1. Introduction

This document contains the Terms and Conditions between BetShah Affiliates and/or any of its agents/subsidiaries and you regarding your application to join our Affiliate Program through the creation of hyperlinks or other promotional links (e.g., banners) on your web pages and promotional emails (subject to our approval) to BetShah pages.

1.1 Definitions

In this affiliate agreement, the following terms shall bear the following meanings:

• Affiliate: a natural person or legal entity that may or may not be associated with another as a parent, subordinate, subsidiary, or member who has registered and approved by the Company as an Affiliate of the Affiliate Program in terms of this Agreement;
• Affiliate Program: the collaboration between the Company and the Affiliate whereby the Affiliate will promote the Company’s website(s) and/or its sub-domains and create affiliate links from the Affiliate’s website(s) to the Company’s website(s) and thereby qualify for and receive Commission as defined under this Agreement depending on the traffic generated to the website(s) subject to the terms and conditions under this Agreement and applicable laws;
• Affiliate Managers: employee(s) of or any appointed person(s) by the Company authorized to manage the business relationship between the Company and the Affiliate;
• Agreement: the current terms and conditions, including the online registration/application form and all appendices and annexures incorporated therein by reference, including all future updates and additions thereto;
• Bonus: the total value of free credits, including but not limited to bonus money, free bets, and free spins, given to a referred Player by the Company;
• Charge Back: the total value of deposits made by a referred Player, which said Player has decided to challenge and revert to his/her bank, that will be considered as void transactions, as well as the corresponding fees payable by the Company;
• CPA Deal: Cost Per Acquisition deal, whereby the Company pays the Affiliate a predetermined amount for each referred Player and said Player deposits at least an agreed amount (baseline) unless otherwise agreed between the Parties;
• Commission: any reimbursement payable to the Affiliate as defined in this Agreement;
• Confidential Information: (i) any information of whatever nature, which has been or may be obtained by the Affiliate from BetShah and or its licensors, relating to the Company’s business, whether in writing or in electronic form or pursuant to discussions between the Company and the Affiliate, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formula, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, Player lists, price lists, studies, findings, computer software, inventions or ideas; or (ii) analyses concepts, compilations, studies and other material prepared by or in possession or control of the Affiliate which contain or otherwise reflect or are generated from any such information relating to the Company’s business as is specified in this definition and includes any dispute between the Affiliate and the Company resulting from this Agreement;
• Copyright: any existing and future copyright incorporated in the Company’s website(s);
• Fraudulent Activity: all activities, in the sole opinion of the Company, deliberately practiced by a Player or an Affiliate to secure an actual or potential, unfair or unlawful gain, including but not limited to: (i) Chargebacks, (ii) Bonus abuse by a referred Player or a group of referred Players, (iii) the Affiliate’s (or a third party’s) encouragement of a referred Player to abuse the Company’s Bonus offers, (iv) collusion on the part of the referred Player with any other referred Player, (v) the Affiliate’s (or a third party’s) offering or providing unauthorized incentives (financial or otherwise) to Players to encourage them to sign up, or (vi) dropping or stuffing cookies;
• Marketing Guidelines: the Company’s Marketing Guidelines, which become available to all Affiliates after successful registration and approval, to which the Affiliate shall adhere;
• Marketing Materials: various forms of branded, creative materials, including but not limited to: online banners, HTML and text mailers, promotional materials, and other online and offline marketing tools which the Company may provide to the Affiliate;
• Notice: any written document or message;
• Parties: the Company and the Affiliate;
• Player: a person that the Affiliate directs in any manner to the Company and who is associated with the respective Affiliate’s Affiliate ID, and who registers as an end-customer to the Company website(s);
• Spam: any electronic message transmitted to multiple commercial recipients from or through a computer, where the said message is sent without explicit and proven consent on the part of the recipients;
• Term: the term of this Agreement, commencing at the time of activation of the Affiliate’s account (approval date) and remaining in full force and effect until the Affiliate’s account is terminated per this Agreement (Termination Date);
• Written/Writing: email or messages on Skype, MSN, Slack, Gmail, or similar communication tools and channels.

1.2 Registration tracking

We will associate registered Players with your Affiliate account through the technical means described below and keep full records of Player activity. We reserve the right to refuse Players or close their accounts if we need to comply with our own terms and conditions or certain regulatory requirements.

• Tracking link: Your Players are the visitors of our website who register as a result of clicking on one of your tracking links, which will be available to you through our Affiliate Site once your registration has been approved. By opening a player account with us, they will become our customers; therefore, all rules, policies, and operating procedures will apply to them.
• Affiliate/promo code: You may take advantage of promo codes unique to your affiliate account. If a visitor of our website enters your unique promo code during registration, they will be associated with your affiliate account.

If a player clicks on a tracking link but then uses a special affiliate/promo code, the code takes precedence over the tracking link.

1.3 Activity tracking

We will track the bets and results of your Players and provide you with a report summarising their activity via our affiliate panel.

1.4 Payment of Referral Commission

We will pay you a Referral Commission on the net profit (as defined below) generated by your Players who have carried out qualifying real money activity on BetShah.com. 

