Paraná, Provincia de Entre Ríos, República Argentina. Invoices in this regard should be addressed to Online Cordoba Betsson Malta Holding Limited – Casino de Victoria S.A. Union Transitoria, CUIT 30-71772488-3;
4. In respect of Affiliates based outside Argentina promoting https://caba.betsson.bet.ar/, https://pba.betsson.bet.ar/ and/or https://cba.betsson.bet.ar in Argentina – Buenos Aires City, Argentina – Buenos Aires Province and/or Argentina – Cordoba: Betsson Services Limited, a company incorporated in Malta, with registration number C 44114 with its registered address at Betsson Experience Centre, Ta’ Xbiex Seafront, Ta’ Xbiex, Malta, XBX 1027;
5. In respect of Affiliates based anywhere within Peru promoting www.inkabet.pe in Peru: Lucky Torito S.A.C, a company established in accordance with the laws of the Republic of Peru registered in electronic entry no. 15528614 located at Av. Circunvalancion Club Golf Los Incas Avenue No. 208, Office 703-B Tower III, Surco, Lima Peru;
6. In respect of Affiliates based outside Peru promoting www.inkabet.pe in Peru: Betsson Services Limited, a company incorporated in Malta, with registration number C 44114 with its registered address at Betsson Experience Centre, Ta’ Xbiex Seafront, Ta’ Xbiex, Malta, XBX 1027;
7. In respect of all other Affiliates promoting any other Betsson Group Website not provided for above: Betsson Services Limited, a company incorporated in Malta, with registration number C 44114 with its registered address at Betsson Experience Centre, Ta’ Xbiex Seafront, Ta’ Xbiex, Malta, XBX 1027.

By registering for the Affiliate Program, and / or by accessing and utilising any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement.

The terms and conditions have been amended as of 29th July 2024 and will apply to any unbilled amounts, for the avoidance of doubt, these amended terms and conditions will take effect from the first day of any unbilled calendar month (“Effective Date“) and by continuing with the Affiliate Program past this date you agree to be bound by this Affiliate Agreement as from the Effective Date, IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN IT IS YOUR RESPONSIBILITY TO TERMINATE IN ACCORDANCE WITH CLAUSE 8 BELOW. IF YOU DO NOT TERMINATE YOUR AFFILIATE AGREEMENT THEN THESE TERMS AND CONDITIONS WILL BE BINDING ON YOU.

1. Definitions and Interpretation:

1.1 “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.

1.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by us.

1.3 “Affiliate Agreement” means (i) all the terms and conditions set out in this document including all schedules attached hereto, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, (iii) the Privacy Policy, and (iv) any other rules and/or guidelines of Betsson Group and/or Websites made known to the Affiliate from time to time.

1.4 “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Program.

1.5 “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other any third-party website to Betsson Group Websites.

1.6 “Affiliate Program” means the collaboration between us and the Affiliate whereby the Affiliate will promote Betsson Group’s websites and create the Affiliate Links from the Affiliate Website(s) to Betsson Group’s websites and thereby be paid a commission as defined under the Affiliate Agreement depending on the traffic generated to the websites subject to the terms and conditions of the Affiliate Agreement and to the applicable product-specific Commission Structure.

1.7 “Affiliate Wallet” means an online wallet in the name of the Affiliate into which Betsson Group pays the commission and any other payments due to the Affiliate, which the Affiliate can withdraw in accordance with the Affiliate Agreement.

1.8 “Affiliate Website(s)” means any website on the world wide web which is maintained, operated or otherwise controlled by the Affiliate.

1.9 “Applicable data privacy laws” means all applicable data protection and privacy legislation as may be amended, extended or re-enacted from time to time, including without limitation, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”); the e-Privacy Directive (Directive 2002/58/EC) (“ePD”) as amended and as transposed into EU member state law or any legislation replacing the ePD;  applicable data breach, privacy, or protection statutes in any state within the United States of America; guidance and codes of practice issued by the relevant data protection authorities, and all other legislation and regulatory requirements in force from time to time  which are legally binding on either Party in relation to the processing of personal data under this Affiliate Agreement.

1.10 “Betsson Group” means collectively (i) Betsson AB, a NASDAQ listed entity incorporated in Sweden, (ii) any entity being from time to time a direct or indirect subsidiary of Betsson AB (it being understood that any entity is a subsidiary of another company when the latter entity (1) holds the majority of the voting rights in the former entity, or (2) has the right to appoint or remove a majority of its management board, or (3) is otherwise able to control the management of the company, even though it may own less than 50% of the capital of the company and is prevented by law from owning a greater shareholding), (iii) any entity otherwise notified by us to the Affiliate or (iv) any entity that has a joint venture with any company defined in the abovementioned paragraphs (i), (ii), (iii) or (iv) of this definition.

1.11 “Betsson Group Websites” means the websites with domain names and/or device applications; www.betsafe.com, www.betsafe.ee, www.betsafe.lv, www.betsafe.lt, www.betsafe.pe,  www.betsson.com, www.betsson.gr, www.betsson.es,  www.betsson.bet.ar, www.betsson.com.ar, www.betsson.co, www.betsson.mx, www.casinoeuro.com,
www.betsson.dk, www.inkabet.pe,   www.jackpot247.com, www.jallacasino.se, www.jallacasino.ee, www.liveroulette.com, www.nordicbet.com, www.nordicbet.dk, www.nordicautomaten.com, https://ot.betsafe.com/, www.racebets.com, www.racebets.de, www.supercasino.com, https://rizk.com/en, https://rizk.hr/hr, https://www.guts.com/en, https://www.thrills.com, https://www.kaboo.com/en, https://www.gutsxpress.com/en, www.inkabet.pe or other such websites and/or device applications as may be added to the Affiliate Program by us or otherwise notified by us to you from time to time.

1.12 “Commission” means a percentage of the Net Revenue as set out in the Commission Structures for each particular product or any other form of reward offered by us.

1.13 “Commission Structures” means any of the commission structures specified by us and determined at our sole discretion, or any specific commission structure expressly agreed between us and the Affiliate.

1.14 “Confidential Information” means any information of commercial or essential value relating to Betsson Group such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of Betsson Group Websites, technology, marketing plans and manners of operation.

1.15 “Intellectual Property Rights” means any copyrights, trademarks, service marks, domain names, brands, business names, utility brands, and registrations of the aforesaid and/or any other similar rights of this nature.

1.16 “Net Revenue” means:

(I) in relation to the Betsson Group Websites excluding the Zecure Websites:

(a) in relation to sportsbook, casino, bingo and scratch: all monies received by Betsson Group from New Customers in relation to placed bets/casino activities and Tote Revenue less (a) monies paid out to New Customers as winnings, (b) bonus (c) administration fees (including but not limited to applicable gambling taxes and VAT), (d) fraud costs, (e) charge-backs, (f) returned stakes and (g) less/add jackpot changes; and

(b) in relation to poker: the profit generated by the player* less (a) bonuses, loyalty bonuses, promotional amounts and/or rake backs, (b) administration fees (including but not limited to applicable gambling taxes and VAT), (c) fraud costs and (d) charge backs.

(II) in relation to the Zecure Websites, all monies received from New Customers in relation to real money stakes less (a) real money wins, (b) administration fees and applicable gaming taxes and VAT, (c) paid bonuses, (d) transaction costs & chargebacks.

For the sake of clarity and the avoidance of doubt, all Net Revenue amounts referred to above in 1.16 (I) are only in relation to amounts generated from New Customers referred to Betsson Group Websites with the exclusion of the Zecure Websites by the Affiliate Website(s), whereas all Net Revenue amounts referred to above in 1.16 (II) are only in relation to amounts generated from New Customers referred to the Zecure Websites by the Affiliate Website(s).

1.17 “New Customer” means (i)a new first-time customer of Betsson Group having made a first deposit amounting to at least the applicable minimum deposit at Betsson Group Websites’ betting account in accordance with the applicable terms and conditions of Betsson Group Websites’, but excluding the Affiliate, its employees, relatives and/or friends; and, (ii) in respect of Commission Structures based on a Cost-Per-Acquisition (CPA) model and hybrid Commission Structures with a CPA component, a “New Customer” means: a new first-time customer of Betsson Group having made a first deposit amounting to at least the applicable minimum deposit at Betsson Group Websites’ betting account in accordance with the applicable terms and conditions of Betsson Group Websites’, within sixty (60) days of registering such account but excluding the Affiliate, its employees, relatives and/or friends.

