DABBLE SPORTS PTY LTD (DABBLE) AFFILIATE TERMS AND CONDITIONS
This is v1.2 was last updated on the 21st of June, 2023
This document and the appendices herein sets out the Terms and Conditions (“Terms”) agreed between:
• Dabble Sports Pty Ltd, ACN 641 982 425 (hereinafter “Company” or “Dabble Sports”), a company incorporated in Australia under the Corporations Act 2001.
• The person / company set out on the relevant application form (hereinafter the “Affiliate”, enabling the Affiliate to join and become a member (if the Affiliate’s application is successful) of the Dabble Affiliate Program
For the purposes of this Agreement:
• all references to “we”, “us” and “our” is a reference to Dabble;
• references to Dabble’s discretion means Dabble’s sole and absolute discretion; and
• the words “including” and “includes” are not words of limitation.
1. APPLICATION OF TERMS
1.1. This Agreement applies to your participation in the Program.
1.2. You must not apply to participate in the Program unless you are willing to accept the terms and conditions of this Agreement.
1.3. You must not apply to participate in the Program or accept this Agreement if you are under 18 years of age or are otherwise precluded from participating in the Program under the laws of the country in which you are resident.
1.4. This Agreement will be accepted by you on the date on which you join the Affiliate Program, at which point this Agreement will be legally binding between Dabble and you.
1.5. Dabble may change all or any part of this Agreement at any time and at its sole discretion. Notice will be given by message to the Affiliate’s email address and will be deemed to be served immediately when sent by Dabble. If the Affiliate does not agree to such changes, the Affiliate may terminate this Agreement in accordance with its terms. However, should the affiliate continue to participate in the Program after the Company has posted the changes, this will constitute binding acceptance of such changes.
2. TERM AND TERMINATION
2.1. The Agreement has an initial term of 1 month from the join date, and will automatically be renewed on a rolling monthly basis unless terminated. Either party may terminate the Agreement with 30 days written notice following the initial term.
2.2. Dabble has the right to suspend or terminate this Agreement immediately by notice in writing if the Affiliate materially breaches any terms of this Agreement and does not remedy within 5 business days of receiving notice of the breach. If the Affiliate materially breaches the same term more than 3 times, the Agreement may be terminated regardless of whether or not the breach is remedied.
2.3. Dabble has the right to suspend or terminate this Agreement immediately by notice in writing if the Affiliate fails to acquire at least fifty (50) Qualifying Players over a rolling six (6) month period.
2.4. Where Dabble exercises any power pursuant to clauses 2.2 and/or 2.3:
2.4.1. it will provide information regarding the relevant contravention(s) of this Agreement by Affiliate and/or reasons for its decision; and
2.4.2. it may withhold and/or terminate any payments that otherwise may have been due to Affiliate after the date of the contravention of this Agreement by Affiliate (or after the date on which Dabble considers that Affiliate ceases to be suitable to be an Affiliate) limited to damages incurred by Dabble.
2.5. On termination:
2.5.1. All rights and licenses granted to Affiliate will terminate immediately.
2.5.2. Affiliate must remove all Dabble banners from their website(s) and disable any links to the Dabble website (“Website”) from their website.
2.5.3. Subject to clause 2.4.2 (above), Affiliate will be entitled to unpaid commissions, if any, earned by Affiliate on or prior to the date of termination.
2.5.4. Dabble may withhold final payment for a reasonable time to ensure that the correct amount is paid to Affiliate.
2.5.5. If Dabble continues to permit activity (generation of revenue) after termination from Customers, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.
2.5.6. Affiliate will return to Dabble any confidential information, and all copies of information in its possession, custody or control. Affiliate will cease all use of any trade names, trademarks, service marks, logos and other designations of Dabble or its licensors.
2.5.7. Affiliate and Dabble will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve either party from any liability arising from any breach of this Agreement, which occurred prior to termination.
2.5.8. Upon termination, the Affiliate agrees not to endeavour to entice away from Dabble, for the benefit of some other person or entity (including but not limited to the Affiliate), any other Affiliate or any employee of Dabble at any time during the term of the Agreement.
3. DABBLE’S OBLIGATIONS AND RESPONSIBILITIES
3.1. Dabble may make a variety of graphic and textual links as well as data feed (“Supplied Creative”) available to Affiliate for placement on its website(s). Subject to the terms and conditions of this Agreement, you may display the Supplied Creative as often and in as many areas of your website(s) as you desire. Dabble only provides the Supplied Creative for use by you for the mutual benefit of you and Dabble.
