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Effective date: 24th November 2025

Affiliates Terms and Conditions

This Agreement is between BetRise.com, referred below, (“BetRise”, “us” or “we”) and an Affiliate, being an individual or legal entity as registered on the Affiliate Signup Form, referred below as (“Referral Company”, “Affiliate”, “you”). BetRise and Affiliate may be referred to jointly as the “Parties”.

Please carefully read this Agreement in its entirety. By registering as an affiliate with Us, you represent that you have agreed to be bound by the terms and conditions set out in this Agreement.

We reserve the right to amend this Agreement from time to time by posting a new version of the Agreement on BetRise.com website. We may or may not notify you directly about such changes, without any obligation to do so on our part. Unless otherwise stated, any changes will take effect immediately upon being posted on our site, and shall supersede any previous versions. It is your sole responsibility to check BetRise.com or brgaffiliates.com  to ensure that you are aware of the latest version of the Agreement. If an amendment to this Agreement is not acceptable to you, your sole remedy is to terminate this Agreement. Your continued participation in our affiliate program following our posting of any amended agreement on our site will constitute a binding acceptance of such amended agreement.

 

Definitions and Interpretations

“Agreement” means (i) all the Affiliates Terms and Conditions set out in this document, (ii) the General Terms and Conditions as outlined at BetRise website(s), (iii) BetRise Privacy Policy, and (iv) any other rules and/or guidelines of BetRise and/or the BetRise.com Website made known to the Affiliate from time to time

“Applicable Laws” means any applicable laws (including Data Protection Laws), orders, regulations, legal requirements (including the applicable codes, regulations, licence conditions and standards of all Gaming Authorities), and advertising codes having legal effect, in each case in force at the relevant time;

“Affiliate Sign up form” means the request which you submit to become a BetRise affiliate.

“Brand” means BetRise.

“Commissions” means Affiliate’s remuneration as agreed with BetRise.

“Customer(s)” means visitors who, never having held an Customer Account with us, join our customer database after arriving at the BetRise website via one of the Affiliate’s click-through tracking URLs, which is provided to you when you join the BetRise Affiliate programme via brgaffiliates.com. By opening an account with us, the visitors you refer to us will become our Customers and, accordingly, all of our rules, policies, and operating procedures will become applicable to them.

“Fraud” means an actual or attempted act by you or any Player which is:

    1. illegal in any applicable jurisdiction,
    2. made in bad faith, or
    3. intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us or our website any damage or harm.

     

    Fraud shall include, without limitation, collusion; abuse of bonuses or other promotions; violation of money-laundering or other laws and regulations; Spamming; false, misleading or unauthorised advertising or representations; use of stolen credit cards; unauthorised use of any intellectual property rights (including third parties’ and any of our rights with respect to our Website and Brand); and any activity which, in our reasonable opinion, is aimed or designed to artificially inflate the commission revenue due to you by us, including, without limitation, engaging in player registration and/or deposit activity using your Trackers, and using or manipulating such Trackers in any way and without approval for your own benefit or the benefit of any third party.

“New Customer” means Customers who have no prior account on Our Website, and we have no previous record of their personal email address or other details that we deem to show connection between accounts who through accessing Your Website are introduced via links to and access Our Website and subsequently (a) open an account with Our Website and (b) make a deposit and game and/or place bets with Our Website either at the time of introduction or at any time thereafter Provided that  such an account is opened within thirty (30) days of accessing Our Website through the links, with item (b) of this definition being a “Funded Sign-Up” for the purposes of this Agreement but (c) excluding the Affiliate, its employees, relatives and/or friends.

“Net Revenue” means the following:

  • in relation to sports betting, the figure resulting from the calculation of the betting revenues generated by Customers actually received by us less winnings, any credits, bonus or promotional amounts (including bonus contributions) given to New Customers, processing charges, chargebacks or any uncollectible revenue attributable to New Customers;
  • in relation to casino and games, the sum total of all Customers’ gross bets less payouts (as calculated by Our Website), any credits, bonus or promotional amounts (including bonus contributions) given to New Customers, processing charges, chargebacks or any uncollectible revenue attributable to New Customers.

“Our Website” or “Our Site” means www.BetRise.com.

