Terms and Conditions
Version 1.1, updated on 15.04.2024
To apply for our affiliate program, you must read, understand, and accept these terms of use. If you do not agree with the terms, do not proceed with the application. If you have any questions regarding our affiliate program, please contact us via email at [email protected] for more information.
AGREEMENT
This document ("Agreement") outlines the terms of use agreed upon between us, Xlivebet Partners – Games Service d.o.o reg. 402922500008, with the registered address at Veljka Mlađenovića 12 (hereinafter referred to as "Xlivebet Partners", "we", "us" or "our") and you (referred to herein as "you", "your" or "affiliate"), in relation to your application to join our affiliate program and to promote the xlivebet.com website and our services.
Xlivebet Partners reserves the right to update or modify this Agreement and to inform affiliates via email 5 days before any changes are implemented and presented on the website in the section regarding affiliate terms of use. If you do not agree with the changes, you are required to terminate this Agreement in accordance with the conditions outlined in this contract. Details of all amendments to the terms will be posted in Clause 9 of this agreement, available in the updated version on xlivebetpartners.com. If you continue to participate in our affiliate program after the changes to the agreement have been posted, it will be considered as your binding acceptance of such changes.
To join our affiliate program, you must accept our terms of use and submit a completed application form. Xlivebet Partners reserves the right to accept or reject your application at its sole discretion. Our decision is final, and no appeal will be considered. Once we make a decision regarding your application, we will notify you via email whether you have been accepted as our affiliate or not. Upon successful application, you will be bound by these terms of use as outlined in this Agreement when promoting the Xlivebet.com website and services. Xlivebet Partners will send you an email with additional information after your application has been accepted.
2. DEFINITIONS
In this Agreement, unless the context requires otherwise:
•"Affiliate" refers to you, a natural or legal person, who applies to participate in the Affiliate Program.
•"Sub-Affiliate" refers to a natural or legal person directed by the Affiliate to Xlivebet Partners in an appropriate manner and who may be linked to the Affiliate's account ID, thus becoming a sub-affiliate under the Affiliate in the XliveBet Partner Program.
•"Affiliate Program" refers to the collaboration between you and us, in which you will promote XliveBet Partners and create links from the affiliate’s website to xlivebet.com, and in return, you will be paid a commission. The commission will be defined by this Agreement or, if otherwise specified, in the "Insertion Order" document depending on the traffic generated to the website in accordance with the terms of this Agreement.
•"Affiliate’s Website" refers to one or more websites on the internet maintained and operated by the Affiliate.
•"Confidential Information" refers to all commercially or substantially valuable information related to us, including but not limited to financial reports and conditions, trade secrets, know-how, pricing, business information, products, strategies, databases, information about new clients, other clients, and users of our websites, technology, marketing plans, and methods of operation, etc.
•"Applicable Data Privacy Laws" refer to all applicable data protection and privacy laws in force at any time, including, without limitation, the Personal Data Protection Act (Official Gazette of Bosnia and Herzegovina No. 49/2006, 76/2011, and 89/2011) and applicable bylaws, guidelines, and codes of practice issued by the competent data protection authority, as well as any other legal and regulatory requirements that are legally binding for any party regarding the processing of personal data under this Agreement.
•"Net Revenue," calculated on a monthly basis, means monthly gross revenue reduced, but not limited to, the money paid to new players as winnings, bonuses, fraud costs, refunds, returned bets, administrative costs as determined by XliveBetPartners in the Agreement or in the "Insertion Order" document, transaction fees, any applicable and relevant gambling taxes, and VAT.
•"Insertion Order" refers to a document that specifies the special terms of cooperation with the Affiliate: the brands/websites to be promoted, target countries, duration of the Agreement, fee and commission structure, etc.
•"Intellectual Property Rights" refer to all patents, trademarks, service marks, designs, trade names, business names, or domain names, email address names, copyrights including rights to computer software (in source and object code), and database rights (whether registered or not and all applications for registration and rights to apply for registration of any of the foregoing), rights to inventions, and web formatting scripts (including HTML and XML scripts), know-how, trade secrets, and other intellectual property rights that may now or in the future exist anywhere in the world, including all rights to recover and the right to sue and recover damages for past infringements.