3.2. Dabble hereby grants to Affiliate a non-exclusive, non-transferable, non-assignable right, during the Term, to use the Supplied Creative solely for the express purpose set out in clause 3.1. Dabble owns and shall continue to own exclusively, all right, title and interest (including without limitation, all rights provided under the law of copyright and trade mark) in and to the Supplied Creative and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein, whether registered or unregistered throughout the world and in perpetuity. The licence to use the Supplied Creative is limited to that set out above and this licence shall be terminated immediately on termination of the Agreement.
3.3. You acknowledge that Dabble will register your Customers and will track their play on the Website and/ or phone. By opening an account with Dabble, the Customer agrees that all applicable Dabble rules, policies and operating procedures will apply to them and that Dabble has the right to refuse Customers or close their accounts in its discretion.
3.4. Dabble will track Customers’ play and will supply reports summarising Customer activity to Affiliate. The form, content and frequency of the reports made available to Dabble Affiliates may vary from time to time.
3.5. Unless otherwise agreed in writing, Dabble will only pay Affiliate in respect of commissions earned on Customers which are directly referred by Affiliate through Affiliate’s tracker and are tracked on your Affiliate account.
4. COMMISSION MODEL AND CALCULATIONS
4.1. For the purposes of this clause 4, the following words have the following meanings:
“Net Revenue” means all gross monies received by Dabble from Customers arising from legitimate transactions during the Term of this Agreement less all of the following:
4.1.1. monies paid out to Customers as winnings;
4.1.2. GST on winnings;
4.1.3. any taxes imposed on Dabble by any Australian State or Territory Government relating to betting activity;
4.1.4. monies paid in the form of duties, taxes or levies or other deductions or payments to licensing authorities in the form of ‘product fees’ (e.g. Racing Victoria Limited) or Australian Governing Sporting Body;
4.1.5. charges levied by electronic payment or credit card organisations;
4.1.6. Customer credit and bad debts;
4.1.7. monies attributable to fraud;
4.1.8. returned bets;
4.1.9. administration fees; and
4.1.10. bonus bet winnings, bonuses or other incentives offered to the Customer.
When required, Dabble will apply a standard percentage to all of the above calculations to determine the appropriate deductions from Net Revenue.
“Australian Governing Sporting Body” means an Australian sports organisation that has a regulatory or sanctioning function and includes each of the Australian State and Territory Thoroughbred Racing, Harness Racing and Greyhound Racing peak bodies, National Rugby League, Australian Rugby Union, Australian Football League, Cricket Australia, Tennis Australia, Soccer Australia and National Basketball League.
4.2. Revenue-Share Plan
4.2.1. Dabble will pay the affiliate commission in respect of Net Revenue from Customers and in accordance with clause 2.4.4. You will not be paid in respect of transactions or Customers that breach Dabble’s terms and conditions.
4.2.2. Dabble reserves the right to require, and you agree to make, immediate repayment of any funds paid in excess of Net Revenue resulting from a miscalculation or other error. Any amounts so due may be offset by Dabble against future payments due to you under this Agreement.
4.3. Pay-Per-Acquisition (PPA):
4.3.1. If the / part of the agreed upon commission plan is PPA, Dabble will pay affiliate commission for every Qualifying Customer. A Qualifying Customer is a customer that registers a betting
account with Dabble and makes a First Time Deposit (FTD) and can be attributed to the Affiliate using Dabble’s affiliate tracking software.
4.3.2. Affiliate must acquire at least 5 Qualifying Players per month to be eligible for any Net Revenue Share if part of a hybrid PPA & Net Revenue Share commission model.
5. AFFILIATE OBLIGATIONS AND RESPONSIBILITIES
5.1. Neither you nor your direct relatives (including but not limited to their spouse, partner, parent, child or sibling) or any connected party on your behalf (whether a director, contractor, partner, agent, employee or otherwise) are eligible to become a Customer for the purposes of your Agreement with Dabble, and Affiliate will not be entitled to any share of Net Revenue or any other remuneration from Dabble in relation to such persons.
