Terms and conditions
ARTICLE 1 – DEFINITIONS.
Provider: the company that provides the affiliate marketing platform for use by Professionals.
General Conditions: contractual document that governs the rights and obligations of the Parties.
Platform: the website, including the Dashboard and APIs integrated with the Operators’ systems, through which access to the Services is enabled, as well as monitoring of the Affiliate’s performance in terms of impressions, clicks, registrations, and deposits generated.
Services: affiliate marketing activities made available by the Provider through the Platform.
Affiliate: a natural or legal person who, meeting the necessary requirements, joins the affiliate program and promotes the Operators’ content through links, banners, or other tools provided by the Provider.
Operator: an entity holding a license to conduct public gaming operations.
Professional: a person acting for professional or business purposes, and not as a consumer.
User: any person who accesses the Platform, regardless of registration status.
ARTICLE 2 – PURPOSE OF THE AGREEMENT.
This document governs the Terms and Conditions applicable to the Services offered by the Provider and establishes the criteria for the use of the website and its functionalities by the Affiliates. These terms and conditions govern the contractual relationship between the Provider and each Affiliate.
Any tolerance by the Provider of conduct contrary to the provisions herein shall not constitute a waiver of the rights conferred under this agreement. Should any clause be declared null or unenforceable, such nullity shall not affect the validity of the remaining contractual provisions.
The Services provided to the Affiliate through the Platform are delivered in full compliance with applicable laws on gaming and betting, and in particular, in accordance with the current legislation of the State of California regarding advertising.
The Provider has developed a digital affiliate platform for Professionals, which offers access to marketing campaigns designed and managed by Operators, available for viewing and use on the platform.
The Provider is responsible for supporting the Affiliates and paying commissions accrued from the promotion of said campaigns, using text links, banners, and other promotional tools available on the platform. All Operators involved possess the proper licenses required to carry out their activity.
The Affiliate undertakes not to engage in any promotional communication activity in violation of advertising prohibitions. Any informational communication must comply with the principles of neutrality, truthfulness, and transparency as dictated by the regulatory authorities, in accordance with the rules established by the regulatory authorities of the State of California.
ARTICLE 3 – DESCRIPTION OF THE SERVICE.
The User, as a Professional, must have their own network of contacts and may collaborate with structured companies such as the Provider, which act as intermediaries between Affiliates and duly authorized Operators in the industry.
The User must register on the Platform and, upon completion of the process, will officially become an Affiliate. Within the Platform, the Affiliate will have access to a personal dashboard through which they can view the list of available Operators, monitor the commissions generated daily and by month, and manage their collection.
The dashboard also includes sections for financial management (invoicing, provisions for the following month) and management of marketing traffic sources. For each Operator, the Affiliate is assigned a personalized tracking link, which can be shared with their network to generate referrals. Each action performed via these links is traceable.
The marketing source is accompanied by a short link allowing the Provider to monitor the traffic generated and, if necessary, to block its use in the event of abnormal, speculative, or abusive behaviour. The Provider reserves the right to temporarily suspend the use of the marketing source in the presence of anomalies or operational risks, even in the absence of proven fraud. The dashboard is integrated via API with the Operators’ dashboards to ensure real-time data alignment. The Provider guarantees that this data is unalterable and therefore must be considered certified.
The Affiliate acknowledges that the Operators do not have direct access to the data and cannot associate tracking links with the identity of individual Affiliates.
Affiliate Obligations: Promote the Operator’s Services exclusively to individuals of legal age. Comply with financial flow traceability obligations, undertaking to promptly notify any changes to the submitted data. Ensure they meet the necessary requirements to act as an affiliate on behalf of the Operator. To this end, the Affiliate declares that they have no criminal record, are not subject to any preventive measures, and are not aware of any pending criminal proceedings against them. Be familiar with the applicable regulations in the country where the advertising activity is carried out, particularly regarding promotional communications related to gaming and betting involving cash prizes, including the penalties applicable in case of violation. Strictly observe the policies of each authorized Operator.
