BVGroup Affiliates

Terms & Conditions

These are the terms and conditions that apply to all members of BVGroup Affiliate Programme (“Affiliate Programme” or “Agreement”).

These terms describe how we will work together and other important aspects of our business relationship. It is very important that you read these terms carefully before you register your account with us.

This is a legally binding contract so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible. If you have any questions about these terms, you will probably be able to find the answer you are looking for in our FAQ section, but if not please click here to contact us.

You can also visit our affiliate website at bvgroupaffiliates.com

1. Information about us and this agreement

  • 1.1
    This Agreement sets out the terms and conditions between the relevant BVGroup entity (as specified below) and you (“you”) in relation to your participation in our Affiliate Programme. The relevant BVGroup entity entering into this Agreement shall be as follows:
    • a) in respect of affiliates providing services in the UK: BV Gaming Limited , a company registered in Gibraltar (company number 42734) with its registered office at Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA;
    • b) in respect of affiliates providing services in the province of Ontario: BV (Canada) Limited, a company registered in Gibraltar (company number 124199) with its registered office at Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA;
    • c) in respect of affiliates providing services outside the UK and Ontario: BV (Gibraltar) Limited, a company registered in Gibraltar (company number 102502) with its registered office at Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA.
    Collectively, these entities are referred to as “BVGroup”, “us” or “we” throughout this Agreement.
  • 1.2
    By registering for the Affiliate Programme and clicking the “I have read and agree to the terms and conditions” box (or similar wording) you agree to be bound by:
    • a) the terms and conditions of this Agreement, including any amendments made to them; and
    • b) if you operate in the UK - Special Terms applicable to Affiliates operating in the UK (Appendix A); or
    • c) if you operate in Ontario - Special Terms applicable to Affiliates operating in Ontario (Appendix B), or
    • d) if you operate in any other countries – Special Terms applicable to Affiliates operating outside the UK and Ontario (Appendix C).
  • 1.3
    If you do not agree to accept and be bound by the terms of this Agreement and any country-specific terms, you should not participate in our Affiliate Programme.
  • 1.4
    We periodically update these terms for commercial, legal or regulatory reasons. The most up to date terms will be available on our website. Where possible, we will let you know via electronic means, which may include an in-app notification or by email. By continuing to participate in our Affiliate Programme, you will be deemed to accept the changes we make. Therefore, it is important that you regularly check these terms for updates. If you don’t agree to the changes, you can choose to terminate this Agreement as we describe below.
  • 1.5
    “Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2. Non-exclusivity

  • 2.1
    This Agreement does not create an exclusive agreement between you and us. Both you and we will have the right to work with other third parties in connection with similar services.

3. Your Application

  • 3.1
    To become a member of our Affiliate Programme, you will need to:
    • a) accept these terms;
    • b) complete the registration form; and
    • c) provide us with any supporting documents which we reasonably request.
  • 3.2
    It is your obligation to ensure that any information you provide to us when registering with the Affiliate Programme is correct and that such information is kept up to date at all times.
  • 3.3
    We will evaluate your application and notify you by email as to whether your application has been successful. We may request additional information from you in order to evaluate your application.
  • 3.4
    We have full discretion in deciding whether to accept you onto the Affiliate Programme and our decision is final.

4. Affiliate Account

  • 4.1
    The effective date of this Agreement is from when you receive an email notifying you that your affiliate account is active (“Affiliate Account”). We will email you the necessary instructions on how to access your Affiliate Account.
  • 4.2
    You must notify us of any changes to the contact details and/or company details by providing this information to [email protected]. If you fail to notify us of these changes, we may suspend your Affiliate Account.
  • 4.3
    We may require further KYC documentation when you update your details, and we reserve the right to close your Affiliate Account if you fail to provide that documentation.
  • 4.4
    The Affiliate Account will be operated by a software called ‘NetRefer’ provided by Arnold Media Limited. The terms governing your use of the software can be found here: netrefer.com/tos-agreements. By participating in the Affiliate Programme, you agree to be bound by these terms.
  • 4.5
    You shall be responsible for updating any information on NetRefer in relation to your Affiliate Account, including but not limited to recording the links of all sites that you use to promote us. If you do not keep this information up to date, we reserve the right to suspend your Affiliate Account.
  • 4.6
    The 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 transferring an Affiliate Account are not accepted. If you want to transfer an account to another beneficial account owner, you must request permission to do so by contacting us. Approval is solely at our discretion.
  • 4.7
    You shall not open more than one Affiliate Account without our prior written consent, nor will you earn Referral Commission on your own or a related person's BVGroup account. The Affiliate Programme is intended for professional website publishers only.
  • 4.8
    There are certain jurisdictions from which we cannot, for legal or regulatory reasons, accept business. We will notify you from time to time as to which jurisdictions these are.