“Spam” means any communication (including, without limitation, emails, phone calls, and SMS) that meet any one or more of the following criteria:

  1. unsolicited submission, usually directed at a large number of addressees;
  2. contains false or misleading statements;
  3. does not truthfully identify the source or the originating IP Address and / or the originating email address;
  4. does not contain an online and real time Remove option;
  5. bundles certain software with other software; or
  6. inserts icons or causes software download or installation or similar action without the consent of the recipient;

 

“Trademarks” means any logo, trademark, trade name, design, slogan, tagline, domain name or similar identifying material that are owned or licensed by us or by any site;

“Your Website” or “Referral Website” means the website which you state on the Affiliate Sign up Form. For the avoidance of doubt, these terms shall also refer to any traffic source you use for the purpose of acquisition on our behalf.

 

A. General

1. Following receipt of your application form (including all compliance documentation) we will consider accepting you as an affiliate. Should we decide, in our sole and absolute discretion to accept you as an affiliate, this agreement will become binding between you and us, and we will grant you the non-exclusive, revocable right to direct New Customers to the Sites, pursuant to the terms and conditions of this Agreement. We reserve the right to reject your application if for any reason it determines that Your Website or method(s) of acquisition is not suitable for the Affiliate Program.

2. Any new affiliate application includes a review of your website(s) which shall include, but not be limited to, an assessment of your application of, and compliance with, the Applicable Laws. We may, in our sole and absolute discretion, withhold approval of your application unless and until you make any such changes to your Affiliate Site(s) as may be necessary to ascertain adherence to the Applicable Laws.

3. You must provide true and complete information to us at all times; including but not limited to, your identity, contact information, payment instructions, nationality, residence, location and nature of your marketing activities, and any other information that we may request. In the event that, at any point during the term of your agreement with us, we reasonably suspect or discover that  the information provided in the Affiliate Signup Form is not true or not correct or not complete, or if the person submitting the Affiliate Signup Form is not authorised to act on behalf of the Referral Company, we reserve the right to terminate this Agreement with immediate effect and without any further liability to you or the Referral Company.

4. BetRise reserves the right, at its absolute discretion, to carry out verification checks of you and may require you to provide certain documents for verification purposes. You agree that you will, upon request, promptly provide documents for the purposes of proof of identity, proof of residence and address, proof of age as may be necessary, and any other documents which BetRise deems required for verification purposes. Such document can include but are not limited to:

  • If an Affiliate is a physical person, they may be required to provide upon request a copy of the official identification document with your photo, document proving your age and your address (such as a utility bill or a bank statement showing your name and address) or;
  • If an Affiliate is a legal entity, they may be required to provide upon request a copy of the certificate of incorporation or similar, statute or constituting documents showing shareholders and directors of the entity to establish ultimate beneficiary owners, certificate of good standing or similar, utility bill or bank statement showing the company name address.

5. You may also be subject to independent verification, such as PEP and Sanctions checks. You understand and accept that our acceptance of your application will depend on the successful completion of this process, and that you will not be able to commence any marketing activity as an Affiliate unless and until you are fully verified to our sole satisfaction.

6. In addition to the requirements outlined above, we may, at our sole discretion, request additional documentation and information as may be required from time to time. We reserve the right to withhold the payment of any Commission due to you, to withhold any compensation which may otherwise be due to you, and to suspend and/or terminate our Agreement with you as a result thereof unless and until all such requested information and documentation has been supplied to our satisfaction.

7. As part of the application process, we must also verify and approve your traffic sources and marketing methods. You must disclose any and all means that you will be using to promote our brands. If you fail to disclose any traffic source which is subsequently used to promote our brands, we reserve the right, at our sole discretion, to immediately terminate our Agreement with you.

8. For the avoidance of doubt BetRise and the Affiliate are wholly separate and independent entities with no association beyond the scope of this agreement.

9. Unless explicitly stated otherwise in any of the supplementary rules, in case of any discrepancy between the supplementary rules and the above-mentioned Affiliate Agreement, the provisions of this Affiliate Agreement shall prevail.