Any website used by the Affiliate to promote campaigns must be pre-approved by the Provider. Promotional materials and Operator links may only be published on approved websites. Otherwise, the Affiliate agrees to immediate suspension and automatic termination of this Agreement.
The Affiliate undertakes to comply with the marketing campaign execution procedures in accordance with the instructions provided by the Operator. Any promotional initiative not foreseen or not described within the campaign requires prior approval from the Operator.
Any promotional activity not in accordance with the policies or operational instructions provided by the Operator or the Provider may result in immediate suspension of the account and immediate termination of the contract.
ARTICLE 4 – REGISTRATION.
In order to access and use the Service, the User must complete a specific registration on the Platform, providing the required personal data fully and accurately. The User is responsible for the truthfulness, completeness, and accuracy of the information provided.
It is strictly prohibited to provide false data, impersonate others, or engage in any conduct that could cause confusion about the User’s identity. This includes, for example, the use of false general information or information belonging to third parties. The correct and accurate provision of data is an essential condition for the proper receipt of earned commissions.
By registering and entering data, the User warrants that they: are of legal age and legally competent. comply with all legal and contractual provisions applicable to these General Conditions. are the legitimate owner of the data entered which must be true, correct, and up to date.
For compliance with applicable data protection legislation (California Consumer Privacy Act (CCPA), as amended), and to prevent fraud and illegal activities (such as under the Bank Secrecy Act (BSA), the USA PATRIOT Act, or California-specific laws like the Financial Crimes Reporting System (FCCRS)), the Affiliate undertakes to: complete the registration form in its entirety. provide only true and updated data. promptly update any data that has changed over time. provide, upon request, the documentation specified in the registration form, including but not limited to the articles of incorporation, documentation proving the legal representative’s signing authority, and documents identifying the Affiliate’s beneficial owners.
The Provider reserves the right to request additional documentation, in accordance with the principle of good faith cooperation that governs the relationship between the parties. Such documentation must be submitted within five (5) business days from the request, unless otherwise agreed in writing.
If the Affiliate provides false, incomplete, or partially false data, the Provider may, at its sole discretion, suspend the account and/or reject any future registration request.
For the purpose of complying with anti-money laundering and counter-terrorist financing obligations, the Affiliate further declares that they are not acting on behalf of third parties and authorizes the Provider to report relevant information to the Financial Crimes Enforcement Network (FinCEN) or other competent authorities when required by applicable law.
ARTICLE 5 – TERM OF THE SERVICE.
This contractual relationship shall remain valid and in effect until the Affiliate requests its termination or the Provider deactivates it for legal, regulatory, or business reasons.
Accounts that remain inactive for a continuous period of more than six (6) months shall be automatically closed. Inactivity is defined as the absence of clicks, registrations, or deposits recorded over a continuous period of at least six months. In such cases, any accrued but unpaid commissions shall be paid to the Affiliate, unless otherwise provided in the agreement or if the Affiliate has breached contractual obligations that prevent such payment.
ARTICLE 6 – FRAUDULENT ACTIVITIES.
The Affiliate undertakes not to engage in conduct that artificially alters the commission calculation system, thereby harming the Provider or the Operators.
The Provider reserves the right to continuously monitor the Affiliate’s activities and, in the event of proven fraudulent activity, shall have the right to: withhold any commissions that may have been accrued. terminate this agreement with immediate effect. take legal action to seek compensation for the damages suffered.
Fraudulent activities include, but are not limited to: repeated generation of clicks not attributable to real users (including clicks generated by bots, software, or automated systems). forced clicks (requiring the user to click in order to access content or functionality on the Affiliate’s site). automatic creation of email addresses. use of manipulated tags or tags placed on unauthorized sites. multiple registrations intended to deceive the Operator. any other action not in accordance with the contractual terms or the Operator’s instructions.
Such conduct shall lead to the immediate termination of the agreement without notice or compensation. Furthermore, the Provider may demand the return of any improperly received amounts and reserves the right to pursue legal remedies.
Violation of the provisions of this article shall result in immediate termination of the contract, without prejudice to the Provider’s right to claim compensation for any resulting damages.