1.18 “Parties” means us and the Affiliate (each a “Party”).

1.19 “Personal Data” means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Customers and/or Affiliates.

1.20 “Privacy Policy” means Betsson Group’s privacy policy as included in Clause 4.

1.21 “Sub-Affiliate” means an affiliate introduced to us by an Affiliate, having no previous history of affiliation with Betsson Group.

1.22 “Tote Operator” means a company or other entity, including its subsidiaries or lawful agents whether a club or otherwise, licensed to conduct a totalisator betting system.

1.23 “Tote Revenue” means nine point five percent (9.5%) of the amount of stakes commingled to any Tote Operator by Betsson Group less:

(i) returned stakes; and

(ii) stakes of bets whose winning odds are less than one point ten (1.10).

1.24 “Zecure Websites” means collectively https://rizk.com/en, https://rizk.hr/hr, https://www.guts.com/en, https://www.thrills.com, https://www.kaboo.com/en and https://www.gutsxpress.com/en.

References to this Affiliate Agreement or to any other agreement or document referred to in this Affiliate Agreement mean this Affiliate Agreement as amended, varied, supplemented, modified or novated from time to time and constitutes the entire agreement between the Parties in relation to the Affiliate Program , and supersedes and extinguishes any prior drafts, and all previous contracts, arrangements, representations, warranties of any nature, whether or not in writing, between the Parties relating to the same. If any of the terms and conditions in this document conflict with the provisions of a schedule, the provision(s) in the schedule shall prevail and govern with respect to their subject matter.

A reference to a clause or a schedule is a reference to a clause of, or schedule to, this Affiliate Agreement. A reference to a paragraph is, unless otherwise stated, a reference to a paragraph of the schedule in which the reference appears. Unless the context requires a contrary construction, the singular shall include the plural and the plural singular.

Clause and schedule headings do not affect the interpretation of this Affiliate Agreement.

Each of the Schedules shall have effect as if set out in this Affiliate Agreement.

In this Affiliate Agreement, any phrase introduced by the words “include”, “including”, “includes” and “such as” are to be construed as illustrative and shall not limit the sense of the words preceding those words.

Any words and expressions defined in the Affiliate Agreement and not otherwise defined within a schedule to this Affiliate Agreement shall have the meanings given to them in the Affiliate Agreement.

2. Your Obligations:

2.1 Registering as an Affiliate. It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Program is correct and that such information is kept up to date at all times. To become a member of our Affiliate Program you must accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting the Affiliate Application. The Affiliate Application will form an integral part of the Affiliate Agreement. We will, at our sole discretion determine whether or not to accept an Affiliate Application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your Affiliate Application has been successful. You will provide any documentation required by us to verify the Affiliate Application and / or to verify the Affiliate Account information provided to Betsson Group at any time during the term of the Affiliate Agreement. This documentation may include but is not limited to: bank statements, individual or corporate identity papers and proof of address.

2.1.1 Additional verification checks. Without prejudice to the validation process to be carried out in accordance with clause 2.1 above, we may, at our sole discretion, conduct further verification checks at any time during the term of the Affiliate Agreement and require additional documentation from the Affiliate. In particular, upon request, you will provide – within thirty (30) days of receipt of such request – a copy of a valid identity document together with a proof of address (e.g. utility bill or bank statement) or, in case of a legal entity, a copy of the act of incorporation together with the memorandum & articles of association as well as any other document that we may consider necessary at our sole discretion. In the event that the Affiliate fails to provide the requested information or documents, in addition to the remedies set forth in clause 5.1, we reserve the right to not consider, during the intervening time, the customers directed to Betsson Group Websites as valid New Customers under the Affiliate Agreement and to temporarily withhold them from the Affiliate Account. In such case the Affiliate shall not be entitled to claim any potential commission that might have otherwise accrued.

2.2 Affiliate log in details. It is your sole obligation and responsibility to ensure that (and to put in place all necessary measures to ensure that) your log in details for your Affiliate Account are kept confidential, safe and secure at all times. Any unauthorised use of your Affiliate Account resulting from your failure to adequately guard your log in information shall be your sole responsibility and you remain solely responsible and liable for all activity and conduct occurring under your Affiliate Account user ID and password whether such activity and / or conduct was undertaken by you or not. It is your obligation to inform us immediately if you suspect illegal or unauthorised use of your Affiliate Account. As your log in details are confidential, we do not have visibility of this information and cannot provide you with such information in case of loss.

2.3 Affiliate minimum efforts. By agreeing to participate in the Affiliate Program, you are agreeing to use your best efforts to actively and effectively advertise, market and promote the Betsson Group Websites in accordance with the provisions of the Affiliate Agreement and Betsson Group’s instructions from time to time. You will ensure that all activities taken by you under the Affiliate Agreement will be in Betsson Group’s best interest and will in no way harm Betsson Group’s reputation or goodwill. You may link to the Betsson Group Websites using the Affiliate Links or other such materials as we may from time to time approve. This is the only method by which you may advertise on our behalf.

2.3.1 We reserve the right to suspend any Affiliate Account that does not respond to correspondence sent by us to the relevant Affiliate’s registered account contact details within 3 months of the initial unresponsive correspondence, with the exception of matters related to due diligence and/or compliance.

2.4 Valid traffic and good faith. You will not generate traffic to the Betsson Group Websites by registering as a New Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behaviour shall be deemed as fraud. You will also not benefit or attempt to benefit from traffic not generated in good faith whether or not it actually causes us damage.  Where you have any reasonable suspicion that any New Customer and/or Sub-Affiliate referred by you under the Affiliate Agreement is in any way associated to bonus abuse, money laundering, fraud, or other abuse of remote gaming sites, you will immediately notify us of the same.  You hereby recognise that any New Customer and/or Sub-Affiliate found to be a bonus abuser, money launderer or fraudster or who assists in any form of affiliate fraud (whether notified by you or later discovered by us) shall does not constitute a valid New Customer and/or Sub-Affiliate under the Affiliate Agreement (and thereby no Commission shall be payable by us in relation to such New Customers and/or Sub-Affiliate). Accordingly, we retain the right to claim back from you and/or set-off from future Commissions payable to you, any amounts already received by you which can be shown to have been generated in breach of this Affiliate Agreement or applicable laws.

2.5 Affiliate Website. You will be solely responsible for the development, operation, and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. You shall at all times ensure that the Affiliate Website is compliant with all applicable laws and appears and functions as a professional website. Without limiting the foregoing, Affiliates:

• operating in Denmark shall comply with The Marketing Practices Act, specifically in regard to Article 6 “An advertisement shall be designed in such a way that it will be clearly understood to be an advertisement irrespective of its form and irrespective of the medium in which it is presented.” Kindly find the full version of the Act here;
• who promote Betsson Group or any Betsson Group Website to persons located in Great Britain shall comply with the relevant provisions of the Gambling Commission’s Licence Conditions and Codes of Practice (“LCCP“), the CAP/BCAP Codes of Advertising Practice and the Gambling Industry Code for Socially Responsible Advertising (“Industry Code“).

2.5.1 You will not present the Affiliate Website in such a way so that the Affiliate Website may cause confusion with the Betsson Group Websites and / or Betsson Group generally or so that it may give the impression that it is owned or operated by Betsson Group.  The Affiliate Website will not contain any defamatory, libellous, discriminatory, obscene, unlawful (including that which the Affiliate does not have permission from any third-party rights owner to use, for example illegal streaming) or otherwise unsuitable content (including, but not limited to: sexually explicit material which is not in line with legal or acceptable standards, violent, obscene, derogatory or pornographic materials or content which would be illegal in target country). An Affiliate must take all reasonable efforts to ensure that prohibited sports betting participants do not receive any marketing material from the Affiliate. This requirement is satisfied if the Affiliate removes the prohibited sports betting participant’s name and residence address from its marketing materials distribution list.

