Terms and Conditions
As with all T&Cs this is a long and information rich document which isn't the most exciting read but we strongly recommend all our users read them.
We have a condensed version of the T&Cs here on our important page. Please ensure you read at least one. of these documents.
Please Note: BBnetwork Affiliates Affiliates is now managed by Digital Pop Ltd. When you sign up you will be agreeing to a self billing invoice.
DIGITAL POP LTD. SERVICE AGREEMENT
BBnetwork Affiliates.com Affiliate Program
1. INTRODUCTION AND DEFINITIONS
1.1 This Service Membership Agreement (the "Agreement") is made between Digital Pop Ltd, (Company Number 06687043) (“Digital Pop”) and you, as user of the “Affiliate programme” (“the Affiliate”).
1.2 In this Agreement, the following words and expressions shall have the following meanings:
1.2.1 “Account”: the account set up for each Affiliate by Digital Pop for purposes of tracking and accumulating Commissions earned.
1.2.2 “Affiliate Property”: one or more affiliate web sites, or other venues for the display of Links, to the extent approved by Digital Pop.
1.2.3 “Affiliate Website(s)”: the specific web site or web sites an Affiliate provides to Digital Pop as the location of Links, to the extent that such sites are approved by Digital Pop.
1.2.4 “Applicant”: an entity that wishes to become an Affiliate.
1.2.5 “Code of Conduct”: the obligations of the Affiliate detailed on the Schedule (as amended from time to time) which are a condition of the Agreement.
1.2.6 “CPA” (commission per acquisition): a Commission payment contingent on a Visitor reaching the Merchant's Website through a Valid Click, and staking the specified amount in the Relevant Period.
1.2.7 “Rev Share” (Revenue Share): a Commission payment contingent on a Visitor reaching the Merchant's Website through a Valid Click, depositing and staking the specified amount and then calculated as a percentage of their gaming profit.
1.2.8 “the Commission”: the monies (either following a valid CPC or CPA) earned by an Affiliate in exchange for directing Visitors to the Merchant’s Website.
1.2.9 “Links”: the Hyperlink references (whether text, button, banner, or any other acceptable format) from Affiliate Properties to the Merchant's Website.
1.2.10 “The Merchant's Website”: the website represented by Digital Pop, as listed at the top of this agreement.
1.2.11 “Relevant Period”: the time period to be considered when determining whether an Affiliate earns a Commission based on a player staking the specified amount. The Relevant Period will be agreed, on a case by case basis between the Affiliate and Digital Pop.
1.2.12 “Affiliate programme”: the on-line marketing system provided by Digital Pop.
1.2.13 “Affiliate programme Website”: means Digital Pop’s extranet system which operates the Affiliate Programme.
1.2.14 "Visitor": means any person or entity that clicks on a Link.
1.2.15 "Valid Click”: a click which a bona fide user voluntarily makes on an Affiliate link within an Affiliate Property, in order to access the Merchant's Website. Valid Clicks only include clicks consistent with this Agreement and Code of Conduct.
1.2.16 “gaming profit”: means the amount earned by The Merchant after all costs are removed. Including but not limited to; promotional adjustments, bank charges, software provider charges.
1.2.17 “Gaming Stake” or “Stake”: the amount bet by a player on the Gaming Platform.
1.2.18 “Player”: A visitor who has registered with the Merchant's Website and intends to play on the Gaming Platform
1.2.19 “The Merchant” - The brand participating in the affiliate program as represented by Digital Pop.
1.2.20 “The Gaming Platform”: The area of the Merchant's Website in which the game is carried out and transactions take place.
2 JOINING THE AFFILIATE PROGRAM
2.1 To apply to join the affiliate program, an Applicant must complete the application procedure.
2.2 Each Applicant must provide the domain names of all websites on which it seeks to place Links. If the Applicant proposes to use other methods to place Links, the Applicant must disclose details of those methods.
