Last updated 1 October 2016 by CrownBet Pty Ltd Australian Business No: 18 162 554 707.
To apply for an Affiliate Account, complete and submit the Registration page on the CrownBet Affiliate website.
CrownBet will review an application to open an Affiliate Account and confirm via email or phone whether an application has been approved. CrownBet may request further information from an applicant to assist in reviewing an application.
CrownBet reserves the right to change any of these Terms and Conditions at any time by publishing new terms or conditions on the CrownBet Affiliate Website. CrownBet will use its best endeavours to notify all Affiliates of changes to these Terms and Conditions.
In these Terms and Conditions, the following terms have the meanings set out below, unless the context requires otherwise.
“Affiliate Account” means the account provided to an Affiliate for customer tracking, reporting and CrownBet payment management purposes.
“Affiliate Customer” or “Affiliate Customers” means an approved customer of CrownBet who by way of referral from an Affiliate’s activities has been tracked and designated to an Affiliate account.
"Business Day" means a weekday when the major trading banks are open in both Sydney and Melbourne.
“Confidential Information” means all information of a confidential or trade secret nature relating to the Affiliate, CrownBet and/or their Related Entities, respective clients and suppliers and staff disclosed by CrownBet to the Affiliate (whether in writing, verbally or by any means and whether directly or indirectly), including such information disclosed by CrownBet before an Affiliate Account was created.
“CrownBet Affiliate Website” means www.crownbetaffiliates.com.au;
“CrownBet Identification” means all CrownBet trademarks, logos, artwork, graphics and designs either owned by or associated with CrownBet.
"Insolvency Event" includes the appointment of a liquidator, provisional liquidator, official manager, receiver, receiver and manager, controller, administrator or other like person, a compromise, arrangement, merger, amalgamation, reconstruction, winding up, dissolution, assignment for the benefit of creditors, scheme, composition or arrangement with creditors, insolvency or other similar procedure.
“Intellectual Property” means all intellectual property, including patents, utility models, rights in designs, copyright, trademarks, moral rights, topography rights, rights in databases, trade secrets and know-how, in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Website” means www.crownbet.com.au. And any CrownBet mobile device or tablet application(s).
In these Terms and Conditions, the following rules apply, unless the context requires otherwise.
(a) All references to we, us and our (or similar) are references to CrownBet;
(b) All references to you or your (or similar) are references to the Affiliate;
(c) Headings are for reference purposes only and do not affect the meaning or interpretation of these Terms and Conditions.
(d) Words in the singular include the plural and vice versa.
(e) A gender includes all genders.
(f) If a word or phrase is defined in these Terms and Conditions, its other grammatical forms have a corresponding meaning.
(g) A reference to:
(i) the Affiliate includes any employee, manager, director, contractor, representative or agent of the Affiliate;
(ii) dollar or $ means Australian dollars;
(iii) a document includes an amendment or supplement to, or a replacement or novation of, that document;
(iv) legislation includes any amendment to it, any consolidation or replacement of it, and any subordinate legislation issued under it;
(v) a month is a reference to each successive month, commencing on the Commencement Date;
(vi) a party includes that party's executors, administrators, successors and assigns;
(vii) a party, recital, clause, schedule or appendix is a reference to a party, recital, clause, schedule or appendix of or to these Terms and Conditions;
(viii) a person, corporation, trust, partnership, unincorporated body or other entity includes any of them; and
(ix) a year is a reference to each successive period of twelve months, commencing on the Commencement Date.
(h) Examples are descriptive only and not exhaustive.
2.2 Subject to these Terms and Conditions, CrownBet will provide the Affiliate with:
an Affiliate Account, which is accessible via the CrownBet Affiliate website http://crownbetaffiliates.com.au/
(b) marketing materials and tracking links via the CrownBet Affiliate website to assist you with referring Affiliate Customers; and
(c) a unique login to the CrownBet Affiliate software to allow you to access daily and monthly reports (Wagering Report) on wagering transactions.