2.6 Affiliate Program. The Affiliate Program is intended for your direct participation and is intended for professional website publishers. You shall not open affiliate accounts on behalf of other participants. Opening an Affiliate Account for a third party, brokering an Affiliate Account or the transfer of an Affiliate Account is not accepted by us. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting us. Approval is solely at our discretion. You shall not open more than one Affiliate Account without our prior written consent.

2.7 Affiliate Links. The Affiliate Links shall be displayed at least as prominently as any other sales link on the Affiliate’s Website and if you display or make accessible to visitors to the Affiliate Websites descriptive information regarding any vendors whose banners are displayed on the Affiliates Website you shall, subject to our prior written approval of the content thereof, include similar descriptive information regarding the applicable Betsson Group Websites. You will only use Affiliate Links provided by Betsson Group within the scope of the Affiliate Program. Masking your Affiliate Links (for example hiding the source of the traffic sent to Betsson Group’s Websites) is also prohibited.

2.8 Unsuitable websites. You will not use any Affiliate Links or otherwise place any digital advertisements whatsoever featuring our Intellectual Property Rights (or in any other way link to or drive traffic to any Betsson Group Website via) on any unsuitable websites (whether owned by a third party or otherwise). Unsuitable websites include, but are not limited to, those that: are aimed at children, display illegal 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 in any way violate the intellectual property rights of any third party (including for the avoidance of doubt, any illegal streaming websites) or of Betsson Group or breach any relevant advertising regulations or codes of practice in any territory or any jurisdiction where such Affiliate Links or digital advertisements may be featured.

2.9 Direct Marketing. Affiliate is an independent data controller solely responsible for its own actions toward its customers. Therefore, Affiliate will have to comply to all applicable data privacy laws toward its customers. If sending any direct marketing communications to individuals (including but not limited to email, SMS, push notifications and/or targeted pop ads) or using pop ads which (i) include any of Betsson Group’s Intellectual Property Rights; or (ii) otherwise intend to promote Betsson Group Websites, you must first have prior written permission from Betsson Group to send such direct marketing communications and to make use of pop ads. If such permission is granted by us, you must then ensure you have, where applicable, obtained each and every recipient’s explicit consent to receive marketing communications and that such individuals have not opted out of receiving such communication. Marketing communications shall contain appropriate means for the recipient to unsubscribe from future marketing communications. You must also make it clear, so that no confusion is caused (in regard to the sender of such communication) to the recipient that all marketing communications are sent from you and are not from Betsson Group. For the avoidance of doubt, should you wish to engage any third parties in connection with the provision of such direct marketing communications and the use of pop ads, you shall be responsible for ensuring such third parties comply with the requirements of this clause 2.9.

2.10 Use of Betsson Group Intellectual Property Rights. Any use of Betsson Group’s Intellectual Property Rights must be in accordance with any brand guidelines issued to you from time to time and are always subject to the approval required in Clause 2.11 below. You will not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, app store, sponsored advertising service or other search or referral service and which are identical or similar to any of the Betsson Group trademarks or otherwise include the Betsson Group trademarks or variations thereof or include metatag keywords on the Affiliate Website which are identical or similar to any of the Betsson Group trademarks. You will not register (or apply to register) any trademark or domain name or any similar trademark or domain name which is similar to any trademark, domain name or brand used by or registered in the name of any member of Betsson Group, or any other name that could be understood to designate Betsson Group or any Betsson Group brand.

2.11 Approved creative. You will not use any advertising layout or creative (including banners, images, logos and / or any material containing) incorporating or in any way utilising our Intellectual Property Rights unless the advertising layout or creative has been provided to you by us or (where creative / advertising layouts are created by you) without the advanced written approval of us in relation to each and every advertising layout or creative. You will not alter the appearance of any advertising or creative which has been provided to you or for which such approval has been granted by us. It is your responsibility to seek approval from us in time for release or launch of any advertising campaign or creative and to ensure you have written approval from us in relation to each and every advertising layout or creative and to be able to evidence such approval upon request.

2.12 Loyalty Programs. You will not offer any rake-back / cash-back/ value-back or similar Programs, other than such Programs as are offered on the Betsson Group Websites.

2.13 Compliance with laws. You have the obligation to be compliant with all relevant laws during the full duration of our cooperation. This includes but is not limited to:

• Affiliates must ensure they are compliant with the relevant laws, regulations and codes of conduct relating to responsible gambling advertising which Betsson Group is bound to comply with in the respective jurisdictions, including the EGBA Code of Conduct on Responsible Advertising for Online Gambling^[1];
• Where applicable, Affiliate must obtain, maintain and comply with all licences that an Affiliate may require in order to fulfil their obligations depending on the local law and jurisdiction where such Affiliate operate;
• Affiliates will carry out their activities as if they were bound by the same licence conditions and/or subject to the same codes of practice as us including without limitation, for Affiliates who promote Betsson Group or any Betsson Group Website to persons located in Great Britain, the LCCP, the CAP/BCAP Codes of Advertising Practice (as applicable) and the Industry Code and, for Affiliates operating in Denmark, shall comply with The Marketing Practices Act, specifically in regard to Article 6 “An advertisement shall be designed in such a way that it will be clearly understood to be an advertisement irrespective of its form and irrespective of the medium in which it is presented.” Kindly find the full version of the Act here;
• Affiliates who promote Betsson Group or any Betsson Group Website to persons located in Great Britain shall comply with the relevant provisions of the Gambling Commission’s Licence Conditions and Codes of Practice (“LCCP“), the CAP/BCAP Codes of Advertising Practice and the Gambling Industry Code for Socially Responsible Advertising (“Industry Code“);

• Affiliates are aware of and shall comply with the relevant provisions, restrictions and/or prohibitions provided for in the Italian Decree Law no. 87/2018 (“Dignity Decree“) as amended, replaced or superseded from time to time, and any other laws and/or guidelines issued by the Italian Authority for Communication Guarantees (“AGCOM“);

• Affiliates promoting Betsson Group or any Betsson Group Website to persons located in Greece shall abide by the terms and conditions contained in the Greece Specific Conditions attached hereto and marked as ‘Schedule A’ which are incorporated in this Affiliate Agreement and constitute an integral part of this Affiliate Agreement.
• Affiliates promoting the relevant Betsson Group Websites in Argentina shall ensure that they are at all times compliant with all applicable laws, including without limitation (i) City of Buenos Aires: Law No. 6,330; Resolution No. Resolution No. RESDI-2020-13-GCABA-LOTBA; Resolution No. RESDI-2019-80-GCABA-LOTBA; Resolution No. RESDI-2020-9-GCABA-LOTBA; as well as any other provisions that may be enacted in the future by Lotería de la Ciudad de Buenos Aires, S.E. and/or any public and/or private entity with competence over gaming and gambling in the Autonomous City of Buenos Aires; (ii) Province of Buenos Aires: Law No. 15,079; Law No. 15,131; Decree No. 181/2019; Resolution No. 791 as well as any other provisions that may be enacted in the future by Instituto Provincial de Lotería y Casinos and/or any public and/or private entity with competence over gaming and gambling in the Province of Buenos Aires; (iii) Province of Córdoba: Law No. 10,793; Decree No. 460/2022; Responsible Gaming Policy approved by Resolution No. 1546/2022 series “I” of the Board of Directors of Lotería de la Provincia de Córdoba, S.E., as well as as any other provisions that may be enacted in the future by Lotería de la Provincia de Córdoba, S.E. and/or any public and/or private entity with competence over gaming and gambling in the Province of Córdoba.

2.13.1 When it comes to Responsible Gaming, you are aware of Betsson Group’s on-going commitment to responsible gaming and the prevention of gambling addiction, and you will actively co-operate with Betsson Group to convey a responsible gaming message and reduce gambling addiction including (but not limited to) featuring such responsible gaming links, information or logos as required by Betsson Group on the Affiliate Website. You will not use any material or in any way target any persons who have self-excluded and/or are under 18 (or older where you target a jurisdiction or territory where the minimum age to partake in gambling is greater than 18).

