CONDITIONS OF THE PARTNER PROGRAM OF TIPSPORT SK, A.S.
1. Introductory Provisions
1.1. The operator of this program is TIPSPORT SK a.s., company reg.-no.: 36436861, VAT: 2022093150, with its registered office Žilina, J.Kalinčiaka 14, Postcode 010 01, entered in the Commercial Register maintained by the Municipal Court in Žilina, section Sa, insert no. 10502/L (hereinafter referred to as „Tipsport“).
1.2. Within this program, the partner is an individual or a legal entity (hereinafter referred to as the „Partner“) administrating and operating one or more websites (hereinafter referred to as the „Partner Website“) which is interested in the promotion of the website of Tipsport, in accordance with these General Commercial Terms and Conditions of the partner program (hereinafter referred to as the „Conditions“).
1.3. The TIPSPORT SK a.s. partner program (hereinafter referred to as the „Partner Program“) is accessible to all Partners approved by Tipsport in accordance with clause 3.1 hereof.
1.4. The subject of this contractual relationship is placing links and other means of advertising provided by Tipsport on the Partner Website for the purpose of the establishment of the advertising cooperation with the mutual benefit of the contracting parties to these Conditions.
2. Subject of the Contractual Relationship
2.1. Tipsport makes available to the Partner the selection of means of advertising, i.e. logo, banners, text links, odds and others.
2.2. By placing one or more means of advertising on the Partner Website, the Partner enables the users of its website to come to websites of Tipsport directly. By using the allotted link codes, Tipsport identifies customers which come over the link on the Partner Website.
2.3. Tipsport is authorized to change or restrict the means of advertising or to make new means of advertising available anytime.
3. Course of the Contractual Relationship
3.1. To enable the Partner to participate in the Tipsport Partner Program, it has to register by completing and sending a form available on the website www.tipsport.sk/partner. The registration form must include only truthful data. Tipsport shall be entitled to accept or refuse the application without stating any reasons. The Partner shall be informed by e-mail whether an application form for the Partner Program has been confirmed.3.2. Tipsport shall monitor all transactions and activities of customers brought by the Partner over the Partner Website and shall create a regularly updated statistical overview for the Partner. This overview shall be available to the Partner after log-in on the websites of the Tipsport Partner Program. For purposes of these Conditions, a customer shall be understood a visitor of the Partner Website which registers for online betting of Tipsport after it comes over the means of advertising provided to the Partner after the registration for the Partner Program and placed on the Partner Website.
4. Calculation of the Commission
4.1 As long as all particulars defined in these Conditions are fulfilled, Partner is entitled to get a commission in the amount of 30% to 50% of net profit that Tipsport generates by their customers who came through the Partner's website, opened an account on the Tipsport website and closed a bet for real money.
4.2 The amount of the commission is graded in several tiers depending on the number of New depositing customers who came through the Partner's website, opened an account on the Tipsport website and made their first deposit on the betting account. The more depositors Partner brings in a given month, the higher commission Partner gets the following month. The commission rates are based in a below-described manner:
|New depositing customers||Commission|
|0 – 3||30 %|
|4 – 8||38 %|
|9 – 15||41 %|
|16 – 30||45 %|
|31 and more||50 %|
If in the month following the rise of the commission Partner brings a lower number of clients with the first deposit the amount of commission will decrease in the following month to relevant value as stated in the above table. Example: Partner brings 8 clients in January who make their first deposit on their betting account. According to that, Partner's commission increases in February to 38% according to the above table. In February Partner brings only 2 new clients who make their first deposit on their betting account. In December Partner's commission hence returns to the initial value according to the above table.
4.3 The company Tipsport reserves the right to eliminate Partner anytime from the motivation program and set the commission to the standard value of 30%.
4.4 Partner does not get entitled to the commission in case the customer is recommended and brought to the Tipsport website within the „Bring a friend“ program. Partner is further not entitled to the commission whenever Tipsport only suspects that any client brought by Partner which Partner should have the commission from, is somehow connected to Partner according to these Conditions or acts in accordance with Partner, or it is actually Partner itself. In case of such fraud acting on the part of Partner, Partner is obliged to return any commission paid out to Partner within the Partnership program, if Tipsport asks Partner to do so, within 10 days following the delivery of such call by email or in another suitable manner. Partner hereby acknowledges that the above-described behavior can be qualified as a criminal offense or attempt for one if the legal definition of crime or attempt for crime is met.