(a) register Affiliate Customers via the Website; and
(b) pay You Commissions in accordance with condition 8 (Commission).
3.1 All new CrownBet customers who:
(a) sign up to CrownBet through the Affiliate’s referral activities; and
(b) have been tracked and designated to the Affiliate’s account; and
(c) deposit into their CrownBet account and place a wager within 45 days of signing up to CrownBet,
will become Affiliate Customers.
3.2 Existing CrownBet customers are ineligible to become Affiliate Customers.
3.3 In the event that CrownBet detects that an Affiliate Account is a duplicate account which belongs to an existing CrownBet customer, the duplicate account and Affiliate Account will be deleted. The Affiliate is not entitled to any Commission from duplicate accounts.
3.4 In the event that an Affiliate Customer does not place any cash wagers within any consecutive 6 month period from the date of their most recent cash wager with CrownBet, CrownBet may, at its discretion, no longer treat the customer as linked to the Affiliate’s Affiliate Account. In such circumstance, CrownBet may close that customer’s account or reassign that customer to an alternative Affiliate Account.
3.5 CrownBet will make all reasonable endeavours to ensure that Affiliate Customers participate in wagering activities with CrownBet in accordance with its usual course of business.
3.6 CrownBet may close Affiliate Customer accounts with CrownBet in accordance with its terms and conditions, statutory and regulatory requirements including, for example, on grounds relating to Responsible Gambling.
4.1 The Affiliate agrees to comply with all guidelines and reasonable directions provided to it by CrownBet in relation to its Affiliate Account and these Terms and Conditions.
4.2 Any breach of the Affiliate Guidelines (Schedule 1) by the Affiliate will be considered a breach of these Terms and Conditions.
(a) not trade as, or be associated with a third party wagering investment business or company which offers wagering syndicate investment services on racing or sports (unless otherwise agreed by CrownBet in writing);
(b) ensure that all marketing and promotional materials which it produces comply with all applicable Laws;
(c) ensure that all marketing and promotional materials comply with all applicable responsible gambling requirements and any responsible gambling direction or guidance provided from CrownBet from time to time;
(d) ensure that its advertising, marketing and promotions do not negatively affect the reputation of CrownBet;
(e) promptly update its site with new images provided by CrownBet, from time to time;
(f) display such graphic and/or textual images prominently in relevant sections of its website(s);
(g) keep all relevant account and password details secure and confidential;
(h) not do or permit anything to be done that may harm the goodwill, name or reputation of CrownBet;
(i) use its best endeavours to maintain and promote the image of CrownBet; and
(j) use its best endeavours not to be involved in a situation that brings CrownBet into disrepute, contempt, scandal or ridicule.
(a) Promote wagering to under 18s;
(b) Promote sexually explicit, violent or discriminatory content;
(c) Violate intellectual property rights of CrownBet or any third party;
(d) Pass-off CrownBet as their own business or brand via advertising on social media or other related public domains or acquires domains containing the CrownBet term. Any advertisements on social media by you referencing CrownBet must be approved by CrownBet in writing prior to publication and comply with the relevant social media platform’s guidelines. Advertisements published by you must clearly be promoted as advertisements and social platforms that use language based promotions, such as “Tweets via Twitter”, need to contain hashtags such as #ad, #advert, #spon, #sponsor or similar identifiable wording.
(e) Use or bid on keywords or phrases that contain CrownBet or Crownbet.com or Crownbet.com.au, CrownBetRewards or CrownBetRewards.com BetEzy.com.au, EasyBet, EzyBet, Draftstars or variations thereof. This includes, and is not limited to specified search engines, websites or other channels that include: Google, NineMSN, Yahoo7, Bing and Dogpile.
5.3 Affiliate agrees to obtain the approval of CrownBet for any advertising prepared by it to allow CrownBet to conduct a legal review of such advertising.
5.4 The Affiliate acknowledges that should it breach any of clauses 5.1, 5.2 or 5.3 CrownBet may suspend or terminate the Affiliate Account.
