Cloudbet Affiliates Terms & Conditions
www.Cloudbet.com is licensed to conduct online gaming operations by E Gambling Montenegro d.o.o. (81000 Podgorica, Moskovska br. 65., reg. no. 5-0615951) in cooperation with TIGER TREE HOLDINGS d.o.o., Cetinje, Njegoseva br. 97.
By completing the affiliate application to the Cloudbet affiliate program (the "Affiliate Program") and therefore agreeing to the terms and conditions (the “Terms”)”, you (hereinafter the "Affiliate") hereby agree to abide by all the terms and conditions set out in this Agreement. Cloudbet.com reserves the right to amend, alter, delete or extend any provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the Terms set out in this Agreement. You hereby comply with:
1. Our rights and obligations
1.1 Register your customers
We will register your customers and track their transactions. We reserve the right to refuse customers (or to close/block their accounts) if necessary to comply with any requirements we may periodically establish. "Customer " means your visitors who joins our customer database (by way of registering at Cloudbet.com) after arriving at the applicable site via one of your click-through URLs, which will be provided to you when you join. By opening an account with us, they will become our customers and, accordingly, all of our rules, policies, and operating procedures will apply to them. Cloudbet accepts global players, restricting player registrations only from the United Kingdom, Hong Kong, and Singapore.
1.2 Track Customers' Play
Cloudbet will track your customers' bets, turnover, and revenue, and making this real-time data available to you through our Cloudbet affiliates interface.
1.3 Pay a Referral Commission
Cloudbet will pay you referral commission ("Referral Commission") based on your commission scheme;
Full Rev Share
– 30% commission paid on all revenue generated across our sportsbook, casino, and live casino
Hybrid Rev Share/Turnover-based Commission
– 30% commission paid on all revenue generated through our casino and live casino, and 0.2% of all turnover volume through our sportsbook (“turnover volume” is the lesser of the amount bet and the amount that can be won on a bet)
All new affiliates will begin on Hybrid Rev Share/Turnover Based Commission for their first three months. If after three months you wish to change to Full Rev Share please contact our affiliate manager and we will consider your request on a case-by-case basis.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
1.5 Your Application
By registering to the Cloudbet affiliate programme, you will be accepting these affiliate terms and conditions.
2. Your rights and obligations
2.1 Linking to Cloudbet.com
By agreeing to participate in this affiliate programme, you are agreeing to create and maintain unique links from your site to the websites which are owned, operated or branded by Cloudbet. You may link to us with any of our banners, social posts, e-mails, articles or with a text link. This is the only method by which you may advertise on our behalf.
2.2 Minimum referral requirement
All Cloudbet affiliates are required to refer a minimum of 5 active Customers within a three month period of joining the program. Should an affiliate not reach this requirement the affiliate account may be closed, but you will have the option to open a new affiliate account.
We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
2.4 Registering of domain names
You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of Cloudbet, or any other name that could be understood to designate to Cloudbet.com.
2.5 Bidding on brand terms
You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to the Cloudbet trade mark or otherwise include the word "Cloudbet", “Cloudbet Casino”, “Cloudbet Sportsbook” or variations thereof, or include metatag keywords on the Partner Site which are identical or similar to any of the Cloudbet trade marks.
2.6 Agency appointment
By this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to any of our sites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.
2.7 Approved layouts
You will only use our approved advertising creative (banners, html mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from www.affiliates.cloudbet.com.
2.8 Good faith
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.
We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any Cloudbet offers or promotions whether with or without your knowledge. Such situations to include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.
2.9 Responsibility for your site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.
The Cloudbet affiliate programme is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by contacting us at firstname.lastname@example.org. Approval is solely at our discretion.
No affiliation can be made between your site and Cloudbet.com.
2.11 Licence to use Marks
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trade marks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
2.12 Confidential information
During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the affiliate programme (including, for example, Referral Commissions earned by you under the Affiliate programme). You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.
2.13 Data Protection
You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
3. Calculation of affiliate commission
Commission is calculated based on one of two commission structures outlined below. All new affiliates will be automatically assigned to the Hybrid Rev Share/Turnover-based Commission structure. After a period of three months you may request to be reassigned to the Full Rev Share commission structure. Decisions regarding the change from one commission structure to another will be completely at the discretion of Cloudbet affiliate managers.