5. Your rights and obligations

Referring Customers

  • 5.1
    We will register any Customers you refer to us and track their transactions using the NetRefer system. For the purpose of this Agreement, "Customer" means any visitor who meets all of the following conditions:
    • a) arrives at Our Website(s) as a result of clicking a URL provided to you by us upon joining the Affiliate Programme:
    • b) successfully opens an account with us; and
    • c) deposits funds that are subsequently used to place bets or participate in casino, bingo or other gaming products. Upon opening an account with us, such visitors become our Customers and so all our rules, policies, and operating procedures will apply to them. All customers registrations are subject to verification and approval by us.
  • 5.2
    We reserve the right, at our sole discretion to refuse registration of Customers (or to close their accounts) if this is necessary for us to comply with all legal and regulatory obligations or any requirements we may periodically establish. We may also suspend or close the accounts of Customers who are suspected of or engaged in fraudulent activity, abuse of our services or conduct that otherwise poses a risk to our operations, reputation or legal compliance. You acknowledge that we are under no obligation to approve any Customer registration.
  • 5.3
    If we receive a complaint from a Customer or a third party related to your activities or promotion of our services, you must provide us with all requested information about the complaint as soon as commercially possible, and in any event, within 24 hours of you receiving notice of the complaint. You shall also immediately cease the conduct which caused the complaint after you acquire any form of knowledge of that conduct. We reserve all of our rights in relation to Customer or third-party complaints.

Linking to our Websites

  • 5.4
    By participating in the Affiliate Programme, we grant you a non-exclusive, limited, revocable and non-assignable right to create and maintain unique hypertext reference links from your website (“Affiliate Website” or “Your Website” ) to the websites owned, operated or branded by us ( “BVGroup Websites” , or “Our Websites”). This right is granted solely for the purpose of promoting our services in accordance with this Agreement and may be revoked by us at any time, with or without cause.
  • 5.5
    You must prominently and continuously display on the Affiliate Websites the most up to date links to BVGroup Websites as provided and approved by us. You must not modify, obscure or otherwise alter these links in any way without our prior written consent.
  • 5.6
    You shall create and maintain unique links form Your Website to Our Website. The only methods of advertising you are permitted under the Affiliate Programme are banners, articles or a text link. Any other methods of advertising, including but not limited to social media, Pay Per Click (PPC) advertising or other third-party promotion, require our prior written approval, as outlined in section 5.7. You must always ensure that every advertisement or promotional activity: (i) complies with our brand image; (ii) uses only syntax and formats of tracking links provided by us; (iii) does not misrepresent our services in any manner.
  • 5.7
    5.7. To obtain permission to use PPC advertising, or any other advertising methods not expressly permitted under this Agreement, you must contact us at [email protected]. Any approval granted will be communicated to you by email, and no implied permission is conferred. We reserve the right to revoke permission at any time if we determine, in our sole discretion, that your advertising does not comply with this Agreement, our brand image or applicable law.
  • 5.8
    You MUST:
    • a) comply with all laws, regulations and codes of practice applicable in the jurisdictions in which you operate. For further information, please refer to the Special Terms for Affiliates operating in the UK (Appendix A), Ontario (Appendix B) and outside the UK and Ontario (Appendix C).
    • b) ensure that our services are not marketed in any way that appeals to minors, vulnerable persons or any group deemed restricted by law or regulation;
    • c) use only the Approved Layouts (as defined in section 5.10) and obtain our prior written approval before publishing any other content on Your Website that references Our Website or incorporates any marketing materials provided by us;
    • d) immediately seek clarification from us when you are uncertain about any aspect of a campaign, including compliance with law or our brand image.
  • 5.9
    You MUST NOT:
    • a) breach any search engines’ terms of use or policies;
    • b) publish messages about us or Our Website to any newsgroups or forums;
    • c) publish any advertisements, promotions or content which may in any way adversely impact our image, reputation or integrity;
    • d) place links to Our Websites on any website that streams or otherwise makes available content to visitors without appropriate licences from rights holders;
    • e) comment on, mimic, or otherwise interfere with our paid or organic activity, including but not limited to paid social posts to encourage Customers to sign up via your link; or
    • f) advertise on third party advertising platforms including, but not limited to, Meta Ads, Google Ads, Web/Native Ads or Demand Side Platforms.

