HighFiveAffiliates.com (InAndOutBet.com) - Affiliate Program - Terms & Conditions
1. General Information of the Contract
All key words used in this contract are defined in the section 16 of this agreement.
HighFive Affiliates Limited, below mentioned “The Company” is responsible for marketing the offering and the services, including casino games, sports-betting and poker through InAndOutBet.com. “The Affiliate” maintains and operates through the affiliate site(s). This agreement defines the general Affiliate Program terms and conditions between the Company and the Affiliate. By filling and accepting the affiliate application, the Affiliate accepts and agrees to comply with all the following terms & conditions and that the affiliate will comply with all the applicable legislation. This agreement takes effect and is binding for the Affiliate when the affiliate application is submitted. It will not be binding for the Company or take any effect until the Company has approved the affiliate application.
2. Affiliate Approval and Conditions
The Company will review the application sent by the Affiliate and will inform the Affiliate via e-mail whether the application has been approved or declined. The Company reserves all rights to decline any application without specifying any reasons.
2.1 Conditions of Approval
The Affiliate declares that both prior to and upon approval of the Affiliate Application, it possessed the legitimate right to enter into this Agreement and to grant the rights contained herein, as well as the right to carry out all and any obligations under this Agreement.
The Affiliate maintains, has acquired and made all the necessary registrations, permits, authorizations and licenses that may be required for this Agreement, and the Affiliate fully understands and accepts the terms and conditions of this Agreement.
3. Affiliate Responsibilities and Obligations
3.1 The Affiliates marketing is always carried out in the best possible way, according to their ability. The Affiliate promotes the InAndOutBet.com site as actively, effectively and widely as possible, following the rules of this Agreement and the Company’s instructions, which may be provided from time to time.
3.2 The Affiliate is marketing and bringing new players to InAndOutBet.com at its own expense. The Affiliate takes full responsibility for its own actions and the possible risks.
3.3 The Affiliate only uses links that have been submitted from this affiliate program. The Affiliate is solely responsible for the content and distribution of its marketing legality. All the Affiliates marketing regarding InAndOutBet.com must be appropriate, professional, legal and applicable to laws and regulations, and in accordance with this Agreement.
3.4 The Affiliate assures that the affiliate-site(s) do not contain and will not contain any material that is discriminatory, abusive, libelous, illegal or in any way inappropriate.
3.5 The Affiliate will not actively market to under-aged persons or offer gambling in an environment that is directed to children and youths. The Affiliate will not be directing marketing to any regions or countries where gambling and its marketing is illegal. The Affiliate will not be controlling or marketing unlawful or fraudulent activity to InAndOutBet.com.
3.6 The Affiliate will not register a player account or make deposits to any player account for improving his own affiliate commission. This applies to all accounts, for own personal or relative’s player account, friends, or other third parties, or by any other artificial or fraudulent way to improve or increase the Affiliates contribution to the Commission. The Affiliate does not seek to or in any other way try to cheat the company. All of these terms are interpreted as fraud violation.
3.7 The Affiliate shall not create and present the affiliate-site(s) in a way that could lead to confusion of InAndOutBet.com sites and /or the Company. The Affiliate does not suggest or give the impression that his affiliate-site is partially or totally created or owned by InAndOutBet.com.
3.8 The Company reserves the rights to freeze the affiliate account and/or to reduce the balance of the affiliate account if the traffic created by the Affiliate has been made through fraudulent means or in violation of this Agreement and the applicable terms & conditions and rules.
3.9 The Affiliate is responsible for changing the bonus and/or promotional material and/or tracking link after receiving official communication in writing from the Company. The Company shall not be held responsible to this effect.
3.10 The affiliate is hereby agreeing that he will not create your own, or amending any way whatsoever, creative media supplied to him by the company unless he has received prior written consent to do so. Any amendments to our creative media are a breach or our terms and conditions.
3.11 The affiliate will only use the promotional banners, images and creative media which are supplied through our online portal.
3.13 The Affiliate shall market the Affiliate Domain and the Services and shall do so in compliance with all applicable legislation, guidelines, directives and/or any other binding documents in order to ensure that all advertising and promotions in the Approved Jurisdiction are compliant at all times. The Operator may issue guidelines to the Affiliate which the Affiliate must follow.