2.3 Each Applicant must provide Digital Pop with its physical address. PO boxes and other mail forwarding services are not allowed.
2.4 If the Applicant is a company or LLP, the Applicant must inform Digital Pop of its registered office and registration number;
2.5 Applicants may only participate in the Affiliate programme after attaining 18 years of age.
2.6 It is each Affiliates responsibility to (if necessary) register for VAT, and once registered to promptly inform Digital Pop of its VAT registration number.
2.7 Digital Pop will decide at its discretion whether any Applicant will be permitted to become an Affiliate.
2.8 Digital Pop may monitor the Affiliate’s Websites and any Links.
2.9 Commission type cannot be altered once decided when opening an account.
3 THE AFFILIATE’S OBLIGATIONS
3.1 An Affiliate may place links only on its Affiliate Properties, including its Affiliate Websites and any other venues provided to and approved by Digital Pop. Each Affiliate may at any time place and remove whatever Links it so elects.
3.2 Links must not mislead Visitors. Links may only be placed with the intention of delivering Valid Clicks.
3.3 Affiliates must not “spam” or use unsolicited email. If Digital Pop discovers that an Affiliate is “spamming” or using unsolicited email, Digital Pop will immediately terminate that Affiliate’s participation in the Affiliate programme.
3.4 The Affiliate agrees to keep its password secure.
3.5 The Affiliate agrees not to select the name of another person with the intent to impersonate that person or deceive other users as to the Affiliate’s true identity.
3.5.1 The Affiliate agrees to provide Digital Pop accurate, complete and non-misleading information regarding the Affiliate’s identity and practices.
3.5.2 The Affiliate agrees to keep its submissions to Digital Pop up to date, including updates as to Affiliate Websites and Affiliate Properties.
3.6 The Affiliate acknowledges that Digital Pop shall act upon any information or instructions that Digital Pop reasonably believes comes from the Affiliate. Digital Pop shall not be liable to the Affiliate if it transpires that the information has come from another source.
3.7 The Affiliate shall immediately notify Digital Pop by emai if:
3.7.1 the Affiliate believes that any unauthorised use has or may be made of the password referred to in clause 3.4;
3.7.2 the Affiliate suspects or is aware of any other actual or possible abuses of the Affiliate Programme.
3.8 The Affiliate agrees to not disrupt the Affiliate programme by hard coding any banners or buttons which the Merchants may make available to the Affiliate. Any breach of this clause 3.8 will:
3.8.1 lead to Visitors receiving inaccurate information and the Merchant's Website consequently being brought into disrepute;
3.8.2 entitle Digital Pop to terminate the Agreement pursuant to clause 10.3.
3.9 All content that the Affiliate provides to the Affiliate programme must be owned by the Affiliate.
3.10 The Affiliate must not bid on the Merchants brand name or any similar terms via any paid per click marketing without express written permission from Digital Pop. Further details can be found on the important information page on the Affiliate programme Website .
3.11 The Affiliate agrees not to promote their brands using official BBnetwork areas on social-networking sites.
4 CODE OF CONDUCT
4.1 The Affiliate covenants with Digital Pop to adhere to the Code of Conduct.
4.2 Digital Pop reserves the right to modify and update the Code of Conduct from time to time so that the Code of Conduct reflects, to the extent possible, ethical practice in light of changing technology. Digital Pop will place the updated Code of Conduct on the Affiliate programme Website. It is the Affiliate’s responsibility to review the Code of Conduct and remain aware of such changes.
5 PAYMENT
5.1 Once a Visitor performs a Valid Click followed by meeting the time and stake requirements. Digital Pop will place the appropriate Commission into the Account.
5.2 Rev Share payment details:
5.2.1 Your Commission shall be defined as the compensation due to you based on a percentage of gaming profit generated by visitors who have been directed to the Merchant's Website with a valid click.