All our affiliates – natural persons and legal entities, must be identified by our relevant department through means of submitting official documentation. If an affiliate refuses the identification process for any reason, it is our discretion to close the affiliate account and retain any commissions.

1.5 Modification of terms

We may modify any of the Terms and Conditions contained in this Agreement or replace them at any time, and it is at our sole discretion to place a change notice or a new Agreement on our website, which we will notify you of at the email address provided during registration for the Affiliate Program. If a modification is not acceptable to you, you may terminate this Agreement after notifying us by email (at [email protected]). Your continued participation in the referral program after we place a change notice or a new Agreement on our website will constitute binding acceptance of the modification or said new Agreement.

1.6 Application to join the Affiliate Program

To become a member of our affiliate program, you must accept these terms and conditions by checking the box indicating your acceptance when completing our affiliate registration form. It will be at our discretion to determine whether or not to accept your application, our decision will be final, and you will not be able to appeal. We will notify you by email if your application is successful.

2. Rights and Obligations

2.1 Links to our Sites

By agreeing to participate in the Affiliate Program of BetShah.com, you agree to create and maintain unique links from your website to our websites. You may link to our website through banners, text links, and fixed visuals that contain a unique tracking link that we will provide to you via the affiliate platform.

2.2 Minimum Conditions of Incorporation

• To be eligible for a commission, your links must be displayed (with banners and text links) in prominent places on your website (including the home page of your site). At least 10 active members (who have performed real money gaming activity in the last calendar month) need to register through your website. If any of these requirements are not met then you are not entitled to a monthly commission and we reserve the right to close your account.
• Our company reserves the right to delete (upon notification) an affiliate/affiliate account if within 3 months they have not referred 5 new active players. You may refer to  clause 5.1 for any applicable compensations.
• If after an audit it is found that an affiliate has attempted to create duplicate registrations or registrations that are simply depositing/withdrawing to achieve the goal of 10 minimum active registrations each month, then the account will be deleted and will not be entitled to any commission.
• We reserve the right not to pay a commission to an affiliate if fraud is suspected (2.2.c) and if we determine that the active accounts are not identified following the terms and conditions governing BetShah player activity.
• We reserve the right to refuse to pay a commission if our company deems that the way of attracting new registrations is not appropriate (through unacceptable content, ungoverned financial support, encouragement, etc.)
• Default commission plan is a revenue share plan set at 30% of player losses, as calculated in article 3.1. Tailor-made deals like CPA or Hybrid are possible upon request.
• It is forbidden for an affiliate’s own “player” account to be linked to and receive commission from his affiliate account. Affiliates are allowed to play on our sites as players but are prohibited from receiving commission through their affiliate accounts.
• We reserve the right to deny access to an Affiliate in certain circumstances at our sole discretion.
• If our company determines, in its sole discretion, that the Affiliate has engaged in the sending of bulk unsolicited emails or otherwise advertises our services in an unauthorised manner, our company may (without limiting any other rights or legal remedies that may be available) withhold any commission otherwise payable to the Affiliate under this contractual relationship and/or terminate the contractual relationship with immediate effect upon notice at any time during the term of this agreement.
• You are entitled to commission for as long as you advertise our products (subject to clause 2.2. a). If for any reason your promotion is interrupted or limited, we automatically have the right to close your account (for compensation, the same applies as stated in clause 5.1)
• You are entitled to a commission if you advertise our banners, marketing materials, and/or tracking links on your site in prominent places. In case it is found that you do not provide the maximum possible advertising/viewing, we are entitled without any other excuse to close your account with all the consequences (loss of revenue and  players). Clause 5.1 applies here as well

2.3.1 Approved creative & promotional material

You will only use our Affiliate site’s creatives (banners, html messages, articles, images and icons). You will not have the right to change their appearance or interfere with them without our written permission. The appearance and syntax of the tracking links and marketing materials are designed by us and are the only approved and licensed representation of our websites.

2.3.2 Contact & Curacao Gaming Authority

BetShah complies with the Curacao Gaming Authority requirements. All Affiliates are required to comply with the Authority’s instructions and dictates as members of the Affiliate Program. In particular, all verbal references, as well as promotion through creative, must be entirely consistent with the Authority’s suggestions. The Affiliate should harmonise BetShah’’s promotion following the instructions as mentioned above.

3. Affiliate commission calculation

3.1 The affiliate commission

This is based on the net profit of the clients you refer. The net profit is defined as:

All real money bets accepted from players after deduction of:

• real money paid to customers as winnings;
• uncollected debts;
• funds accumulated as a result of fraudulent activities (collusion, etc.);
• bets returned;
• transactions reversed on the instructions of the cardholder’s bank (usually referred to as chargebacks);
• void bets;
• successfully released/wagered bonuses (including free bets, free spins, etc.).

We reserve the right to change the commission rate and the method of calculating the recommendation commission if necessary without any justification or prior notice.

