GENERAL CONDITIONS OF SYNOT TIP, A.S. PARTNER PROGRAM
Article I. Introductory provisions
1.1. The operator of this program is the betting company SYNOT TIP a.s., company reg.-no.: 36 472 565, with its registered office Poprad – Matejovce, Továrenská štvrť 1467/24, Post code 059 51, entered in the Commercial Register maintained by the Municipal Court in Prešov, section Sa, insert no. 10483/P (hereinafter referred to as „SYNOT TIP or the Company“). 1.2. Within this program, the partner is an individual or a legal entity (hereinafter referred to as the „Partner“) administrating and operating one or more websites (hereinafter referred to as the „Partner Website“) who is interested in the promotion of the website of SYNOT TIP, in accordance with these General Conditions of the Partner Program (hereinafter referred to as the „Conditions“). 1.3. The SYNOT TIP a.s. Partner Program (hereinafter referred to as the „Partner Program“) is accessible to all Partners approved by SYNOT TIP in accordance with clause 3.1 hereof. 1.4. The subject of this contractual relationship is placing of links and other means of advertising provided by SYNOT TIP on the Partner Website for the purpose of the establishment of the advertising cooperation with the mutual benefit of the contracting parties.
Article II. Subject of the Contractual relationship 2.1. SYNOT TIP makes available to the Partner the selection of advertising means, i.e. logo, banners, text links, PR messages, odds and other. 2.2. By placing one or more means of advertising on the Partner Website, the Partner enables the users of its website to come to websites of SYNOT TIP directly. By using the allotted link codes, SYNOT TIP identifies customers who come through a link on the Partner Website. 2.3. SYNOT TIP is authorized to change or restrict the advertising means or to make new means of advertising available anytime.
Article III. Course of the Contractual relationship
3.1. To enable the Partner to participate in the SYNOT TIP Partner Program, it has to register by completing and sending a form available on the website https://partnerssk.synottip.com/registration.asp. For the purposes of these conditions, the consent and confirmation of the form by the partner shall be understood as the conclusion of the cooperation agreement with the partner. The registration form must include only truthful data. SYNOT TIP shall be entitled to accept or refuse the application without stating any reasons. The Partner shall be informed by e-mail whether an application form for the Partner Program has been confirmed. 3.2. SYNOT TIP shall monitor all transactions and activities of customers brought by the Partner through the Partner Website and shall create a regularly updated statistical overview for the Partner. This overview shall be available to the Partner after log-in on the websites of the SYNOT TIP Partner Program. For purposes of these Conditions, a customer shall be understood a visitor of the Partner website who registers for online betting of SYNOT TIP after it comes over the means of advertising placed on the Partner Website provided to the Partner after the registration to the Partner Program.
Article IV. Calculation of the Commission
4.1 As long as all particulars defined in these Conditions are fulfilled, Partner is entitled to get a commission in the amount of 20% to 40% of net profit that SYNOT TIP generates by their customers who came through the Partner's website, opened an account on the SYNOT TIP website and placed a bet for real money. 4.2 The commission amount is tiered into several levels depending on the number of active customers who have made a minimum deposit of €5 into the player's account (hereinafter referred to as "Active Customer"). The amount of the commission is tiered as follows:
Example: in the month of January, the partner brings 10 customers to his affiliate account which make a minimum first deposit of €5. This means that for the month of January, the affiliate will have a commission of 25% for all players. In the following month the partner will bring in 37 customers. This means that for the month of February the affiliate will have a commission of 35% for all players. 4.3 The company SYNOT TIP reserves the right to eliminate Partner anytime from the Affiliate program, and set the commission to the standard value of 20%. 4.4 The partner shall not be entitled to a commission in the event of mere suspicion of SYNOT TIP that the customer brought by the partner, for which the partner should be entitled to a commission under these terms, is connected to it in any way, is acting in concert with it or is in fact the partner itself. In case of such fraud acting on the part of Partner, Partner is obliged to return full commission paid out to Partner within the Partnership program, if SYNOT TIP asks Partner to do so, within 10 days following the delivery of such call by email or in another appropriate manner. The Partner hereby acknowledges that the above described behaviour can be qualified as criminal if the legal definition of crime or attempt for crime is met. 4.5 Payment of the commission is limited to 1 year from registration of the customer who makes his first deposit of minimum amount of 5€. 4.6 The Company is entitled to alter the rules for receiving the commission, as well as the amount of the actual commission at any time but is bound to subsequently inform the partner about this change. 4.7 If the Partner and SYNOT TIP have agreed on other conditions concerning the amount or method of payment of this commission, this agreement shall take precedence over the general rules laid down in these Conditions. 4.8 The Commission is calculated as the percentage share of the net revenue from the customer who has registered on the SYNOT TIP websites in accordance with clause 3.2 hereof. Net revenue from the customer shall be understood gross revenue generated by the customer after deduction of (i) taxes, fees and other similar payments assessed by the applicable legal regulations (ii) licence fees, (iii) marketing and administrative costs, (iv) costs of transactions and (v) betting or deposit bonuses or other bonuses and/or other demonstrable expenses incurred by SYNOT TIP. Gross revenue generated by the customer is equal to the difference between the accepted deposits and paid winnings. Cancelled bets or other incorrect transactions which were corrected later are also taken into consideration in the calculation of the gross revenue from the customer. The gross revenue from the customer includes only bets made in respect of the online odds betting game. 4.9 A commission shall be recognized to the Partner only from accounts registered through its partner code within 30 days after clicking on advertising element. The Cookies are valid for 30 days.