Approved Layouts

  • 5.10
    You may only use our approved advertising creative, including banners, editorial columns, images and logos (“Approved Layouts”). You must not alter or modify their appearance of Approved Layouts or refer to us in any promotional materials other than those which are provided or approved by us.
  • 5.11
    You agree to comply with all policy and guideline documents provided by us from time to time. In addition, you agree to keep up to date with all marketing rules and guidelines applicable to your activities and to undertake any online training courses we require.
  • 5.12
    You MUST NOT:
    • a) use any systems or tipster sites unless you clearly disclose that using these sites does not guarantee success;
    • b) display or promote matched betting, arbitrage and/or other automated betting systems on Your Website(s) or platforms;
    • c) use e-promotions (i.e. promotions using email, SMS and/or WhatsApp).

Responsibility for Your Website

  • 5.13
    You are solely responsible for the development, operation, and maintenance of Your Website and for all content and materials which appear on your site, including the proper functioning of all hyperlinks to the landing page of our offer. You must ensure that all materials posted on your Website are not defamatory, indecent, infringing or otherwise illegal. We disclaim any liability for the content of operation of Your Website. Further, you shall indemnify and hold us harmless against all claims, damages, losses and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of Your Website.
  • 5.14
    You MUST NOT carry out any of the following actions:
    • a) promote Your Website in a manner that resembles the look, feel or branding of Our Website;
    • b) set up or use any websites which could be perceived as owned or operated by us;
    • c) create the impression that you are directly promoting or representing us;
    • d) offer links to Our Website to residents of certain countries not being permitted to operate accounts;
    • e) alter the form, location or operation of the links without our prior written consent.
  • 5.15
    You acknowledge that deriving revenue from websites that facilitate the infringement of a third party's intellectual property rights, including (but not limited to) unlicensed streaming sites and file download sites, will constitute a breach of this Agreement and we will be entitled to terminate this Agreement immediately.
  • 5.16
    You are responsible for ensuring that Your Website is compliant with this Agreement. If, in our sole discretion, Your Website is not compliant with the terms under this Agreement we reserve the right to close your account, and no Referral Commission will be payable. If we determine that your non-compliance can be remedied, we shall notify you of your non-compliance and what needs to be actioned to ensure your Website is compliant again.
  • 5.17
    If Your Website remains non-compliant 72 hours after notification, we reserve the right to suspend your Affiliate Account immediately. During suspension, no Referral Commission shall accrue or be payable. Once compliance is restored, you must notify us, and we will re-activate your account.

Licensing Requirements

  • 5.18
    You acknowledge that we are licenced and regulated by the Gambling Commission of Great Britain, the Gibraltar Gambling Commissioner, the Revenue Commissioners of Ireland, and the Alcohol and Gambling Commission of Ontario (the “Regulators”). You agree to comply with all applicable licence conditions and/or codes of practice issued by the Regulators and any other laws and regulations that apply in relevant jurisdiction.
  • 5.19
    You agree to:
    • a) comply with all applicable laws and regulations, including any marketing requirements and Data Protection Laws (as defined in section 16.1);
    • b) comply with legislation, codes and regulations applicable to the jurisdiction in which you are advertising;
    • c) comply with all applicable consumer protection legislation;
    • d) observe and comply with all reasonable directions and instructions issued by us;
    • e) provide any information reasonably required by us to enable compliance with reporting and other obligations to the Regulators;
    • f) not alter the appearance, location, operation, design and content of our approved banners, text links or other promotional messaging, and not take any action that will have the effect of:
      • altering or removing any promotional terms and conditions which we include on any banners and text links and/or promotional messaging, or
      • affecting the means by which a potential Customer may access such promotional terms and conditions from the banners and text links and/or promotional messaging, including the expectation that such promotional terms and conditions must be accessible within a single 'click' of the our approved banners and text links and/or promotional messaging or on any linked landing and/or sign-up webpages (or technological equivalent location in non-browser based platforms and technologies such as mobile phone applications);
    • g) ensure that any free-to-play content available on or via Affiliate Website or any ability to place any form of wager (whether or not real money, free bet or bonus or otherwise) is subject to user age verification and only available to 18+ (or the minimum age in the relevant jurisdiction); and
    • h) not benefit from traffic that you know or reasonably suspect to arise from fraud.
  • If we discover that you are in breach of this section, we will be entitled to terminate this Agreement immediately and/or withhold any Referral Commission generated without recourse for you.