4.5 Payment of the commission is limited to 1 year from registration of the customer.
4.6 The Operator is entitled to alter the rules for receiving the commission, as well as the amount of the actual commission, at any time without prior notice.
4.7 If the Partner and Tipsport have agreed on other conditions concerning the amount or method of payment of this commission, this agreement shall take precedence over the general rules laid down in these Conditions.
4.7 The Commission is calculated as the percentage proportion of the net revenue from the customer which has registered on the Tipsport websites in accordance with clause 3.2 hereof. Net revenue from the customer shall be understood revenue before taxation generated by the customer after deduction of (i) taxes and charges, (ii) license fees, (iii) marketing and administrative costs, (iv) costs of transactions and (v) betting or depositing bonuses. Revenue before taxation generated by the customer is equal to the difference between the accepted deposits and payment of winnings. Canceled bets or other incorrect transactions that were rectified later are also taken into consideration in the calculation of the revenue from the customer before taxation. The revenue from the customer before taxation includes only bets made in respect of the online odds betting game or odds betting game.
4.8 A commission shall be recognized to the Partner only from accounts registered by using its partner code within 30 days after clicking on the advertising element. The Cookie file is valid for 30 days.
4.9 Net profit from a customer means gross profit generated by Tipsport from a customer after the deduction of (i) taxes, fees and other similar payments defined by relevant legal regulation, (ii) license fees, (iii) marketing and administration expenses, (iv) costs on transactions and (v) in betting or deposit bonuses or other bonuses, alternatively of other expenses demonstrably paid by Tipsport.
5. Payment of Commission
5.1 The minimum amount for payment of the advertising commission for a calendar month is 30€ excluding VAT. In case of lower earnings, the amount shall be transferred do the following month and the Partner may ask for a payment, once its total commission exceeds the amount of 30€. The maximum limit is not specified.
5.2 The commission shall be paid out to Partner only provided that at least three (3) players who had come via the Partner website and opened an account on the Tipsport website closed a ticket last month. Should Partner fail to meet that condition, the commission will not be paid to him, and will be transferred to the following month. The commission can be transferred in the above described manner until Partner meets all the condition resulting from the present contract.
5.3 The Operator will provide the Partner with a statement of accounts for the last calendar month after logging onto the Partner Programme website (www.tipsport.sk/partner) always by the 6th day of the month following the calendar month for which the commission is calculated.
5.4 Monthly commissions are cumulated and the Partner may ask for payment of its commission anytime according to its discretion, however, after conditions included in clauses 5.1. and 5.2 are fulfilled.
5.5 Should the customers brought by the Partner generate a loss for Tipsport for the respective calendar month, for the purposes of the calculation of the total commission, a zero commission shall be considered for this month. A negative commission generated in the respective calendar month shall not be deducted from the total generated commission in the previous months and it shall not be transferred to the next calendar month.
5.6 The commission shall be paid to the Partner based on a tax certificate (an invoice) which the Partner shall make out after the conditions included in clause 5.1 are fulfilled and it shall send it to the e-mail firstname.lastname@example.org. The maturity date of the tax certificate (invoice) shall be thirty (30) days from its provable posting to Tipsport. The commissions for payment within the Partner program are displayed to the Partner without value-added tax. Should the Partner have any claim regarding the commissions and statement, it has to inform Tipsport within 8 days at the latest after a statement of commissions for the respective month was made accessible to it.
5.7 If the Partner does not agree with the amount of the commission that was calculated by Tipsport, it is obliged to notify Tipsport within ten (10) days following the disclosure of the accounting statement to the Partner in the secured section of the Partner Programme Site electronically to the e-mail address email@example.com, whilst the Partner is also obliged to give all the reasons for disputing the calculation of the commission. If the Partner does not dispute the amount of the commission within the term specified in this article, the Partner is considered to agree with the amount of commission.
5.8 Partner is obliged to send an invoice for a commission for a calendar year even if it does not meet points 5.1 and 5.6 of these conditions by February 15th of the following year (international partners by January 25th). Otherwise, the commission on the partner account will be reset.
6. Rights and Obligations of Tipsport
6.1 Tipsport has the right to immediately terminate the co-operation with the Partner without the possibility of an appeal if it has the suspicion that the Partner makes use of links to any type of the spam or if it promotes a service of Tipsport in a manner which is contrary to these Conditions.