 

B. Affiliate Warranties and Representations

You hereby represent and warrant to us the following:

1. the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any Applicable Laws or agreement to which you are subject to;

2. you are not under the age of either 18, or the age at which gambling activities are legal under the law of the jurisdiction that applies to you, whichever is greater;

3. you are not a resident of any of the Excluded Territories;

4. you are not involved or intend to be involved in or are aware of any act or traffic that involves the Referral Website(s) and that constitutes or can be reasonably expected to constitute Fraud or illegal activity, including, without limitation, money laundering, under any Applicable Law;

5. you do not find our services to be offensive, objectionable or unfair in any way;

6. you will comply with all Applicable Laws, including Data Protection Laws, and perform your obligations under this Agreement in accordance with good industry practice;

7. the Referral Website(s), any content thereon, and any domain name or sub-domain associated with the Referral Website(s):

  1. is not aimed at children;
  2. does not contain any Prohibited Material or (other than as permitted by this Agreement);
  3. does not infringe the rights (including the Intellectual Property Rights) of any third party;
  4. does not contravene the terms of this Agreement and/or any of our guidelines in any way and;
  5. is solely owned and/or controlled by you;

 

8. you will comply at all times with any and all applicable guidelines that we may provide you with in respect of our Trademarks;

9. you will promptly cooperate with any compliance requests concerning content on the Referral Website(s) pertaining to the Brand, or which may otherwise place the Brand at a reputational, regulatory, financial, or legal risk; including without limitation the rectification, removal and replacement of content, and the cessation of any marketing activity which might, in our sole and absolute discretion, pose any risk as outlined above;

10. you have obtained and will maintain all necessary registrations, authorisations, consents and licences to enable you to fulfil your obligations under this Agreement;

11. you will not make any application to register any trade or service mark, business name, company name, domain name or sub-domain which consists of, includes or is confusingly similar to any of our Trademarks or the Trademarks of any company within our Group;

12. you will not make, and shall procure that none of your employees make, any defamatory or derogatory statements about, or take part in any activities which are or might reasonably be perceived to be derogatory of or detrimental to our reputation or the reputation of any of our Group Companies or our Website or Brand;

13. you will not intercept, redirect or otherwise interfere with traffic from the website of any other BetRise affiliate;

14. all information you submit to us in all communications is complete and accurate; and

15. you understand that we may at any time (directly or indirectly) solicit player referrals on terms that may differ from those contained in this Agreement or operate or contract with sites that are similar to or compete with your Referral Website(s).

 

C. Rights and Obligations of the Affiliate

1. Subject to the terms of this Agreement, you shall carry out marketing, advertising and promotion of our Website and refer prospective Customers via the Referral Website(s) or other traffic sources we may approve.

2. Throughout the Term, you shall prominently incorporate and continually display the most up to date Affiliate Assets provided to you by us on all pages of the Referral Website(s) or traffic sources in a manner and location agreed by us, and you shall not alter the form, location or operation of the Affiliate Assets without our prior consent.

3. You shall only use our approved advertising creatives (banners, html mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those we make available to you from time to time. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorised and permitted representation of our sites. In particular you are not permitted to create a direct link to the promotional materials on our website.

4. Under this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to our Website in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we  reserve the right to contract with, and obtain the assistance of, others at any time to perform services of the same or similar nature as yours. You shall have no claim to the Referral Commission or other compensation on business secured by or through persons or entities other than you.

5. All Affiliates are required to refer a minimum of fifteen (15) active customers within any given three-month period. Should you fail to reach this requirement, your partner account will be considered “inactive” and may be closed at our discretion.  Notwithstanding the foregoing, we may, at any time and at our own discretion, limit such number of new Customers as we deem suitable for our business.

6. You will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes us damage. You will act at all times to refrain from, immediately stop and not allow any act or traffic that involves Fraud or that you believe or should reasonably believe to potentially involve Fraud, or any act or traffic that we inform you is suspected by us, in our discretion, to involve or potentially involve Fraud. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe such traffic is being sent to our Sites by you.

7. BetRise reserves the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any of BetRise offers or promotions, whether with or without your knowledge. Such situations include, but are not limited to, different customers betting both sides of an event or market so as to limit risk and claim bonuses.

8. It is your sole responsibility to provide BetRise acceptable and precise Commission payment details as required at the registration.

9. You shall not open more than one affiliate account without our prior written consent nor will you earn commission on your own or related person’s BetRise.com sports, casino, poker, games or bingo account. The programme is intended for professional website publishers.

10. You will be solely liable for the development, operation, presentation and maintenance of your Referral Site(s) and any content published thereon, as well as any marketing and promotional activities that you carry out on your Referral Site(s) or other promotional channels belonging to you, or that otherwise emanate from you. You must ensure that your Referral Site(s) and any marketing and promotional activities that you carry out be at all times conducted in a professional and lawful manner, pursuant to the terms and conditions of this Agreement, any marketing guidelines we may make available to you, and in accordance with all Applicable Laws. You will be solely liable to ensure that all the content of the Referral Site(s) is original or otherwise permitted to be published by the owner thereof. We disclaim all liability for these matters. Furthermore, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.

