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Apply for an ActiveWins Affiliates Account
These are the terms and conditions of the agreement (the Terms) between You and Trafficsales Media Ltd t/a ActiveWins
Affiliates of 72-76 Steam Packet House, Manchester, M2 4JG, which set out the terms governing your participation in
Active Wins Affiliate Programme ("the Affiliate Programme").
Affiliate, as they set out your and our obligations in relation to the ActiveWins Affiliates Affiliate Programme ("the
In these Terms (except where the context otherwise requires), the following definitions shall
"Affiliate": a member of our Affiliate Programme.
"Agreed Purposes": for the marketing and promotion of the Websites.
"Account ID": a unique identifier which you are provided as an Affiliate and which is how we
identify traffic associated with the Links you post on the Partner Site.
"Applicable Laws": all applicable laws, regulations and codes of conduct from time to time.
"Business Day": any day which is not a Saturday, Sunday or a bank or public holiday in
"Civil Partner": a civil partner (as defined in the Civil Partnership Act 2004)
"Controller", "data controller", "processor", "data processor", "data subject", "personal data",
"processing" and "appropriate technical and organisational measures": as set out in the Data
Protection Legislation in force at the time.
"CPA Payments": the legacy commission payment structure for each Customer that places a
qualifying bet on the Websites, provided that we receive full payment in respect of such bet
and such bet is not placed using any ‘free bets’ or ‘free chips’ or other promotion which we
provide to such Customers.
"Customer": a User who:
a) enters the Websites via the Links containing your Affiliate ID;
b) provides their registration information to us (including a valid email address);
c) we open a new account for (following our validation and approval);
d) places a qualifying bet with us via the account which is associated with your Affiliate
e) is not one of our existing customers at that time and has not previously opened an account
f) is not one of your Direct Relatives.
"Data Protection Legislation": (i) the Data Protection Act 1998, until the effective date of its
repeal (ii) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national
implementing laws, regulations and secondary legislation, for so long as the GDPR is effective
in the UK, and (iii) any successor legislation to the Data Protection Act 1998 and the GDPR, in
particular the Data Protection Bill 2017-2019, once it becomes law.
"Direct Relative": shall include spouse, Civil Partner, child or grandchild (including step or
adopted or illegitimate child and their issue)
"Fraud Traffic" means any traffic directed to the Websites which, in our sole opinion:
i) originates from outside the Territory; or
ii) is as a result of practices which are not in accordance with Applicable Laws; or
iii) is in breach of these Terms; or
iv) is fraudulent.
"Gambling Commission": the Gambling Commission of Great Britain in relation to customers from
Great Britain and means the Gibraltar Gambling Commissioner in relation to customers from all
"Grand National Customer": any person who would otherwise be a Customer but for the fact that they have arrived via a Link to the Websites on the day before or the day of the Grand National horse racing event in Great Britain (or the date of any postponed or re-run of the Grand National during the same horse racing year). This is only applicable for Advertiser Sites which are licensed by the Gambling Commission to provide "General Betting Standard – Real Event" services.
"LCCP": the Licensing Conditions and Codes of Practice issued by the Gambling Commission of Great Britain.
"Licensing Objectives": the three licensing objectives set out in the UK Gambling Act 2005,
a) preventing gambling from being a source of crime and/or disorder, being associated with crime
or disorder and/or being used to support crime;
b) ensuring gambling is conducted in a fair and open way; and
c) protecting children and other vulnerable persons from being harmed and/or exploited by
"Links": internet hyperlinks provided by and/or approved by us and designed to direct User
traffic from the Partner Site to the Websites.
"Membership Period": the period for which you are an Affiliate.
