Affiliates Terms and Conditions

Introduction

Agreement contains all of the terms and conditions between BETJOY and the individual or organisation (the "Affiliate") participating in the BETJOY Affiliate Programme (the "Programme"). "Customer" is defined as a person that opens a new BETJOYcasino.com account and makes a deposit.

Please read these terms and conditions carefully. By ticking the box indicating your acceptance and submitting your application to join the Programme, you are agreeing to the terms and conditions below. If you do not agree to accept and be bound by these terms and conditions, or if you are not authorised to do so, please do not continue with your application. If you have any questions in relation to these terms and conditions or the BETJOY Affiliate Programme then please contact the affiliate manager.

BETJOY Obligations

Provide links – BETJOY shall supply Affiliates with tracking Links for inclusion within the Affiliate’s site(s) and may update such Links from time to time. BETJOY shall not be liable to you in any way if we are unable to identify a Customer as originating from the Partner Site.

Register your Customers – Subject to the Affiliate complying with the link instructions, BETJOY will register Affiliate customers and will track their play. By opening an account with BETJOY, the Customer agrees that all BETJOY player rules, policies, operating procedures and terms and conditions will apply to them. BETJOY reserves the right to refuse Customers or close their accounts if necessary to comply with any requirements we may periodically establish.

Supply Customers Statistics – Affiliates will be able to view their Customers' play by logging on to the Affiliate site to see reports and statistics summarising customer activity. The reports will track customer accounts generated by Affiliate's marketing efforts and any commissions earned. All customer tracking statistics will be updated once a day for the previous day.

Pay Commission Fees - BETJOY will pay Affiliate commission fees as set out in Commission Structure Section.

Modification - BETJOY may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by notifying the Affiliate via email, or by posting a notice or a new agreement on our website. Modifications may include, for example, changes in the scope of available commission fees, fee schedules, payment procedures, and referral program rules. If any modification is unacceptable to the Affiliate, you should terminate the affiliate agreement, continued participation by an Affiliate in the programme following posting of a change notice or new agreement on the BETJOY Affiliate website will constitute binding acceptance of the change.

Affiliate Obligations

The Affiliate shall use the most up to date Links provided by BETJOY on agreed locations and media. Any approved Affiliate application, should display the appropriate Links within four (4) weeks of notification of acceptance, or the agreement may be terminated immediately on notice.

The Affiliate shall use best commercially reasonable efforts to actively and effectively advertise, market and promote BETJOY as widely and aggressively as possible in order to maximize the financial benefit to both the Affiliate and BETJOY.

The Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law and which reflect positively upon the business reputation of BETJOY. The Affiliate shall be responsible for consulting and regularly checking the list of allowed Customer registration territories. Any territories not included within the Customer Registration list are excluded.

The Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of BETJOY to their customers.

The Affiliate shall not create, publish, distribute, or permit any written material that makes reference to BETJOY without first submitting such material to BETJOY and receiving our prior written consent, which shall not be unreasonably withheld.

Commission Fees

BETJOY will pay the Affiliate on a monthly basis according to the following structure, unless otherwise agreed with the Affiliate Manager.

Revenue share model - BETJOY will pay the Affiliate a percentage of the combined month Customer Net Revenue generated as a result of a direct referral by the Affiliate as follows:

Customer Net Revenue Revenue Share
Up to €10,000 25%
Between €10,000 to €30,000 30%
Above €30,000 35%

Net Revenue is defined as: all gross profits from bets made from customer losses less; monies paid out to Customers as fraud, charge-backs, bonuses and other incentives offered to the Customer.

Each month the % you earn is based on depositing Customers only. Any commissions earned from winnings/losses from non-cash depositing Customers will be removed from the Affiliates account.

Negative Carryover

Negative earnings are not carried forward to the next month. Should the Affiliate close the month with a close the month with a negative balance, the account balance will be reset to zero at the beginning of the next month.

Negative Commissionable revenue generated in any given month by any Customers who BETJOY, in our sole discretion, determine to be “High Rollers” will be carried forward and offset against future commissionable revenue generated by Customers referred by You until such negative commissionable revenue is cleared. The determination of the criteria to categorize a Customer as “High Roller” shall be in BETJOY’s sole discretion and responsibility in this regard shall be to advise you of the categorisation of any Customers referred by you as the same by way of amendment to these terms and conditions. Current criteria for determining High Roller policy include the following:

If in any given month a Customer generates negative commissionable revenue of at least €5,000, and the aggregate commissionable revenue in that month for that Affiliate is negative, then such Customer shall be deemed to be a High Roller;

If both of the above criteria is met then the negative commissionable revenue generated by the High Roller will be carried forward and offset against future commissionable revenue generated by that High Roller. The negative balance carried forward cannot be set-off against other Customers' positive commissionable revenue.