11. You shall create and maintain unique links from the Referral Site site(s) and/or traffic sources to BetRise websites. You may link to us with any of our banners, e-mails, articles or with a text link.

12. Where you wish to place marketing tools on websites and media channels other than the Referral Website(s) as specified at the point of registration on the registration Form, you shall first obtain our prior written consent.

13. You further agree that, at no point during the term of your agreement with us, will you engage in any of the following conduct:

  1. use or cause Spamming;
  2. feature content that is libellous, obscene, sexually explicit, violent or otherwise illegal on your Affiliate site(s) or cause any of our Promotional Content to be shown or disseminated in conjunction with content of such nature or in a manner that may reasonably be construed as having any connection whatsoever to such content.
  3. engage in any act that disparages us or our Brand or our Website, or that otherwise is damaging or is reasonably expected to be damaging to our goodwill or to the goodwill of our Brand, our Website, or any of our Intellectual Property;
  4. make any statement or feature any content that misrepresents our Website and any products and/or services offered thereon, including without limitation any false, inaccurate, outdated or unsubstantiated content;
  5. present yourself in any way as being anything other than an affiliate of ours, including, without limitation, using our brand names to publish and/or submit marketing content, create unauthorised accounts, websites, or webpages on our behalf (including on social media), and send emails with our brand name in the sender field and not in your own name. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations;
  6. purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of BetRise’s trademarks, or otherwise include the word “BetRise” or variations thereof or include metatags on your Referral Website(s) which are identical or similar to any of BetRise’s trademarks;
  7. in any way alter, affect, or interfere with the operation or accessibility of our Website or any page thereon;
  8. engage in any act which causes your Referral Website(s) or any other site to copy any material including but not limited to content, graphic, design or any part thereof or resemble the look and feel of any of our Website, or attempt to pass as our Website or otherwise confuse visitors to your Referral Website(s) or recipients/viewers of your advertising material in connection therewith;
  9. communicate, engage or become involved with our Website in any way, without our prior written consent; and
  10. contravene (knowingly or otherwise) any marketing guidelines we may make available to you from time to time.

14. Neither yourself nor your employees, representatives, agents, friends or relatives are eligible to become New Customers, and you shall not be entitled to any share of Net revenue or any Fees (or any other remuneration from BetRise.com) in relation to such individuals. Relatives in this context shall include (without limitation) the Affiliate’s spouse, partner, parent, child or sibling.

15. The use of Brand names, or any variation of these names, or any use of any words that are confusingly similar, in Affiliate Links is prohibited. You may not present our brand names in a derivative URL or subdomain without a clear separation. For example:
www.Yoursite.com/Betrise.– ALLOWED
Betrise.Yoursite.com – NOT ALLOWED
http://www.YoursiteBetrise.com/ – NOT ALLOWED

16. You shall not engage in any cybersquatting, Typosquatting, False Association, Traffic Interception, Search Engine Marketing Abuse, PPC Abuse (Pay-Per-Click) are strictly prohibited.

  • Cybersquatting – The practice of abusing trademarks within the domain name system. Brand names—spelled correctly or, in a practice known as typosquatting, spelled incorrectly—are used within a domain name, enabling the squatter to divert web traffic meant for a legitimate site to an illicit site which may sell counterfeit goods, utilize pay-per-click abuse, host adult content, or conduct other illicit activity.
  • Typosquatting – Using brand names spelled incorrectly within a domain name, which enables the squatter to divert traffic meant for a legitimate site to an illicit site which may sell counterfeit goods, utilize pay-per-click abuse, host adult content, or conduct other illicit activity.
  • False Association – The practice of using a specified brand or trademark in web content to imply a relationship with a company or brand where none exists.
  • Traffic Interception – Hijacking a brand to drive web traffic to a competitive or illicit site in order to generate revenue at the expense of the rightful brand owner.
  • Search Engine Marketing Abuse – Occurs when unauthorized parties use a brand as a keyword in search marketing, triggering ads that divert traffic to sites promoting unrelated, counterfeit or competitive brands.
  • PPC Abuse (Pay-Per-Click) – Paid placement advertising appearing on web pages. Abuse occurs when a scammer sets up a website to host paid search ads, often leveraging a well-known brand name in the domain name and has loosely-related ads served to its site.