5.2.2 In the event that you carry a negative commission balance at the end of a month, your negative balance will be reset to zero at the beginning of the following month. However, if the negative balance is a result of a chargeback adjustment, it will be carried over until this negative amount is cancelled out by positive earnings.
5.3 CPA payment will be given when the wagering criteria has been met within the specified time period and will be based on figures displayed in your account.
5.4 Commissions earned in the previous month will be paid once a month between the 1st and 15th of the following month.
5.5 Statistics are collected and calculated by Digital Pop and will be the only valid statistics used by Digital Pop when determining these Commissions.
5.6 If such payments are not “banked” by the Affiliate within six months then Digital Pop
will be entitled to retain such monies.
5.7 Commission shall not be paid to the Affiliate if the balance of the Affiliates Account is less than (if paid by credit transfer) £25 or (if paid by cheque)
£100. Any amounts below these thresholds shall remain in the Affiliates Account.
5.8 The Affiliate recognises that Digital Pop may change or discontinue Commission payments at any time. Digital Pop is responsible for informing the Affiliate of any such changes.
5.9 This agreement also acts as a self-billing agreement between the Affiliate and Digital Pop.
5.10 The Self Biller (Digital Pop) agrees to:
5.10.1 To raise self-billed invoices in respect of Affiliates commission until the Agreement is terminated.
5.10.2
To complete self-billing invoices showing the Affiliates name, address
and VAT registration number, together with all the other details will
constitute a full VAT invoice.
5.10.3 To make a new self-billing agreement in the event that their VAT registration number changes.
5.10.4 To inform the affiliate if the issue of self-billed invoices is outsourced to a third party.
5.11 The self-billee (Affiliate) agrees:
5.11.1 To accept invoices raised on their behalf until this contract is terminated.
5.11.2 Not to raise invoices for the transactions covered by this agreement.
5.11.3 To notify Digital Pop immediately if they:
- change their VAT number
- cease to be VAT registered
- sell their business, or part of their business.
5.12
In addition, statements may be adjusted by us from time to time to
reflect overpayments, customer chargebacks and/or credits or
underpayments.
6 DATA PROTECTION
6.1 The Affiliate in pursuant to the Data Protection Act 1998 gives its consent for information submitted in the application to the Affiliate programme data being held by Digital Pop.
7 RESERVATION OF RIGHTS
7.1 Digital Pop reserves the right to change, modify, add or remove portions of this Agreement at any time. Furthermore, Digital Pop may add to, change, suspend or discontinue any aspect of the Affiliate programme at any time. In either case Digital Pop will notify the Affiliate via email, newsletter or the Affiliate programme Website of such changes. On receipt of such notice, the Affiliate may immediately withdraw from the Affiliate programme by giving Digital Pop written notice. If no such notice is given to Digital Pop within one week, then the Affiliate will be deemed to have consented to the changes. Notwithstanding the foregoing, Digital Pop may update of the Code of Conduct as set out in clause 4.2.
7.2 If Digital Pop discovers a breach of this Agreement, Digital Pop may suspend the Affiliate’s account and/or remove or disable any Links. In such circumstances, pursuant to clause 10.3, Digital Pop may withhold any money that would otherwise be due to the Affiliate from use of the Affiliate programme prior to termination.
8 LIMITATION OF LIABILITY AND INDEMNITY
8.2 Digital Pop shall not be liable for (i) any indirect, special, incidental or consequential loss of any character arising out of the use of or inability to use the Affiliate programme or any information provided on the Merchant website or any other hyperlinked website, including, without limitation, damages for loss of goodwill, lost profits, business interruption, loss of programmes or other data on Affiliate’s information handling system or otherwise, even if Digital Pop has been advised of the possibility of such damages or (ii) any claim attributable to errors, omissions or other inaccuracies in the website or any hyper linked website.
8.4 Nothing in this clause 8 excludes liability for fraudulent misrepresentation or death or personal injury caused by Digital Pop’s negligence.