Continued Promotion

  • 5.20
    You shall use all commercially reasonable efforts to actively market and promote our products in accordance with this Agreement. Failure to do so shall constitute a material breach, and we reserve the right to terminate this Agreement should such efforts not be maintained to our reasonable satisfaction.
  • 5.21
    You shall incorporate and always display the most up-to-date links and creative content which we provide you with. We reserve the right, at our sole discretion, to reduce Referral Commission percentages if we determine that you have reduced your promotional efforts to recruit new Customers.

Good Faith

  • 5.22
    You must not benefit from any traffic that you know or reasonably suspect to be generated in bad faith, regardless of whether it causes us actual damage. We reserve the right to withhold, set off or retain any amounts otherwise payable to you under this Agreement if we have reasonable cause to believe Such traffic has occurred.
  • 5.23
    We also reserve the right to withhold the Referral Commission, affiliate payments and/or suspend or close the Affiliate Accounts where Customers are found to be abusing any of our offers or promotions, whether done with, or without your knowledge. Such situations to include but not be limited to different Customers betting both sides of an event or market to limit risk and claim bonuses.

6. Our Marks and IP

  • 6.1
    We grant to you a non-exclusive, limited, royalty free, revocable and non-transferable licence to use our trademarks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely for the purpose of displaying our approved promotional materials on Your Website and only for as long as you remain a member of the Affiliate Programme.
  • 6.2
    This licence is personal to you and cannot be sub-licensed, assigned or otherwise transferred in any way. Your right to use the Marks is limited to and arises only out of this licence. 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.
  • 6.3
    You shall not register (or apply to register) any domain names, trademarks, social media account or page, or platform similar to those used by or registered in the name of BVGroup or our group companies or any other name that could be understood to designate BVGroup or its group companies.

7. Bidding on Brand terms

  • 7.1
    You acknowledge that BVGroup owns certain brands and trademarks and is the licensed user of others, including BetVictor, Parimatch, Heart Bingo, talkSPORT BET, Betano, puntit, Smooth Spins and WizSlots brands (“Brands”) and that you must not bid on, purchase or register any branded keywords, search terms or other identifiers which are identical or similar to any of BVGroup’s or its group companies’ trade marks for use in any search engine, portal, sponsored advertising service or other search or referral service. Similarly, you must not bid on, purchase or register words such as, but not limited to, "BVGroup", “BVGroup gaming”, “BVGroup casino”, “BVGroup bingo”, “BV Gaming”, “BV casino”, “BV bingo”, “BV Canada”, “BV Gibraltar”, “BetVictor", “BetVictor gaming”, “BetVictor casino”, “BetVictor bingo”, “Parimatch", “Parimatch gaming”, “Parimach casino”, ‘’Heart Bingo", “Heart Bingo gaming”, “Heart Bingo casino”, “Heart Bingo bingo”, “Heart Bingo Slots”, “talkSPORT BET", “talkSPORT BET gaming”, “talkSPORT BET casino”, “WizSlots", “WizSlots gaming”, “WizSlots casino”, “WizSlots bingo”, “Betano”, “Betano gaming”, “Betano casino”; “Smooth Spins”, “Smooth Spins gaming”, “Smooth Spins casino”, “Smooth Spins bingo”, “Smooth Spins slots”, “puntit”, “puntit gaming”, “puntit casino” and any variations of the same. You must not include metatag keywords on sites which are identical or similar to any of BVGroup’s or its group company’s trademarks.
  • 7.2
    We will be entitled to terminate this Agreement immediately without recourse for you if we discover that you are in breach of this section 7.