Article V. Payment of Commission 5.1 The minimum amount for payment of the commission for a calendar month is 30€ including VAT. In case of lower earnings, the amount shall be transferred to the following month and the Partner may ask for payment, once its total commission exceeds the amount of 30€. The maximum limit is not specified. 5.2 Accounting period is a calendar month. The Company shall provide the Partner with an access to the billing for the last calendar month after login to the Partner Program website (https://partnerssk.synottip.com/login.asp). 5.3 The partner will prepare an invoice and shall ask for the payment of the commission by sending it to the email affiliate@synottip.sk by the 20th day of the following month (example: invoice for january need to be sent before february 21.) if conditions included in clause 5.1 are met. If the partner did not sent an invoice in time, or his commission is less than 30€ the amount shall be transferred to the following month. The due date of the tax certificate (invoice) shall be thirty (30) days from its provable posting to the Company. The commissions for payment within the Partner program are displayed to the Partner including value added tax if the partner is a payer. Should the Partner have any claim regarding the commissions and billing, he/she has to inform SYNOT TIP within 10 days at the latest after a statement of commissions for the given month was made accessible. 5.4 Should the customers brought by the Partner generate loss for SYNOT TIP for the given calendar month, for the purposes of the calculation of the total commission, a zero commission shall be considered for this month. A negative commission generated in the given calendar month shall not be transferred to the next calendar month. 5.5 The commission shall be paid out to Partner only provided that at least three (3) players who had come via the Partner website and opened an account on the SYNOT TIP website placed a bet last month. Should Partner fail to meet that condition, the commission will not be paid to him, and will be transferred to the following month. The commission can be transferred in the above described manner until Partner meets all the conditions resulting from the present contract. 5.6 If the Partner does not agree with the amount of the commission that was calculated by the Company, it is obliged to notify SYNOT TIP within ten (10) days following the disclosure of the accounting statement to the Partner on the Partner Program websites (https://partnerssk.synottip.com/login.asp), and electronically to the e-mail address affiliate@synottip.sk, whilst the Partner is also obliged to give all the reasons for disputing the calculation of the commission. If the Partner does not dispute the amount of the commission within the term specified in this article, the Partner is considered to agree with the amount of the commission. 5.7 The Partner is obliged to send an invoice with the commission for a calendar year even if he has not met the Conditions according to clause 5.1 and 5.5 of these conditions, until 20st January of the following year. Otherwise the commission shall be set zero. 5.8 The Partner is obliged to send an invoice with commission if a nonpayer of Value Added Tax becomes a VAT payer. Before such a change, the partner is obliged to send the invoice even if he doesn’t meet the conditions in accordance with clause 5.1 and 5.5 of these Conditions. There must be zero balance to the date of the change on the partner account. 5.9 The Affiliate is required to indicate on the invoice that the amount requested is being paid on the basis of the Affiliate Program and their identifier in the form of their Affiliate ID or login. Article VI Rights and Obligations of the Company 6.1 SYNOT TIP has the right to immediately terminate the co-operation with the Partner, if it has the suspicion that the Partner makes use of links to any type of the spam or if it promotes a service of the Company in a manner which is contrary to these Conditions. 6.2 All costs associated with the generation of advertising means shall be paid by the Company. 6.3 SYNOT TIP provides the Partner with proper link and advertising tools. The Company is entitled to modify or change unilaterally all such materials at any time. 6.4 SYNOT TIP reserves the right to refuse Partner's participation in the Affiliate program as per their sole discretion, i.e. especially not to accept Partner as a partner, or eliminate it from the Affiliate program anytime, and terminate the contractual relationship with it in the manner described under 8.1 of these Conditions. 6.5 SYNOT TIP keeps files of revenue from brought customers, calculates partner commissions generated by using partner links and makes available to the Partner the regularly up-dated performance statistics of its campaigns.