"Minimum Payment": http://www.activewins.com/faqs/
"Net Revenue": means all gross monies received by us via the Websites from the Customers
less all of the following:
a) monies paid out to Customers as winnings;
b) monies paid in the form of betting duties or taxes (or reasonable provisions in respect
thereof) or other statutory deductions or payments to licensing authorities including
without limitation the licensing charges of the British Horse Racing Board
c) charges levied by electronic payment or credit card organisations;
d) bad debts;
e) monies attributed to fraud or Fraud Traffic;
g) returned stakes;
h) provisions for transactions which are reversed by instruction from the card-holder’s
bank (commonly referred to as charge-backs);
i) any monies received from Customers who bet with us via a platform owned or operated
by a third party;
j) the cost of ‘free bets’ or ‘free chips’ provided to Customers as a promotional or
marketing activity; and
k) monies paid out to mobile platform operators.
"Net Revenue Share": the percentage share of Net Revenue detailed on the commission page of your
Affiliate account from time to time.
"Partner Site": means the website(s) you own and control and that we have agreed can be used to
promote the Websites in our Affiliate Programme.
"Permitted Recipients": us, our employees and any third parties engaged by us to perform
obligations in connection with the Affiliate Programme.
"Personal Data": the personal data to be provided by you to us in accordance with these Terms.
Personal Data shall be confined to the following categories of information relevant to the
following categories of data subject:
a) User’s names
b) User’s geographical and email addresses
c) User’s home and mobile telephone numbers
d) User’s consent to the Agreed Purpose
e) other type of personal data
"Required Material": the information that must be displayed, during the Membership Period, on the
"Revenue Share" means your share of Net Revenue or CPA Payments (where appropriate) payable by us
to you in accordance with these Terms.
"Revenue Statements" means a statement showing:
a) the number of Customers introduced by you; and
b) the Revenue Share, in each case for the preceding calendar month during the Membership
from time to time.
You shall include an "unsubscribe" option in each Electronic Communication you send, the
option should be for the service provided by the Affiliate only and should not link to Our Site
any Advertiser site.
The "unsubscribe" facility must always remain fully functional and operational.
The recipients of any Electronic Communication shall be comprised solely of recipients listed in
Opt-In database made up of individuals who have given their express consent to receive marketing
from the Affiliate.
You shall remove from the Opt-In database any recipients who have informed you that they no
wish to receive marketing communication.
You shall not make any representations, warranties or other statements concerning Us,
their/Our relevant products and services.
You shall not send any SMS messages concerning Us, Advertisers or their/Our relevant products
services to any databases.
a) your compliance with these Terms and our instructions regarding tracking Users accessing the
Websites via the Links; and
b) the Partner Site being recorded as providing a customer to us under the Last Click Policy,
we will use our best endeavours to ensure that such User is identified as originating from the
Partner Site (by attaching your Affiliate ID). However, we shall not be liable to you in any way
if we are unable to identify a customer as originating from the Partner Site for whatever
We shall use our reasonable endeavours to:
a) arrange for Revenue Statements to be accessible through the ActiveWins Affiliate Website at "www.activewinsaffiliates.com" and
b) update Revenue Statements on a daily basis.
If an error is made in the calculation of the Revenue Share, we reserve the right to correct such
error at any time and (as appropriate) to either:
a) increase the payment to you (where we have underpaid you); or
b) reclaim from you any overpayment.
You shall market and refer Users to us and will be solely liable for the content and the manner
of any marketing activities undertaken by you on the Partner Site, which must be professional,
proper, lawful and carried out in accordance with
i. the Data Protection Legislation;
ii. the Privacy and Electronic Communications (EC Directive) Regulations 2003;
iii. the LCCP (as amended and replaced from time to time)
iv. the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) as
enforced by the Advertising Standards Authority (ASA); and
v. Unfair Trading Regulations 2008
vi. Competition and Marketing Authority guidelines
vii. The Bribery Act 2010
viii. any privacy, marketing and other such guidelines issued by us from time to time.