•"Referred Clients" refers to clients who do not have an account on our website and who sign up for an account with us through the affiliate tracking code.
•"New Depositing Player" refers to a new client/player who has made their first minimum deposit on xlivebet.com and/or websites associated with us and/or the Affiliate. The registration of the new player and the first deposit do not have to occur at the same time.
•"High Roller Player" refers to players generating monthly revenue greater than 3,000 BAM.
•"Revenue Share" means the percentage portion that the affiliate will earn from the gross revenue generated by their referred players/clients/sub-affiliates.
•"Your Website" refers to the website you have informed us about via the affiliate registration form.
•"CPA" (Cost Per Acquisition) means the first deposit (FTD) of the specified player.
•"Reward Plan" refers to the CPA commission paid to the affiliate for the FTD of the specified player.
•"Affiliate Links" refers to internet hyperlinks used by the Affiliate to link from the Affiliate's website(s) or a third-party website to Xlivebet.com.
•In the case of a Reward Plan with a CPA element, XliveBet Partners reserves the right to withhold any payments under the Reward Plan for any user accounts, including but not limited to accounts abusing bonuses, suspended and/or closed accounts, accounts subject to self-exclusion, or any other account the Company deems necessary to suspend and/or close at its discretion.
3. LINKING
3.1 The links provided to you by Xlivebet Partners must be displayed and used in the manner agreed upon between you and us, and you shall not modify the form, location, or operation of the link without our prior written consent.
3.2 You shall ensure that you do not place any links on sections of your website intended for persons under 18 years of age.
3.3 If you wish to place links on websites other than your own, you must first obtain our written consent.
3.4 If we discover that your use of any link is not in accordance with the terms of this Agreement, we reserve the right to take action to disable the links you are using and to immediately terminate this Agreement without notice (see 13.2).
4. REVENUE SHARE CALCULATION
4.1.1 The base commission on gross revenue is set at up to 20% of the player's losses, as calculated in the clause below (4.1.2). Adaptable arrangements, such as CPA and/or Hybrid, are possible upon request. The net or gross revenue of adaptable agreements will be calculated based on the "Insertion Order" document.
4.1.2 The agreement is based on the gross profit generated by the players registered under your Program.
We reserve the right to change the percentage of the revenue share and the method of calculating the revenue share at our discretion in accordance with clause 1.2.
4.1.3 The revenue share model provided in 4.1.1 always applies to casino and sports betting products.
4.1.4 The basic structure of the scale in EUR currency:
Gross Revenue
Min - Max
0 EUR - 2500 EUR 10%
2501 EUR - 5000 EUR 12%
5001 EUR - 7500 EUR 15%
7501 EUR+ 20%
5. PROHIBITED PRACTICES
5.1 You may not offer any additional rewards of any kind to your Referred Clients without our written consent. If Xlivebet Partners believes that you have breached this condition, Xlivebet Partners may terminate your affiliate agreement and withhold any further revenue from your Referred Players (see Condition 13.2).
5.2 You must not generate traffic to Xlivebet.com by registering as a New Player/Client either directly or indirectly (e.g., through associates, consultants, subcontractors, employees, advisors, family members, or other third parties). Such behavior will be considered fraudulent and a violation of the terms of this Affiliate Agreement. You must also not attempt to profit from traffic that is not generated in good faith and integrity, regardless of whether it causes actual harm or loss to us. Whenever you have reasonable suspicion that any New Client/Player you have referred under the Affiliate Agreement is in any way involved in bonus abuse, money laundering, fraud, or any other form of misuse, you will immediately notify Xlivebet of the same. You accept that any New Client/Player found to be abusing bonuses, involved in money laundering or fraud, or assisting in any form of fraud associated with the Affiliate (regardless of whether you have informed us or we have discovered it later) will not be considered a valid New Client/Player under the Affiliate Agreement (and accordingly, Xlivebet will not pay any compensation related to these New Clients/Players).