2.13.2 Affiliates whose activities within the scope of this Agreement are intended or reasonably anticipated to reach individuals within the United States may not use any material or in any way target persons who are under 21 years of age. Affiliates targeting potential customers in the United States shall follow all applicable responsible gaming laws and regulations, including but not limited to displaying responsible gambling logos, resources, and telephone resource contacts. We have the right to monitor and audit Affiliate marketing practices at any time with reasonable notice.

2.14 Illegal activity. You will not target any territory or jurisdictions where gambling is illegal or where the promotion, marketing or advertising of gambling is illegal. You will act legally and within the relevant and / or applicable law at all times and you will not perform any act which is illegal in relation to the Affiliate Program or otherwise.

2.15 Cookies. You shall at all times comply with “Applicable Data Privacy Laws” (ADPL) including any new or amended data protection acts, regulations or law applicable to your territory, relating to the use of ‘cookies’ and similar tracking technologies such as beacons, scripts and tags (collectively “cookies”). You agree to comply with all necessary notification procedures of the use of cookies to all visitors to the Affiliate Websites by providing information, via the relevant privacy policy or other means, about the use / deployment of cookies; especially with respect to the processing of users’ personal data for targeted advertising purposes; each cookie deployed (cookie name, type, purpose, host, duration and category); and access of information stored on users’ devices. Affiliate shall provide users with the opportunity to reject the installation of cookies and shall prevent cookies from executing unless consent is provided, where applicable. For the avoidance of doubt, should you wish to engage any third parties in connection with the provision of the services under this Affiliate Agreement, you shall be responsible for ensuring such third parties comply with the requirements of this clause 2.15.

2.16 Cost and expense. You shall be solely responsible for all risk, costs and expenses incurred by you in meeting your obligations under the Affiliate Agreement.

2.17 Betsson Group monitoring of Affiliate activity. You will immediately give Betsson Group all such assistance as is required and provide us with all such information as is requested by Betsson Group to monitor your activity under the Affiliate Program and as we may require to allow us to comply with our reporting and other regulatory obligations.

2.18 Commissions paid to the Affiliate incorrectly. The Affiliate agrees to immediately upon request by us, return all Commissions received based on New Customers referred to Betsson Group in breach of the Affiliate Agreement or relating to fraudulent or falsified transactions.

2.19 Notification of breach. You agree to notify us in writing as soon as practicable and in any event within 5 working days of your becoming aware, of any breach of the Affiliate Agreement, including but not limited to breaches by you of any laws, regulations, licence conditions, codes of conduct or advertising rules which apply to you as a result of the Affiliate Agreement.

3. Your rights:

3.1 Right to direct New Customers. We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate Agreement, to direct New Customers to such Betsson Group Websites as we have agreed with you in strict accordance with the terms and conditions of the Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by or through persons or entities other than you.

3.2 Subject to our agreement, you may introduce potential Sub-Affiliates to us and receive additional commission in accordance with the Sub-Affiliate Terms and Conditions set out below.

3.3 Licence to use Betsson Group Intellectual Property Rights. We grant to you a non-exclusive, non-transferable licence, during the term of this Affiliate Agreement, to use the Betsson Group Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved (in writing) by Betsson Group. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Betsson Group Intellectual Property Rights is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of any Betsson Group Intellectual Property Rights in any action or proceedings of whatever kind or nature, and shall not take any action that may prejudice our rights in the Betsson Group Intellectual Property Rights, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Betsson Group Intellectual Property Rights by any third party.

3.4 For the purpose of the services to be delivered under this Affiliate Agreement, it is understood that as a general rule, Affiliate shall not have access to any Personal Data of Betsson Group’s customers, except in those circumstances where Betsson Group is obliged to share Personal Data pursuant to a legal obligation. In such limited circumstances, Betsson Group shall enter into a separate agreement as required by applicable data privacy laws.

4. Our Obligations:

4.1 We shall use our best endeavours to supply you with all such materials and information required for necessary implementation of the Affiliate Links.

4.2 At our sole discretion, we may register any New Customers directed to the Betsson Group Websites by you and we will track their transactions. We reserve the right to refuse New Customers (or to close their accounts) if necessary, to comply with any requirements we may periodically establish.

4.3 We shall make available monitoring tools which enable you to monitor your Affiliate Account and the level of your Commission and the payment thereof.

4.4 Privacy information about processing of personal data of Affiliates: As an independent data controller, We shall use and process the following personal data of an Affiliate or any Affiliate employee in accordance with applicable privacy law, as follows: your username for the purpose of logging in, your email address, full name, date of birth, your country and address, telephone number, information about revenue and target achiever,  financial and other data necessary for legally required verifications and checks. Furthermore, as noted in Clause 3.4, as a general rule we do not share Personal Data of Betsson Group or Affiliate customers for the purpose of this cooperation except for limited circumstances where a legal obligation is imposed on us, however, you may be required to share some information with us (for example customer e-mail address) in exceptional situations where you have reasonable suspicion that New Customer referred by you under the Affiliate Agreement is in any way associated with money laundering, fraud, or other abuse of remote gaming sites. All this data will be used in the first place in order to conduct cooperation with you and for the performance of the Affiliate Agreement (to register your account, to report and follow your revenue and KPI, to make necessary payments to you) but also in order to fulfill our legal obligations coming from relevant laws such as AML and Gaming laws. Finally, we have to process your data based on our legitimate interest to prevent violation and abuse of these Terms and Conditions, to ensure security, to manage our business relationship, and in the defense of legal or other claims. Please note that all this data is necessary so we can establish and conduct cooperation with you, and therefore if you refuse to provide such data, we will not be able to cooperate with you. We have to keep your personal data for the duration of our cooperation and after the end of the cooperation as required per relevant laws and in order to establish, defend and/or exercise legal claims.

4.4.1 Please note that your data will only be shared among our Group of companies (including without limitation in order to grant and/or enforce the license to the Licensed IP and to process payments) and third parties (recipients) that help us maintain the relationship with you based on data processing agreements. The list of recipients with whom we share your personal data includes providers of database and technical systems to manage the relationship with affiliates, consultants, and other technical providers. Please note that we process your personal data within the EEA and that if we engage third-party vendors or independent contractors outside the EEA, we will only do that by applying appropriate safeguards as required by the GDPR, such as Standard Contractual Clauses. You can always get more information about recipients and safeguards for transfers of data by contacting our Data Protection Officer at dataprivacy@betssongroup.com.

4.4.2 With respect to your personal data you have rights as mandated by the GDPR: right to get a copy of your data; right to correct data; right to delete data; right to object (for example, right to unsubscribe from marketing communications); right to ask for restriction of processing; right to transfer data; and right not to be subject to automated decision making including profiling without meaningful human intervention in accordance with requirements defined in the GDPR. If you have any questions or wish to exercise your rights, you can send an email to our DPO at dataprivacy@betssongroup.com.

4.4.3 Please note that the data controller responsible for processing Affiliate personal data is:

• For Affiliates promoting Zecure Websites: Zecure Gaming Ltd., a private limited liability company bearing company registration number C 69036 and having its registered office at ‘Betsson Experience Centre’, Ta’ Xbiex Seafront, Ta’ Xbiex, XBX 1027, Malta.
• For Affiliates promoting Betsson Group Websites (excluding Zecure Websites): BML Group Ltd., a private limited liability company bearing company registration number C 34836 and having its registered office at ‘Betsson Experience Centre’, Ta’ Xbiex Seafront, Ta’ Xbiex, XBX 1027, Malta.

4.4.4 You can always lodge a complaint on the processing of your personal data with the regulatory authorities overseeing applicable privacy laws. Insofar as the GDPR applies, you may file a complaint with the supervisory authority in the country of your habitual residence, place of work or place of alleged infringement, with the mention that our Lead Supervisory Authority is the Office of the Information and Data Protection Commissioner (IDPC) in Malta.