6.1 The Affiliate must use reasonable endeavours and best commercial efforts to actively and effectively market and promote CrownBet as widely as possible in order to maximize the financial benefit to both parties and at all times in accordance with all applicable laws.
6.2 The Affiliate must obtain written approval from CrownBet of all advertising, marketing and promotional materials (including but not limited to social, online, email, SMS, print, outdoor, television radio or other marketing activity) which refer to CrownBet or contain any of CrownBet’s Intellectual Property. CrownBet must not unreasonably withhold such approval.
6.3 Save for marketing materials supplied by CrownBet, the Affiliate is responsible for all costs and expenses incurred in connection with the Affiliate’s advertising, marketing and promotion of CrownBet and the Affiliate.
6.4 It is the responsibility of the Affiliate to ensure that the correct tracking link provided by CrownBet is used on the Affiliate’s website and within email newsletter offers the Affiliates send to its database members.
6.5 The Affiliate’s promotional banners and tracking links may not be placed within unsolicited emails, unauthorised newsgroup postings, chat rooms, through the use of “bots”, or through any means that is considered illegal. Individuals who open CrownBet accounts as Affiliate Customer’s through such banners and links will be excluded from any Commission the Affiliate is entitled to under clause 8.
6.6 The Affiliate must at all times comply with Australian Privacy Laws and the SPAM Act and must not engage in unauthorized and unsolicited email communications, spoofing, or unlawful telemarketing practices including the Do Not Call Register Act.
7.1 CrownBet grants a royalty-free, non-exclusive licence to the Affiliate for the period it holds an Affiliate Account to use the CrownBet Identification in connection with its Affiliate Account, subject to these Terms and Conditions (including all necessary approvals required under these Terms and Conditions) and other reasonable directions CrownBet may impose.
7.2 The rights conferred by these Terms and Conditions merely constitute a licence to use the CrownBet Identification for the purposes of the Affiliate Account and in accordance with these Terms and Conditions and do not confer any property right or interest in the CrownBet Identification.
7.3 The Affiliate must ensure that any authorised use by it of the CrownBet Identification complies with any trademark and logo usage requirements notified from time to time by CrownBet to the Affiliate.
8.1 Unless otherwise agreed with CrownBet in writing, the Affiliate will be paid 35% of the Net Revenue CrownBet earns from the wagering activities of the Affiliate Customers (Commission).
8.2 Unless otherwise agreed with CrownBet in writing, commission is calculated each calendar month (from the first to last day of each month). At its discretion, CrownBet may place an Affiliate on a quarterly calculation and payment arrangement.
8.3 Net Revenue is calculated using the following calculation:
Net Revenue = Gross Revenue – Costs
8.4 Gross Revenue is calculated by assessing the difference between the value of wagers staked by Affiliate Customers and winnings paid to Affiliate Customers on all settled wagers at the date of bet settlement.
8.5 Costs are calculated by taking into consideration:
(a) Turnover taxes, duties and product fees as administered by licensing authorities and Australian Governing Sporting Bodies;
(b) GST applied to profit and loss on customer wagering activities;
(c) Any winnings paid out on free bets or bonus bets, CrownBet Rewards points, wagering bonuses and wagering incentives paid to Affiliate Customers;
(d) Charges and administration fees levied by electronic payment and credit card organisations and incurred as a result of credit checks and ID verifications; and
(e) Other applicable costs associated with Affiliate Customers.
8.6 Subject to clause 8.7, the Commission payable each month from a customer’s cash wagering activities is calculated independently on a month to month basis (unless a different period is agreed) and there is no negative carryover of a negative Net Revenue amount into the next month (or period).
8.7 Any negative Net Revenue generated from bonus bets in a particular month (or period) will be carried over into the next month (or period) calculation and added to the Net Revenue calculation for the following month(s) (period(s)).