5.2.1 Neither you, nor your spouse or common-law partner, nor any blood relatives up to the second degree of kinship (parents, adopters, grandparents, children, adoptees, grandchildren), nor relatives up to the second degree (brothers and sisters), nor in-laws up to the first degree (father/mother-in-law, son/daughter-in-law, stepfather/stepmother, stepson/stepdaughter), may under any circumstances receive any share of revenue in relation to your user account or the user account of the mentioned persons.
5.3 You are prohibited from altering, redirecting, suppressing, or modifying the operation of any button, link, or other interactive feature on the Xlivebet website in any way.
5.4 You are prohibited from attempting to artificially inflate the amount of money paid to you by Xlivebet.
Specifically:
You must not advertise to clients in any way who have not expressly and clearly agreed to receive marketing communications or whose consent you have not retained and cannot prove at any time, or to clients whose data has been processed in violation of any data protection laws.
Every email must clearly indicate that it comes from you, not from us.
Every marketing email must include a clear link to unsubscribe from further marketing emails (newsletters).
5.5 You and your sub-affiliates will at all times comply with and adhere to the Data Protection Act (Official Gazette of Bosnia and Herzegovina No. 49/2006, 76/2011, and 89/2011), the European Directive 2002/58EC, the General Data Protection Regulation GDPR/EU/2016-679, and all new or amended data protection laws, as well as the Law on Games of Chance (Official Gazette of Republika Srpska No. 22/19 and 131/20), and the Rulebook on Organizing Internet Games of Chance (Official Gazette of Republika Srpska No. 45/19, 64/19, and 104/19).
5.6 We reserve the right to terminate the Agreement immediately without prior notice if, in our opinion, you have violated any advertising, gambling, or data protection laws and regulations.
5.7 The Affiliate agrees that in its business dealings with "XliveBetPartners," it will not impose any conditions that could restrict or limit the methods or terms of cooperation outlined in this Agreement. Any attempts by the Affiliate to impose additional conditions, demands, or limitations will be considered a breach of contractual obligations, and such behavior will be deemed unfavorable for "XliveBetPartners." In the event of such a breach, "XliveBetPartners" reserves the right to unilaterally terminate cooperation with the Affiliate, which includes the loss of the Affiliate’s right to all future commissions that would otherwise be paid under the terms of this Agreement. Any attempt to impose conditions will result in the automatic and immediate termination of the right to receive commissions and may lead to further legal proceedings against the Affiliate if deemed necessary by "XliveBetPartners."
6. XLIVEBET OBLIGATIONS
6.1 Xlivebet will provide you with links to include clients/players on your website, which may be updated periodically.
6.2 Xlivebet will make every effort to ensure that whenever a Referred Player registers with Xlivebet through your link with the attached tracking code, the relevant client will be identified as originating from your website. However, Xlivebet will not be liable to you in any way if Xlivebet is unable to identify the client as coming from your website.
6.3 We will provide you with tracking tools that allow you to monitor your Affiliate account, your commission amount, and its payment.
6.4 Provided that you strictly adhere to the Affiliate Agreement, we will pay you the Commission in accordance with clause 4, or as otherwise defined in the “Insertion Order” document.
7. PAYMENT
7.1 Payments are made by the 15th of each calendar month.
7.2 The minimum monthly payment for affiliate earnings is 100.00 KM (one hundred convertible marks) or 50 Euros (fifty euros) for international clients. If the revenue share does not exceed 100.00 KM/50 EUR, Xlivebet reserves the right to retain and carry over that sum until the end of the next calendar month, during which the revenue share (including the carried-over sum) exceeds 100.00 KM/50.00 EUR, at which point the payment will be made in that month. For clarity, payment will only be made when there is a positive balance that exceeds 100.00 KM/50.00 EUR in any month.
7.3 If the affiliate’s revenue share for a given calendar month is negative, such negative amounts will be carried over to subsequent month(s).
7.4 The maximum payout amount processed is 10,000.00 EUR/KM for a 30-day period unless otherwise stated in promotional terms and conditions, where exceptions may be made for players with higher VIP status and players who win progressive jackpots. For larger payouts, XlivebetPartners may split the amount into smaller payouts to facilitate the request. However, any withdrawal fee will not be increased as a result of this segmentation.