8. Payment

Referral Commission

  • 8.1
    Subject to your full compliance with this Agreement, we will pay you referral commission as specified below ("Referral Commission”). The Referral Commission is calculated on revenue generated from Customers who are directed from Your Website, successfully open an account with us and place real-money wagers for.
  • 8.2
    You will only be entitled to receive Referral Commission where all of the following conditions are met:
    • a) your Affiliate Account is active (i.e. not inactive as defined in section 9);
    • b) your Affiliate Account has a positive balance at the end of any given calendar month; and
    • c) the Referral Commission generated from the current month, minus the Negative Carryover (as defined below) from prior months exceeds the Minimum Payment Threshold (as defined below) applicable to your chosen payment method.
    The Minimum Payment Thresholds are as follows:
    • £500 (or equivalent local currency) for UK or international bank transfer;
    • £50 (or equivalent local currency) for a BVGroup player account.
  • 8.3
    If your Affiliate Account has a negative balance at the end of any calendar month, the negative amount will be carried forward and offset against future Referral Commission (“Negative Carryover”). Referral Commission becomes payable only when after deducting any Negative Carryover, your Affiliate Account shows a positive balance at the end of the relevant calendar month. An example of the calculation is set out in section 8.6.
  • 8.4
    Referral Commission is payable after the end of each calendar month for an active and verified Affiliate Account, provided that your earnings exceed the Minimum Payment Threshold applicable to your chosen payment method. If you meet these criteria, and provided you are not in breach of this Agreement (as determined by us in our sole discretion), you will be entitled to receive the Referral Commission, calculated as a percentage of Net Gaming Revenue (defined below) generated by referred Customer, as follows:
    • a) Years 1-2 (Initial Period): The Initial Period means the first two (2) years following the date a Customer registers an account. During the Initial Period, you will receive the full Referral Commission. The applicable percentage for the Referral Commission shall be determined and agreed with your account manager prior to commencing any promotion permitted under this Affiliate Programme.
    • b) After Year 2: For any Customer activity occurring after the second (2nd) anniversary of a Customer’s registration, no Referral Commission shall be payable.

    ‘Net Gaming Revenue’ (NGR) means all gross monies which we receive from Customers’ settled bets after deducting customer winnings, cash bonuses or credits, taxes, fraudulent bets, bets subject to chargebacks, returned stakes, administration fees and third party fees (including but not limited to processing fees, verification/validation fees, software royalties, game content fees, sports/racing fees or other costs relating to the Customer). ‘Target Product’ means the product you have agreed to promote whilst you are a member of the Affiliate Programme. Your Target Product will either be (a) Sports or (b) Casino and Games.

    ‘Secondary Product’ means the alternative product to your Target Product. For example, if your Target Product is Sports, your Secondary Product shall be Casino and Games.

Inactive Customers

  • 8.5
    Notwithstanding section 8.4 above, no Referral Commission shall be payable in respect of any referred Customer who resumes activity following a period of twelve (12) consecutive months of inactivity. Any such reactivation shall be deemed to result from BVGroup’s internal marketing, retention, and reactivation activities and not from the Affiliate’s promotional efforts.

How we calculate the Referral Commission

  • 8.6
    You will earn a Referral Commission which will be calculated at the end of each month whilst `you are a member of the Affiliate Programme. We will only pay you Referral Commission if you meet the criteria stated by this section 8 and when you have legitimately generated it. We pay you your Referral Commission once a month.
  • 8.7

    Examples of how Referral Commission is calculated:

    If your account manager and you agree that Referral Commission will be calculated at 30% NGR, Referral Commission shall be calculated as follows:

