Please read this carefully. It is very important that you read and understand these terms and conditions. By ticking the box indicating your acceptance of these terms and conditions and continuing with your application to join our affiliate program, you are agreeing (subject to our approval of your application) to the terms and conditions below. If you do not agree with the terms and conditions (or is not authorized to do so) you should not continue with your application. If you have any questions regarding our affiliate program or these terms and conditions, please contact the relevant Affiliate Manager. Please click here to contact us. As a policy, uBet368 shall not accept an online application for registration as an affiliate if you advertise with Internet Protocol (IP) addresses located in or originating from within the geographical jurisdiction of the United States. This AGREEMENT details all the terms and conditions of customer ship to uBet368 Affiliates Program. "You", the "affiliate" refers to you, the individual, group or corporate entity registering with us as an affiliate under this AGREEMENT, and shall be deemed to include any employees, officers, directors, shareholders, owners, controlling parties and affiliated individuals and entities (and "your" has a corresponding meaning).
1. uBet368 Rights and Obligations
1.1 Your Application
To join our affiliate programme and become an uBet368 Affiliate member, 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. uBet368 will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any rights of appeal. uBet368 will notify you by email as to whether or not your application has been successful.
1.2 Register your Customers
uBet368 will register your Customers and track their transactions. uBet368 reserves the rights to refuse Customers (or to close their accounts) if necessary, to comply with any requirements uBet368 may periodically establish."Customer" means your visitors who joins our Customer database (by way of registering at one or more of our products/ uBet368 sites including Live Casino, Keno, Slot Games, uSports and Sports) after arriving at the applicable site(s) via one of your click-through URLs, which will be provided to you once you join. By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them. Please be aware that uBet368 no longer accepts Customers who are residents in other country beside Cambodia & Thailand.
1.3 Commission Payment
Subject to the type of Affiliates Commission Plan upon signing or being offered during the time of the Affiliate account opening. uBet368 will pay you referral commission ("Affiliates Commission") of the net profit (after minus all payments, financial, marketing and promotions). uBet368 earns from players directed from your site(s) after they open an account with us and wager for real money at uBet368.com products. Please refer to Clause 3.0
uBet368 may modify any of the terms and conditions contained in this AGREEMENT or replace it at any time and in our sole discretion, by posting a change notice or a new AGREEMENT on our sites, which uBet368 will notify you through the e-mail address that you provided when you joined 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 or of the new AGREEMENT.
2. Your Rights and Obligations
2.1 Linking to our uBet368 websites
By agreeing to participate in this Affiliate program, you are agreeing to create and maintain unique links from your site(s) to the uBet368 websites. You may link to us with any of our banners, e-mails, articles or with a text link. This is the only method by which you may advertise on our behalf.
uBet368 will terminate this AGREEMENT immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. 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.
2.3 Registering of Domain Names
You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of uBet368, or any other name that could be understood to designate the uBet368.
2.4 Bidding on Brand Terms
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 which are identical or similar to any of uBet368's trademarks or variations thereof, or include meta tag and/or keywords on the Partner Site which are identical or similar to any of uBet368's trademarks.
2.5 Agency Appointment
By this AGREEMENT, uBet368 grants you the non-exclusive, non-assignable, right to direct Customers to any of 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 uBet368 obviously intends 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.
2.6 Approved Creative
You will only use our approved advertising creative (banners, HTML / flash mailers, editorial columns, images and logos) and will not alter their appearance nor refer to us in any promotional materials other than those that are available from affiliate. uBet368.com or www. uBet368.com. 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.
2.7 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. uBet368 reserves the right to retain all amounts otherwise due to you under this AGREEMENT if uBet368 have reasonable cause to believe of such traffic. uBet368 reserves the right to withhold affiliate payments and/or suspend or close accounts where affiliated Customers are found to be abusing any uBet368 offers or promotions whether with or without your knowledge, such situations to include but not be limited to different Customers betting both sides of an event or market so as to limit risk and claim bonuses.
2.8 Responsibility for Your Sites
You will be solely responsible for the development, operation, and maintenance of your site(s) and for all materials that appear on your site(s). For example, you will be solely responsible for ensuring that materials posted on your site(s) are not libelous or otherwise illegal. uBet368 disclaims all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site. The uBet368 affiliate program 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 the transfer of an affiliate account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by emailing us at affiliate@uBet368.com. Approval is solely at our discretion.
2.9 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.
3. Commission Calculation & Payouts
3.1 The Commission
Subject to clause 5, you will earn Commission of up to 48% based on the net profit from your referred Customers. (The minimum payment of USD 100 is required to effect payment) Net profit is defined as: All gross monies received by us in respect of all settled bets loss made by Customers after deducting:
- i. Payment charges - Deposit and withdrawal charges involving all the affiliate's customers.
- ii. Media Fees - Any fees that incurred towards uBet368 to support or assist affiliate in conjunction with promotions or marketing purposes.
