Ball2win Affiliate Terms & Conditions Jan 2014

**ball2win_affiliate** · 3 January 2014, 8:38 am

Terms & Conditions
This agreement contains all of the terms and conditions between BALL2WIN and the individual or organization (the "Affiliate") participating in the Ball2win Affiliate Program (the "Program").

1. Enrollment in the Program

1.1 Application
To begin the enrollment process, a potential Affiliate will submit a complete Program application via our affiliate website: https://affiliate.ball2win.com; BALL2WIN may reject any application if we determine, in our sole discretion, that the submitted website is unsuitable for the Program.

1.2 Unsuitable Sites
We may terminate this agreement 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.

1.3 Duplicate Accounts
Affiliate shall not open more than one Affiliate account without prior written consent from BALL2WIN, affiliate shall not under the guise of other’s name try to control more than one affiliate account, BALL2WIN has the right to sign the cooperation of the associated account to determine. In the event a violation, BALL2WIN has the right to void all current and future play as well as eliminate any earned commissions applicable from such situation.

2. BALL2WIN’s Rights and Obligations

2.1 Register your Customers
BALL2WIN will register your customers and will track their play. Referrals are acceptable based on below prerequisite:
? Customers via one of your click-through BALL2WIN banners or URLs which will be provided to affiliate when affiliate join;
? The customer only has one BALL2WIN account;
? Must be new customer, which means the customer never has any BALL2WIN account before;
? Same customer isn’t an affiliate and a referral in same time;
? When opening account at BALL2WIN, Customers shall agree with all the terms, conditions, policies and operational protocol set out by BALL2WIN. BALL2WIN may retain the right to reject or block the accounts of the unqualified customers when it deems necessary. BALL2WIN is entitled to verify and review the customers referred by the Affiliate at any time and request the customers to provide valid identification document for identity verification purpose.

2.2 Track Customers’ Play
BALL2WIN will be able to track your Customers' play, and the monthly affiliates reports will track customer accounts generated by Affiliate's marketing efforts and any commissions earned. As a result of human error or system failure resulting in statistical error, BALL2WIN has the right to cancel and amend.

2.3 Pay Commission Fees
With the Net Gain plan and commission calculation, BALL2WIN will pay Commission Fees to eligible affiliates.

2.4 Modification
BALL2WIN may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a notice or a new agreement on our website, or by notifying the Affiliate via email. Modifications may include, for example, changes in the scope of available commission fees, commission schemes, fee schedules, payment procedures, and referral program rules. If any modification is unacceptable to the Affiliate, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our website will constitute binding acceptance of the change.

3. Affiliate's Rights and Obligations

3.1 Domain Names
Affiliates shall avoid registering (or applying to register) any domain name similar to any domain name used by or registered in the name of BALL2WIN , or any other name that could be understood to designate BALL2WIN.

3.2 Linking to BALL2WIN Websites
By agreeing to take part in BALL2WIN Affiliate Program, you are agreeing to create and maintain unique links from your site to BALL2WIN website. You may link to us with any of our banners, e-mails, articles or with a text link. This is the only method by which you may advertise on our behalf, beside of this, if you want put the link to any other place, should has agreement with BALL2WIN.

3.3 Minimum Referral Requirement
All BALL2WIN affiliates are required to have a minimum of 2 eligible active Customers monthly (if a member played in Sportsbook, Casino and other gaming product, only counted as 1 customer). The customer only place fun money will not be counted in.

The definition of an eligible active customer need refer to Clause 2.1 (register your customer) and who deposits and successfully wagers in BALL2WIN Sportsbook or Casino, or other gaming product and makes at least 1 bet within the month.. In the event that we discover any affiliates, members and /or connected parties displaying any suspicious behavior or activities (eg. collusion, hedging or placing small bets among a small group of members) with the sole intention to receive/be eligible for commission, we reserve the rights to take any action including but not limited to cancelling of commission, termination of cooperation etc. BALL2WIN will investigate and judge each case and appeal on its own merit.