7.5 Xlivebet will provide you with reports available through your personal affiliate page, http://xlivebetpartners.com, detailing Referred Players and your share in the generated revenues.
7.6 The Commission will be paid gross to include any applicable VAT and withholding tax if the Affiliate is a registered VAT payer in the Republic of Srpska or subject to withholding tax. In the case of payment for affiliate services to Affiliates who are individuals (residents and non-residents of the Republic of Srpska), the Commission will be reduced by all withholding taxes and applicable contributions in accordance with the positive legal regulations in the Republic of Srpska. In the event of any changes to the applicable VAT, the Commission will be adjusted so that XliveBet’s position is not worse than before the change.
7.7 High Roller Players
High Roller players are players who generate monthly revenue of more than 3,000.00 KM/1,500.00 EUR. If in any calendar month, a player with any Affiliate generates a negative revenue share of at least 3,000.00 KM/1,500.00 EUR, such a player will be considered a High Roller player (a player who wins large amounts of money).
These Terms govern the application of both the "negative carryover" policy and the "no negative carryover" policy, with the exception of the “high roller policy” as defined in paragraphs 3 and 4 of this article. The decision on whether to apply the "negative carryover" policy or the "no negative carryover" policy is made and agreed upon in each individual Affiliate Agreement in the Insertion Order document.
When the commission earned by the Affiliate in relation to a High Roller player results in a negative amount in any calendar month, we will have the discretion to carry over all such negative amounts when calculating the Commission for High Roller players, and the negative amounts will be calculated and offset with all future commissions payable to you in connection with the High Roller player until the negative balance is fully offset by future positive commissions.
If any High Roller player has a negative revenue share greater than 3,000.00 KM/1,500.00 EUR in the last calendar month before the current unbilled calendar month, then this negative revenue share will be considered a negative carryover and will be used to calculate the Commission for the current unbilled calendar month.
8. EVENTS BEYOND OUR CONTROL
8.1 Xlivebet will not be held liable or responsible for any failure to perform or delay in performing any of our obligations under these Terms caused by events beyond our control, which are understood as events that could not have been foreseen at the time of contracting and which the contracting parties objectively could not and cannot influence. Such events include all unexpected, extraordinary, unpredictable events beyond our reasonable control, including, without limitation, war, strikes, natural disasters, interruptions in public communication networks or services, industrial disputes, or DDOS attacks and similar attacks on the Internet and our services that may have an adverse effect.
8.2 Performance of obligations will be suspended during the period of the force majeure event, and we will have an extended time to perform our obligations during that period. In any case, we will use reasonable efforts to bring the force majeure event to an end or find a solution by which our obligations can be fulfilled despite the force majeure event.
9. GENERAL, MISCELLANEOUS
9.1 This Agreement constitutes the entire Agreement and understanding between the parties and supersedes any prior agreement between the parties in relation to the subject matter of this Agreement, unless otherwise agreed in the “Insertion Order” document. Nothing in this clause shall limit or exclude any liability for fraud.
9.2 If any court or administrative authority of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, such invalidity or unenforceability shall not affect other provisions of this Agreement, which shall remain in full force and effect.
9.3 Any notice given or made under this Agreement by Xlivebet Partners will be sent by email to the relevant email address at [email protected]. Xlivebet Partners will send you any notices given or made under this Agreement to the email address provided in your registration form or any other email address you have notified to Xlivebet Partners.
9.4 Nothing in this Agreement is intended to create a partnership between the parties or authorize any party to act as an agent for the other, and no party shall have authority to act in the name or on behalf of or otherwise bind the other in any way.
9.5 Neither party shall make any announcement regarding this Agreement or its subject matter without the prior written consent of the other party unless required by law or any legal or regulatory authority.
9.6 The validity, content, and performance of this Agreement (and any claims, disputes, or matters arising out of or in connection with it or its enforceability) will be governed by and construed in accordance with the laws of the Republic of Srpska and Bosnia and Herzegovina. The parties agree to submit to the jurisdiction of the courts in Banja Luka concerning any claim, dispute, or matter arising out of or in connection with this Agreement or its enforceability.