8.8 Commission is calculated in accordance with CrownBet’s reasonable and good faith means of statistical analysis and customer tracking methods. The Affiliate may request an audit of raw data used for the calculation of Commission on the following terms:
(a) The Affiliate must travel to the CrownBet office to conduct the audit at a time agreed with CrownBet;
(b) The audit must be conducted at the Affiliate’s expense;
(c) The Affiliate must keep confidential all information obtained by it during the audit and must not disclose the information to any third party without CrownBet’s prior written consent.
9.1 CrownBet will use reasonable endeavours to ensure that payment of Commission is made on the 15th of each month for Commission calculated in the preceding calendar month subject to receipt of a valid invoice by CrownBet.
9.2 CrownBet requires the affiliate to provide a Tax invoice to the CrownBet Affiliate manager for commission for the prior month following confirmation of the total commission earned for the period. The CrownBet Affiliate Manager will confirm the correct commission with the Affiliate. The Tax invoice should include; Tax Invoice number, Affiliate Business name, address, ABN or registered Business number, Bank Account name and banking details for EFT payment of commission.
9.3 Payment of Commission will be made by electronic funds transfer to the Affiliate’s nominated bank account specified on the invoice supplied by the Affiliate.
10.1 CrownBet may at its discretion withhold Commission otherwise payable to the Affiliate where the Affiliate is in breach of this these Terms and Conditions
10.2 Circumstances in which Commission may be withheld by CrownBet include (but are not limited to) Commission attributable to:
(a) suspected and fraudulent customer accounts;
(b) banned customers;
(c) customers deemed to be related to the Affiliate;
(d) customers signed up as an Affiliate Customer in a manner which is in breach of these Terms and Conditions; and
(e) an account which we suspect is being used for wagering losses rebate purposes.
11.1 The Affiliate is entitled to dispute the calculation of Commission or amounts paid to the Affiliate in accordance with these Terms and Conditions by submitting a written request to CrownBet within 14 days of the end of the relevant month in line with the invoicing process outlined at 9.2.
12.1 The Affiliate is not permitted to wager with its Affiliate Account or sign up family members or partners as Affiliate Customers through its Affiliate Account.
12.2 Affiliates and family members (including partners) of Affiliates may hold an account and wager with CrownBet provided that account is not linked to the Affiliate Account.
13.1 The Affiliate shall keep confidential all Confidential Information and shall not disclose the same in any form or any information contained therein to any third party and shall use the Confidential Information solely for the purpose of performing its duties relating to its Affiliate Account and at all times in accordance with these Terms and Conditions.
13.2 The provisions of this Clause 13 shall not apply to any Confidential Information to the extent that such information:
(a) is in the public domain or becomes publicly known otherwise than by breach of this these Terms and Conditions; or
(b) is required to be disclosed by law, by any court of competent jurisdiction or by any other regulatory body provided that the Affiliate undertakes to give CrownBet not less than 5 Business Days’ notice of such required disclosure in writing wherever practicable.
13.3 The Affiliate agrees to be bound by this Confidentiality Term beyond the expiry or termination of its Affiliate Account.
14.1 CrownBet may, at is discretion, suspend the Affiliate’s account for any period of time in the event that the Affiliate is in breach of these Terms and Conditions or CrownBet suspects on reasonable grounds that the Affiliate is in breach of these Terms and Conditions.
14.2 In the event CrownBet suspends the Affiliate Account in accordance with clause 14, the Affiliate’s rights under these Terms and Conditions will be suspended for the period of suspension (including the items outlined in 2.1 and 2.3).
14.3 During a period where the Affiliate’s Account is suspended, the Affiliate would not be entitled to commission earnings through the period. CrownBet may, at its discretion, continue to pay the Affiliate for commission during a period of suspension.
15.1 Termination by either party
Either party may terminate the Affiliate Account by notice to the other party:
(a) A party suffers an Insolvency Event; or
(b) A party commits disreputable conduct which brings the other party’s name into disrepute; or
(c) At any time with or without cause by serving the other party a minimum of 30 days written notice (via email) of termination.