 

17. You shall promptly provide such information to us as we may reasonably require in order to satisfy any information reporting, disclosure and other related obligations to any Regulatory Authority or other competent body from time to time. You shall cooperate with requests, inquiries, investigations and the like of any Regulatory Authority or other competent body in connection with the performance of this Agreement, including the disclosure of information to any Regulatory Authority or other competent body that would otherwise be considered confidential. For the avoidance of doubt, this includes, without limitation, documentation that can identify you (either as a corporate body or an individual).

18. Insofar as you carry out activities pursuant to this Agreement on our behalf and such activities are subject to any regulatory approval issued to us (or any of our Group Companies) from time to time, you shall conduct yourself as if you are bound by the relevant conditions and the relevant codes of practice to which we (or any of our Group Companies) are subject pursuant to such regulatory approval.

19. No payments or undue financial or other advantage of any kind shall be made by you (or any person employed or engaged by you), directly or indirectly, to any entity, government, corporation or other person for the purpose of improperly influencing the consideration of applications for a business activity or the receipt of any other benefits, including the obtaining or retaining of business.

 

D. Data Compliance obligations

1. For the purposes of this agreement, the terms “controller”, “data subject”, “personal data”, “process” (and its cognate terms) and “processor” shall have the meaning given to them in the GDPR. However, you shall be required to follow any domestic legislation governing the use of third-party personal data applicable to your country of residence and/or incorporation, and the term “applicable Personal Data Legislation” throughout this section shall be construed accordingly.

2. You acknowledge and agree that you are a controller in respect of:

  1. Potential Referral Personal Data; and
  2. New Customer Personal Data, only to the extent that such New Customer was originally a Potential Referral converted into a New Customer directly by you (Potential Referral Personal Data and New Customer Personal Data to which you are a controller shall be referred to herein as “Affiliate Personal Data”). You acknowledge and agree that we shall be the controller in respect of New Customer Personal Data to the extent that it relates to providing services to New Customers and any marketing undertaking directly by us or our appointed third parties.

 

3. In the event of duplication of data subjects’ personal data between Affiliate Personal Data and Customer Personal Data, we both acknowledge and agree that we shall be acting as controllers in common and not joint controllers in respect of the independent processing of such data subjects’ personal data. Furthermore, you acknowledge and agree that any direct marketing that you send out to Affiliate Personal Data pursuant to this Agreement and the consents related to the same shall be independent of, and governed separately from, any marketing consents that we may have in respect of Players and our own marketing of our own services.

4. You shall at all times comply with any applicable Data Protection Legislation, including, without limitation, ensuring that Affiliate Personal Data:

  1. is collected fairly, lawfully and transparently;
  2. is processed in accordance with a lawful condition as set out in the GDPR or applicable data protection legislation; and
  3. is protected from loss, theft, accidental destruction or unauthorised access by implementing appropriate technical and organisational measures in respect of such personal data.

 

5. You warrant and represent that:

  1. all direct marketing sent to Affiliate Personal Data shall only be done so where such individuals have given valid consent to receive such marketing communication as required by applicable Data Protection Legislation. Valid consent shall include data subjects’ opt-in to such marketing and data subjects being informed that they shall receive marketing relating to our Sites (identified either specifically or, at the least, by its industry);
  2. all direct marketing sent to Affiliate Personal Data shall include an opportunity for such persons to opt-out of all future direct marketing; and
  3. you shall not send direct marketing to any Affiliate Personal Data who have not provided valid consent to receive such marketing or who have unsubscribed to direct marketing.

 

6. You shall notify us immediately in the event that you breach (or suspect that you have breached) any of the warranties in this section.

7. Without prejudice to the warranties given in this section, you shall not send any direct marketing to any Affiliate Personal Data where you have received instructions from us not to send direct marketing. You shall comply with any instruction to not send direct marketing as soon as practicable and, in any event, within no less than 48 hours from receipt of the instruction.

8. You shall notify us immediately in the event that any Affiliate Personal Data makes a complaint to you, or where any competent data protection regulator contacts you, in respect of direct marketing or your processing of such personal data.

9. You shall, within five (5) days upon request by us, provide a copy of all Affiliate Personal Data for the sole purpose of us identifying and removing any individuals from such Affiliate Personal Data that we (acting reasonably and in good faith) do not consider it appropriate to contact (whether in respect of direct marketing and otherwise). You shall not contact such individuals notified to you by us.

10. We may, from time to time, request that you provide evidence of your compliance with this section, and you shall provide such evidence within five (5) working days of receipt of such request. Failure to abide by this obligation may lead to suspension and/or termination of our affiliate relationship with you.

