General Terms and Conditions
138.com Affiliate Program and Agreement
- Company's Rights and Obligations
- Register your Players.
We will register/approve your Customers and track their transactions. We reserve the right to refuse Customers, if necessary to comply with any requirements. "Players" means your visitors who joins our customer database (by way of registering at one or more of our products/websites including Sports, Casino, and Financial betting) after arriving at the applicable site(s) through one of your click-through URLs, which will be provided to you when you join. By registering an account with us, they will become our Players and, accordingly, all of our rules, policies, and operating procedures will apply to them. 138.com does not accept players from the following jurisdictions: Afghanistan, Albania, Angola, Australia, Belgium, Bosnia and Herzegovina, Bulgaria, Burundi, Cayman Islands, Chad, China, Congo, Cyprus, Czech Republic, Democratic People’s Republic of Korea (North), Denmark, Estonia, Ethiopia, France, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Hong Kong, Hungary, Iran, Iraq, Ireland, Israel, Italy, Ivory Coast (Cote d’Ivoire), Lao, Latvia, Lesotho, Liberia, Libya, Macao, Mali, Mozambique, Myanmar (Burma), Nepal, Niger, Nigeria, Palestinian Territory, Panama, Papua New Guinea, Philippines, Poland, Portugal, Romania, Russia, Sao Tome & Principe, Saudi Arabia, Serbia, Sierra Leone, Singapore, Somalia, Spain, Sudan, South Sudan, Swaziland, Switzerland, Syria, Taiwan, Tajikistan, The Netherlands, Togo, Turkey, Uganda, Ukraine, USA and all US territories (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, United States Virgin Islands), Vanuatu, Vietnam, Yemen and Zambia. We will undertake checks and have third parties undertake checks on our behalf to identify Players from these jurisdictions accessing the Website. Please note that further restrictions on access to certain gaming products available via the Website may apply to Players based in additional jurisdictions, in such cases access to such specific gaming products will be prevented through the Website from within such jurisdictions. IP Checks will seek to identify players from these jurisdictions accessing our gaming site.
- Track Players' Game Play
We will track your Customers' bets and plays making available to you a report summarizing their activities, which you can access from this site.
- Changes and Modification
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and at our sole discretion, by posting a change notice or a new agreement on our site, which we will send you using the e-mail address you provided when you join the Affiliate program. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the referral program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification/changes of the new agreement.
- Affiliate Application
To become a member of our affiliate program you will need to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. The application form will form an integral part of this Agreement. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful.
- Affiliate's Rights and Obligations
- Linking to our Websites
By agreeing to participate in this Affiliate program, you are agreeing to create and maintain unique links from your site to the 138.com website (OUR WEBSITE). You may link to us with any of our banners, e-mails, articles, or using a text link. This is the only method by which you may advertise on our behalf.
Any affiliates found to be spamming, will receive one warning only to cease these activities. Should the same affiliate be found to repeat the spamming, there will be immediate termination of agreement without communication to you. You shall not make any claims or representations, or give any warranties in connection with 138.com and you shall have no authority to and shall not bind us to any obligations.
- Registration of Domain Names
You shall also refrain from registering or applying to register any domain name similar to a domain name used by or registered in the name of any member of the 138.com, or any other name that could be understood or implicated as 138.com .
- Bidding on Brand Terminologies
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 138.com's trademarks or otherwise include the word "138.com", “138.comPoker”, “138.comCasino” or variations, or include metatag keywords on the Partner Site which are identical or similar to any of 138.com's trademarks.
- Agency Appointment
By this Agreement, we grant you the non-exclusive, non-assignable, right to direct players to 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.
- Approved Layouts
You will only use our approved advertising/marketing materials (banners, html mailers, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from our website. 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. Specifically, please do not create a direct link to the promotional materials on our website.
- Credibility and 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 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 players are found to be abusing any 138.com promotions whether with or without your knowledge. These situations include but are not limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.
- Affiliate's website
You will solely be responsible for the development, operation, and maintenance of your site and for all the materials that appear on your site. For example, you will be responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. We renounce all liability for these matters. In addition, you will not hold us from all claims, damages, and expenses arising directly or indirectly out of development, operation, maintenance and contents of your site. 138.com's affiliate program is intended for your direct participation. You shall not open affiliate accounts on behalf of other affiliates. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. Approval for account transfer to another affiliate is solely at our discretion.
By agreeing to participate in our Affiliate Program, you confirm you are not an employee or contractor of, or immediate family member of an employee or contractor of, or a corporate entity that has any connections, whether direct or indirect, to an employee or contractor of, or immediate family member of an employee or contractor of, 138.com, Xela Services or any of their operators, agents, parent, subsidiary, affiliated and/or related companies.