ARTICLE 7 – PAYMENT.
The calculation and payment of commissions are primarily the responsibility of the Operators, who pay the Provider based on the activities tracked through affiliate links. The Provider, in turn, shall pay the commissions owed to the Affiliate in accordance with the contractual agreements.
Payment is made on a monthly basis, based on the information available in the Affiliate’s dashboard. The Affiliate may dispute the commission calculation within ten (10) days of its publication on the Dashboard, after which the amounts shall be deemed accepted.
Commissions are only paid once the minimum threshold of USD 200.00 is reached (this threshold may vary from USD 200.00 to USD 1,000.00). Commissions below the threshold will be automatically carried over to the following month.
The Affiliate is responsible for: issuing a proper invoice containing the correct IBAN/SWIFT code. promptly updating their banking information. providing and retaining the documentation requested by the Provider.
In the event that: the Affiliate fails to provide or update the required documentation, or. engages in unlawful activities or conduct that violates this agreement. the Provider reserves the right to: suspend payments in the event of fraudulent conduct. postpone payment pending receipt of documentation. withhold earned commissions in the event of a serious breach of contract or the law.
In view of potential regulatory changes or new decisions from authorities, if such changes result in restrictions on the Affiliate’s activities, the Affiliate shall not be entitled to any compensation or indemnification.
The Provider shall not be liable for delays in payment caused by incorrect banking information or Operator delays. Commissions shall only be considered final once they have been approved and paid by the Operator.
The Affiliate acknowledges that commission payment is subject to final approval by the Operator and to the completeness of tax and identification documentation.
The Provider reserves the right to revoke accrued commissions in the event of serious or repeated contractual violations.
Any delay resulting from failure to update banking details or from errors attributable to the Affiliate shall not be the responsibility of the Provider.
ARTICLE 8 – LIMITATION OF LIABILITY.
Nothing in this agreement shall limit the non-waivable rights granted to consumers under California consumer protection laws, where applicable.
The Provider’s liability shall be limited to the obligations expressly assumed in these General Conditions.
The Provider assumes no responsibility: for the acts of Users or Affiliates, or for the information they enter, share, or disseminate (including advertisements) through use of the Platform. for any use of the website that is contrary to these conditions by the Affiliate, including illegal, harmful, deceptive uses, or uses that otherwise impair the Platform’s operation or affect other users. for interruptions, malfunctions, suspensions, or delays in Service provision caused by technical factors, force majeure, or third parties. for the Affiliate’s inability to generate revenue or achieve expected economic results. for any omission, error, infringement of third-party rights, data loss, or pecuniary or non-pecuniary damages, whether direct or indirect, related to the use of the Platform or its materials.
The Provider states that all gaming and betting-related informational activity carried out through the Platform is conducted in accordance with principles of transparency, impartiality, and fairness.
The Affiliate expressly acknowledges that the use of informational materials or content provided by the Provider on their site is prohibited without prior written authorization.
Any violation shall result in immediate exclusion from the affiliate program and/or a ban on future registration. The Affiliate fully waives any direct or indirect liability of the Provider from any direct or indirect liability in the event of sanctions imposed by California regulatory authorities or other competent bodies.
The Affiliate shall indemnify the Provider for any harm or damage resulting from conduct that violates these conditions, including but not limited to prohibited promotional practices, misleading statements, or regulatory violations, particularly in relation to remote gaming.
The exclusion and limitation of liability clauses contained herein are expressly accepted by the parties.
ARTICLE 9 – FORCE MAJEURE.
The Provider shall not be held liable for the total or partial failure to perform its contractual obligations if such failure results from unforeseeable events beyond its reasonable control (e.g., natural disasters, acts of government, war, power outages, strikes, epidemics, etc.).
In the event of force majeure, the execution of obligations shall be suspended for a maximum period of three (3) months, after which the Parties shall assess whether to continue or terminate the agreement, without any obligation to pay compensation.
ARTICLE 10 – INTELLECTUAL PROPERTY.