6.2 All costs associated with the generation of means of advertising shall be paid by Tipsport.
6.3 Tipsport provides the Partner with proper link and advertising tools. Tipsport is entitled to modify or change unilaterally all such materials at any time.
6.4 Tipsport reserves the right to refuse Partner's participation in the Partnership program as per their sole discretion, i.e. especially not to accept Partner as a partner, or eliminate it from the Partnership program anytime, and terminate the contractual relationship with it in the manner described under 8.1.
6.5 Tipsport keeps files of revenue from brought customers, calculates partner commissions generated by using partner links and makes available to the Partner the regularly up-dated performance statistics of its campaigns.
7. Rights and Obligations of the Partner
7.1 The Partner declares that the information with which Tipsport has been provided in the online application is truthful and complete. Should any information be changed, the Partner is obliged to immediately update this information.
7.2 The Partner declares that it operates the Partner Website in its own name and is fully authorized to fully dispose of this website.
7.3 The Partner shall pay all costs associated with the implementation of means of advertising on the Partner Website and costs associated with displaying the means of advertising.
7.4 The Partner may use only graphics and materials generated in the Tipsport Partner Program and may not modify these means of advertising in any way.
7.5 The liability for development, operation, maintenance and contents of the Partner Website shall be exclusively borne by the Partner. The Partner shall be liable for the fact that the content of the website is not offensive, defamatory or illegal. In such cases, Tipsport waives any liability. The Partner is further obliged to indemnify Tipsport for all claims, damages, and costs (including unlimited legal costs) which will arise out, directly or indirectly, from the development, operation, maintenance, and content of the Partner Website.
7.6 The Tipsport Partner Program is designated only for the participation of registered and approved Partners and Partner Websites. The Partner may not open partner accounts on behalf of other participants. Opening of a partner account for a third party, intermediation of a partner account or transfer of an account shall not be accepted.
7.7 The Partner may not open more than one partner account without the prior written consent of Tipsport. Within one partner account, the Partner may use and maintain more Partner Websites. At the same time, the Partner may not obtain the commission for its own betting account or a betting account of a party who is in any family relationship with the Partner.
7.8 If these Partnership program conditions are misused by Partner, even though just in the phase of attempt, especially if Partner attempts to get or gets unauthorized commission, or if Tipsport suspects it of any unfair or fraud acting of Partner, which includes even any unfair or fraud acting connected to Partner or in a harmony acting brought customer, Tipsport is entitled to terminate the contractual relationship with Partner immediately, whilst Partner will no longer be entitled to get any due or outstanding commission, and Partner is further obliged to return any paid commission to Tipsport if Tipsport asks Partner to do so within 10 days following the delivery by email or in another suitable manner.
7.9 The Partner shall not be authorized to present the Partner Website in such a manner that the risk of confusion with the Tipsport website or the impression that the Partner Website is a website operated by Tipsport might occur.
7.10 The Partner may not use any domain or subdomain name which might be confused with the Tipsport domain names.
7.11 The Partner acknowledges that Tipsport may anytime conclude contracts with other Partners under the identical conditions or the conditions other than ones provided towards the Partner.
7.12 The Partner may not, under any circumstances, act in a manner that might endanger the integrity of Tipsport.
7.13 The Partner is obliged to keep its user name and password in secret.
7.15 The partner may not present Tipsport on websites with sexual content.
7.16 The Partner shall use all means of advertising provided within this program in accordance with these Conditions and shall not provide any third party with them.
7.17 Any visit which has not been performed from a proper advertising space of the Partner (banner, text link, widget, etc.) shall not be recognized as coming visit leading to a recognized conversion, and it was likely redirected automatically. This act is regarded as unfair and may result in termination of the co-operation with the Partner.
7.18 Partner shall use no means to achieve an unrealistic increase of a number of views or clicks, or get cookies, including any manual methods.
