Affiliate Program Terms and Conditions
- I. General
- II. Object
- III. Conditions
- IV. Conclusion of the Agreement
- V. Licences
- VI. The affiliate partner’s website
- VII. Commission
- VIII. Bahigo’s obligations
- IX. Obligations of the contractual partner
- X. Term
- XI. Confidentiality
- XII. Warranty and liability
- XIII. Admentments to the agreement
- XIV. Miscellaneous
- 1. The Bahigo affiliate programme is operated by 247SportsInteractive B.V. (hereinafter Bahigo) based in Curacao.
- The object is the implementation of advertising material made available by Bahigo. The affiliate partner obtains access to a private area on www.bahigo.com with the aim of establishing closed advertising collaboration for reciprocal use. This advertising cooperation is not mutually exclusive.
- Bahigo makes a selection of advertising material available to the affiliate partner in the form of banners, graphics and texts amongst others to include in the affiliate partner’s website. Bahigo is entitled to amend or limit the advertising material or make new advertising material available at any time. By including this advertising material on the website the affiliate partner allows the user to redirect from its website by clicking on the corresponding symbols directly to www.Bahigo.com and place bets there, play casino games or take part in other bets and games.
- All costs for the graphic creation and design of all advertising material are borne by Bahigo. The costs for implementing the advertising material are borne by the affiliate partner
- Bahigo points out expressly that advertising for bets and games offered by Bahigo or the arrangement of bets or games of chance is subject to legal restrictions in certain states and under certain circumstances is even prohibited.
- In this case the affiliate partner acknowledges that it is not entitled to display Bahigo advertising material on its website. In this case the affiliate partner is also prohibited from participating in the affiliate programme and registering via www.bahigo.com. Where, after entering into this agreement or after displaying of the advertising material on the affiliate’s website, this is subject to legal restrictions, the affiliate partner is obliged to remove the advertising from its website without delay. The affiliate partner is obliged to regularly keep itself up to date with legal restrictions.
- The affiliate partner is liable for damage suffered by Bahigo or the affiliate partner as a result of failing to comply with legal restrictions.
- The affiliate partner operates the website under its own name and is not limited in its power of attorney.
IV. Conclusion of the Agreement
- Bahigo provides an application form online. This shall be completed online by the affiliate partner. After receiving the fully completed form, Bahigo shall check the application. The affiliate partner receives confirmation of acceptance of the application by email. Bahigo is entitled to reject applications.
- With acceptance the affiliate partner receives access to its password-protected area. In the personal area the affiliate partner receives access to all relevant advertising material and commission-related sales figures resulting from joint cooperation.
- On entering into the contract the affiliate partner acquires a non-assignable right that can be terminated at any time to use the advertising material provided for the purpose of creating links to the www.Bahigo.com website. It is forbidden to edit the advertising material or amend it in any way whatsoever. The licence expires on termination of the agreement.
- Bahigo enters into this agreement on the basis of the design and content of the affiliate partner’s website on the day this contract is entered into. Amendments to the affiliate partner’s website, in particular with regard to its content and additional advertising material, require prior written approval from Bahigo.
- Copyright for the design of the provided advertising material within the framework of the partner programme as well as all other information of which access is given to on the website remains exclusive.
- A change of the affiliate partner’s website URL address does not constitute an amendment to the contract and leaves its rights and obligations intact.
VI. The affiliate partner’s website
- The affiliate partner integrates the advertising material of its choice made available as part of the partner programme into its website and uses it to create a link to the Bahigo Group’s website. Using the provided affiliate ID the www.bahigo.com registration system identifies customers gained via the link from the affiliates partner’s advertising material.
- The affiliate partner receives profit-related commission for implementing the advertising material. This is calculated on the net revenue from new customers put through to Bahigo from the affiliate partner’s website. New customers put through are regarded as those without a customer account with Bahigo and who successfully manage to correctly register as customers and make deposits into the account having arrived at Bahigo’s website via advertising material placed by the affiliate partner on its website.