5. Our Rights and Remedies:

5.1 In the case of your breach (or, where relevant, suspected breach) of the Affiliate Agreement, or failure to in any way meet your obligations hereunder (including without limitation, those obligations referred to in Clause 2), we and/or any other entity within Betsson Group shall have (at our/such other Betsson Group entity’s sole discretion) the following remedies available:

(i)  the right to suspend any Affiliate’s participation in the Affiliate Program for such period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of Commission will also be suspended and accordingly, you will not be entitled to any Commission payment, including for clarity, Sub-Affiliate Commission, if any, as per Clause 5.1(ii) below;

(ii) the right to withhold any Commission or any other payment payable or owing to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Affiliate Agreement which is in breach of (or otherwise not in accordance with) the Affiliate’s obligations under the Affiliate Agreement;

(iii) the right to withhold and / or set off such monies as we and/or any other entity within Betsson Group deems reasonable from the Commission to cover any indemnity given by the Affiliate hereunder or to otherwise cover any liability of Betsson Group which arises as a result of the Affiliate’s breach of the Affiliate Agreement or the Affiliate’s negligent performance hereunder;

(iv) immediately terminate the Affiliate Agreement.

(v) the right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a period of 3 (three) months from the date of the termination of the Affiliate Agreement in accordance with clause 10.1.

5.2 Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

5.3 Account Activity. In addition and without prejudice to the above:

(1) in case you are non-compliant with applicable laws and/or Betsson Group’s instructions, guidelines and/or policies we may, at our discretion, (i) suspend your Affiliate Account(s), fully or partially, for a period of time and terminate the Affiliate Agreement with immediate effect where the relevant circumstance(s) has not been rectified by you within the period of time allocated by us; or (ii) terminate the Affiliate Agreement, fully or partially, with immediate effect; 

(2) any of the following instances shall cause the Affiliate Agreement to be automatically terminated, fully or partially, upon the lapse of the mentioned six (6) month period: (i) failure to generate less than ten (10) New Customers over a period of six (6) consecutive months; or (ii) failure to access your Affiliate Account for a period of six (6) consecutive months; or (iii) failure to withdraw monies from your Affiliate Wallet for a period of six (6) consecutive months; or (iv) where Commission earned by you results in a negative amount over a period of six (6) consecutive months.

6. Commission and Payment:

6.1 Subject to your adherence with the provisions of the Affiliate Agreement, you will earn Commission in accordance with the Commission Structure on Net Revenue of New Customers referred by you to the Betsson Group Websites. We may make changes to the Commission percentage and method of calculation. If such change is not acceptable to an Affiliate, the Affiliate may terminate the Affiliate Agreement in accordance with Clause 8. The Commission shall be deemed to be exclusive of value added tax or any other applicable tax. VAT shall be payable into the account of the Affiliate in addition to the Commission except where in terms of Maltese law it is us who have to account for VAT in Malta in relation to the Affiliate Program (under reverse charge). In case of any change in the applicable VAT, the Commission shall be adjusted so our position remains not more onerous than prior to the change.  We operate a ‘no negative carryover’ policy with the exception of the ‘high roller policy’ as defined in 6.9.

6.2 The Commission is calculated at the end of each month and payments shall be made on a monthly basis in arrears, not later than the 10th of the following calendar month, provided that the amount due exceeds €50 (the “Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commission collectively exceeds the Minimum Threshold.

6.3 Payment of Commission shall be made through our Affiliate Wallet or such other means that we may determine from time to time at our sole discretion.  Due to regulations under The Malta Gaming Authority, Affiliates may be required to provide documentation for verification and ‘know your customer’ purposes before a withdrawal can be accessed. If an error is made in the calculation of the Commission, we reserve the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

6.4 A minimum amount of €50 (fifty euro) may be withdrawn from the Affiliate Wallet at any one time.

6.5 The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.

6.6 If either Party disagrees with the balance due, it shall notify the other Party within fifteen (15) days and state the reasons of the disagreement. The disputed amount shall then be compared by us to reports offered in the Betsson Group Affiliate Account system and the Betsson Group database, and the final amount payable shall be as per the figure reported on the database.

6.7 The Affiliate may, at our sole discretion, be provided with the opportunity to restructure its commission structure. Examples of alternative commission structures could include a Cost Per Acquisition (CPA) model. However, and for the avoidance of doubt, only one type of Commission Structure for the same product may be applied at the same time. Therefore, once an Affiliate accepts our offer to apply a new commission structure, different to the standard Commission Structure detailed in the Affiliate Agreement, the Affiliate hereby agrees and understands that the new proposed commission structure shall replace his existing commission structure in its entirety. Notwithstanding the above, the Affiliate’s obligations assumed under the Affiliate Agreement will still continue to apply to the Affiliate even if a new commission structure is applicable.

6.8 The Affiliate shall have the sole responsibility to pay any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the compensation generated under the Affiliate Agreement. We shall under no circumstances whatsoever be held liable for any such amounts unpaid but found to be due by the Affiliate and the Affiliate shall indemnify us in that regard.

6.9 If in any given calendar month, a player from any Affiliate generates negative commissionable revenue of at least €50,000 (fifty thousand Euro) then such player shall be deemed to be a high roller (“High roller(s)”). In calculating Commission for High Rollers; where commission earned by an Affiliate in relation to a High Roller(s) results in a negative amount in any calendar month then we shall have the right to carry forward any such negative amounts and the negative amounts will be applicable to and set off against any future commission payable to you in relation to the High Roller(s) until the negative balance has been fully set off against future positive commission. If any High Roller(s) has a negative commissionable revenue in excess of €50,000 (fifty thousand Euro) in the last calendar month prior to the current unbilled calendar month then this negative commissionable revenue will be considered as negative carryover and used to calculate Commission for the current unbilled calendar month.

6.10 If at any time and for any reason any monies received by Betsson Group from New Customers need to revert back to said New Customers, any Commissions paid to you based on said monies shall accordingly revert back to Betsson Group. Betsson Group shall also be entitled to set-off from future Commissions payable to you any amounts already received by you in these circumstances.

7. Sub-Affiliate Terms and Conditions:

7.1 The following terms and conditions shall apply to You in respect of Sub-Affiliates. If You wish to introduce potential Sub-Affiliates to us, you should sign-up via the https://affiliates.betssongroupaffiliates.com/signup.php. Potential Sub-Affiliates will be required to complete and submit an Affiliate Application. We will assess the Sub-Affiliate application and may, at our sole and absolute discretion, accept or otherwise reject such Affiliate Application pertaining to potential Sub-Affiliates.

7.2 Upon our acceptance of a Sub-Affiliate to the Affiliate Program, each Sub-Affiliate will be required to accept the terms and conditions of the Affiliate Agreement, as set out herein.

7.3 Upon our acceptance of a Sub-Affiliate to the Affiliate Program, Sub-Affiliates will receive Commission from us in accordance with the Affiliate Agreement. You shall be entitled to receive Commission from us based on the Commissions received by the Sub-Affiliates introduced by you to us (the “Sub-Affiliate Commission”). The Sub-Affiliate Commission due to you shall depend on the Commission Structure agreed between such Sub-Affiliate and us, regardless of the Commission Structure applicable to you. Please visit https://www.betssongroupaffiliates.com/commissions/ for more information. For the sake of clarity, where a Sub-Affiliate’s account is suspended resulting in the cessation of said Sub-Affiliate’s Commission payments, Sub-Affiliate Commission shall also cease during said time where the Sub-Affiliate account is suspended. In such case you shall not be entitled to claim any potential commission that might have otherwise accrued in relation to this period of suspension.

7.4 For the sake of clarity, nothing herein shall entitle you to receive any Commission for sub-affiliates introduced by a Sub-Affiliate to us.

7.5 None of the following is permissible and is strictly forbidden at all times: (a) introducing yourself, an employee or a relative as a Sub-Affiliate, or, where the person entering into this Affiliate Agreement is a legal entity, neither the directors, officers nor employees of such legal entity or the relatives of such individuals, or legal entities forming part of the same group of companies as the Affiliate entity. For the avoidance of doubt, you shall not be entitled to any Sub-Affiliate Commission if: (i) you are a legal person, and the relevant Sub-Affiliate is your director, an officer of the entity, employee or agent or in any case an entity within the same group of companies as you; or, (ii) you are a natural person, and the relevant Sub-Affiliate is your employee, agent or relative; (b) offering, making available to or providing a Sub-Affiliate (including a potential Sub-Affiliate) an incentive – whether financial or otherwise – to act as, or, become a Sub-Affiliate; (c) attempt to use the Sub-Affiliate structure in any manner whatsoever in bad faith against us.