8.5 The Affiliate will indemnify, defend, and hold harmless Digital Pop and its, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable solicitor's fees) directly or indirectly arising from or relating to any matter related to this Agreement or the subject matter hereof and any dispute relating thereto.
9 DISCLOSURE AND COLLECTION OF INFORMATION AND CONFIDENTIALITY
9.1 The following information may be posted on the Digital Pop Affiliate programme Website:
9.1.1 The Affiliate’s identity as one of the entities that has subscribed to the Service;
9.1.2 any information (other than information expressly marked as being confidential) that is disclosed by the Affiliate to Digital Pop.
9.2 In order to enable Digital Pop to improve, promote and/or market the Affiliate programme, Digital Pop may produce statistics or summaries relating to the use of the Affiliate programme. None of this information shall identify the Affiliate.
9.3 Digital Pop may contact the Affiliate by email, telephone or post for feedback regarding the Affiliate programme.
9.4 Digital Pop shall keep all information submitted by the Affiliate confidential except as provided within this Agreement.
9.5 The confidentiality obligations in this clause 9 shall not apply to the following information:
9.5.1 any information which comes into the recipient party’s possession (from someone other than the party disclosing the information in question) with no obligation of confidentiality attached;
9.5.2 any information which is disclosed with the prior approval of the disclosing party;
9.5.3 information which is either in the public domain or comes into the public domain through no act or omission of the party receiving the confidential information.
9.6 The Affiliate shall keep all information disclosed to the Affiliate by Digital Pop relating to Digital Pop’s business confidential unless one of the exceptions stated in clause 9.5 shall apply.
10 TERM AND TERMINATION
10.1 This Agreement shall commence on the date of this Agreement.
10.2 This Agreement may be terminated by either party at any time if one month’s written notice is given.
10.3 Either party may terminate the Agreement immediately if the other party is in breach of its obligations. In accordance with clause 7.4, if Affiliate is in breach, Digital Pop shall retain any Commissions that would otherwise be due to the Affiliate.
10.4 If the Affiliate accepts that if it (as a member of the Affiliate programme) acts fraudulently then Digital Pop shall terminate the agreement and in addition to the provisions of clause 10.3 will also be entitled to retain the balance in the Account.
10.5 The termination of this Agreement shall not limit the enforceability of any of the rights or obligations of the parties that accrued before the termination date.
11 CONSEQUENCES OF TERMINATION
11.1 Upon the termination of the Agreement, the Affiliate shall immediately remove all Links from its sites. The Affiliate shall not be entitled to any Commission made on sales after the termination date.
11.2 Clauses 9.6 and 11.3 shall survive the termination of this Agreement.
11.3 The Affiliate shall acquire no rights following the termination of this Agreement to use any (1) registered or unregistered trade marks or design rights (2) domain names (3) any text, or images, banners (4) any other works created by or for the Merchant's Website.
12 GENERAL
12.1 This Agreement is personal to Affiliate.
12.2 Except as provided for in clause 7.1, all notices proceedings or other formal documents to be served by either party on the other shall be delivered by hand or by recorded delivery to the other’s address and all notices shall be deemed to be received upon delivery.
12.3 This Agreement sets out the entire agreement and understanding between the parties. No other representation or statement (excluding those which are fraudulent), whether or not in writing, shall form a term of this Agreement.
12.4 Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
12.5 This Agreement is governed and construed in accordance with the laws of England. The parties submit to the exclusive jurisdiction of the English courts.
12.6 No third party shall acquire rights pursuant to the Contracts (Rights of Third
Parties) Act 1999.
CODE OF CONDUCT
This Code of Conduct (as amended from time to time by Digital Pop) is part of this Agreement. If an Affiliate breaches these rules, then Digital Pop may terminate the Agreement or the Affiliate’s participation in the affiliate program. Pursuant to clause 10.3, Digital Pop may also withhold Commissions from the Affiliate.