All content found on the Site is protected under current copyright and industrial and intellectual property laws. The term “content” includes, but is not limited to:
the domain name and its subdomains; logos, trademarks, texts, graphic representations, images, photographs, videos; any other audiovisual, informational, or promotional material.
All rights over the aforementioned content are the exclusive property of the Provider and are neither transferred nor licensed to the Affiliate or to third parties.
Accordingly, the Affiliate and Users are prohibited from: reproducing, duplicating, copying, distributing, retransmitting, or otherwise using the content of the Site for purposes unrelated to its consultative function. transferring or making the content available to third parties without the express written authorization of the Provider.
In the event of a violation, the Provider reserves the right to take legal action to protect its rights and to exclude the Affiliate from the program.
ARTICLE 11 – PROCESSING OF PERSONAL DATA.
Consumer Rights under the CCPA: Right to know what personal data is collected and how it is used. Right to request the deletion of one’s personal data. Right to opt out of the sale of personal data (“Do Not Sell My Personal Information”); Right not to be discriminated against for exercising one’s rights under the CCPA. To exercise these rights, the User may send a request to the email address indicated in Article 15.
The personal data provided by Users and Affiliates shall be processed by the Provider in full compliance with applicable data protection laws, particularly the California Consumer Privacy Act (CCPA) and California state privacy laws.
The Provider undertakes to process personal data in accordance with the principles of lawfulness, fairness, transparency, data minimization, integrity, and confidentiality, adopting appropriate technical and organizational measures to prevent unauthorized access, disclosure, unlawful modification, or destruction.
Processing is carried out by electronic and/or telematic means, strictly related to the purposes for which the data was collected, including: execution of pre-contractual and contractual measures. management of user requests; registration procedure and provision of the Services. compliance with tax and regulatory obligations. sending of commercial and promotional communications (subject to the User’s consent); email marketing related to similar services previously acquired.
The Affiliate expressly declares that their activities comply with the provisions of the California Consumer Privacy Act (CCPA) and applicable data protection regulations. Upon written request by the Provider, the Affiliate undertakes to provide documentation demonstrating that their operating systems and procedures comply with the stated provisions.
In the event of a violation of data processing rules by the Affiliate, the Provider reserves the right to: immediately close the Affiliate’s account. revoke any accrued commissions; terminate the contract.
The updated Privacy Policy is available at the following link: Privacy Policy
ARTICLE 12 – CONFIDENTIALITY.
The Affiliate undertakes, on behalf of themselves and their employees, collaborators, consultants, or subcontractors, to maintain the strictest confidentiality with respect to confidential or sensitive information that may come to their knowledge in the performance of this agreement.
In particular, the confidentiality obligation applies to: commercially sensitive information about the Provider; elements that could confer a competitive advantage to the Affiliate or distort market competition in the gaming sector if disclosed.
This obligation shall bind the Affiliate throughout the duration of the contractual relationship and for a period of five (5) years following termination for any reason, unless the Affiliate is legally required to report the information to a judicial or administrative authority, in which case the Affiliate shall notify the Provider in advance to mitigate potential harm.
In the event of a breach attributable to the Affiliate, a penalty of USD 10,000.00 shall be due, without prejudice to the Provider’s right to seek greater damages.
ARTICLE 13 – NON-WAIVER OF RIGHTS.
The Provider’s failure or delay in exercising any right arising from this agreement shall not be construed as a waiver thereof, nor shall it impair its future exercise.
Accordingly, the Provider reserves the right to assert its rights at any time, within the timeframes and in the manner provided by applicable law.
ARTICLE 14 – GOVERNING LAW AND JURISDICTION.
These General Conditions shall be governed by and interpreted exclusively in accordance with the laws of the State of California (USA).
For any dispute concerning the validity, interpretation, performance, or termination of this agreement, the courts of Los Angeles, California shall have exclusive jurisdiction.
ARTICLE 15 – COMMUNICATIONS.
For any information, requests, or communications related to the use of the Platform and these Terms and Conditions, the User may contact the Provider at the following email address: support@betandeal.com