3.16 The affiliate must furnish the operator with the appropriate KYC of the involved parties as deemed necessary by the company.
4. The Company's Responsibilities and Obligations
4.1 The Company will convey all the necessary information, affiliate-links and marketing material to the Affiliate.
4.3 The Company will pay affiliate commissions according to the terms & conditions and rules of this Agreement
5. The company reserves the right to refuse or exclude applicants and accounts.
5.1 The Company may refuse at any time any new customer, and/or may close a customer's account if the Company believes that it is necessary to comply with the Company's policies, and/or of protection of the Companys best interests.
5.2 The Company reserves the right to determine add and/or change its bonuses at any time and at its own discretion, and this without the need for any prior notice given to the Affiliate
5.3 The Company may refuse any Affiliate applicant or close any Affiliate account, if the Company reasonably believes that it would be necessary to comply with the Company's policies, or for the protection of the Companys best interests. If the Affiliate doesnt comply- or breaks any part of this Agreement, the Company may close the Affiliates account(s) and take other legal actions or any other legal measures to protect the Companys interests.
6. Affiliate Commission Payments and Miscellaneous.
6.1 The Company agrees to pay the Affiliate commission in accordance with the terms & conditions of this Agreement.
6.2 If the balance is less than the minimum payout limit of 100, the commission will be carried forward to the following month and will be paid out once the total commissions exceed the minimum payout limit.
6.3 The Commission will be paid via bank Transfer as provided by the Affiliate in the affiliate application or provided on invoice via email to email@example.com. If changing payments details, the Affiliate is obliged to notify the management. If an error occurs with the commission payout, the Company reserves the right to correct any error at any time and perform a deficiency payment immediately or to collect the incorrectly performed over-payment.
6.4 Where a statement shows a balance owing by the Operator to the Affiliate, the Affiliate shall immediately issue the Operator with an invoice in respect of any Fees due as set out in the Statement Any claim for payment by the Affiliate should be made by the issuance of an invoice; otherwise. The Company reserves the right, at its own discretion, to not consider the claim.
6.4.1 Moreover the affiliate hereby agrees that any pending fees/commission due will be forfeited, should the affiliate fails to provide the company with a valid invoice within 6 months of the date that commission fell due.
6.5 A received Affiliate commission payout will be interpreted as final to even out the Affiliate account for the current period.
6.6 If the Affiliate disagrees with the reported commission, the affiliate shall report it immediately to the Company. The report shall be handed to the Company within thirty (30) days and shall indicate the ground of any differing opinion. If the Affiliate does not report its differing opinion to the Company within the given time, this will be interpreted to mean that the Affiliate has given their approval for the balance for that current period.
6.7 The Company does not have any obligation to any affiliate payments if the Company has reason to believe that affiliate traffic is in any way illegal or if the Affiliate is in breach of any provision of this Agreement or the applicable rules.
6.7.1 The Company does not have any obligation to any affiliate payout if the Company has reason to believe that the Affiliate has steered his traffic in any illegal way, or the Affiliate has broken any of any terms & conditions of this Agreement.
6.8 The Affiliate agrees to return all received commissions that have been based on fraudulent or falsified transactions and to compensate the Company for any costs and losses related to these transactions (including legal fees and costs).
6.9 The Company may, at its own discretion, refrain from paying the balance of the Affiliate up to two hundred and ten (210) days, if the company needs to investigate and to confirm that the relevant transactions have taken place in accordance with this Agreement.
6.10 Payments by the Company will start to be processed from the 15thof the next month
6.11 The Affiliate is completely responsible for any tax compensations, other compensations, costs and other potential domestic and international costs. The Company may not, under any circumstances, be liable for any of the listed or other unpaid costs or amounts that are requested from the Affiliate, and the Affiliate has no right to demand compensation of any kind from the Company.
6.11.1 To be clear, should the net revenue generated from the new customers introduced by the affiliate in any given month fall below zero ("negative net revenue"), such negative balance shall not be carried over to the following month for the purposes of the calculation of the net revenue and commission for that same month, except if an individual player win more than 5000 euro in a single month, the player will then be excluded from the "no negative carry-over rule". Such players are isolated until they become "positive" players again.)?