The negative balance carried forward cannot be greater than the total aggregate negative commissionable revenue for the affiliate, for that month.

The negative balance of a High Roller will be reduced by future positive commissionable revenue that they generate in subsequent months.

Commission Payments

BETJOY shall pay the Affiliate monthly, in accordance with this Agreement for the preceding calendar month. All commissions will be paid out on the 10th working day of the next calendar month. If Affiliate commissions earned do not exceed one hundred euros (€100.00) in any given month, then payment will be carried over to the following month until they exceed €100.00.

Payments will be made through a BETJOYcasino.com Customer Account to be set up by the Affiliate upon acceptance to the Programme. The Affiliate can use any of the available withdrawal methods featured on BETJOYcasino.com. If the Affiliate chooses to withdraw to Credit/Debit card an initial deposit of the minimum €10 is required and the card used must be verified using the customer verification process outlined within the BETJOYcasino.com general Terms and Conditions.

If an error is made in the calculation of the Revenue Share, BETJOY reserves the right to correct such calculation at any time and to reclaim from the Affiliate any overpayment made by to the Affiliate (including, without limitation, by way of reducing future payments which might otherwise be due to the Affiliate). All calculations in connection with the amount payable to the Affiliate will be made by BETJOY and based solely on BETJOY systems' data and records, and BETJOY calculations will be final and binding.

Any referral fees and commissions are based upon our good faith calculation based on our statistics and tracking methods.

Duplicate Accounts and Self-Referral are not allowed. The Affiliate shall create only one BETJOY Affiliate account. Upon acceptance to the Programme the Affiliate will be required to open a BETJOYcasino.com customer account for commission payments. Affiliate shall not open more than one Affiliate account without prior written consent from BETJOY, nor will the Affiliate earn commissions on their own or related persons BETJOY account.

Customers referred by the Affiliate shall not open more than one account. BETJOY further reserves the right to ask any customer to provide sufficient documentation for verification purposes. In the event a violation, BETJOY has the right to void all current and future play as well as eliminate any earned commissions applicable from such play.

The Affiliate will earn commissions for the life of the Customer, on all transactions the Customer undertakes at BETJOY, for as long as the Affiliate remains an active member of the Programme. An active member is defined as an Affiliate who remains in good standing and promotes BETJOY to the best of their ability (as stated in section 3). BETJOY reserves the right to decrease the amount of the Affiliate Revenue Share to a lower percentage if during any three (3) month period the Affiliate fails to deliver any new Customers.

If 50%-100% of the Affiliate earnings from referred Customers are generated by one Customer, BETJOY reserves the right to conduct detailed analysis of the Customer’s betting behaviour to ensure quality of traffic referred. BETJOY reserves the right to withhold commissions if the Customer’s behaviour is deemed to be fraudulent.

If 50%-100% of the Affiliate earnings from referred Customers are generated by Customers who are backing the same selection in the same event, BETJOY reserve the right to conduct detailed analysis of the Customer’s betting behaviour to ensure quality of traffic referred and BETJOY reserve the right to withhold commissions if the Customer’s behaviour is deemed to be fraudulent.

BETJOY reserves the right to enforce a three month probationary period from the first date of joining the Programme in which the referred customers betting behaviour will be monitored to ensure the quality of traffic referred.

BETJOY reserve the right to withhold any/all commissions generated during the probationary period (or any time thereafter) if the Customer’s behaviour is deemed to be fraudulent.

If a Customer registered through an Affiliate is banned from play for any reason, and BETJOY has to return any deposited money to the Customer, BETJOY will not pay the Affiliate for the revenues generated by a banned Customer. If a Customer registered through the Affiliate is being investigated for credit card, bank information or address verification, BETJOY will withhold payments of profits generated from that Customer until the investigation is completed.

A person may not maintain an affiliate and a referral relationship with BETJOY concurrently. BETJOY reserves the right to terminate all or either of the relationship should the Affiliate be found to have both relationships with BETJOY and should there be any commission earned, it will be pro-rated up to the date of termination.

In accordance with policy, BETJOY prohibits and actively prevents money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. Before accepting an Affiliate application, BETJOY will verify the Affiliate identity through the information provided and by obtaining further information from public sources and data. For the avoidance of doubt, the Affiliate agrees that BETJOY may use any personal information provided by the Affiliate for the purposes of verifying identity.

