Cloudbet Affiliates Terms & Conditions
www.Cloudbet.com is owned and operated by Halcyon Super Holdings BV (Abraham Mendez Chumaceiro Boulevard 50, Curaçao) (hereinafter, “Cloudbet”, “we” or “us”). Cloudbet is licensed and regulated by the Government of Curaçao under the gaming license 1668/JAZ. Some payment methods are handled by its wholly-owned subsidiary, Solas Technologies Limited (25 Voukourestiou Street, 3045 Limassol, Cyprus).
By completing the affiliate application to the Cloudbet affiliate program (the “Affiliate Program”), you (hereinafter the “Affiliate” or “you”) hereby agree to abide by all the terms and conditions set out in this agreement (the “Agreement”).
You hereby agree and undertake to comply with the following:
1. Our rights and obligations
1.1 Register your Customers
We will register Customers you refer to us and track their transactions on Cloudbet.com. We reserve the right to refuse Customers (or to close/block their accounts) if necessary to comply with any requirements we may periodically establish. “Customer ” means your visitors who join our customer database (by way of registering at Cloudbet.com) after arriving at the applicable website via one of your click-through URLs, which will be provided to you when you join the Affiliate Program. 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.
Cloudbet largely accepts global customers, save for those located in certain restricted jurisdictions set out in clause 7.1 of our Terms of Service (https://www.cloudbet.com/en/help/terms).
1.2 Track Customers’ Play
Cloudbet will track your Customers’ bets, turnover, and revenue, and will endeavor to make this data available to you real-time through our Cloudbet affiliates interface.
1.3 Pay Revenue Share
Cloudbet will pay you Revenue Share in accordance with Section 3 below.
1.4 Your Application
By registering to the Cloudbet Affiliate Program, you will be accepting the terms and conditions set out in this Agreement.
2. Your rights and obligations
2.1 Linking to Cloudbet.com
By agreeing to participate in the Affiliate Program, you agree to create and maintain unique links from your Site(s) to the websites which are owned, operated or branded by Cloudbet. “Site(s)” means any websites, email newsletters and social media platforms owned, operated or branded by you. You may link to a Cloudbet website with any of our banners, social posts, e-mails, or articles with a text link. This is the only method by which you may advertise on our behalf.
You may not place or advertise links on any website or other medium where the content of the website or medium copies or resembles a Cloudbet website in whole or in part disparages us or otherwise damages our goodwill or reputation.
2.2 Minimum referral requirement
All Cloudbet affiliates are required to refer a minimum of 5 active Customers within a three-month period of joining the Affiliate Program in order to receive their first Revenue Share payment. Should you not reach this requirement, your affiliate account may be closed at our sole discretion. An active Customer account must show a consistent pattern of individual Customer bets.
New affiliates are required to have a reasonable number of Customer bets before an affiliate withdrawal will be considered for approval. In this instance, the terms “consistent pattern of individual customer bets” and “reasonable number of customer bets” will be applied at our sole discretion based on our internal analysis. Collusion between active accounts will be considered as an incident of fraud and as such, and in such circumstances we retain the right to terminate this Agreement immediately.
We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our websites or services in any way other than as expressly permitted herein. 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.
2.4 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 Cloudbet, or any other name that could be understood to be connected to Cloudbet.com.
2.5 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 and which are identical or similar to the Cloudbet trademark or otherwise include the word “Cloudbet”, “Cloudbet Casino”, “Cloudbet Sportsbook” or variations thereof, or include metatag keywords on your Site(s) which are identical or similar to any of the Cloudbet trademarks.
2.6 Agency appointment
For the duration of this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to any of our websites 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 we may, at our sole discretion, 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 Revenue Share or other compensation on business secured by or through persons or entities other than you.
2.7 Approved layouts
You will only use our approved advertising creative (banners, HTML 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 affiliates.cloudbet.com.
2.8 Good faith
You will only benefit from Customer traffic actively generated by you in good faith. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to suspect that you have benefited from any other traffic.
We reserve the right to withhold payments to you and/or suspend or close your accounts where Customers are found to be abusing any Cloudbet offers or promotions whether with or without your knowledge. Such situations include but are not limited to different Customers betting both sides of an event or market so as to limit risk and claim bonuses.