9.7 In the event of any disagreement regarding the meaning of any translated version of this Agreement, the Serbian version will prevail.
10. YOUR PERSONAL DATA
10.1 We are required by law to comply with data protection requirements in how we use any personal data collected from you. Therefore, we take our obligations regarding how we use your personal data very seriously. To find out how we use your personal data, please read our Privacy Policy (https://xlivebet.com/rules/sr/518/pravila-privatnosti)
11. TERM OF AGREEMENT
11.1 This Agreement shall commence on the date we notify you that your application has been successful in accordance with clause 1. This Agreement will continue thereafter unless and until either party terminates it with 30 days’ written notice.
11.2 If you have significantly breached your obligations under this agreement, Xlivebet Partners may immediately terminate this agreement and cease paying you any further share of revenue for your Referred Player(s), by giving written notice
11.3 If a referred client has had no activity for more than 24 months, that client will no longer be considered your referral, and you will no longer be entitled to any further share of revenue from any future income generated by that player.
12. DISCLAIMER OF LIABILITY
12.1 Nothing in this clause shall limit the liability of Xlivebet Partners for death or personal injury resulting from Xlivebet Partners’ negligence or for fraud
12.2 Xlivebet Partners shall not be liable, whether in contract, tort (including negligence without limitation), or otherwise for: loss of income, profits, contracts, business, or anticipated savings; or any loss of goodwill or reputation; or any indirect or consequential losses in any case, whether such losses were foreseeable by the parties on the date of this Agreement or otherwise.
12.3 The liability of Xlivebet Partners shall in no event exceed the total sum of funds paid to you by Xlivebet Partners during the 6-month period immediately preceding the date on which such liability arose.
13. INDEMNITY
13.1 You are solely responsible for all marketing initiatives conducted by you and/or any of your sub-affiliates, including, without limitation, the compliance of such initiatives with applicable legal requirements
13.2 If you have significantly breached your obligations under this Agreement, Xlivebet Partners may immediately, without prior notice, terminate this Agreement and cease paying you any further share of revenue for your Referred Player(s). You will be notified of the immediate termination in writing
13.3 You (“Indemnifying Party”) will, upon request, indemnify Xlivebet and all Xlivebet affiliates, officers, directors, employees, agents, shareholders, and partners (“Indemnified Party”) from and against all losses, claims, demands, damages, costs, expenses (including without limitation consequential losses and loss of profits, reasonable legal costs, VAT on such if applicable), and incurred or suffered liabilities, directly or indirectly, by the Indemnified Party as a result of any breach, non-performance, or non-compliance by you and/or any of your sub-affiliates of any obligations by the Indemnifying Party contained in this Agreement or any applicable law or regulation.
14. INTELLECTUAL PROPERTY
14.1 XliveBet Partners grants you a non-exclusive, worldwide license to display XliveBet brand features and related content ("XliveBet Partners Content") during the term solely for the purpose of displaying links on your website as outlined in this Agreement and in accordance with the XliveBet Partners guidelines, which may be provided to you from time to time. All intellectual property rights and goodwill generated in the Links and any betting products, related systems, and software relating to the services that XliveBet Partners provides to its clients from time to time shall remain the property of XliveBet Partners. You are not permitted to alter or modify XliveBet Partners' content in any way without the express prior written consent of XliveBet Partners.
14.2 You agree that your website will not in any way resemble and/or mimic the XliveBet Partners site, nor will you create the impression that your website is part of the XliveBet Partners website (or any part thereof).
15. WARRANTIES
15.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the term, all rights, title, and authority to enter into this Agreement, grant the rights and licenses granted to the other party under this Agreement, and perform all of its obligations under this Agreement.
15.2 You warrant that you have obtained and will maintain in effect all necessary registrations, authorizations, consents, and licenses required to enable you to fulfill your obligations under this Agreement.
15.3 We do not guarantee that the operation of the XliveBet site will be uninterrupted or error-free, and we shall not be liable for any consequences of such interruptions or errors.
16. AMENDMENTS TO THIS AGREEMENT
This Agreement has not been amended or otherwise supplemented since April 15, 2024.