- iii. Promotion bonuses - Monetary bonuses or rebates given to the affiliate's customers.
uBet368 retains the right to change the Referral Commission percentage and method of calculation of Commission as uBet368 wishes in accordance with clause 1.4.
3.2 Payable Commission Calculations
a. Negative Rollover
Negative commission balances in either Live Casino, Keno, Slot Games, u.Sports or Sports will be deducted from available commissions. Negative earnings are carried forward to the next month. You will have to earn revenue to cover the chargeback before you can start earning revenue again.
b. Real Money Requirement
Complimentary Money, Free Money and Other incentives refer to those amounts credited to the account of Customers. As they have not purchased these amounts, uBet368 cannot pay commissions on these amounts.
3.3 Commission Payout Requests
a. Minimum Active Customer
Your uBet368 affiliate account must have a minimum of five (5) Active Wagering Customers before you can be eligible for Commission payment in a calendar month. An Active Wagering Customer is defined as a visitor to your site(s) who has clicked through to an uBet368 website via your click-through link, has registered as a Customer, deposited funds to their Customer account and conducted betting or playing activity in one or more uBet368 products.
b. Minimum Payout
The minimum payout request for earned Commission per month depends upon the currency denomination of your affiliate account, which is based on a minimum of USD 100. There is no maximum payout limit.
3.4 Commission Payment Method
All Commission Payments will be paid in the currency which was selected when your Affiliate Account was first set up (recommended, the fastest and easiest way to withdraw money via your choice of any of the payment methods supported by uBet368).
3.5 Commission Payment Restrictions
If payment made via the Affiliate’s preferred payment method is rejected for whatever reason, uBet368 reserves the right to hold the commission payment for the Affiliate within a period of time. The Affiliate must contact uBet368 and re-elect his or her preferred payment method. uBet368 will forfeit all commission should the affiliate fail to contact uBet368 within 3 months.
3.6 Commission Payment Date
All commissions shall be paid to you on a monthly basis, approximately within 15 business days following the end of each month. Payments of commissions shall be made directly to you as per your preferred payment method elected by you as part of your application process. The Affiliate should login into the Affiliate Account and submit a request for any commissions earned for the month. uBet368 will then verify the Affiliate's account transactions before the payment is made to the Affiliate's preferred payment method. uBet368 reserves the rights to choose an appropriate payment method should the specified payment method is no longer in service nor available in a certain country.
4. Term and Termination, Consequences and Unsuitable Sites
4.1 Term and Termination
The term of this AGREEMENT will begin when you are approved as an affiliate and will be continuous 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 via e-mail is considered a written and immediate form of notification.
Upon termination you must remove all of our banners/icons from your site(s) and disable all links from your site(s) to ours. All rights and licenses given to you in this AGREEMENT shall be immediately terminated. You will return to us any confidential information and all copies of it in your possession, custody, and control and will cease all uses of our Marks.
4.3 Unsuitable Sites
uBet368 may terminate this AGREEMENT if uBet368 determines (in our sole discretion) that your site(s) is/are 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. In addition, any URL that includes ' uBet368' within its domain is not permitted.
4.4 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 as a player unless subject to uBet368 management approval. The program is intended for genuine players seeking for leisure and entertainment on uBet368 websites.
5. Continued Promotion
You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website(s) in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Commissions based upon your continued promotion of uBet368. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers. Your reduced or suspended promotion of our sites will be deemed to represent your termination of this AGREEMENT.
You shall defend, 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 (a) any breach by you of any warranty, representation or term contained in this AGREEMENT, (b) the performance of your duties and obligations under this AGREEMENT, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and links or this Affiliate program.
uBet368 makes no express 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, uBet368 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 uBet368 affiliate system and the uBet368's database, the database shall be deemed accurate. uBet368 reserves the right to adjust the billing cycle and commission calculation for the interest of both parties without any notice.
8. Limitation of Liability
uBet368 will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this AGREEMENT or the Affiliate program, even if uBet368 has 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 construed to provide any rights, remedies or benefits to any person or entity that is not a part of 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.
9.1 Governing Law and Arbitration
This AGREEMENT shall be governed by and construed in accordance with the laws of the Philippines. Any claims arising out of or in connection with these Terms and Conditions:
a. If commenced by you, shall be referred to and finally resolved by arbitration in the Court of the Philippines in accordance with the Court of the Philippines rules for the time being in force which rules are deemed to be incorporated by reference to this clause. The language of the arbitration shall be the English language.
b. If commenced by uBet368, shall be either, at the sole option of uBet368:
- i. Referred to and finally resolved by arbitration as per clause above; or
- ii. Before the courts of the Philippines to which you agree to submit provided always that such submission shall not affect the right of uBet368 to take legal actions or proceedings in any jurisdiction.
9.2 IN WITNESS WHEREOF
By having read, the terms and conditions, and acknowledging such in the affiliate sign-up form you agree to all the terms and conditions contained herein. uBet368 reserves the right to withhold payment from any affiliate that violates any of the terms and conditions contained herein.
In a case of discrepancy, the original version in English shall prevail.