    • If you generate £1,000 NGR in one month from your Target Product, the Referral Commission we pay you is calculated as follows: 30% of £1,000=£300 total Referral Commission; and
    • If you generate £1,000 NGR from your Target Product and £1,000 NGR from your Secondary Product, the Referral Commission we pay you is calculated as follows: 30% of £1,000=£300. 15% of £1,000=£150. £300+£150=£450 total Referral Commission; and
    • If you generate £1,000 NGR from your Target Product and MINUS £1,000 NGR from your Secondary Product, the Referral Commission we pay you is calculated as follows: 30% of £1,000=£300. 15% of -£1,000 is -£150. £300-£150=£150 total Referral Commission; and
    • If you generate MINUS £1,000 NGR in one month from your Target Product, this loss is carried forward and deducted from future months where you generate a positive amount of Referral Commission.
  • 8.8
    We may, without notice, adjust the method used to calculate the Referral Commission in response to changes in taxes, product fees, or other relevant factors. Our calculations of the Referral Commission are final.

How we pay you the Referral Commission

  • 8.9
    You will be paid Referral Commission by bank transfer. For the avoidance of doubt, you are not entitled to earn Referral Commission from your own betting activity. Please be aware that although we will not deduct any charges for arranging a bank wire, your own bank may choose to levy a charge on such transactions.
  • 8.10
    All Referral Commission payments will be due and paid in the currency agreed with you (which shall be either Euros, Pound Sterling, United States Dollars, Canadian Dollars). Referral Commission is calculated in Pound Sterling. Where currency conversion is required, all amounts are converted using our internal exchange rates. Payments made by bank transfer are processed in Pound Sterling and may be subject to bank fees and exchange rates. We define currency exchange rates at the start of each calendar month, and a copy of our current exchange rates is available on request. Referral Commission generated from referring Customers who hold accounts in currencies other than Pound Sterling will be converted using our internal exchange rates.
  • 8.11
    All equivalent amounts in currencies other than Pound Sterling will be calculated using our internal exchange rates as applicable in the relevant month.
  • 8.12
    You must account for tax payable on your Referral Commission. When regulatory authorities require us to account for that tax, we can withhold the amount payable from your Referral Commission.

When No Referral Commission Is Payable

  • 8.13
    No Referral Commission shall be payable, and we may withhold or retain, any accrued or pending Referral Commission in respect of a Customer or your Affiliate Account where:
    • a) a Customer account is identified as a duplicate or linked to another Customer account;
    • b) we have reasonable believe or suspect that the Customer has engaged in, attempted to engage in, or benefited from fraud, suspected fraud, illegal activity, arbitrage, bonus abuse, chargebacks, self-exclusion, or any activity intended to manipulate or misuse our products, services or promotions;
    • c) a Customer account is restricted, suspended, closed or otherwise subject to investigation (including by third parties or law enforcement), whether within one (1) month of registration or at any time thereafter;
    • d) your actions or omissions cause, or are likely to cause us to be fined, penalised, investigated or subject to regulatory or legal action;
    • e) your Affiliate Account balance is negative at the end of any month, or your earnings do not meet the minimum threshold applicable to your selected payment method;
    • f) you have breached, or we reasonably suspect you have breached any terms of our Affiliate Programme;
    • g) the Referral Commission is generated while your Affiliate Account is suspended or restricted for any reason;
    • h) we reasonably believe that the Referral Commission has been generated through fraud, abuse or unlawful activity;
    • i) the Referral Commission is not claimed within twelve (12) months of the date on which you become entitled to it; and
    • j) payment of the Referral Commission has been generated as a result of your breach of this Agreement; or
    • k) we otherwise determine that payment of Referral Commission would expose us to financial, regulatory, legal, or reputational risk.

    The above will be determined by us in our sole discretion and our decision is final. Your Referral Commission may also be reduced or suspended if you reduce the promotion of our brand.

  • 8.14
    No Referral Commission shall be payable, and we may suspend or close your Affiliate Account, where in any calendar month, sixty percent (60%) or more of the Customers you refer fall into one or more of the following categories:
    • a) Customers whose accounts are closed by traders for arbitrage;
    • b) Customers whose accounts are closed for security reason;
    • c) Customers whose bonuses are excluded or removed;
    • d) Customers whose accounts are linked to other Customer accounts closed for fraud and/or bonus abuse; or
    • e) Customers who have self-excluded.

    In such circumstances, we may withhold or retain any Referral Commission generated in connection with your Affiliate Account.