BETJOY may request the Affiliate to provide supporting documents, including any or all of the following for individuals: copy of a government issued document (Passport, National ID Card or Driving Licence); copy of a utility bill; letter of reference from the individual's bank; and copy of a bank statement. For a company, supporting documentation may include: a copy of the company's certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; certificate of good standing; power of attorney; and information regarding the identity of the beneficial owners and directors of the company. BETJOY reserves the right to withhold payments due if such supporting documents are not provided in a timely manner; and until such time as details have been verified to BETJOY’s satisfaction.

Terms and Termination

The term of this Agreement will begin upon BETJOY’s written confirmation of your acceptance into the Programme. Either BETJOY or the Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party at least 7 days written notice of termination by email to affiliates@BETJOYcasino.com. Affiliate performance will be reviewed regularly. This Agreement can be terminated at any time without prior notice if the Affiliate is not an active member of the Programme. BETJOY has the right to terminate the Agreement without prior notice if the Affiliate breaches any terms or conditions of this Agreement.

Upon termination all rights and licenses granted to the Affiliate shall terminate immediately. The Affiliate will be entitled to unpaid commission fees, if any, earned on or prior to the date of termination. The Affiliate will not be entitled to referral fees occurring after the date of termination. If the obligations and responsibilities of the Affiliate have not been fulfilled, BETJOY will not pay any referral fees otherwise owed on termination. BETJOY may withhold final payment for a reasonable time to ensure that the correct amount is paid to Affiliate.

If BETJOY continues to permit activity (generation of revenue) from the Affiliate's customers after termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.

The Affiliate and BETJOY will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to obligations that by their nature are designed to survive termination, as set out in this Agreement.

Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination, and the Affiliate will return to BETJOY any confidential information, and all copies of information in your possession, custody and control.

Intellectual Property

BETJOY grants the Affiliate a non-exclusive, revocable and non-transferable licence to display BETJOY Content, for as long as the Affiliate remains an active member of the Programme, solely for the purposes of the display of the Links in accordance with the guidelines provided within the BETJOY Affiliate website or as agreed with the Affiliate Manager. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software, relating to the services provided by BETJOY, shall remain the property of BETJOY. You are not permitted to use the BETJOY content in any way that is detrimental to BETJOY or the reputation or goodwill of BETJOY. You are not permitted to alter or modify in any way the BETJOY Content without the express prior written consent of BETJOY.

The Affiliate shall not make the Affiliate Site in any way resemble the look and/or feel of the BETJOY Website(s), nor will the Affiliate create the impression that the Affiliate Site is the BETJOY Website (or any part thereof).

Disclaimer

BETJOY makes no express or implied warranties or representations with respect to the Programme, or referral fees and commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, BETJOY make no representation that the operation of the BETJOY Website(s) will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

Indemnity

The Affiliate shall defend, indemnify, and hold harmless the Indemnified Party from and against any and all liabilities, losses, penalties, damages, claims, expenses and costs, including, without limitation, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon, if applicable, and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party, resulting from, arising out of, or in any way connected with: any breach of warranty, representation, or agreement contained in this Agreement; the performance of Affiliate duties and obligations under this Agreement; Affiliate negligence; or any injury caused directly or indirectly by Affiliate negligent or intentional acts or omissions, or the unauthorized use of BETJOY banners, links or this Affiliate Programme.

Limitation of Liability

BETJOY will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Programme, even if BETJOY have been advised of the possibility of such damages. In addition, the aggregate liability arising with respect to this Agreement and the Programme will not exceed the total commission fees paid or payable to Affiliates 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. BETJOY obligations under this Agreement do not constitute personal obligations of BETJOY directors, officers, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the commission fees generated and is limited to direct damages.

Confidentiality

Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except to disclose the other party's confidential information to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's obligations under this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party's confidential information comply with this clause and any information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

No party shall use any other party's confidential information for any purpose other than to perform its obligations under this Agreement.

Law and Jurisdiction

This Agreement shall be governed by and interpreted in accordance with the laws of the Netherland Antilles. The courts of the Netherlands Antilles shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising out of the use of the Programme or services.

Non-Waiver

In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Agreement or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by BETJOY. No BETJOY employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

General

The Affiliate acknowledges and understands that BETJOY may at any time directly or indirectly solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with Affiliate website(s).

Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

BETJOY and the Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on behalf of BETJOY. The Affiliate will not make any statement, whether on the Affiliate site or otherwise, that construes the right to represent BETJOY.

This Agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.

If this Agreement is translated, the English language text shall prevail. Any other document provided in connection with this Agreement shall be in English or there shall be a properly prepared translation into English and the English translation shall prevail in the case of any conflict between them.

This Agreement was last amended on 13th of January 2017.