2.9 Responsibility for your Site(s)
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 inaccurate, libelous, or otherwise illegal. We disclaim 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(s).
You are responsible for ensuring that any information relating to Cloudbet.com or our other websites that is included on your Site(s) is true, accurate and not misleading in any respect. Should you become aware that any such information is or has become untrue, inaccurate or misleading (whether through notice given by Cloudbet or otherwise), you will correct such information as soon as possible, and in any event within 10 working days.
The Cloudbet 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 permitted and may result in the immediate closure of your affiliate account and termination of this Agreement. Affiliates wishing to transfer an account to another beneficial account owner must first obtain our written permission to do so by contacting us at [email protected]. Approval may be given or withheld at our sole discretion.
2.10 Affiliate tracking link and data sharing
You must use the tracking link provided to you by us for the purpose of the Affiliate Program, otherwise, no guarantee whatsoever can be given for proper registration and attribution of Customers to you by Cloudbet. Furthermore, you undertake not to change or modify in any way any link (including blocking the last click referral URL) or marketing material provided to you by us without first obtaining our prior written content.
You will provide Cloudbet with access to all available data and information regarding each Customer’s user journey to Cloudbet.com, including but not limited to last-click referral URL data.
No affiliation can be made between your Site(s) and Cloudbet.com.
2.12 License to use Marks
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our trade name, trademarks, service marks, logos and any other designations, which we may from time to time approve (“Marks”) solely in connection with the display of the promotional materials on your Site(s). This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this license. You shall not assert the invalidity, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
2.13 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, Revenue Share 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.
2.14 Data Protection
You shall at all times comply with all applicable data protection laws and regulations (including, without limitation, the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and the General Data Protection Regulation (2016/679)), and any other related or similar legislation.
You consent to our holding and processing any personal data we collect about you for the purpose of the performance of this Agreement and the Affiliate Program and our administering and managing our business.
2.15 Know Your Customer
By registering to the Cloudbet Affiliate Program, you agree to abide by all the rules, policies and terms and conditions set out in Cloudbet.com.
If you are found to be registering as a customer with Cloudbet or creating multi accounts through your unique affiliate tracking link, whether for your own personal use or for the use of your relatives, friends or acquaintances, or if you are found in any other way to be attempting to artificially inflate the number of registrations and Revenue Share payable to you, your account will, at our sole discretion, be blocked, suspended or closed and the balance of your account frozen or defaulted.
Cloudbet reserves the right to request “KYC” and any other documentation we deem reasonably necessary in order to verify both customer and affiliate accounts.
2.16 Compliance with laws
You undertake to comply with all applicable laws and regulations (including, without limitation, all anti-bribery and anti-corruption laws and regulations) in the performance of this Agreement and in participating in the Affiliate Program.
3. Calculation of Revenue Share
Your remuneration for the services provided under the Affiliate Program is calculated based on revenue share. Specifically, you will receive a percentage share of Net Gaming Revenue generated by your referred Customers across Cloudbet’s sportsbook, casino, and live casino (the “Revenue Share”). “Net Gaming Revenue” is defined as monthly gross gaming revenue ("GGR”) less deductions towards incentivizing customer retention, including, but not limited to, transaction and other administrative fees, bonuses, loyalty rewards, and game supplier costs.
The exact percentage of Revenue Share that you will receive will be determined by Cloudbet, and will be dependent on, amongst other things, whether Cloudbet classifies you as an “active” or “inactive” affiliate:
Tier 1 = Inactive affiliates that fail to refer any new first time depositing Customers (0 first-time depositors) in the preceding three month period will typically receive a 10% Revenue Share on Net Gaming Revenue generated from their existing Customer referrals.
Tier 2 = Active affiliates that refer at least one new first time depositing Customer in the preceding three month period will typically receive a 25% Revenue Share based on Net Gaming Revenue generated from their existing Customer referrals.
On joining the Cloudbet Affiliate Program, your account will automatically be set to Tier 2 (i.e. our default Revenue Share of 25% of Net Gaming Revenue).
Since 2013, Cloudbet has provided customers with an industry-leading betting experience. The Affiliate Program aims to work with our affiliates to acquire new customers and retain customers to build a lucrative long-term partnership.