7. Affiliate-site(s) and Links
7.1 The Affiliate agrees that any use of the affiliate program on the internet is at its own risk. The Company does not guarantee that InAndOutBet.com sites are available at any given time or place. The Company is not liable for any lack of precision, errors, or for any loss, harm or damage caused by partial or total failures, delays and/or interruptions caused by the Affiliate and/or any other party on InAndOutBet.com websites or affiliate programs.
7.2 During the time of this Agreement, the affiliate-links are clearly displayed on the affiliate-site(s) at all times, in the manner as agreed upon between the Company and the Affiliate. The Company has the right to review the affiliate site(s) to ensure compliance with this Agreement and its terms and conditions, and the Affiliate is responsible for providing all the information required in order to ensure that the terms and conditions have been followed and adhered to.
8. Termination of this Agreement
8.1 This Agreement may be terminated by either party. The notification of termination shall be sent to the other party in written form (e-mail) and the notice time for the termination is fourteen (14) days.
8.2 The Company reserves the right to protect itself from betting players who are attempting to benefit from the Company's program. These players, often referred to as "arbitrage" (profits without risk), are players who try to take advantage of the affiliate program in order to get commission for their losses. If the Company has reason to believe such activities are taking place, the Company may, at its discretion, terminate this Agreement immediately.
8.3 In case of termination of this Agreement the parties hereby agree on the following:
8.3.1 All rights that have been granted to the Affiliate will be immediately terminated. The Affiliate will remove all references to InAndOutBet.com from his affiliate-site(s) and marketing channels, regardless of whether the marketing channels are commercial or otherwise.
8.3.2 The Affiliate is only entitled to a Commission that has been earned but not yet paid at the time of termination of this Agreement, however, on the condition that the Company has the right to abstain from the final payment for a reasonable period until it is confirmed that the correct amount is paid. The Affiliate is not allowed to make or receive any commission after the date of termination of this Agreement.
8.3.3 The Affiliate releases the Company from all obligations and liabilities that may occur or arise after termination of this Agreement. Ending of the contract does not relieve the Affiliates liability that incurred before the end of the contract, such as violating any of the terms and conditions of this Agreement or violating any agreements of confidential information. Such obligations and liabilities shall continue to bind the Affiliate even if the violation takes place after the contract has been terminated.
8.3.4 Should this Agreement be terminated by the Company due to a violation of the terms & conditions of this Agreement on behalf of the Affiliate, the Company reserves the right to keep all unpaid commissions which may have been due to the Affiliate.
9. Responsibilities and Compensation
9.1 The Company shall not be liable (contractually, legally, any kind of statutory duty or in any other case) for any of the following:
9.1.1 Any direct or indirect losses, any economic losses (including income, revenue, business, contracts, or planned savings), any goodwill loss or loss of reputation.
9.2 The Affiliate agrees to defend and approves the Company and its associated companies/affiliates, successors, directors, officers, employees, representatives, agents, shareholders and lawyers to be free from and innocent of all claims and liabilities including reasonable expert and legal services related to or resulting from loss of the following:
10. Affiliates use or abuse of the marketing material and the Company's intellectual property rights. All charges and claims, that the affiliate-site(s) or its information and/or files infringe a third party's patent, copyright, trademark, or other intellectual property rights, or violates a third party's right to privacy or publicity
11. Any violation of an agreement related to the affiliate's commitment, guarantee, or obligation. Any activities taken place under the Affiliates username and password.
12. Any abusive, offensive, illegal material, which can be found under the affiliate-site(s) and its files, folders or documents. Any violation of this Agreement or any applicable law violation.
12.1 The Company and its associated companies reserve the right to participate at its own expense defend any of the above-mentioned claims. The Company reserves the rights to change any deal (without any further notice) of any affiliate that generates less than 5 NDCs/month or any affiliate that ceases to promote the Company’s casino.
13. Confidentiality and Confidential Information
13.1 The Affiliate shall not use any confidential information of any kind for its own commercial or other purposes and may not share such confidential information with any person or with any third-party, either directly or indirectly without the prior written consent from the Company. The Affiliate will not use confidential information for any purposes other than for fulfilling the obligations of this Agreement.