7.6 If we determine, in our sole and absolute discretion, that you have done or attempted to do any of the aforesaid, we may immediately block your Affiliate Account/s, and/or retain any Commission and/or Sub-Affiliate Commission (as we may unilaterally decide) otherwise payable to you, and you will no longer be entitled, and, we will no longer be liable, to pay such Commission and/or Sub-Affiliate Commission to you.

8. Modification of terms and conditions:

We may modify any of the terms and conditions contained in the Affiliate Agreement or replace it at any time and in our sole discretion by posting a change notice and/or  notifying Affiliates in an email of the implemented changes. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate the Affiliate Agreement with immediate effect. Your continued participation in our Affiliate Program following an update to any of the terms and conditions of the Affiliate Agreement will constitute binding acceptance of the modified Affiliate Agreement, irrespective of whether or not the Affiliate has actually learned of or read the relevant changes.

9. Confidential Information and Publicity:

During the term of the Affiliate Agreement, you may from time to time be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate Program (including, for example, the Commissions earned by you under the Affiliate Program). You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent. You also agree that you will use the confidential information only for purposes necessary to further the purposes of the Affiliate Agreement. Your obligations in regard to this clause survive the termination of the Affiliate Agreement. You must not issue any press release or similar communication to the public with respect to your participation in the Affiliate Program without the prior written consent of Betsson Group (with approval of the exact content to also be approved by us).

10. Term and Termination:

10.1 Term. The term of the Affiliate Agreement will begin when you are approved as an Affiliate and will be continuous. Without prejudice to any other provision, the Affiliate Agreement may be terminated by either party by giving thirty (30) days written notice to the other party, provided that this Affiliate Agreement shall be automatically terminated in the event that we are precluded from offering the online gaming services to customers through any of the Betsson Group Websites. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. For the avoidance of doubt, we may also terminate (in accordance with Clause 5 above) upon immediate notice at any time for the Affiliates failure to meet their obligations under the Affiliate Agreement or otherwise for the Affiliate’s negligence.

10.2 Affiliate actions upon termination. Upon termination you must immediately remove all of Betsson Group banners/icons from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Betsson Group Websites. All rights and licenses given to you in the Affiliate Agreement shall immediately terminate. You will return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of all Betsson Group Intellectual Property Rights.

10.3 Commission. Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to Betsson Group during the term shall not be payable to the Affiliate as from the date of termination. All monies earned by Betsson Group from such New Customers shall, as from the date of termination, be retained solely by Betsson Group.

10.4 With reference to Affiliates active in the territory of the United States of America, we have the right to terminate this Agreement, without notice, (i) upon the institution by or against either party of insolvency, receivership, or bankruptcy proceedings or any other proceedings for the settlement of Affiliate’s debts, (ii) upon Affiliate making an assignment for the benefit of its creditors, or (iii) upon Affiliate’s dissolution or ceasing to do business.

11. Miscellaneous:

11.1 Disclaimer. We make no express or implied warranties or representations with respect to the Affiliate Program, about Betsson Group or the Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered in the Betsson Group Affiliate Account system and the Betsson Group database, the database shall be deemed accurate.

11.2 Indemnity. You shall defend, indemnify, and hold Betsson Group, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any provision of the Affiliate Agreement, (b) the performance of your duties and obligations under the Affiliate Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate Program.

11.3 Limitation of Liability.  We and/or any other entity within Betsson Group shall not be held liable for any direct or indirect, special, or consequential damages (or any loss of revenue, profits, or data), any loss of goodwill or reputation arising in connection with the Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.

11.4 Non-Waiver. Our failure to enforce your strict performance of any provision of the Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of the Affiliate Agreement. No modifications, additions, deletions or interlineations of the Affiliate Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to the Affiliate Agreement or its terms.

11.5 Relationship of Parties. We and the Affiliate are independent contractors and nothing in the Affiliate Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Affiliate Agreement.

11.6 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) days then either Party may terminate the Affiliate Agreement with immediate effect by providing a written notice.

11.7 Assignability. You may not assign the Affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, the Affiliate Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.

11.8 Severability. Each provision of the Affiliate Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of the Affiliate 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 the Affiliate 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.

11.9 English language. Where the Affiliate Agreement is translated into the languages, please be aware that the Affiliate Agreement was first drafted in English and where there is any conflict or discrepancy between the English language version and any other language, the English language version shall prevail.

11.10 Governing Law. The validity, construction and performance of the Affiliate Agreement and any claim, dispute or matter arising under or in connection to the Affiliate Agreement or its enforceability shall be governed and construed in accordance with the laws of Malta. Each Party irrevocably submits to the Malta Arbitration Centre, Malta, over any claim, dispute or matter under or in connection with the Affiliate Agreement and/or its enforceability.

Schedule A

Greece Specific Conditions

In this Schedule A the below capitalised terms shall be defined as follows, and, any other words and expressions defined in the Affiliate Agreement and not otherwise defined herein this Schedule A shall have the meanings given to them in the Affiliate Agreement;

1. Definitions

Affiliate Suitability Licence (Affiliate SL) or SL means the decision approving an entity’s suitability to be an Affiliate pursuant to the relevant provisions of Applicable Laws, including without limitation, the Gaming Regulation.

Applicable Law(s) means all laws of any jurisdiction that are applicable to this Affiliate Agreement, to the Parties hereto or to any activity of any of the Parties hereto, as amended and in force from time to time, including, without limitation, any rules, regulations, orders, or decisions of any competent authority, including without limitation, any rules, regulations, orders, Guidelines or decisions of the HGC, including but not limited to the Gaming Regulation and Decision No. 509/1/11.09.2020 Granting Affiliate Suitability Licence for Promotional Actions with respect to online Games of Chance and registration in the Register of Affiliates, as amended, replaced or superseded from time to time.

Games of Chance or Games means the Online Bet referred to in Article 25(c) of the Law and Other Online Games referred to in Article 25(v) of the law 4002/2011 (Α’ 180) which may be organised and run lawfully in the territory of Greece by the Licence Holder via its website, and which have been granted the required gaming certifications, as amended, replaced or superseded from time to time.

Gaming Regulation means any ministerial decision referred to in Article 29(3) of Law 4002/2011 (Government Gazette 180/A) as amended, replaced or superseded from time to time.

Guidelines are guidelines of the circular issued by the HGC with instructions on how to implement the provisions of the Gaming Regulations and of this decision. The guidelines are binding in the Authority’s dealings with citizens.

HGC or Authority means the Hellenic Gaming Commission.

Licence Holder means BETMED LTD, a limited liability company registered under the laws of Malta, bearing company registration number C 95506 and having its registered address at Betsson Experience Centre, Ta’ Xbiex Seafront, Ta’ Xbiex, XBX 1027, Malta.

Organising means organising a game referred to in Article 25(t) of the Law 4002/2011 (Government Gazette 180/A) as amended, replaced or superseded from time to time. References herein to the concept of ‘Organising’ it shall also cover to the concept of ‘Running’ and vice versa.

Payment Service Provider means a credit institution or payment institution or electronic money institution that is established and operates lawfully in Greece or other Member States of the European Union or the European Economic Area. Responsible Gambling means all provisions of the Gaming Regulations and HGC Guidelines that aim to ensure that all activities in the field of games of chance are performed pursuant to the provisions in force, in a socially responsible manner, in order to minimise consequences for the players due to their participation in games of chance.

Running means running a game referred to in Article 25(s) of Law 4002/2011 (Government Gazette 180/A) as amended, replaced or superseded from time to time. References herein which refer to the concept of ‘Running’ shall also cover the concept of ‘Organising’ and vice versa.