The net revenue is calculated depending on the individual business fields as follows.
(a) Sports betting: The stake placed with Bahigo less distribution of winnings, cancelled bets, return payments, guaranteed customer bonuses, special payments, costs for payment interfaces and damages from charge backs with credit card deposits, other payment interfaces and tax.
(b) Casino: Betting turnover less distribution of winnings, damages from charge backs with credit card deposits and other payment interfaces, gaming fees, guaranteed customer bonuses, costs of payment interfaces and pro rata licence fees to be paid by Bahigo to the casino provider.
2. The amount of commission is based on the amount of new depositing customers referred by the affiliate partner to the www.bahigo.com website. The applicable percentages are listed on Bahigo’s affiliate website. Bahigo reserves the right to amend the percentages and individual agreements by applying the procedure for amending contracts.
3. Commission is calculated at the end of the month and credited to affiliate partner’s account by the 15th of the following month provided it amounts to at least EUR100.00. Where the minimum amount is not reached in a month, the commission will roll over to the subsequent month until the minimum amount requirement is fulfilled.
4. Commission is paid out with no additional steps necessary by the affiliate partner, including but not limited to, issuing an invoice, initiating the payment, etc. Settlement is only made in euros. Bank fees arising from the transfer and/or cancellation by the receiving bank due to incomplete or incorrect details are borne by the affiliate partner. Bahigo reserves the right to withhold any payment to the affiliate partner if incomplete and/or incorrect details of the bank account are given, an active investigation is in place or there is a risk of fraud.
5. All performance and expenditure is finally settled with the commission. Expenses and costs, in particular for additional advertising activity, may only be claimed if the affiliate partner is engaged to do so in writing by Bahigo.
6. Any additional entitlement to commission expires on termination of the agreement.
VIII. Bahigo’s obligations
- Bahigo makes all advertising material and required information for the proper implementation available to the affiliate partner online in its personal area.
- Bahigo records all revenue generated by the published advertising material and calculates its net revenue. Bahigo makes monthly statistics available to the affiliate partner and undertakes all customer services in connection with the development of the business.
- Bahigo’s T&Cs apply to the customers passed on. Bahigo is not obliged to accept a customer who has been passed on and is also entitled to refuse individual bets from customers or limit the amount.
IX. Obligations of the contractual partner
- Responsibility for the correct technical integration of the advertising material lies exclusively with the affiliate partner. As a result, only advertising material made available as part of the affiliate programme may be used, otherwise no warranty for the correct recording and invoicing of games and bets can be accepted.
- The affiliate partner is responsible for the technical operation of its website, in particular the link to the website www.bahigo.com as well as for ensuring that the content of the website does not infringe the rights of third parties or breach laws in any other manner.
- The affiliate partner is responsible for the development, operation and maintenance of its website as well as all material appearing on the website. It is responsible for ensuring that no representations of violence, explicit sexual content or discriminatory comments or depictions regarding race, gender, religion, nationality, disability, sexual orientation or age appear on its website and as such holds Bahigo harmless and free from complaint.
- The affiliate partner ensures that material depicted on its website does not infringe the rights of third parties (including copyright and trade mark rights) and that material depicted on its website is neither offensive or defamatory nor contrary to the law in any other manner and as such holds the Bahigo Group harmless and free from complaint. The affiliate partner undertakes to notify the affiliate team of any change of name of its website or the inclusion of additional banners in websites of which Bahigo has thus far not been made aware.
- Advertising and communication content on the affiliate partner’s website may not contain either illegal or unlawful incorrect details that could have a damaging effect on the Bahigo Group’s business. In the same way the conscious distribution of unwanted advertising (e.g. SPAM). The affiliate partner undertakes to comply with all compliance guidelines and requirements set out by the Bahigo Group in the course of time. Where the affiliate partner breaches these stipulations, Bahigo is entitled to terminate the contract with immediate effect. The websites, or parts thereof, may not be aimed at persons under the age of 18.