3.4 Legitimate betting
Your customers may not use any equipment, automatic equipment, software, program, or other similar methods of non-legitimate bet, we reserve the rights to take any action including but not limited to cancelling of commission, and termination of cooperation etc. BALL2WIN will investigate and judge each case and appeal on its own merit.

3.5 Spamming
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.

3.6 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 any of BALL2WIN trademarks or otherwise include the word " BALL2WIN", “搏胜” or variations thereof, or include meta tag keywords on the Affiliate site or other promotion methods which are identical or similar to any of BALL2WIN’s trademarks or keywords.

3.7 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 fees and commission or other compensation on business secured by or through persons or entities other than you.

3.8 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 https://www.ball2win.com The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our sites.

3.9 Advertisements
Affiliate shall continually display our banners and text link on your website that makes reference to BALL2WIN without first submitting such material to BALL2WIN and receiving our prior written consent, which shall not be unreasonably withheld. If affiliate removes BALL2WIN banner, text link or any promotion activities from affiliate’s website, this action will be deemed as the termination of the affiliate partnership, and BALL2WIN has the right to refuse to pay the commission.

3.10 Good Faith
You will not knowingly benefit from suspected or known traffic not generated in good faith whether it actually causes us damage or not. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable reasons to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold Commission regarding such traffic.

We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be tampering with or abusing any BALL2WIN offers or promotions whether with or without your knowledge. Such situations are including but not limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.

3.11 Advertisement Responsibility
Affiliate shall commercially use best efforts to advertise actively and effectively, market and promote BALL2WIN as widely and aggressively as possible in order to maximize the financial benefit to both Affiliate and BALL2WIN. Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law and which reflect positively upon the business reputation of BALL2WIN. Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of BALL2WIN to their customers.

3.12 Attornment
You shall not open an affiliate account in the name of other persons’. We do not accept any deeds of opening or attorning an affiliate account for any third party without our consent.

3.13 Affiliation
No affiliation can be made between our site and your site.

3.14 License to use Marks
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our trade name, trademarks, 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 license 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 license. You shall not assert the invalidity, unenforceability, 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.

3.15 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 Program (including, for example, Commissions earned by you under the Affiliate Programe). 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. Affiliate is still obliged to keep the information confidential even after the termination of this Agreement.

4. Commission Fees

4.1 Commission Plan for Direct Sponsoring Players
BALL2WIN will pay the Affiliate a percentage of the combined monthly Net Gain for Sportsbook, Casino and Other gaming product play generated as a result of a direct referral by the Affiliate, Net Gain is: Company Sportsbook, Casino and other gaming product gross profits from bets made from customers’ losses deduct monies paid out to Customers as fraud, charge-backs, bonuses and other incentives offered to the Customer. Referral’s fees and commissions are based upon our good faith calculation based on our statistics and tracking methods.

Level Grade	Active Players	Net Gain ( All Products)	Commission (%)
1	2 -5	USD 1-499	10%
2	6-10	USD 500-29999	25%
3	11-15	USD 30000-49999	35%
4	16 and above	USD 50000+	40%

Commission Rate chart (BALL2WIN interpretation basis as final and binding)

4.2 Sponsor Agents/Affiliates
Besides directly sponsoring players, you also can earn commission by sponsoring agents/affiliates. The eligible affiliate is entitled 5% of net gain from your direct sponsored affiliate/agent’s players. To enjoy this, you need to sponsor at least one qualified affiliate/agent. Net Gain please refer to clause 4.1.