2. Throughout the duration of the Affiliate Agreement, the Affiliate confirms and agrees that Betsson Group is bound to and shall provide for and apply appropriate and effective procedures so as to:

2.1. ascertain that all preconditions for granting an Affiliate SL are met and shall notify the HGC of any change in the data or documents based on which said SL was granted as soon as it is informed about it;

2.2. ensure that when the Affiliate (as the holder of the Affiliate SL) provides its services under the Affiliate Agreement, it does not place at any risk the Organisation and Running of the Games, public safety and health, and safeguards the principles of Responsible Gaming;

2.3. immediately and in any expedient manner notify to the HGC the Affiliate Agreement and any amendment thereof, upon execution thereof, as well as the account held by the Affiliate with a Payment Service Provider of which said Affiliate is the sole beneficiary of, where all transactions under the Affiliate Agreement are settled.

3. An Affiliate shall only provide the services under the Affiliate Agreement once said Affiliate: (i) has been granted an Affiliate SL, (ii) is entered in the Register of Affiliates kept by the HGC and (iii) has entered into and agrees to be bound by all the terms and conditions of the Affiliate Agreement.

4. All Affiliates in question confirm and agree that they fall under the provisions laid down in the General Regulations for the Protection of Personal Data pursuant to Law 4624/2019 (Government Gazette 137/A) and Law 2472/1997 (Government Gazette 50/A) and are obliged to take all necessary precautionary measures to prevent players from being identified by technical or other means that may be reasonable used by third parties.

5. Affiliates expressly confirm, agree and commit to fully, absolutely and unreservedly accept and abide by the provisions of the relevant legislation, the Gaming Regulations and the HGC guidelines on organising and running Games of Chance at all times.

6. Throughout the duration of the Affiliate Agreement, the Affiliate shall:

6.1. Only use Affiliate websites in its possession to promote the Licence Holder and/or the relevant Betsson Group Website.

6.2. Immediately inform the HGC in any manner available with respect to any change, transfer, modification, closure or addition of Affiliate websites.

6.3. Settle his/her transactions due under the Affiliate Agreement in an account held by the Affiliate as the sole beneficiary at a Payment Service Provider in compliance with the relevant provisions;

6.4. abide by the provisions on commercial communication under Law 4002/2011 (Government Gazette 180/A) and pursuant to the Gaming Regulations and further understands and confirms that the HGC may impose immediate interruption of any commercial communication action that is contrary to the current provisions and the Gaming Regulations. To this end, the Affiliate confirms and agrees that the Licence Holder and/or Betsson Group and the Affiliate may engage in commercial communications on accounts that the Affiliate owns, develops and creates on social media, provided that the social media provide special filters and access blocking apps for persons who have not turned 21 years old, pursuant to the specific regulatory provisions on commercial communications and Responsible Gambling as well as the relevant HGC Guidelines.

7. We may further terminate this Affiliate Agreement immediately upon written notice to the Affiliate, without penalty or damage, if any relevant competent gaming authority and/or equivalent regulatory/governmental entity, including without limitation the HGC, takes any action, decision or order, the result of which renders any part or all of the Affiliate Agreement and/or the activities (or any part thereof) of either party thereunder unlawful and/or restricted, in full or in part, or, if we determine in our sole and absolute discretion that the relationship established by the Affiliate Agreement is, or, in the near future, will be, prohibited by Applicable Law, rule or regulation, or that compliance with Applicable Law, rule or regulation would be in our sole discretion, excessively burdensome or reputationally detrimental to the Licence Holder or Betsson Group in general. In the event that the Affiliate Suitability Licence is waived, the Affiliate understands and agrees that Betsson Group shall immediately cease all actions relevant to the Affiliate Agreement, terminate said Affiliate Agreement and notify the HGC accordingly.

8. The Affiliate represents and warrants:

8.1. that it will at all times comply with all Applicable Law;

8.2. to provide, at any time throughout the duration of the Affiliate Agreement, any such information to Betsson Group as Betsson Group may reasonably require to enable the Licence Holder to comply with its information reporting and other obligations under Applicable Laws and to any relevant supervisory authorities, including without limitation the HGC;

8.3. that it fully acknowledges that its conduct as an Affiliate has the potential to cause substantial damage to the Licence Holder, Betsson Group and the relevant Betsson Group Website’s reputation and goodwill, and the Affiliate undertakes at all times to consider the goodwill and reputation of the Licence Holder, Betsson Group and the relevant Betsson Group Website’s and to act in an appropriate manner. To this end, in performing its obligations under the Affiliate Agreement, the Affiliate shall conduct itself with utmost diligence as if it was bound by the same license conditions and subject to the same codes of practice applicable to the Licence Holder;

8.4. that it has effective mechanisms in place to prevent access to the Affiliate website/s by minors, including but not limited to, clear warning signs indicating the minimum legal age permitting individuals to make use of the products promoted on the Affiliate website/s as stipulated by Applicable laws and/or any competent authority;

8.5. that the Affiliate website shall not contain, or link to, any material which is defamatory, pornographic, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third-party rights (including but not limited to intellectual property rights infringing websites);

8.6. to immediately comply with all instructions and guidelines provided by Betsson Group and/or the Affiliate Agreement in relation to activities in marketing and promotion of the relevant Betsson Group Website;

8.7. it will be responsible for the content on the Affiliate website and for any activity carried out through said Affiliate website and its partners, if any;

8.8. that it shall only make use of the relevant Betsson Group Website and the brand promoted therein for the purposes authorized in the Affiliate Agreement and it further warrants that it acknowledges and confirms that no rights or licenses are conferred on the Affiliate by Betsson Group pursuant to the Affiliate Agreement;

8.9. that it has used commercially reasonable endeavours to ensure that its relevant associated persons (including, where relevant, employees, officers, subsidiaries, subcontractors or any third-party providing services for or on behalf of the Affiliate) comply with the obligations laid down in the Affiliate Agreement and Applicable laws.

9. The Affiliate hereby agrees to indemnify, defend and hold harmless Betsson Group (including for the sake of clarity the Licence Holder), its shareholders, officers, directors, employees, agents, successors and assigns (the “Indemnified Parties”), from and against any and all claims, suits, actions and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages, fines, penalties and expenses (including legal and other professional fees and expenses) brought/awarded against, or incurred or paid by, any of the Indemnified Parties, as a result of or in connection with:

9.1. any breach by the Affiliate of any provisions (including without limitation representations or warranties) made by the Affiliate under the Affiliate Agreement;

9.2. the development, operation, maintenance, and contents of the Affiliate website or any materials, products or services linked to therein;

9.3. information security violations caused by negligence, inexperience, incapacity, bad faith of the Affiliate’s employees and/or partners; and

9.4. the Affiliate’s breach of any Applicable Laws (including without limitation events where the Indemnified Parties are fined and/or sanctioned by any competent authority, including without limitation the HGC, or government or any other authority, for the activities of the Affiliate).

Schedule B

Finnish Specific Conditions

Our policy is not to pay any Commission for any new traffic (from the 1 January 2022 onwards) deriving from Finland which is generated as a result of promotion on channels which actively target the Finnish market and are not compliant with the New Lottery Act.

Schedule C

Norway Specific Conditions

Our policy is not to pay any commission for any new traffic (from the 19 December 2022 onwards) deriving from Norway which is generated as a result of promotion on channels which actively target the Norwegian market.

Schedule D

Ontario Province Specific Conditions

Affiliates who perform activities intended to promote Betsafe in the Province of Ontario, shall, in addition to the Betsson Group Affiliates – Terms and Conditions, also be subject to the terms and conditions contained in this Schedule E, and these Ontario Province Specific Conditions together with the Betsson Group Affiliates – Terms and Conditions shall constitute the entire Affiliate Agreement.

1. You may only promote the Betsafe brand as operated by GWN Limited in the Province of Ontario. No other website or brand operated by any member of Betsson Group may be promoted in Ontario.
2. You may not produce and distribute content that describes bonuses, free bets, enhanced odds, or any other inducements to gamble.
3. Players participating in our offering within the Province of Ontario must be 19 years of age or older. Advertising and marketing by you targeted to underage individuals or delivered through methods likely to reach underage individuals is prohibited. Examples of prohibited types of advertising and marketing include without limitation (i) the use of personalities, themes, and fictitious characters who primarily appeal to underage individuals; (ii) media and social media platforms, accounts, subscriptions, and other forums primarily targeted at underage individuals; (iii) association with institutions such as schools, youth organizations, or youth sports; and/or (iv) any other activity that is reasonably likely to reach underage individuals. Upon our request, you must provide supporting documentation that your activities are designed to meet the above requirement.
4. You must include a message stating that individuals must be 19 years of age or older to participate in the offering on Betsafe in the Province of Ontario.
5. Advertising and marketing targeted or likely to reach at-risk audiences is prohibited. At-risk audiences include, but are not limited to, people suffering from addiction, low-income individuals, those with limited mental capacity, and other groups that are traditionally less likely to gamble responsibly. Upon our request, you must provide supporting documentation that your activities are designed to avoid reaching individuals who are at risk for developing gambling problems.
6. You must include the following responsible gambling message in your marketing content:

If you need help with gambling addiction please visit ConnexOntario, call 1-866-531-2600, or take a look at our Responsible Gaming tools.