- License to use Marks
We hereby grant 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.
- 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, Referral Commissions earned by you under the Affiliate program). You agree to avoid disclosure or unauthorized 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.
- Referral/Commission Structure, Calculation and Payouts
- You will earn Referral/Commission based on the Schemes below:
Revenue Share - Sportsbook/Casino
|Net Revenue Monthly
||Active Member Requirement
||Your Share %
|£1 - £20,000
|£20,001 - £40,000
|£40,001 - £50,000
|£50,001 and over
- Payable Revenue/Commission Payouts
Commission is calculated as net revenue (gross revenue-bonuses-rebates-wins) x X% Commission. Affiliates will be paid out on are eligible commission across all products on a monthly basis. We do not carry over any negative balances, and all months will start at a 0 balance. A minimum of 5 active players to be eligible for payment, (Player must make an initial deposit and place 1 bet (qualified bet) at least once a month to be considered an “active player”). In the event that affiliate does not meet the required active player requirement, affiliate earning will be carried over to next month and can only be withdrawn once active player requirement has been fulfilled.
Affiliate commissions are paid out once a month, usually by the 20th of the following calendar month. The minimum payout request for earned Referral/Commission per month is £50.
At the end of a calendar month, you may raise an invoice for the relevant Revenue Share payable by 138.com to you, which shall be paid within 60 days of receipt by 138.com of such invoice. However, raising an invoice is not a requirement by you as the relevant Revenue Share payable by 138.com to you shall be automatically raised and paid out within 60 days of the end of the relevant calendar month. Such Revenue Share shall be paid in pounds sterling, inclusive of VAT if applicable.
Referral/Commission payments can be paid:
Into Your 138.com Account
By Bank wire
Into your ewallet
138.com may pass on any charges for arranging payments and your own bank may choose to levy a charge on such transactions. An active referred player is defined as a visitor to your site(s) who has clicked through 138.com website via your click-through link, has registered as a player, deposited funds to their account and conducted betting or playing activity in one or more 138.com products.
- Term, Termination, and Unsuitable sites
The term of this Agreement will begin when you are approved as an affiliate and will be binding unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery through e-mail is considered a written and immediate form of notification.
- Consequence of termination
Upon termination you must remove all our banners from your site and disable all links from your site to ours. All rights and licenses given to you in this Agreement shall immediately be terminated. You will return us any confidential information and all copies of it in your possession, custody and control and will cease all uses of our trademarks.
- 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.
- Duplicate Accounts and Self Referrals
You shall not open more than one affiliate account without our prior written consent nor will you earn commission on your own or any immediate family or relatives who sign up via your affiliate account.
- The program is intended for professional website publishers.
We make no impression or implied warranties or representations with respect to the Affiliate program, 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. In the event of a discrepancy between the reports offered in the www.138.com affiliate system and the 138.com database, the database shall be deemed accurate.
- Limitation of Liability
We will not be liable for indirect, special, or future damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate program, 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 program will not exceed the total Referral Commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be translated 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.
- Law and Jurisdiction
The validity, creation and performance of this Agreement (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of the Isle of Man.
Each party permanently submits to the exclusive jurisdiction of the Manx courts over any claim, dispute or matter arising under or in connection with this Agreement or its application or the legal relationships established by this Agreement, and waives any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.
- Independent Investigation
You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit player referrals on terms that may differ from those contained in this Agreement or operate or contract with websites 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 as set out in this agreement.
The Affiliate adheres to Xela Services Limited’s Anti-Bribery Policy contained within schedule 1 in full and is compliant with the Corruption Act 2008 (Isle of Man) and the Bribery Act 2010 (UK). Any instances of actual or potential bribery should be reported to Xela Services Limited’s Money Laundering Reporting Office, and will be promptly investigated. If an incident proves serious enough it may result in disciplinary procedures and external reporting.
- Governing Law
The laws of the Isle of Man will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Isle of Man and you irrevocably consent to the jurisdiction of its courts.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.
Our failure to administer your strict performance of any provision of this Agreement will not constitute a waiver of our right to continuously enforce such provision or any other provision of this Agreement. No changes, additions, deletions or interlineations of this Agreement are permitted or will be recognized 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.
Our rights and remedies stated shall not be mutually exclusive; this is to say that the exercise of one or more arrangement of this Agreement shall not inhibit the exercise of any other arrangement. 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 arrangement of this Agreement; we may seek enforcement or compliance 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, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law however, 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 residue of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to administer any rights and must be in writing to be effective.
These Terms and Conditions form an Agreement between the Affiliate and Fesuge Limited of Clinch’s House, Lord Street, Douglas, Isle of Man IM99 1RZ. You expressly agree to be bound by the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.