You represent, warrant and undertake to us that:
a. you have, and will retain throughout the Term, all right, title and authority to enter into
these Terms, and to perform all of your obligations under these Terms;
b. you have obtained and will maintain in force all necessary registrations, authorisations,
consents and licences to enable you to fulfil your obligations under these Terms;
c. you have obtained and will maintain in force all necessary registrations, authorisations,
consents and licences to use the data and information appearing on the Partner Site;
d. you comply with, and shall continue to comply with, all Applicable Laws; and,
You represent, warrant and undertake that the Partner Site shall:
a) contain no material which, in our sole opinion, is defamatory, pornographic, unlawful,
harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or
discriminatory, violent, politically sensitive or otherwise controversial;
b) not be in breach of any third-party rights;
c) not develop or implement any strategy of marketing which targets (directly or indirectly)
persons under the age of 18 years of age; and
d) not link to any material referred to in a) above.
You must not :
a) abuse the Affiliate Programme in any way, for example by setting-off losses from personal bets
against your Revenue Share; or
c) use the Affiliate Programme in a manner which is disingenuous, in bad faith and/or not in the
spirit of the Affiliate Programme; or
d) 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 Our trademarks or brand trade names from time to time or which otherwise
include the name of any of the brands on the Affiliate Program" or any variation thereof; or
e) include metatag keywords on the Partner Site which are identical or similar to any of our
trademarks or trade names in the affiliate program.
f) use domains or sub-domains containing our trademarks, including misspellings and variations; or
g) directly or indirectly offer any person or entity any consideration or incentive (including,
without limitation, payment of money or other benefit) for using the Links on the Partner Site
to access the Websites (e.g. by implementing any "rewards" programme for persons or entities who
use the Links); or
h) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or
other materials submitted to us by any person or entity; or
i) in any way modify, redirect, suppress, substitute or deconstruct the operation of any button,
link, or other interactive feature of the Websites; or
j) engage in transactions of any kind on the Websites on behalf of any third party, or authorise,
assist, or encourage (other than via the Links) any other person or entity to do so; or
k) take any action that could reasonably cause a User to be confused as to our relationship with
you, or any site on which any functions or transactions are occurring; or
l) post or serve any advertisements or promotional content promoting the Websites; other than the
m) display the Websites (whether through any "framing" technique or technology or pop- up windows or
pop-under windows), or assist, authorise or encourage any third party to take any such action;
n) attempt to artificially increase your Revenue Share; or
o) cause the Websites (or any of it) to open in a User’s browser: other than as a result of the User
clicking on a Link; or
p) attempt to intercept or redirect (including, without limitation, via user-installed software)
traffic from or on any other Affiliate’s website; or
q) attempt to market or promote the Websites outside the Territory; or
r) attempt to disguise the geographical location of any User or Customer; or
s) promote any offers or promotions that are not featured or made available as part of the Affiliate
t) attempt to communicate to our customers, whether directly or indirectly, with a view to
encouraging them to move to websites not owned by us.
a) ensure that you have all necessary notices and consents in place to enable lawful transfer of
the Personal Data to the Permitted Recipients for the Agreed Purposes;
b) give full information to any data subject whose personal data may be processed under this
agreement of the nature such processing. This includes giving notice that, on the termination of
this agreement, personal data relating to them may be retained by or, as the case may be,
transferred to one or more of the Permitted Recipients, their successors and assignees;
c) process the Personal Data only for the Agreed Purposes;
d) not disclose or allow access to the Personal Data to anyone other than the Permitted
e) ensure that all Permitted Recipients are subject to written contractual obligations
the Personal Data (including obligations of confidentiality) which are no less onerous than
those imposed by this agreement;
ensure that you have in place appropriate technical and organisational measures, reviewed and
approved by us, to protect against unauthorised or unlawful processing of personal data and
against accidental loss or destruction of, or damage to, personal data;
not transfer any personal data outside the EEA unless the transferor:
i. complies with the provisions of Articles 26 of the GDPR (in the event the third party is a
joint controller); and
ii. ensures that (i) the transfer is to a country approved by the European Commission as
providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards
in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in
Article 49 GDPR applies to the transfer.