Article VII. Rights and Obligations of the Partner 7.1 The Partner declares that the information with SYNOT TIP has been provided in the online application is truthful and complete. Should any information be changed, the Partner is obliged to immediately update this information. 7.2 The Partner declares that it operates the Partner Website in its own name and is fully authorized to fully dispose of this website. 7.3 The Partner shall pay all costs associated with the implementation of means of advertising on the Partner Website and costs associated with displaying the means of advertising. 7.4 The Partner may use only graphics and materials generated in the SYNOT TIP Partner Program and may not modify these means of advertising in any way. 7.5 The liability for development, operation, maintenance and contents of the Partner Website shall be exclusively borne by the Partner. The Partner shall be liable for the fact that the content of the website is not offensive, defamatory or illegal. In such cases, SYNOT TIP waives any liability. The Partner is further obliged to indemnify the Company for all claims, damages and costs (including unlimited legal costs) which will arise out, directly or indirectly, from the development, operation, maintenance and content of the Partner Website. 7.6 The SYNOT TIP Partner Program is designated only for the participation of registered and approved Partners and Partner Websites. The Partner may not open partner accounts on behalf of other participants. Opening of a partner account for a third party, intermediation of a partner account or transfer of an account shall not be accepted. 7.7 The Partner may not open more than one partner account without prior written consent of the Company. Within one partner account, the Partner may use and maintain more Partner Websites. At the same time, the Partner may not obtain the commission for its own betting account or a betting account of a party who is in any family relationship with the Partner. 7.8 If these Partner program conditions are misused by the Partner, even though just in the phase of attempt, especially if the Partner attempts to get or gets unauthorised commission, or if SYNOT TIP suspects it of any unfair or fraud acting of the Partner, which includes even any unfair or fraud acting connected to Partner or in a harmony acting brought customer, the Company is entitled to terminate the contractual relationship with the Partner immediately, whilst Partner will no longer be entitled to get any due or outstanding commission, and Partner is further obliged to return any paid commission to SYNOT TIP, if the Company asks Partner to do so within 10 days following the delivery by email or in another suitable manner. 7.9 The Partner shall not be authorized to present the Partner Website in such a manner that the risk of confusion with the SYNOT TIP website or the impression that the Partner Website is a website operated by the Company might occur. 7.10 The Partner undertakes that the Partner Website shall not be established solely for advertising purposes but shall also have its content. 7.11 The Partner may not use any domain or subdomain name which might be confused with the SYNOT TIP domain names. 7.12 The Partner acknowledges that SYNOT TIP may anytime conclude contracts with other Partners under the identical conditions or the conditions other than ones provided towards the Partner. 7.13 The Partner may not, under any circumstances, act in a manner which might endanger the integrity of SYNOT TIP. 7.14 The Partner is obliged to keep its user name and password in secret. 7.15 The Partner shall use all means of advertising provided within this program in accordance with these Conditions and shall not provide any third party with them. 7.16 Any visit which has not been performed from a proper advertising space of the Partner (banner, text link, widget etc.) shall not be recognized as coming visit leading to a recognized conversion, and it was likely redirected automatically. This act is regarded as unfair and may result in termination of the co-operation with the Partner. 7.17 Partner shall use no means to achieve an unrealistic increase of a number of views or clicks, or get cookies, including any manual methods. 7.18 Partner shall not participate in any pay-per-click programs (e.g. Sklik, AdWords, eTarget, Azet click, PPC campaigns). 7.19 Partner shall not embed any SYNOT TIP pages in the iframe. 7.20 Upon sending an affiliate e-mail, the partner undertakes to meet the following rules of the e-mail communication: • The subscriber must have the possibility to unsubscribe from the newsletter anytime • The name and the e-mail address of the sender may not include the name of SYNOT TIP. • All addresses from the database must have allowed the subscription of newsletters from the Partner (to not send spam). When granting approval to the sending of commercial communications, the partner must warn the addressee that emails may contain third-party marketing communications. • The Partner is obliged to make use only of such e-mail addresses the owners of which are older than 18 years. • An e-mail must not include false or misleading information • An e-mail must not include malicious software, or attachments • An e-mail must include visible information that this is not the case of a standard communication of the Company • The Partner should promote services and events which are mentioned in the e-mail templates, or, where appropriate, recommended by the affiliate manager • The Partner may use only the graphics and materials obtained from the SYNOT TIP Partner Program and may not modify these means of advertising in any way. • The Partner shall not be authorized to present the Partner Website (or e-mail communication) in such a way that the risk of confusion with the website SYNOT TIP or the impression that the Partner Website is a website operated by SYNOT TIP might occur • The Partner may not use any domain or subdomain name which might be confused with SYNOT TIP domain names • The Partner shall make use of all means of advertising provided within this program in accordance with these Conditions and shall not provide any third party with them • The Partner may not act, in any circumstances, in such a way in which it could endanger the integrity of SYNOT TIP • In case of a breach of some of the above-mentioned rules, SYNOT TIP reserves the right to terminate the co-operation without entitlement to payment of the commission
7.21 The Partner is obligated to respect the method of calculating his/her commission and its amount assessed by SYNOT TIP by the procedure according to article 4 of these conditions.