3.2 Calculations of payable commission

Affiliates are entitled to monthly payments of their positive balances, resulting from accumulated commissions, as described in article 3.1 and in accordance with the rules of section 4. In the event of a negative commission resulting from an Affiliate’s player pool generating a profit, the negative result will be transferred over to the following month (negative carry-over).

4. Affiliate commission payments

Your account must have at least 5 active registered Customers to be eligible for a Recommendation Commission payment (payment is completed by the 30th of the following month), provided you have fulfilled the above customer requirements at the end of the previous month.

Our Affiliate commissions are credited to an indicated bank account or e-wallet account belonging to the Affiliate or their Company, as reflected in the monthly invoice (Invoice) each Affiliate must issue. No payment will be made without sending the required invoice with all necessary details completed.

If a Partner has a company, then he/she must fill in the registration form and in his/her tab: company details (name, address), VAT / VAT, Telephone, Address, Bank account (IBAN, Beneficiary, Bank, Swift, etc.). At the beginning of the month, you should send an invoice to [email protected] with all the above details, commission amount, and the reason “Affiliates Commission – September 2022 (example)”

The minimum commission deposit amount is 100 euros. If it is less than this amount, the amount is carried over to the next month until it reaches 100 euros (positive carry over)

An active customer of an affiliate/partner is defined as a visitor to your website who clicked on BetShah via the transfer link, registered as a customer, deposited funds into the customer account, and carried out the betting activity.

5. Duration, Termination, Consequences, and Inappropriate Websites

5.1 Duration and Expiry

The Agreement Term between us will commence when you complete the registration process and create a unique link to our Site(s). The agreement shall remain in force indefinitely unless either party notifies the other in writing that it wishes to terminate the Agreement, in which case the Agreement will cease immediately. Termination will be at will, with or without cause, by either party. For notice of termination, delivery by electronic mail shall be considered a written and acceptable method of notification.

Upon termination, you will be entitled to a commission for the remainder of the month. You are not allowed to carry over since, not to receive it, you have not complied with the minimum conditions for taking commissions.

Our company has the right to terminate an affiliate partnership or modify its terms by changing the rates (increase/decrease) or converting it to a flat fee (with related terms) if it considers that there are reasons to protect its interests. Once the partner has been informed of any change in the cooperation, the partner has no choice but to comply with it.

5.2 Consequences

Upon termination, you must remove all banners/icons from your website and disable all links from your website to ours. All rights and licences granted to you under this Agreement will terminate immediately. You will return all confidential information and all copies thereof in your possession, custody, and control and cease all uses of our Marks.

5.3 Inappropriate websites

We may terminate this Agreement if we determine (in our sole discretion) that your website is inappropriate. Inappropriate websites include, but are not limited to, those that target children; display pornography or other illegal sexual acts; promote violence; promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; promote illegal activities, or infringe intellectual property rights.

5.3.1 Odds comparison websites

BetShah may not be displayed on odds comparison websites (such as oddschecker.com) without our approval. An affiliate who opens an affiliate account and “uploads” banners, links or other marketing materials on such websites (without permission) is not entitled to any commission from our company.

5.4 Duplicate Accounts

You will not open more than one affiliate account without our prior written consent, nor will you earn a commission from your own or a relative’s player account. The program is targeted at professional publishers/website owners.

6. Continuous Promotion

You will prominently and continuously incorporate and display the latest links and/or creatives we provided on all pages in a manner and location agreed with us. You will not change the form, location of the links and/or creatives without our prior written consent. You are entitled to referral commissions based on the ongoing promotion of BetShah products. We reserve the right to reduce your Referral Commission rates if you reduce your efforts to attract customers. Reduction or suspension of our website promotion may be deemed a disposition to terminate this agreement between us.

7. Relationships of Parties

Nothing in this agreement creates a partnership, joint venture, agency, privilege or employment relationship between us. You will not have the authority to make or accept any offers or representations on our behalf. You will not make any statement, on your website or elsewhere, that contradicts anything in this agreement.

8. Miscellaneous

8.1 Law

The laws of Curacao will govern this Agreement and you agree to submit to the jurisdiction of its courts. 

8.2 Assignment, Transfer

You may not assign or transfer this Agreement without prior written consent.

8.3 Non-Requirement

Our failure to enforce your strict adherence to any provision of this Agreement will not constitute a waiver of our right to enforce such or any other provision. No modifications, additions, deletions, or insertions between lines of this Agreement are permitted and will not be recognized by us. None of our staff or agents, other than the appointed Affiliate Managers, has the authority to make or agree to any changes or modifications to this Agreement or its terms.

8.4 Severability / Waiver

Wherever possible, each provision of this Agreement will be construed in a manner that is effective and valid at law, but if any provision of this Agreement is held invalid, illegal, or unenforceable in all respects, such provision will be ineffective only to the extent that similar validity, or unenforceability, does not invalidate the remainder of the Agreement or provision hereof. Non-enforceability will be indicated by conduct or failure to enforce rights and must be in writing to be valid.

You immediately agree to be bound by the terms and conditions of this Agreement by downloading our promotional materials and creating a link from your website to ours.