11. You shall ensure that all processors acting on your behalf pursuant to this Agreement are bound by contractual terms no less onerous than the standards prescribed by applicable Data Protection Legislation.

12. You shall provide us with all such assistance as necessary in respect of data breaches, claims and requests for information made against us in respect of any communications sent by you pursuant to this Agreement, in particular, any investigations made by a competent data protection regulator.

13. You shall ensure that any communications sent by you or any of your processors are duly tagged to allow tracking in the event that they are forwarded to us as part of a complaint.

 

E. Rights and Obligations of BetRise

1. BetRise will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements that may be periodically established.

2. BetRise will track your Customers’ bets and gaming activity making available to you a report summarising their activities, which you can access from BetRise affiliate platform website.

3. BetRise shall supply you the Affiliate with the Marketing tools for inclusion on the ReferralAffiliate Website(s) and may update such Marketing tools from time to time.

4. BetRise will pay you the Affiliate Referral Commission as outlined below.

 

F. Commission Calculation and Payouts

1. Net Revenue Share Commission Structure for all products (Sportsbook, Casino).

2. Net Revenue is defined as:

  • For Sportsbook, all gross monies received by us in respect of all settled bets made by Customers after deducting; monies paid out to Customers as winnings; monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof); bad debts; fraud; returned stakes; charge-backs; bad debts and; fraud; any related bonus cost; any related payment costs.
  • For Casino, the value of opening balance with the addition of funds transferred in less funds transferred out; closing balance; credits made to users licensing fees; charge-backs; bad debts and; fraud; any related bonus cost; any related payment costs.

 

3. The Commission from each product for any calendar month will be calculated separately and the total amount of all commissions will be paid to the affiliate.

4. Affiliates shall be paid monthly, in arrears, provided they reach the minimum commission levels. Any Affiliates who have not reached the minimum requirements, will have this amount carried forward until such time that their commission has reached the minimum. All fees will be paid within thirty (30) days following the end of the calendar month to which they relate. The minimum amount for commissions to be paid is €100 (or the currency equivalent).

5. All Referral Commission Payments will be paid in the currency which was selected when your Affiliate Account was first set up. Where currency conversion is required, all amounts are converted at the time of payment by our bank.

6. Referral Commissions arising from Customer Accounts that are held in currencies other than the affiliate’s home currency will be converted at the mid-point which applied at the time the Referral Commission was earned.

7. In the event of the Net Revenue in respect of any calendar month (or part thereof) could be zero or a negative figure, such figure could be carried forward to any following calendar month (or part thereof) until offset.

8. We may withdraw any commission payment method at any time by giving a notice to you. You may request to change your commission payment method no more than once every calendar month, which may be accepted or rejected by us in our absolute discretion.

G. Intellectual Property

1. The Company grants you a non-exclusive worldwide licence revocable by BetRise at will to display the BetRise’s brand during the Term solely for the purposes of the display of Links by you on the Referral Website(s) as set out in this Agreement and in accordance with BetRise’s guidelines as may be provided to you from time to time.

2. All Intellectual Property Rights and any goodwill in, under, arising out of, or in connection with Links and in all products, associated systems and software relating to the services provided by BetRise.com to its customers from time to time shall remain the sole and unencumbered property of BetRise.com.

3. You are not permitted to use the BetRise brand in any way that is or may be detrimental to BetRise or the reputation or goodwill of BetRise. You are not permitted to alter or modify in any way the BetRise.com brand without the express prior written consent of BetRise. We hereby grant you a non-exclusive, revocable, non-transferable sublicense, for the term of this Agreement, to use any Trademarks solely for the display of the Text Links and Banners on the Referral Site(s).

4. This sublicense cannot be sublicensed, assigned or otherwise transferred by you, unless approved in writing by us. Your right to use the Trademarks is limited to and arises only out of the sublicense herein granted.

5. We have the right to terminate this sublicense at any time by written notice to you. This sublicense will be terminated automatically upon the termination of this Agreement for any reason.

6. All Intellectual Property Rights and any goodwill in, under, arising out of, or in connection with Links and in all products, associated systems and software relating to the services provided by BetRise. to its customers from time to time shall remain the sole and unencumbered property of BetRise.