7.22 SYNOT TIP can share confidential information with the Partner during the duration of this Agreement relating to the business, the operation, the technology used, or the Partner Program. The Partner agrees not to make available and not disclose any confidential information to third parties without the prior written consent of the Company, and to use the confidential information only in its own favour. The obligations of the Partner related to confidential information will remain in force even after the termination of the Partner’s membership in the Partner Program.
Article VIII. Validity and Termination 8.1 Partner program represents a contractual relationship between SYNOT TIP and Partner based on a procedure described in clause 3.1 of these Conditions that are binding for every party to this contractual relationship, and that Partner expresses its consent with by its signing up to the Partner program. As a contractual relationship, the Partnership programme has been concluded for an indefinite term, and each party to it is entitled to terminate it anytime: 8.1.1 by written notice of withdrawal if one of the contracting parties substantially violates its provisions; a substantial violation of this agreement on the part of the Partner shall in particular be deemed a situation where the Partner proceeds in contravention of these Conditions.
8.1.2 by immediate written notice of termination by SYNOT TIP without giving any reason and written notice of termination by the Partner with a notice period of one month without giving any reason. The notice period begins to run on the day following the date on which the notice was delivered to the other party by email or in another suitable manner.
8.2 Any termination of the Partner program does not deprive the parties to this contractual relationship to fulfil their obligations as per these Conditions, especially as concerns a potential obligation of Partner to return to SYNOT TIP any paid out commission that Partner lost the right to according to these Conditions. 8.3 Upon the termination of the Partnership programme, Partner is obliged to remove any commercial means of SYNOT TIP off its website. within one week after the end of the Partner program at the latest. if the Partner fails to meet this obligation, SYNOT TIP is entitled to claim a contractual penalty of 10 times the amount of all paid commissions to the Partner so far. The contractual penalty will be paid by the Partner on the basis of an invoice issued by the Company. The invoice is due within 30 days from its delivery to the partner.
Article IX. Guarantees and Consequences 9.1 SYNOT TIP provides, within the Partner Program, no guarantees in relation to the calculation and payment of advertising commissions. 9.2 SYNOT TIP shall not guarantee that the operation of the Company websites will not be interrupted, or it will be free of errors. The Company shall not be liable for any consequences of the possible interruptions of the operation or errors if they occur. 9.3 In case of discrepancies between the records in the Partner Program (https://partnerssk.synottip.com) and the Company database, records from the database shall be regarded as correct.
Article X. Limitation of the Liability 10.1 SYNOT TIP shall not be liable for direct, extraordinary or subsequent damages (or any losses of revenue, profit or data) incurred in association with this arrangement relating to the Partner Program. 10.2 The total liability of the Company arising from this arrangement and the Partner Program shall not exceed, according to this arrangement, the total amount of the advertising commission paid or to be paid. 10.3 Any liability arising from this arrangement shall be settled by advertising commissions and is limited to the direct damages.
Article XI. Final provisions 11.1 SYNOT TIP reserves the right to make any amendment to the Conditions of the Partner Program or to suspend or terminate this program at any time. Any change of these Conditions is valid as of the publication of their new wording. SYNOT TIP is obligated to subsequently notify the Partner of the change of these Conditions.
11.2 A notice of the change or the newsletter shall be published on the websites of the Partner Program and in these Conditions. Modifications may include e.g. changes in the extent of the offered commissions and further changes in the rules of the Partner Program.
11.3 In case of any disputes regarding Partner Program in any way, the statement of SYNOT TIP shall be decisive.
11.4 The Partner confirms by its participation in the program that he has read these Conditions and agrees to them to the full extent.
11.5 These Conditions shall come into force on 1st December,2019 |
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