7.19 Partner shall not participate in any pay-per-click programs (e.g. Sklik, AdWords).
7.19 Partner shall not embed any Tipsport pages in the iframe.
7.20 Upon sending an affiliate e-mail, the partner undertakes to meet the following rules of the e-mail communication: • The subscriber must have the possibility to unsubscribe from the newsletter anytime • The name and the e-mail address of the sender may not include the name of Tipsport. • All addresses from the database must have allowed the subscription of newsletters from the Partner (to not send spam) • The Partner is obliged to make use only of such e-mail addresses the owners of which are older than 18 years. • An e-mail must not include false or misleading information • An e-mail must not include malicious software or attachments • An e-mail must include visible information that this is not the case of a standard communication of Tipsport • The Partner should promote services and events which are mentioned in the e-mail templates, or, where appropriate, recommended by the affiliate manager • The Partner may use only the graphics and materials obtained from the Tipsport Partner Program and may not modify these means of advertising in any way • The Partner shall not be authorized to present the Partner Website (or e-mail communication) in such a way that the risk of confusion with the website Tipsport or the impression that the Partner Website is a website operated by Tipsport might occur • The Partner may not use any domain or subdomain name which might be confused with Tipsport domain names • The Partner shall make use of all means of advertising provided within this program in accordance with these Conditions and shall not provide any third party with them • The Partner may not act, in any circumstances, in such a way in which it could endanger the integrity of Tipsport • In case of a breach of some of the above-mentioned rules, Tipsport reserves the right to terminate the co-operation without entitlement to payment of the commission
7.21 Partner may place on its website only those banners, which were uploaded onto the affiliate program after January 1, 2017, and contain notifications of the Ministry of Finance. Partner is obliged to provide additional promotional elements (text links, widgets, HTML templates and information from feeds) with the pictogram 18+ and the phrase „The Ministry of Finance warns: Participation in gambling may be addictive!“ The absence of those elements, their poor visibility on the web or using old banners that do not meet the regulatory requirements, will be considered a gross violation of these conditions, as of § 5j of the Act No. 40 / 1995 Coll., on Advertising Regulation, as amended.
7.22 Tipsport can share confidential information with the Partner during the duration of this Agreement relating to the business, the operation, the technology used, or the Partner Programme. The Partner agrees not to make available and not disclose any confidential information to third parties without the prior written consent of Tipsport, and to use the confidential information only in its own favor. The obligations of the Partner related to confidential information will remain in force even after the termination of the Partner’s membership in the Partner Programme.
8. Validity and Termination
8.1 Partnership program represents a contractual relationship between Tipsport and Partner based on a procedure described in clause 3.1 of these Conditions that are binding for every party to this contractual relationship, and that Partner expresses its consent with by its signing up to the Partnership program. As a contractual relationship, the Partnership program has been concluded for an indefinite term, and each party it is entitled to terminate it anytime by email or in another suitable manner without stating a reason.
8.2 Any termination of the Partnership program does not deprive the parties to this contractual relationship to fulfill their obligations as per these Conditions, especially as concerns a potential obligation of Partner to return to Tipsport any paid out commission that Partner lost the right to according to these Conditions.
8.3 Upon the termination of the Partnership program, Partner is obliged to remove any commercial means of Tipsport off its website.
9. Guarantees and Consequences
9.1 Tipsport provides, within the Partner Program, no guarantees in relation to the calculation and payment of advertising commissions.
9.2 Tipsport shall not guarantee that the operation of the company websites will not be interrupted, or it will be free of errors. The Operator shall not be liable for any consequences of the possible interruptions of the operation or errors if they occur.
9.3 In case of discrepancies between the records in the Partner Program (www.tipsport.sk/partner) and the Tipsport database, records from the database shall be regarded as correct.
10. Limitation of the Liability
10.1 Tipsport shall not be liable for direct, extraordinary or subsequent damages (or any losses of revenue, profit or data) incurred in association with this arrangement relating to the Partner Program.
10.2 The total liability of Tipsport arising from this arrangement and the Partner Program shall not exceed, according to this arrangement, the total amount of the advertising commission paid or to be paid.
10.3 Any liability arising from this arrangement shall be settled by advertising commissions and is limited to the direct damages.
11. Final Provisions
11.1 Tipsport reserves the right to make any amendment to the Conditions of the Partner Program anytime and without prior notice, or, where appropriate, to suspend or close this program.
11.2 A notice of the change or the newsletter shall be published on the websites of the Partner Program and in these Conditions. Modifications may include e.g. changes in the extent of the offered commissions and further changes in the rules of the Partner Program.
11.3 In case of any disputes regarding any Partner Program in any way, the statement of Tipsport shall be decisive.
11.4 The Partner confirms by its participation in the program that it has read these Conditions and agrees to them to the full extent.
11.5 These Conditions shall come into force on 26.3.2018