15.2 Termination by CrownBet
CrownBet may terminate the Affiliate Account immediately by notice to Affiliate if:
(a) The Affiliate breaches any term of these Terms and Conditions; or
(b) CrownBet considers, in its sole discretion, that the Affiliate is unsuitable to be an Affiliate; or
(c) The Affiliate fails to refer a minimum of four new cash depositing Affiliate Customers within any 3 month period; or
(d) The Affiliate, its directors, employees, contractors or representatives are in breach of any Law; or
(e) CrownBet sells its business to another person; or
(f) The Affiliate sells its business or any part thereof to a competitor of CrownBet.
15.3 Termination by the Affiliate
The Affiliate may terminate its Affiliate Account immediately by notice to Affiliate If CrownBet breaches any material term of these Terms and Conditions and fails to remedy the breach within 10 Business Days of receiving a notice from the Affiliate to remedy the breach.
16.1 Upon termination of an Affiliate Account all rights and licences of the Affiliate are immediately terminated and the Affiliate is required to immediately:
(a) Remove all tracking links and other sign-up related content from its website(s);
(b) Cease all use of CrownBet related advertising, marketing and promotional material;
(c) Cease promoting and representing any associate with CrownBet by any means;
(d) Cease all use of any CrownBet Intellectual Property; and
(e) Return and/or destroy any Confidential Information.
16.2 Upon termination the Affiliate:
(a) Will no longer have login access to their affiliate account through CrownBet’s Affiliate Website;
(b) will no longer be able to sign up any Affiliate Customers; and
(c) will, in CrownBet’s sole discretion, be entitled to receive unpaid Commission as set out in Clause 6 earned by you up to and prior to the date of termination;
16.3 If CrownBet allows customers referred by you to continue wagering after termination, this does not constitute or imply that You have an Affiliate Account with CrownBet, or a continuation or renewal of the terminated Affiliate Account, or a termination waiver. In such circumstances the Affiliate will not be entitled to any Commission for wagering activities which occur after the date of termination.
17.1 The Affiliate indemnifies CrownBet in respect of any liability, claim, demand, proceeding, damage, loss or cost arising out of or in connection with:
(a) any act or omission of the Affiliate in connection with these Terms and Conditions;
(b) any breach of these Terms and Conditions by the Affiliate;
(c) any negligence or any misleading or deceptive conduct by or on behalf of the Affiliate;
(d) any failure of the Affiliate to provide CrownBet with correct and accurate information; and
(e) any failure of the Affiliate to keep account details or passwords secure and confidential.
17.2 The Affiliate agrees that, to the fullest extent permitted by law, that CrownBet will not be liable to the Affiliate for any loss, damage, claim or cost arising out of:
(a) Any changes to the Affiliate program made by CrownBet, including any suspension or termination of the Affiliate program;
(b) Any issue arising out of or in connection with the Website, the Affiliate program, Your Affiliate Account or the running of CrownBet’s business as a sports bookmaker generally; or
(c) Any Affiliate Customer account closure or reassignment of Affiliate Customer as provided for in these Terms and Conditions.
Except as provided for in this clause and unless otherwise stated, all consideration (whether monetary or non-monetary) payable or to be provided in connection with an Affiliate Account is exclusive of GST.
No delay or failure by CrownBet to exercise or enforce at any time any right or provision of these Terms and Conditions shall be considered a waiver of CrownBet’s right to exercise or enforce each and every right and provision it has under these Terms and Conditions.
The Affiliate cannot assign, transfer, encumber or otherwise deal with its rights or obligations under these Terms and Conditions, or purport to do so, without the prior written consent of CrownBet.
If you sell your business or the majority shareholding of your company to another person, you must promptly make disclosure about the parties involved in the sale to CrownBet. CrownBet may require the Affiliate to enter into a new agreement with CrownBet or terminate the Agreement in accordance with clause 15.2(f).
If any provision of these Terms and Conditions shall be held illegal, invalid or unenforceable, in whole or part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable and the legality, validity and enforceability of the remaining provisions shall not be affected.
