Last updated 27 March 2018 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.
CrownBet will provide the infrastructure, technology, human resources and investment required to operate an approved online wagering business through the Website.
Subject to these Terms and Conditions, CrownBet will provide the Affiliate with:
During the Term, CrownBet will:
All new CrownBet customers who:
will become Affiliate Customers.
Existing CrownBet customers are ineligible to become Affiliate Customers.
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.
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.
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.
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.
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.
Any breach of the Affiliate Guidelines (Schedule 1) by the Affiliate will be considered a breach of these Terms and Conditions.
The Affiliate agrees that it will:
The Affiliate undertakes that it will not:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
Net Revenue is calculated using the following calculation:
Net Revenue = Gross Revenue – Costs
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.
Costs are calculated by taking into consideration:
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).
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)).
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:
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.
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.
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
CrownBet may at its discretion withhold Commission otherwise payable to the Affiliate where the Affiliate is in breach of this these Terms and Conditions
Circumstances in which Commission may be withheld by CrownBet include (but are not limited to) Commission attributable to:
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.
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.
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.
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.
The provisions of this Clause 13 shall not apply to any Confidential Information to the extent that such information:
The Affiliate agrees to be bound by this Confidentiality Term beyond the expiry or termination of its Affiliate Account.
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.
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).
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.
Either party may terminate the Affiliate Account by notice to the other party:
CrownBet may terminate the Affiliate Account immediately by notice to Affiliate if:
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.
Upon termination of an Affiliate Account all rights and licences of the Affiliate are immediately terminated and the Affiliate is required to immediately:
Upon termination the Affiliate:
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.
The Affiliate indemnifies CrownBet in respect of any liability, claim, demand, proceeding, damage, loss or cost arising out of or in connection with:
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:
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.
If you have any queries regarding these Guidelines or your Affiliate Agreement in general, please contact Michael Liston on (03) 9257 3741 or at email@example.com.