7. You must include the following text in your promotion of Betsafe in the Province of Ontario:

Betsafe is operated in Ontario by GWN Limited, registered under the laws of Malta, with company registration number C 101570 and with its registered office at Betsson Experience Centre, Ta’ Xbiex Seafront, Ta’ Xbiex, XBX 1027. GWN Limited is registered to offer online gambling services in Ontario by the Alcohol and Gaming Commission of Ontario (AGCO) and is operating pursuant to an agreement with iGaming Ontario.

Schedule E

Argentinian Specific Conditions applicable to Affiliates based anywhere within Argentina promoting https://pba.betsson.bet.ar/, https://caba.betsson.bet.ar/ and https://cba.betsson.bet.ar

Commission shall be payable on a monthly basis and subject to the receipt of a valid AFIP official invoice in accordance with the Affiliate`s tax status in Argentine Pesos to be addressed to the correct Betsson Group entity and sent to argentina.marketing@betssongroup.com. The relevant Betsson Group entity shall, following verification of said invoice, settle the relevant invoice within thirty (30) days of receipt of said invoice where Commission shall be paid to the Affiliate in Argentinian Pesos. The Commission shall be deemed to be exclusive of value added tax or any other applicable sales tax. VAT shall be payable by the relevant Betsson Group entity upon the presentation of a valid invoice accounting for such value added tax or any other applicable sales tax, in addition to the Commission.

Any withholding taxes payable by the relevant Betsson Group Entity at source as per the applicable tax laws and regulations, shall be borne by the Affiliate such that, the Commission shall be received by the Affiliate net of any applicable withholding taxes. Upon request, the relevant Betsson Group Entity having paid tax at source, shall provide the Affiliate with the relevant tax certificates, outlining the amount of tax paid at source as per the applicable tax laws and regulations.

Affiliates shall ensure that they conduct their business activities in accordance with applicable laws and shall refrain from undertaking any marketing activities in Argentine jurisdictions where the relevant Betsson Group entity does not have the necessary permits, licence(s), authorisation(s) and/or approval(s) without first obtaining the relevant Betsson Group entity’s prior written approval.

The legal basis for processing personal data of Argentinian Affiliates in accordance with Applicable Data Privacy Laws is prior, express and informed consent, a contract or the existence of a legal obligation. Any reference to the legitimate interest as legal basis for processing personal data included in the Affiliate Agreement shall be replaced by such legal basis.

If we engage third-party vendors or independent contractors outside Argentina and the EEA, we will only do that by applying appropriate safeguards as required by the Applicable Data Privacy Laws, such as the Argentine Standard Contractual Clauses approved by the Argentine Data Protection Authority’s Rule 60-E/2016 as amended. You can always get more information about recipients and safeguards for transfers of data by contacting our Data Protection Officer at dataprivacy@betssongroup.com.

Argentinian Affiliates have the following rights as mandated by the Applicable Data Privacy Laws: right to access to their personal data; right to amend and correct data; right to delete data; right to object (for example, right to unsubscribe from marketing communications); right to ask for restriction of processing and right to withdraw their consent in accordance with requirements defined in the Applicable Data Privacy Laws.  If you have any questions or wish to exercise your rights, you can send an email to our DPO at dataprivacy@betssongroup.com.”

The Agency for Access to Public Information, in its capacity as supervisory authority of the Applicable Data Privacy Laws, has the power to deal with complaints and claims filed by Argentinian Affiliates due to non-compliance with current personal data protection regulations.

For the purposes of this Schedule, “Applicable Data Privacy Laws” means Argentine Personal Data Protection Law No. 25,326 (as amended, supplemented or otherwise modified from time to time, including Executive Order No. 1558/2001).

Schedule F

Chile Specific Conditions

Our policy is not to pay any commission for any new traffic (20th December 2023 onwards) deriving from Chile which is generated as a result of promotion on channels which actively target the Chilean market.

Schedule G

Peruvian Specific Conditions

Affiliates who perform activities intended to promote the relevant Betsson Group Websites in Peru, shall, in addition to the Betsson Group Affiliates – Terms and Conditions, also be subject to the terms and conditions contained in this Schedule H, and these Peru Specific Conditions together with the Betsson Group Affiliates – Terms and Conditions shall constitute the entire Affiliate Agreement. 

• The Affiliate shall ensure that it is at all times compliant with all applicable laws, including without limitation, Law No. 31557, Regulating the Operation of Remote Gaming and Sports Betting, modified through Law No. 31806; Supreme Decree No. 005-2023-MINCETUR, any other provisions that may be enacted in the future by the Ministry of Foreign Trade and Tourism (MINCETUR) and/or any public and/or private entity with competence over gaming and gambling in Peru, as well as instructions and guidelines communicated to the Affiliate by the relevant Betsson Group entity/ies; 

• The Affiliate shall include the following responsible gambling message in the marketing and advertising content: 

Solo 18+. Los juegos y apuestas deportivas a distancia realizados en exceso pueden causar ludopatía. 

Such phrase must be prominently displayed, in legible and easily visible characters, in proportion to the rest of the information advertised in the case of visual and audiovisual media.  

• The Affiliate shall include the following text in its advertising and promotion of the relevant Betsson Group Website/s in Peru: 

Betsafe.pe es operado por SFTG Limited, autorizada por el MINCETUR, bajo las autorizaciones no. 11002586020000 y 21002586020000 emitidas el 24 de junio de 2024. 

Inkabet.pe es operado por Lucky Torito S.A.C., autorizada por el MINCETUR bajo las autorizaciones no. 11002603010000 y 21002603010000 emitidas el 10 de julio de 2024.

• Any marketing/ advertising materials must not i) include real or virtual representations of minors, ii) include children and adolescents, iii) target minors or include any messages addressed to minors, iv) be aimed at players excluded from the relevant Betsson Group Websites. 

• The Affiliate agrees to comply with all applicable data breach, privacy, and protection laws including but not limited to the Peruvian Personal Data Protection Law No. 29733, as amended, supplemented or otherwise modified from time to time. 

Peruvian specific conditions applicable to Affiliates based anywhere within Peru promoting www.inkabet.pe 

Commission shall be payable on a monthly basis and subject to the receipt of a valid invoice issued either from SUNAT’s electronic invoicing system or from any other authorized system in Peru in accordance with the Affiliate`s tax status in Peruvian Soles to be addressed to the correct Betsson Group entity and sent to invoices.luckytorito@betssongroup.com. The relevant Betsson Group entity shall, following verification of said invoice, settle the relevant invoice within thirty (30) days of receipt of said invoice, where Commission shall be paid to the Affiliate in Peruvian Soles. The Commission shall be deemed to be exclusive of Value Added Tax (“VAT”), referred to as Impuesto General a las Ventas (“IGV”) in Peru, or any other applicable sales tax. Notwithstanding the foregoing, the Commission and the applicable IGV shall be stated separately on the invoice and settled accordingly by the relevant Betsson Group entity.

In instances where the Commission is subject to the Sistema de Pago de Obligaciones Tributarias con el Gobierno Central (“SPOT”), the relevant Betsson Group entity shall make the payment of the detraction (detracción) to the Affiliate’s bank account at Banco de la Nación. The relevant Betsson Group entity shall provide the Affiliate with the proof of payment of the detraction.

It is acknowledged that the relevant Betsson Group entity shall comply with all applicable tax obligations, without requiring the acceptance or consent of the Affiliate.