Nothing contained in these Terms and Conditions will create a joint venture, partnership or agency relationship between the Affiliate and CrownBet and neither party will represent that it is the joint venturer, the partner or the agent of the other party. The Affiliate acts as principal in all dealings and will be solely responsible for carrying our all of its obligations in relation to tis Affiliate Account.
The laws of Northern Territory govern these Terms and Conditions. The Affiliate submits to the non-exclusive jurisdiction of courts exercising jurisdiction in Northern Territory in connection with its Affiliate Account.
Schedule 1 - CrownBet Affiliate Guidelines
1. Affiliates must at all times comply with these Guidelines in addition to the terms of any agreement between CrownBet and the Affiliate.
2. Affiliates are required to act in accordance and at all times comply with all rules, laws and regulations applicable to CrownBet’s operation as a licensed sports bookmaker. This includes, but is not limited to, Australian Consumer Law, privacy laws, the SPAM Act, advertising laws, gambling laws and inducement laws.
3. If an affiliate is approved to promote CrownBet via telemarketing, the Affiliate must ensure it does not call anyone on the Do Not Call Register and must otherwise comply with the Do Not Call Register Act 2006. All phone numbers to be called should be washed against the DNCR within 30 days of making a call.
4. Any breach of these guidelines by an Affiliate (including an Affiliate’s employees, contractors and representatives) is considered a breach of the agreement between CrownBet and the Affiliate which CrownBet can rely on to terminate that agreement.
Making available CrownBet Promotions
5. Affiliates may only make available promotional offers to consumers that have been approved by CrownBet and in accordance with any terms and conditions relating to the offer.
6. CrownBet may discontinue or change a promotional offer at any time at its discretion.
7. Affiliates must prominently display any State-based exclusions or other key terms and conditions as contained on CrownBet supplied advertising collateral.
Affiliate Telephone Marketing
8. In all telephone calls to consumers, Affiliates must identify themselves as being from the organisation they are employed by. Affiliates must not misrepresent that they work for or are otherwise representing CrownBet.
9. All telephone calls made by Affiliates to consumers must be made in accordance with scripts that have been approved by CrownBet (including the Scenarios outlined on the following pages of this Guideline).
10. If a prospective client says or makes it known that they do not wish to be contacted the Affiliate must professionally and courteously end the conversation. In no circumstances is the Affiliate to persist with making an offer to a prospective customer if they have made it clear that they do not wish to join CrownBet.
Offers to Victorian and South Australian residents
11. In no circumstance are Affiliates allowed to offer residents of Victoria or South Australia any incentive or inducement to open a CrownBet account.
12. Affiliates may only offer residents of Victoria and South Australia a deposit offer after they have opened an account. An Affiliate cannot imply that they can make such offers at any stage before a prospective customer opens an account.
13. If a resident of Victoria or South Australia asks an Affiliate whether the Affiliate can offer it any sign up, deposit or similar offers, the Affiliate must clearly communicate to the consumer that the law prohibits them from making any such offers to residents of their particular state.
Offers to residents in other Australian States
14. Affiliates may offer residents of all States and Territories (other than Victoria and South Australia) a verbal incentive to open a betting account via telephone, provided they comply with these guidelines.
15. Affiliates must not offer residents of New South Wales, Western Australia, Victoria and South Australia any sign up, first deposit or similar offer that is published in any medium (e.g. on the CrownBet website, Affiliate website etc) which excludes residents of those states, even if they only offer the customer the promotion after they have opened an account. For example, if CrownBet has an advertised sign up offer “Matched first deposit bonus up to $100”, affiliates cannot offer that bonus to residents of those states at any stage including after they have opened an account.
16. Any offer containing a sign up, deposit or other promotional offers must be approved by CrownBet.
If you have any queries regarding these Guidelines or your Affiliate Agreement in general, please contact Michael Liston on (03) 9257 3741 or at Michael.firstname.lastname@example.org.