You shall assist us in complying with all applicable requirements of the Data Protection
Legislation. In particular, you shall:
a) consult with us about any notices given to data subjects in relation to the Personal Data;
b) promptly inform us about the receipt of any data subject access request;
c) provide us with reasonable assistance in complying with any data subject access request;
d) not disclose or release any Personal Data in response to a data subject access request
first consulting us wherever possible;
e) assist us, at your cost, in responding to any request from a data subject and in ensuring
compliance with its obligations under the Data Protection Legislation with respect to security,
breach notifications, impact assessments and consultations with supervisory authorities or
f) notify us without undue delay on becoming aware of any breach of the Data Protection
g) maintain complete and accurate records and information to demonstrate your compliance with
this clause and allow for audits by us or our designated auditor; and
h) provide us with contact details of at least one employee as point of contact and responsible
manager for all issues arising out of the Data Protection Legislation, including the procedures
to be followed in the event of a data security breach, and the regular review of your compliance
with the Data Protection Legislation.
We shall not be liable, in contract, tort (including without limitation negligence) or for
of statutory duty or in any other way for:
a) loss (whether direct or indirect) of revenues, profits, contracts, business, business
opportunities, anticipated savings or wasted expenditure; or
b) any loss of goodwill or reputation; or
c) any indirect or consequential losses in any case, whether or not such losses were within the
contemplation of the parties at the date of these Terms, or any other matter under these Terms;
d) any loss or corruption (whether direct or indirect) of data or information.
We may bring the Membership Period to an end with immediate effect by written notice to you
a) you commit a breach of your material obligations under these Terms and in the case of a
remediable breach, fail to remedy it within 7 days of the date of receipt of notice of such
breach from us;
b) you repeatedly breach any of these Terms in such a manner as to reasonably justify the
that your conduct is inconsistent with you having the intention or ability to give effect to the
c) you suspend, or threaten to suspend, payment of your debts or you are unable to pay your
as they fall due or admit your inability to pay your debts or:
i. (being a company or limited liability partnership) are deemed unable to pay your debts within
the meaning of section 123 of the Insolvency Act 1986 as if the words "it is proved to the
satisfaction of the court" did not appear in sections 123(1)(e) or 123(2); or
ii. (being an individual) you are deemed either unable to pay our debts or are deemed as having
no reasonable prospect of so doing, in either case, within the meaning of section 268 of the
Insolvency Act 1986; or
iii. (being a partnership) has any partner to whom any of the foregoing apply;
d) any event occurs, or proceeding is taken, in any jurisdiction to which you are subject and
which has an effect equivalent or similar to the events mentioned in sub-clause (c); or
e) you (being an individual) dies or, by reason of illness or incapacity (whether mental or
physical), is incapable of managing your own affairs or becomes a patient under any mental
We may also terminate your membership of the Affiliate Programme where you have not met the
Minimum Customer Requirement (see clause 11 below).
During the Membership Period, if:
a) you do not deliver at least one (1) new Customer within a period of three calendar months;
b) the Customers you have introduced to us are exhibiting an unusual level of high net losses to
c) you are no longer actively promoting us, then we may contact you to discuss your membership
of the Affiliate Programme. If we do not receive a positive response when we discuss your
membership with you and see evidence of appropriate changes being made within 7 days, we may, at
our sole discretion, i) reduce the percentage Revenue Share payable to you to 10%, with
immediate effect; or treat this as a material breach of these Terms capable of immediate
termination in accordance with the above clause.
Upon termination of your membership of the Affiliate Programme:
a) you must cease all promotion of the Websites and remove all Links on the Partner Site; and
b) any confidential information provided to you by us, and which is marked as confidential, must
be returned to us upon request.