13.2 The Affiliate commits to respect paragraph 10 even if/after this Agreement ends.
14. Partnership between the Parties
The Affiliate shall not during the term of this Agreement and for a period of one (1) year thereafter recruit or request services from employees or agents of HighFive Affiliates Limited without the prior written consent of the Company. In case of breach of this obligation, the Operator shall be entitled to terminate this Agreement unilaterally for such a breach.
15.1 Neither party shall be liable to the other for delay or failure of this Agreement, its obligations and/or responsibilities, if the delay or failure arises from a reason out of our reach (Force Majeure), including labor disputes, strikes, industrial problems, acts of God, acts of terrorism, natural disasters, floods, lightning, power distribution and communication network failure, earthquakes, or other accidents. If a similar situation occurs unexpectedly, the party that experiences this will be released from its obligations, on condition that the Force Majeure continues for a period exceeding thirty (30) days. Either party may terminate this Agreement with immediate effect by sending a written notice to the other party.
15.2 Nothing in this Agreement provides either party with any rights or interests over any of the other party's intellectual property rights. For purposes of clarity, nothing in this Agreement shall be construed to any kind of license, assignment, transfer or anything else which is related to intellectual property rights.
15.3 All notices relating to this Agreement shall be submitted to the Company and directed to the InAndOutBet.com Affiliate Manager unless the Company informs the Affiliate otherwise. The Company supplies all the notifications to the Affiliates e-mail address that it had given the Company while filling the affiliate application form.
15.4 The Affiliate may not transfer this Agreement or any rights related to this Agreement to any other party without obtaining prior written consent from the Company. The Company may assign/transfer this Agreement and its rights to any of its associated companies or any third-party. The Company does not waive its right to exercise such right to assign/transfer, notwithstanding the existence of any lack of supervision over the Affiliates adherence to the terms and conditions of this Agreement.
16. Changes to this Agreement
The Company reserves the right, at any time and in its own discretion, to change, delete or add items to this Agreement, and this without the obligation to give prior notice in writing to the Affiliate. If necessary, a written notice will be sent to the e-mail address registered by the Affiliate.
17. This contract is bound by laws
The accuracy of this Agreement, and creation, monitoring and implementation of all the requirements and conflicts, or other fact or legal enforceability of the issues related to the competence of Curacao and the laws of that state. Both sides settle in Curacao unconditional arbitration under the auspices of settlement in connection with any claim, dispute or matter relating to this Agreement or in its control and legitimacy.
18. Affiliate commission*
18.1 Casino/Betting commission:
* The affiliate commission as seen above is valid for new affiliates who signed on/after 11/07/2019, where the “Company” and the “Affiliate” did not mutually agree to a special affiliate commission deal.
19. Key words explained
"Affiliate" means you, the person or party that requests access to the affiliate program.
"Affiliate Program" refers to the program set with the Company and Affiliate, in which the Affiliate is marketing InAndOutBet.com, creates links for the affiliate site(s) given by InAndOutBet.com sites and will receive compensation, which is defined in this Agreement based on the InAndOutBet.com Net turnover, and is defined under Net Commission.
"Affiliate-site(s)" means one or more sites that are operated and maintained by the Affiliate.
"Commission" means the percentage of net income that is defined separately for different products.
"Company" means a company HighFive Affiliates Limited, whose address is; 5 Secretarys Lane, GX11 1AA, which is located in Gibraltar. The company uses the following licenses: 1668/JAZ. InAndOutBet.com are a part of this group and operate under this company.
"Net commission" means:
For Betting / casino: all the money that a company receives from new customers in relation to their bets/casino-action deducted with:
- New customer winnings - Bonus payouts (not canceled bonuses)
- Administration costs 32% - Costs due to fraud
- Colleting/Recoveries - Returned stakes
- Taxes paid in cash or equivalent - Any other expenses
To be as clear as possible, all the amounts above relate only to new customers who have come to InAndOutBet.com site trough the affiliate-site.
"New Customer" and “NDC” means a new unique player for the company and who has made a first deposit above the minimum required deposit amount for the site InAndOutBet.com and according to the InAndOutBet.com site terms and conditions, but excluding Affiliates and their employees and their relatives and/or friends. A new customer is a customer who does not already have an account at the site InAndOutBet.com.