- The affiliate partner is not permitted to use the name of bahigo.com or other names and trademarks assigned to bahigo.com other than by the installation deployment of the advertising material on his website. The affiliate partner is especially not allowed It is absolutely prohibited for the affiliate partner to use the logo of bahigo.com or logos that are confusingly similar to bahigo.com.
- The affiliate partner must comply with the trademark and name rights of bahigo.com, as soon as a search campaign, which aims at improving the search engine ranking, is conducted. The affiliate partner agrees not to neither use keywords nor to serve so-called typos domains, which are similar to bahigo.com or other protected trademarks owned by bahigo.com. Furthermore, the affiliate partner acknowledges that cookie spreading is strictly prohibited.
- The affiliate partner is not permitted to offer customers refunds, bonuses, discounts or other inducements for registering on the website www.bahigo.com. In the event of a breach, the affiliate account will be blocked immediately for the Bahigo affiliate programme.
- The affiliate partner is not permitted to fraudulently increase its commission in any shape or manner. Amongst this, this includes, but is not limited to, secret agreements, the creation of betting accounts with false details and exploiting marketing campaigns.
- The contract may be terminated by either party to the contract with immediate effect without stating why and without complying with a period of notice. In any event Bahigo will terminate the contract if the affiliate partner has breached significant obligations of this contract or the performance is or has become prohibited by law.
- In the event of the contract being terminated the affiliate partner shall delete all advertising material installed from Bahigo without delay. It is not entitled to a right of retention or right of appeal.
- Bahigo undertakes to calculate and settle commission based on the net revenue by the 20th of the following month. Bahigo is entitled to use commission to offset any claims against the affiliate partner. After the contract has been terminated the affiliate partner is not entitled to any further commission or other remuneration from Bahigo.
- Bahigo reserves the right to regularly monitor the affiliate partner’s website and its performance.
- All information obtained as a result of the cooperation shall be treated as confidential and may not be used either directly or indirectly for its own economic or other purposes or disclosed to third parties either.
- This does not apply to generally known information. The parties to the contract are entitled to disclose information to individuals subject to a duty of secrecy under court order or if there is a legal obligation to disclose.
- Email addresses and other user data may only be used for internal purposes. The affiliate partners undertake to comply with the provisions of the data protection law and the provisions of the telecommunications law relating to data protection.
XII. Warranty and liability
- Bahigo ensures that the website www.bahigo.com is operated under current technical capabilities. No liability is accepted for ongoing claims.
- Liability for intent and gross negligence is limited to Bahigo’s legal representatives and their vicarious agents. Bahigo’s liability, for whatever reasons, is limited to the amount of the commission paid out to the affiliate partner within the last six months. Where the contract is terminated before six months have expired, the commission paid out during this period is used to calculate the loss.
XIII. Amendments to the agreement
- Bahigo reserves the right to amend the rules and provisions of this agreement at any time. The affiliate is informed about amendments by email. Where there is no notice of termination within two weeks of receipt of the amendments, the amendments are regarded as accepted.
- In addition, Bahigo reserves the right to assign all rights and obligations under this contract to another company belonging to the Bahigo Group. The affiliate partner will be notified of this in good time.
- The agreement is subject to the laws of Curacao. In the event of disputes arising from this contract, jurisdiction lies with the courts of Curacao.
- Amendments and additions to this contract shall be in writing. Verbal ancillary agreements do not exist.
- Where one of the contractual rules is or becomes invalid, then the invalid provision shall be replaced by such a one that comes as close as possible to the economic purpose of the invalid agreement. The remaining provisions of the contract remain unaffected by this.
- This affiliate agreement is made available on line in English and German. In the event of discrepancies between the language versions of this affiliate agreement, the English version takes precedence.
Version 1 Valid from 01.01.2013
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