7. You shall not assert the invalidity or unenforceability, or otherwise contest the ownership of the Trademarks, in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or any of the Sites’ or Brands’ rights (as an owner or licensee) in or to the Trademarks, or the right of any owner thereof, or render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

8. You shall not register or attempt to register any logo, trade mark, trade name, design, domain name or similar identifying material that contain, are confusingly similar to, or are comprised of, any Trademarks.

 

H. Confidentiality

1. During the term of this Agreement, we may disclose to you or you might otherwise obtain certain information which is either marked as, or by its nature is, confidential and proprietary to us, including, without limitation, business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities, technology applications and personal data belonging or pertaining to us and any Group Company (herein referred to as “Confidential Information”). Confidential Information shall not include any information that is generally known or available to the public through any source other than either Party to this Agreement.

2. During the term of this Agreement, you agree not to disclose or use any of the Confidential Information without our prior written authorisation. Furthermore, you shall keep all such Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purposes necessary to further your commitments and honour your obligations under this Agreement. You shall only use Confidential Information pertaining to us in fulfilling any of your obligations under this Agreement, and shall refrain from using any Confidential Information pertaining to third parties in such fulfilment.

3. The provisions of this Section H shall survive the termination of this Agreement and continue to apply and be binding on the Parties indefinitely.

 

I. Term and Termination

1. Term and Termination. This Agreement will take effect when you (or your Sub-Affiliates) complete the Affiliate Sign-up Form, and will continue until terminated by either Party.

2. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party 7 days’ written notice of termination, where such notice may be served via email: info@brgaffiliates.com.

3. If you in any way breach any of your obligations to us regarding the provision to us of Active customers, to be determined in each case by us, acting reasonably, then we shall be entitled to warn you that we are placing this Agreement under assessment with a review to potential closure of your account.

4. If you in any way breach any of your other obligations to us, to be determined in each case by us, acting reasonably, then we shall be entitled to withhold any payment that would otherwise have been due to you under this clause. Additional breaches of any of your other obligations to us under this agreement may also lead to the closure of your account, each case to be determined by us, acting reasonably.

5. We may terminate this Agreement if we determine (in our sole discretion) that:

  1. you are using the services for your own betting activity without referring customers as per the agreed conditions;
  2. you are in breach of any applicable law, regulation, code of practice, or other legal or regulatory obligation whatsoever;
  3. you are in breach of any other term of this Agreement (including any additional guidelines that we may make available to you from time to time);you have accumulated a large number and/or amount of chargeback at any given time.

 

6. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid and all chargebacks and other applicable deductions have been accounted for.

7. Immediately following the termination of this Agreement for any reason, you must remove all of our Text Links and Banners from the Affiliate Site, as well as any other marks, names, symbols, logos, designs or any other material, graphics and content owned, developed, licensed or created by us and/or provided to you by us in connection with this Agreement. You must also disable any links from the Affiliate Site to any Site, and stop any activity relating to Promotional Content. All rights and licenses given to you in this Agreement shall immediately terminate. If you have failed to fulfil your obligations and responsibilities, we will not pay you the Revenue Commission otherwise owing to you on termination or thereafter, if applicable. You will provide us with written confirmation that you have complied with this clause 9.3 within forty-eight (48) hours of our notice to you to terminate.

8. Following the termination of this Agreement and, subject to the terms of this Agreement, our payment to you of all commissions due at such time of termination, we shall have no obligation to make any further payments of commissions to you. If the affiliate is found to practice any of the mentioned in Rights and Obligations of the Affiliate, BetRise reserves the right to close the affiliate account with immediate effect at its own discretion.

9. Any continued access and use by Players of any of the Sites following the termination of this Agreement, if any, shall not constitute continuation or renewal of this Agreement or a waiver of its termination.

 

J. Liabilities and Warranties

1. Except as expressly set forth in this Agreement, we make no express or implied warranties or representations with respect to any arrangements contemplated by this agreement, including without limitation with regard to the availability, functionality, fitness for a particular purpose, suitability, merchantability, legality or non-infringement of our Website, products and services, as well as any affiliate platform(s) and affiliate tools and other elements of our Affiliate Program. In addition, we make no representation that the operation of our Website will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors. Save as expressly provided in this Agreement, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.

2. Our obligations under this Agreement do not constitute personal obligations on part of  the directors, officers, employees or shareholders of any of our Group Companies.

3. Any liability to you arising from this Agreement is limited to direct damages only. We will not be liable for indirect, special, or consequential damage or loss of any kind, including without limitation loss of business, profits, revenue, contracts or anticipated savings, or arising from loss, damage or corruption of any data, even if we have been advised of the possibility of such damages or losses.