  • 8.15
    We may withhold all or a part of any Referral Commission where revenue you have generated is subject to, or reasonably considered to be at risk of chargeback, reversal or refund. Any withheld amounts will only become payable once six (6) months have elapsed without chargeback.

9. Closing Your Affiliate Account

  • 9.1
    We reserve the right, at our sole discretion, to close your Affiliate Account when we consider that you have breached any term of this Agreement.
  • 9.2
    We also reserve the right, at our sole discretion, to close your Affiliate Account if it becomes inactive. Your Affiliate Account will be deemed inactive if:
    • a) you do not log into it for a minimum of three (3) consecutive months; and/or
    • b) you have not referred a minimum of three (3) depositing Customers in any calendar month.

    We may notify you that your Affiliate Account has become inactive by email. Any funds remaining in your Affiliate Account will be retained for a minimum of one (1) month following closure due to inactivity.

  • 9.3
    Closure of your Affiliate Account shall take effect from the date specified by us. The payment of Referral Commission following closure shall be governed by section 8.

10. Term and Termination

  • 10.1
    The term of this Agreement will begin when you are approved with an active Affiliate Account and will continue unless and until the Agreement is terminated.

Termination without cause

  • 10.2
    Both you and we may terminate this Agreement at any time on forty-eight (48) hours’ written notice to the other party.

Termination for cause

  • 10.3
    We may also terminate immediately this Agreement for cause if you:
    • a) breach any of the provisions of this Agreement, including but not limited to your obligations in section 5 (Your rights and obligations), 6 (Our Marks and IP) and 7 (Bidding on Brand terms) or any of Appendix A B or C;
    • b) breach any applicable law or marketing requirements;
    • c) we reasonably suspect you of committing fraud;
    • d) have an inactive Affiliate Account (as defined in section 9.2);
    • e) use any websites or marketing materials which mislead potential Customers; or
    • f) advertise our services in any way other than as contemplated by this Agreement, including any form of spamming, as or determine in our sole discretion.

    Such termination will take effect immediately. You will not be eligible to receive the Referral Commission after the date of termination of this Agreement and no further payments will be made to you.

Termination due to Unsuitable Websites

  • 10.4
    We may terminate this Agreement immediately if we determine (in our sole discretion) that Your Website is unsuitable. “Unsuitable Websites” include, but are not limited to, websites that: (i) are aimed at children; (ii) display any illegal sexual acts; (iii) promote violence; (iv) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (v) promote illegal activities; (vi) violate intellectual property rights; or (vii) breach any relevant advertising regulations or codes of practice.

11. Consequences of termination

  • 11.1
    Upon termination, you must remove all of our banners, icons and marketing materials from Your Website and disable all links from Your Website to all Our Websites within forty-eight (48) hours.
  • 11.2
    All rights and licenses granted to you in this Agreement shall immediately terminate. You must return to us all confidential information, and any copies of it in your possession, custody or control and cease all uses of our Marks.
  • 11.3
    You are not eligible to receive Referral Commission after the date of termination of this Agreement. This applies regardless of whether the termination is by you or by us, and regardless of the reason for termination.

12. Warranties

  • 12.1
    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.
  • 12.2
    You warrant and represent to us that, at all times during the term of this Agreement:
    • a) You are legally able to enter into and perform your obligations under this Agreement;
    • b) You are not, and will not become an employee, officer or subcontractor of BVGroup or any of its group companies;
    • c) You have not had an Affiliate Account with a third-party online business closed or suspended due to fraudulent, illegal or improper activity;
    • d) You will fully comply with, and continue to fully comply with the terms of this Agreement and any applicable laws or regulations;
    • e) The Affiliate Websites and all promotional activity will not target or be aimed at anyone under the age of 18 (or the minimum legal age in the relevant jurisdiction);
    • f) You will not target any territory or jurisdictions where gambling is illegal or where the promotion, marketing or advertising of gambling is prohibited;
    • g) You will not use your affiliate tracking links, accounts or any other method to open, or attempt to open, player accounts in your own name or on behalf of third parties, including, but not limited to, your relatives, family members, or household members;
    • h) You will maintain and enforce a suitable internet use and responsible marketing policy regarding your use of our and your websites; and
    • i) you acknowledge that any breach of these warranties may result in immediate termination of this Agreement, withholding or reclaiming of Referral Commissions, and/or legal action.
  • 12.3
    We make no express or implied warranties or representations with respect to the Affiliate Programme, about ourselves or the Referral Commission payment arrangements and do not express or 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 Websites will be uninterrupted or error-free and will not be liable for the consequences if there are any.