4.3 Commission Fee Payouts
? BALL2WIN shall calculate commission monthly; commission earned for the month will be computed in the system by 3rd day of next month and paid out within 14 days, in accordance with this Agreement. Minimum amount to withdraw is USD10 or equivalent. If your commission is not big enough, you can accumulate until it’s sufficient.
? We can make payments to a nominated BALL2WIN account - recommended, the fastest and easiest way to withdraw money via your choice of any of the payment methods supported by BALL2WIN.com. Or you can choose Bank Wire. We will not charge you any cost, but your bank may do. The currency we will choose the same as your BALL2WIN account.
? Negative earnings are not carried forward to the next month. Should the Affiliate close the month with a positive balance, payment will be issued if it meets the minimum requirements and commissions will be paid on the positive balance. Should the Affiliate close the month with a negative balance, affiliates will not get any payment; the next month the affiliate’s earning will set from zero;
? Commission will pay to eligible Affiliate. An eligible affiliate is defined as an Affiliate who remains in good standing and promotes BALL2WIN to the best of their ability and complies with all rules and provisions and who maintains a minimum of 2 eligible wagering customers per month. Affiliates who don’t archive this standard won’t receive commission, and because of this, BALL2WIN has the right to terminate the affiliate account.
? If a Customer registered through an Affiliate is banned from play for any reason, and BALL2WIN has to return any deposited money to the Customer, BALL2WIN will not pay Affiliate for the revenues generated by a banned Customer. If a Customer registered through Affiliate is being investigated for credit card, bank information or address verification, BALL2WIN will withhold payments of profits generated from that Customer until the investigation is completed.

5. Terms & Termination

5.1 Terms
The term of this Agreement will begin upon BALL2WIN's written confirmation of your acceptance into the Affiliate program. Either BALL2WIN or Affiliate may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination by email to affiliate@ ball2win.com (to Affiliate Manager). Affiliate performance will be reviewed at any time, based on the date of acceptance of your Program application. BALL2WIN has the right to terminate the agreement without prior notice if Affiliate breaches any terms or conditions of this agreement.

5.2 Upon termination
? All rights and licenses granted to Affiliate shall terminate immediately.
? Affiliate will be entitled to unpaid commission fees, if any, earned by on or prior to the date of termination. Affiliate will not be entitled to revenue share from new signed up clients after the date of termination.
? If BALL2WIN continues to permit activity (generation of revenue) from Affiliate's customers after termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.
? Affiliate will return to BALL2WIN any confidential information, and all copies of information in your possession, custody and control.
? Affiliate and BALL2WIN will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.

6. Relationship of Parties
BALL2WIN and Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of BALL2WIN. You will not make any statement, whether on your site or otherwise, that construes you have the right to represent BALL2WIN.

7. Indemnity
Affiliate shall defend, indemnify, and hold 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 (a) any breach of warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Affiliate Program.

8. Disclaimers
BALL2WIN makes no express or implied warranties or representations with respect to the Affiliate Program, or referral fees and commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site or our Clients' sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

9. Limitation of Liability
BALL2WIN 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 commission program, even if we have been advised of the possibility of such damages. In addition, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commission fees paid or payable to Affiliate 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, officers, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the commission fees generated and is limited to direct damages.

10. Independent Investment
Affiliate acknowledges that you have read this agreement and agree to all its terms and conditions. You understand that BALL2WIN may at any time directly or indirectly solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this affiliate program and are not relying on any representation, guarantee or statement other than set forth in this agreement.

11. Governing Law
This Agreement will be governed by the laws of Curacao, without reference to rules governing choice of laws. Appeals from the Curacao courts are to the Netherlands Supreme Court in Hague.

12. Assignability and Inurnment
Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent of BALL2WIN. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against Affiliate and BALL2WIN and our respective successors and assigns.

13. Non-Waiver
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 RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

14. Remedies
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.

15. Severability/Waiver
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

16. Authoritative version
If this Agreement is translated, the English language text shall prevail. Any other document provided in connection with this Agreement shall be in English or there shall be a properly prepared translation into English and the English translation shall prevail in the case of any conflict between them.

January 2014, Ball2win Team.

P.S.
Our affiliate website (https://affiliate.ball2win.com will update accordingly ASAP. And if there is any discrepancy, please email us [email protected] or PM me.

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