4. In any event and under any circumstances, our aggregate and total liability arising with respect to this Agreement will not exceed the total payments made to you under this Agreement over the twelve (12) months preceding the event giving rise to the liability.

5. Nothing in this Agreement shall exclude or limit either party ́s liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury resulting from its negligence or the negligence of its employees or agents; or (iii) any other matter which cannot be excluded or limited by Applicable Laws.

6. You will defend, indemnify, and hold us and our Group Companies, and our directors, officers, employees, representatives, agents and the legal entity that holds our licence(s) as required by any Regulatory Authority (and the directors, officers, employees, representatives and agents of the aforementioned) (together the “Indemnified Parties”), harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, suffered by or incurred, directly or indirectly, by the Indemnified Parties resulting from, arising out of, or in any way connected with:

  1. any breach by you of any warranty, representation or undertaking in this Agreement;
  2. the performance of your duties and obligations under this Agreement;
  3. any claim or demand relating to the development, operation, maintenance, or contents of the Referral Site(s);
  4. any breach by you of Sections B, C, and D
  5. any act or omission by you that causes any Indemnified Party to be in breach of Applicable Law or the terms of any regulatory approval; and/or
  6. your failure (or the failure of your employees, agents’ subcontractors or processors) to comply with any of its obligations under Section D or any failure to comply with Data Protection Legislation.

 

You shall, if requested by us, give full co-operation (at your cost) to us or any other Indemnified Party in any action, claim or proceedings in respect of which you indemnify us and the Indemnified Parties pursuant to this Section G.

 

K. Independent Investigation

1. You acknowledge that you have read this agreement and agree to all its terms and conditions.

2. You understand that gambling laws may vary from city to city, state to state and country to country. You have independently evaluated the laws in your locale which apply to your activities and believe that you may participate in our affiliate program without violating any applicable rules or laws.

 

L. Miscellaneous

1. Independent Parties – We and you are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers, representations or obligations on our behalf. You will not make any statement, whether on the Referral Site(s) or otherwise, that could be reasonably construed to contradict the foregoing.

2. Entire agreement – In case of conflict between this Agreement and other agreements, oral or written, with respect to the matter contemplated hereunder, between BetRise and the Referral Company, this Agreement shall prevail.

3. Notices – All notices pertaining to this Agreement will be given by email as follows: to us at info@brgaffiliates.com and, to you at address provided on the Affiliate Sign up Form.

4. Assignment – The Referral Company may not assign or transfer this Agreement, in whole or in part, without BetRise’s prior written consent. The Company may wholly or partly assign its rights and obligations under this Agreement to any BetRise company or other company held by the ultimate majority shareholders in BetRise.

5. Severability/Waiver – Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law 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.

6. Force majeure – Notwithstanding any other provisions specified herein, either Party shall be entitled to suspend performance of its obligations under the Agreement in the occurrence of an event beyond the reasonable control of the Party affected, impeding performance or making performance unreasonably onerous, (”Force majeure”) including, but not limited to local and general industrial disputes, fire, war (whether declared or not), armed conflict, terrorist activity, extensive military mobilisation, insurrection, requisition, seizure, embargo, governmental action, export and import restrictions, restrictions in the use of power and delays or defects in deliveries by subcontractors caused by such circumstances referred to in this clause. The Party claiming to be affected by Force Majeure shall,  without undue delay after the occurrence thereof notify the other Party in writing thereof.

7. Handling of negative publicity – Upon notice of any negative publicity concerning the Referral Company, or the Referral Company’s owner(s), which BetRise’s management believes can damage the reputation or goodwill of the Company, BetRise and its brands or any associated Trademarks, We reserve the right to terminate the Agreement immediately.

8. Temporary disruptions due to hardware failure – The Parties acknowledge that from time to time, as a result of hardware failure, supplier failures, or the like, the services provided under this Agreement by the Parties can be temporarily disrupted. The Referral Company acknowledges and agrees that neither BetRise or any of its members, shareholders, directors, officers, employees or representatives will be liable to the Referral Company for any special, indirect, consequential, punitive or exemplary damages, or damages for loss of profits or savings, in connection with these temporary disruptions.

9. Applicable law – This Agreement shall be governed by and construed in accordance with the laws of Costa Rica.

10. Dispute resolution. The Parties shall amicably attempt to solve any dispute relating to this Agreement through negotiations between high-level executives of the Parties.