13. Indemnity

  • 13.1
    You agree to indemnify, and hold us, our directors, employees and representatives, harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with, events such as, but not limited to:
    • a) any breach by you of any warranty, representation or term contained in this Agreement;
    • b) the performance or non-performance of your duties and obligations under this Agreement;
    • c) your negligence, misconduct, fraud or breach of applicable laws or regulations;
    • d) any harm, loss or damage caused directly or indirectly by your acts or omissions, whether negligent, reckless or intentional, including the unauthorised or improper use of our Marks, banners, links or any materials provided under this Affiliate Programme; or
    • e) any claim brought against us by a third party arising from your actions or omissions.
  • 13.2
    You agree that the indemnity in this section applies regardless of termination of this Agreement and without limitation.

14. Limitation of liability

  • 14.1
    We are not liable to you under this Agreement unless you have been a member of the Affiliate Programme for more than three (3) months. If you have been a member of the Affiliate Programme for more than three (3) months, our aggregate liability under this Agreement will not exceed the total Referral Commission paid to you in the period of twelve (12) months immediately prior to our breach.
  • 14.2
    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, even if we have been advised of the possibility of such damages. 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.

15. Confidential Information

  • 15.1
    During the term of this Agreement, you may be given access to confidential or proprietary information relating to our business, operations, technology, customers or the Affiliate Programme. You agree not to disclose, use or permit disclosure or use of any such confidential information to any third party without our prior written consent. You may use confidential information solely as necessary for the performance of your obligations under this Agreement.
  • 15.2
    Your confidentiality obligations shall survive the termination of this Agreement or an indefinite period, or for as long as the information remains confidential, whichever is longer.

16. Data Protection

  • 16.1
    You shall comply at all times with all applicable privacy and data protection laws, including the Regulation (EU) 2016/679 (the General Data Protection Regulation), Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), the UK Data Protection Act 2018, the Gibraltar Data Protection Act 2004, and any applicable national implementing laws, regulations and secondary legislation in Canada, the UK and Gibraltar relating to the processing of personal data and the privacy of electronic communications, as amended, replaced or updated from time to time, including Canada's anti-spam legislation and Unsolicited Telecommunications Rules, the UK’s Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and Gibraltar’s Communications (Personal Data and Privacy) Regulations 2006 (“Data Protection Laws”).
  • 16.2
    Your use of your Affiliate Account is also governed by our Privacy Notice which can be accessed here.

17. General

  • 17.1
    Relationship of the parties. Nothing in this Agreement creates or shall be deemed to create any joint venture, partnership, employment, or agency relationship between you and us.
  • 17.2
    Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, arrangements, or understandings relating to its subject matter.
  • 17.3
    Governing law. These terms are governed by the English and Welsh law, and you can bring legal proceedings in respect of this Agreement in the courts of England and Wales.
  • 17.4
    Assignability. You may not assign, transfer, mortgage, charge, subcontract, or declare a trust over any of your rights or obligations under this Agreement, by operation of law or otherwise, without our prior written consent. We may at any time assign, transfer, mortgage, charge, subcontract, or declare a trust over any of our rights or obligations under this Agreement.
  • 17.5
    Non-waiver. No failure or delay by us to enforce any provision of this Agreement shall be deemed a waiver of that provision or of any other provision. No modifications, additions, deletions or interlineations of this Agreement shall be valid unless expressly agreed by us in writing.
  • 17.6
    Remedies. Our rights and remedies hereunder shall not be mutually exclusive. This means that our exercise of one or more of the provisions of this Agreement does not preclude us from exercising other provisions. 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, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy.
  • 17.7
    Severability. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any provision or part-provision of this Agreement is deemed deleted as above, we shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
  • 17.8
    Third parties. Anyone who is not a member of the Affiliate Programme does not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these terms.
  • 17.9
    Notices. All notices or communications under this Agreement must be in writing and sent to [email protected] (or such other address as we may notify you of from time to time).
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