To achieve this, Cloudbet provides incentives and loyalty rewards to our customers which not only provide for a seamless betting experience but also contribute to growing your Revenue Share.
These include, but are not limited to:
- Welcome Bonus offers
- Free Spins/Free Bets
- Feature Buys
- Turnover-based bonuses
- Contests and leaderboards
- Custom Rewards accessible in our Marketplace Hub
- Exclusive Rewards
In order to provide these customer incentives, you will bear and/or share with Cloudbet the cost of all incentive and loyalty reward deductions.
Calculating affiliate bonus deductions:
- Welcome bonus - The welcome bonus is incrementally credited into the customer’s account when playing our selection of casino games and collecting loyalty points. We will deduct their commission % in real-time only when the bonus is realized or rolled over.
- Customer Retention - We will deduct from GGR when the customer rolls over their bonus (this includes, but is not limited to deposit bonuses, free bets and roll over bonuses).
- Lightning Points - To reward customers through turnover-based bonuses, we will deduct 1 EUR cent from GGR for every Lightning Point awarded.
- VIP Cashback and retention - To retain VIP customers, Cloudbet may offer bespoke VIP rewards and discounts. We will deduct 100% of any cashback awarded.
An indicative example of a VIP cashback deduction:
NGR = 10,000 EUR
Revenue Share before cashback deduction = 2,500 EUR (at 25% Revenue Share)
VIP Cashback = 250 EUR (to be paid 100% by the Affiliate)
Actual Revenue Share after cashback deduction = 2250 EUR (this net Revenue Share amount would be available to be withdrawn by the Affiliate).
Revenue Share is calculated and credited to or debited from your affiliate account in real-time, at the time each relevant bet is settled. Negative account balances will rollover indefinitely until such time as your account balance is positive.
4. Revenue Share payments
A new affiliate’s Revenue Share will be paid at least once per calendar month upon a withdrawal request made by the affiliate.
In the event that we suspect fraudulent traffic then we may delay payment of Revenue Share indefinitely while we investigate the customer and/or affiliate accounts involved.
Revenue Share payments will be paid in bitcoin or in such other cryptocurrency as Cloudbet may determine in its sole discretion.
5. Term and termination
The term of this Agreement will begin upon your application to create an affiliate account being successfully received by Cloudbet, and will continue until either party notifies the other that it wishes to terminate the relationship. Termination is at will, with or without cause, by either party. For purposes of notification of termination, delivery via e-mail is considered an 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 Cloudbet.com. You will return to us any confidential information and all copies of it in your possession.
For the avoidance of doubt, we may terminate this relationship if we determine (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 or breach any relevant advertising regulations or codes of practice.
6. Relationship of parties
We and you are independent contractors and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf.
You shall indemnify, and hold Cloudbet, our clients, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with: the performance of your duties and obligations under this Agreement; your negligence; or 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.
We make no express or implied warranties or representations with respect to the Affiliate Program, about ourselves or the Revenue Share 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, we make no representation that the operation of our websites will be uninterrupted or error-free and will not be liable for the consequences if there are any.
9. Limit of liability
We 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 we have 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 Revenue Share paid to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies, or benefits to any person or entity not a party to 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 Revenue Share generated and is limited to direct damages.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
11. Governing law
The laws of England will govern this agreement, without reference to rules governing choice of law. Any action relating to this agreement must be brought in England and you irrevocably consent to the jurisdiction of its courts.
12. Entire Agreement
This Agreement sets out the entire agreement and understanding between the parties and supersedes all other agreements whether written or oral between you and the Cloudbet relating to your provision of affiliate services to Cloudbet and such previous agreements (if any) are hereby terminated with immediate effect. You acknowledge and warrant that you are not entering into this Agreement reliant on any representation not expressly set out in this Agreement.
13. Changes to terms and conditions
Cloudbet reserves the right to change any and all terms and conditions you see here at any time without prior notice. Such revisions and additions shall be effective immediately upon notice here within these terms and conditions. You are responsible for reviewing these terms periodically for any modification to these terms that may affect your rights or obligations. Your continued participation in our Affiliate Program following any update to these terms will constitute your binding acceptance thereof.