TotelFootball Affiliate Service Terms & Conditions
The terms and conditions below relate to joining the TotelFootball Affiliate Programme (“TAP”). TotelFootball (“TF”), a company registered in Ireland under Company Number 318252 and having its principal place of business at Unit 5, Tom Crean Centre, Kerry Technology Park, Tralee, Co. Kerry, Ireland.Acceptance of the terms and conditions below allow a connection to the TF website to be offered to users of the Affiliate’s website in order to be able to use and benefit from the products and services provided therein by TF. It is important that you understand both the benefits and the limitations of the TAP. By opening an affiliate account you are deemed to have read and accepted these Terms which constitute a legally binding agreement between you and TF.
TF Rights and Obligations
Registration of Affiliate Customers
Subject to the terms set out herein, TF agrees to register the Affiliate’s Customers to its service and agrees to track their bets. By opening an account with TF, these customers (“Customers”) will be bound to the TF rules, policies and terms.
Track Customer Bets
TF will track Customers' bets and play making available to the Affiliate regular reporting via the affiliate reporting system. Reporting will be subject to over-riding obligations of confidentiality or data protection issues.
Right to Modify Terms
TF reserves the right to modify, vary or amend any of the terms and conditions contained in this Agreement or replace them at any time and at its sole discretion. This will be done by posting a new agreement on the TF site. If any modifications are unacceptable to an Affiliate, then their only recourse is to terminate this Agreement.
Affiliate Rights and Obligations
Linking to TF
The Affiliate agrees to prominently incorporate and continually display the most up to date links provided to you by TF. The Affiliate may link using banners, from within e-mails or articles or with a text link.
White-labelled Solution
This agreement does not allow the Affiliate to promote a white-labelled version of the TF service. Authorisation for a white label solution requires a separate signed contract.
Gaming Regulation
The Affiliate must not implement marketing and/or public relations strategies which infringe any applicable laws, regulations or codes of practice having jurisdiction in the territories in which you market the service.
Rakeback
The Affiliate must not offer any so-called "rake-back" schemes or similar which offers or allows a proportion of the player's pool bets to be returned to the player in any form.
Affiliate Site
The Affiliate must not use any means to promote sites which resemble in any way the look and/or feel of the TF Site.
Chat Rooms / Forums
The Affiliate shall not post messages regarding TF and any of its URL’s to any newsgroups, chat rooms and/or bulletin boards without first seeking the permission of TF.
Registering of Domain Names
The Affiliate shall not register any domain name similar to any brand name or domain name used by TF or a misspelling of any TF brand name or domain name used by TF.
Responsibility for Affiliate Site
The Affiliate retains sole responsibility for the operation and maintenance of its site. TF cannot be held liable for any materials posted on the Affiliate site in any way.
Revenue Share & Payments
In this section we outline the details of the payment mechanism which applies to the Affiliate. This will be indicated on the TAP Application or as agreed with your Affiliate account manager.
Revenue Share
The Revenue Share earned by the Affiliate is a percentage of the total amount bet by the Customers referred by the Affiliate to TF. The revenue share will be indicated on the TAP Application or as agreed with your Affiliate account manager.
Worked Example
Number of players referred to TF from your site
| = 50
|
| Average spend per game by each member | = €20 |
Average games each month
| = 8
|
Total spend over month
| = €8,000
|
Affiliate share of total pool rake | = (€8,000 x 0.29 x 30%)
|
| | = €456 |
Date of Payment
We make every effort to process payments by the 15th day of every month.
Minimum Payment Amount
The minimum payment for an online payment is set at €50. For Bank Transfer the minimum payment is set at €200.
Intellectual Property
Use of TF’s intellectual property shall not be permitted other than with the prior written consent of the TF. Intellectual property shall include any current and/or future intellectual property rights in the TF service or the website (whether registered or not) including TF’s data and its customer data, any copyrights, trademarks, business names, brand names, service marks, rights in goodwill or to sue for passing off, unfair competition rights, moral rights, domain names, rights in logos and get-up, inventions (including without limitation any improvement or addition to any invention), rights in confidential information, trade secrets and know-how, registered and unregistered design rights, patents, utility models, all rights of whatsoever nature in computer software and data and rights in databases and all applications for registration, reversions, renewals and/or extensions in relation to any of the above and all intangible rights and privileges of a nature similar, analogous or allied to any of the above in any part of the world whether vested or contingent.
Termination
TF shall be entitled to summarily terminate this Agreement in writing if the Affiliate is in material breach, is insolvent or is the subject of any insolvency proceedings or procedure in any jurisdiction. TF shall also be entitled to terminate this Agreement if it becomes unable to provide all or any part of the Service.
The Affiliate shall be entitled to terminate this Agreement if TF is in material breach of its responsibilities.
On termination of this Agreement, the Affiliate shall immediately cease using the TF service and the intellectual property and any confidential information provided to the Affiliate pursuant to this Agreement and return to TF all materials or documents, disks or any other medium, whether or not eye-readable, on which Data and any confidential information provided to the Affiliate pursuant to this Agreement.
Liability
TF's maximum aggregate liability to the Affiliate under this Agreement shall be limited to €10,000. TF shall not be liable to the Affiliate for any consequential damage, loss of profits or damage to reputation suffered by the Affiliate. Neither party’s liability for death or personal injury resulting from its negligence and for fraud shall not be limited or excluded to any extent.
Governing law
This Agreement shall be governed by the law of Ireland. The Irish and Jurisdiction courts shall have exclusive jurisdiction in respect of any dispute.
Confidentiality
The parties to this agreement shall keep in strict confidence all technical or commercial know-how, information concerning affiliate arrangements, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed between the parties, their employees, agents, consultants or subcontractors and any other confidential information pursuant to or in connection with this agreement.
Partnership
Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way.