1 Content of Site
1.1 An Affiliate may place Links on its own Website(s), after providing the domain name(s) of those site(s) to Digital Pop. If an Affiliate seeks to place Links in any other location, the Affiliate must provide that location to Digital Pop and obtain Digital Pop’s permission for the use of such placements.
1.2 The Affiliate agrees not to provide Digital Pop with any information or material that infringes the rights of any other person (including any intellectual property rights). The Affiliate further acknowledges to at all times respect the intellectual property and other rights of Digital Pop.
1.3 Affiliate’s Website(s) must reflect favourably on Digital Pop's clients. Affiliates agree not to provide, promote, distribute, place or otherwise publish any content which is libellous, defamatory, obscene, pornographic, abusive, or otherwise objectionable, fraudulent or violates any law. Affiliates further agree not to place Links on any Websites that are pornographic (or display pornographic material or advertisements); that promote or
condone violence, bigotry or hatred; or that promote any illegal activity including (but not limited to) cracking, ROM or emulator sites, or hacking. As Digital Pop is not in a position to review all information provided or used by Affiliates, each Affiliate remains solely responsible for the content of its website.
1.4 Affiliate Website(s) must conform to good advertising practices. Affiliates must not support, advertise, or promote downloadable advertising software (commonly known as “adware” or “spyware”), whether by promoting those applications on Affiliate Website(s) or in any other way.
1.5 Affiliates must ensure that any information on the Affiliate’s website which refers to any Digital Pop's services is accurate, comprehensive and not misleading.
2 Manipulation of the Affiliate programme
2.1 Affiliates must act ethically and reasonably in their use of the Affiliate programme and their provision of Visitors to the Merchant's Website. Affiliates must not do anything (or cause or permit anything to occur) which will cause Digital Pop to pay Commission to an Affiliate on sales which the Affiliate did not procure legitimately.
2.2 A commission is only due to an Affiliate when the Affiliate procured a Visitor who actually and intentionally access the Merchant's Website by means of a Valid Click from an Affiliate Property.
2.3 Affiliates must not use spyware, adware, malware, robots, forced clicks, automatic openings, automatic cookie dropping, or cookie stuffing.
2.4 Each Affiliate is responsible for the quality and origin of the traffic it provides to the Merchant's Website. Pursuant to clause 1.1 of this Code of Conduct, traffic origins must be disclosed to Digital Pop. Even if Digital Pop grants an Affiliate permission to acquire traffic through third party suppliers, the Affiliate remains responsible for the quality and origin of that traffic.
2.5 Affiliates must not place any software on a Visitor’s personal computer which may override cookies or promote or display Links (whether “adware,” “spyware,” “shopping assistant,” “price comparison,” “reminder,” or otherwise), nor may Affiliates use any such software placed by others.
2.6 Affiliates must not purchase, license, or operate any domain name which is confusingly similar to the URL of any Merchant’s Website.
2.7 These prohibitions are not exhaustive. If an Affiliate violates the spirit of these requirements, or if Digital Pop otherwise regards an Affiliate’s behaviour as unethical, Digital Pop may terminate that Affiliate’s participation in the Affiliate programme and withhold Commissions pursuant to clause 10.3 of the Affiliate programme Agreement. Digital Pop’s decision in this regard will be final and not subject to scrutiny or challenge.
3 Other
3.1 Affiliates are requested to adhere to our strict PPC policy. Digital Pop Affiliates should not register or attempt to register any trade marks or names that contain or are deceptively similar to the Merchant's Brand name or any other related brands, logos or trade marks.
3.2 Compliance with the European directives is required from our affiliates. Find more details here: http://www.spamlaws.com/
By signing this agreement I agree to all the conditions above and including entering into a self-billing invoice agreement with Digital Pop Limited as highlighted in section 5.9.
That's it! If you got this far well done, go and have a cup of tea you deserve it!