Full Rev Share
– 30% commission paid on net profit generated by your referred customers across our sportsbook, casino, and live casino
Hybrid Rev Share/Turnover-based Commission
– 30% commission paid on net profit generated by your referred customers in our casino and live casino, and 0.2% of all turnover volume through our sportsbook (“turnover volume” is the lesser of the amount bet and the amount that can be won on a bet)
Example of Turnover-based Commission:
A player bets 1500 mBTC to win 1000 mBTC (decimal odds of 1.67)
- Amount risked: 1500 mBTC
- Amount that can be won: 1000 mBTC
- Turnover volume: 1000 mBTC
- Commission paid (0.2%): 2 mBTC
We offer a first deposit bonus up to 5 bitcoin. The bonus is earned when a player collects loyalty points by playing our selection of sports and casino games. If a player is award a percentage of the bonus (up to 5 bitcoin), this bonus will be deducted from the affiliates commission.
Commission is calculated and credited to or debited from your affiliate account in real time, at the time each bet is settled. Negative account balances will rollover indefinitely, until such time as your account balance exceeds 0 BTC.
Net profit is defined as:
- on sports activities, all gross monies received by us in respect of all settled bets made by customers after deducting; (i) monies paid out to Customers as winnings; (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) (iii) bad debts; (iv) fraud; (v) returned stakes; and (vi) voids and (vii) bet/deposit bonuses.
- on casino activities, the value of opening balance with the addition of funds transferred in less (i) funds transferred out (ii) closing balance (iii) credits made to users (iv) monies paid in the form of duties or taxes (or reasonable provisions in respect thereof) (v) licensing fees (vi) bad debts and (vii) fraud (viii) bet/deposit bonuses.
In the event that a referred customer claims a bet/deposit bonus, your account will immediately be debited an amount equal to 30% of the bonus amount.
We retain the right to change the referral commission percentage and method of calculation of referral commission as we wish.
4. Commission payments
In the event that we suspect fraud traffic then we may delay payment of affiliate commission indefinitely while we investigate the player and/or affiliate accounts involved.
All commission payments will be paid in bitcoin.
5. Intellectual property
We grant to you temporary permission to use our trade name, along with trade marks, banner advertisements, logos, and other marketing materials provided to your through the Cloudbet affiliate site for the sole purpose of promoting Cloudbet through your website and other online and offline media.
You may not register any domain name that contains, is confusingly similar to, or is comprised of the term “Cloudbet.”
You may not place or advertise links on any website or other medium where the content of the website or medium copies or resembles a Cloudbet website in whole or in part, disparages us or otherwise damages our goodwill or reputation.
You may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service that contain, or are confusingly similar to, the term “Cloudbet.”
6. Term and termination
The term of this agreement will begin upon your application to create an affiliate account being successfully received by Cloudbet, and will continue until either party notifies the other that it wishes to terminate the relationship. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered an immediate form of notification.
Upon termination you must remove all of our banners/icons from your site and disable all links from your site to Cloudbet. You will return to us any confidential information, and all copies of it in your possession.
We may terminate this relationship if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.
7. Relationship of parties
We and you are independent contractors and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
You shall indemnify, and hold Cloudbet, our clients, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with: the performance of your duties and obligations under this agreement; your negligence; or any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this referral programme.
During the term of this agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the affiliate programme (including, for example, referral commissions earned by you under the affiliate programme). You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this agreement. Your obligations with respect to confidential information shall survive the termination of this agreement.
We make no express or implied warranties or representations with respect to the affiliate programme, about ourselves or the referral commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any.
11. Limit of liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement or the affiliate programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate programme will not exceed the total referral commissions paid or payable to you under this agreement. Nothing in this agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this agreement. Our obligations under this agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this agreement shall be satisfied solely from the referral commission generated and is limited to direct damages.
Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement. No modifications, additions, deletions or interlineations of this agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this agreement or its terms.
13. Governing law
The laws of England will govern this agreement, without reference to rules governing choice of law. Any action relating to this agreement must be brought in England and you irrevocably consent to the jurisdiction of its courts.
14. Changes to terms and conditions
Cloudbet reserves the right to change any and all terms and conditions you see here at any time without prior notice. Such revisions and additions shall be effective immediately upon notice here within these terms and conditions. You are responsible for reviewing these terms periodically for any modification to these terms that may affect your rights or obligations.
Form Revised: 7 June, 2017.