5.2. Affiliate must use best commercially reasonable efforts to actively and effectively advertise, market and promote Dabble as widely and aggressively and responsibly as possible in order to maximise the financial benefit to both Affiliate and Dabble. Affiliate will only engage in advertising, marketing and promotional efforts which do not violate any law, are not published on Unsuitable websites, are not directed at individuals who are under 18 years of age or who are known to be problem gamblers, and which reflect positively on the business reputation of the Dabble brand. An Affiliate may not trade as, or be associated with a third-party investment business or company which offers investment services on racing or sports. An Affiliate must not place any wager for or on behalf of or in any way connected with any Customer.
5.3. Affiliate must provide Dabble at no cost with all data and information to enable Dabble to monitor Affiliate’s website to ensure compliance with this Agreement.
5.4. Affiliate must ensure that the correct tracking is utilised on their website. Dabble will not change the Affiliate tracking ID for referrals resulting from incorrect or incomplete tracking. Dabble is not responsible for commission fees generated from referrals with incorrect or incomplete referral information.
5.5. Affiliate must not establish any social network domain, blog domain, profile name or display name containing Dabble.
5.6. Affiliate must not purchase any domains that include Dabble, or bidding on any keywords or keyword phrases that include, but are not limited to, Dabble or Dabble.com. This includes, but is not limited to, the following search engines: Google, Bing, Yahoo7, NineMSN.
5.7. Affiliate must not utilise derivatives of Dabble in URLs and directory names for the intention of search engine optimisation.
5.8. Affiliate must only use the data feed provided under this Agreement in accordance with this Agreement and must not make available the data feed to any third party for profit or for the benefit of the Affiliate or the third party accept in accordance with this Agreement.
5.9. Banners, links and data feed must not be placed, or sold, within unsolicited email, unauthorised newsgroup postings, chat rooms or through the use of “bots”. Traffic generated illegally will not be commissionable.
5.10. Affiliate will bear all costs and expenses incurred in connection with the advertising, marketing and promotion of Dabble.
5.11. Affiliate must not create, publish, distribute, or permit any written material that makes reference to Dabble without first submitting such material to Dabble and receiving prior written approval, which will not be unreasonably withheld. Any material approved by Dabble in accordance with this clause constitutes Supplied Creative for the purposes of this Agreement.
5.12. Affiliate agrees to cooperate fully with Dabble in utilising and maintaining Supplied Creative as supplied by Dabble. Furthermore, Affiliate agrees to:
5.12.1. Utilise the entire code for the banners, links and other promotional tools (including the tracking codes therein) and must not in any way alter or remove any part of the code;
5.12.2. Display on Affiliate’s website(s) only the Supplied Creative;
5.12.3. Update the Supplied Creative displayed on Affiliate’s websites when Dabble makes updates to the Supplied Creative from time to time throughout the Term of this Agreement;
5.12.4. Display the Supplied Creative prominently in relevant sections of Affiliate’s website(s);
5.12.5. Only send direct marketing materials to individuals who are over 18 years of age and who are not known to be problem gamblers; and
5.12.6. In accordance with Dabble’s reasonable directions, include ‘Gamble Responsibly’ (or such other responsible gambling message as reasonably requested by Dabble) in connection with all Dabble branded advertising, materials and communications.
5.12.7 Comply with all applicable laws, including but not limited to the Privacy Act and the Spam Act.
5.13. Dabble employs strict eDM (email direct marketing) guidelines and policies for affiliates, media and other third parties. The eDM guidelines and policies serve to protect the Dabble group of companies, and email reputation with members, Internet Service Providers (Google, AOL, Yahoo, Hotmail, etc.) and spam services including Spam Cop, Spam Assassin, Goodmail, Bonded Sender and others. Affiliates that conduct unauthorised eDM communications advertising any of Dabble-related brands may be subject to Dabble placing their Affiliate account under review and withholding all funds otherwise due pending investigation. Classification of eDM communications that would be subject to review includes unsolicited email (spam), spamvertising and spoofing. Affiliate agrees to abide to all No Spam regulations, including the Spam Act 2003 (Cth), and employ best practices in all marketing email communications. Affiliate further acknowledges and agrees that Dabble may potentially incur penalties and legal expenses as a result of unauthorised third-party email communications from Affiliate and in such event these expenses will be deducted from Affiliate’s account. Should these expenses not be covered by funds in Affiliate’s account, Dabble may set-off the amount of such payment against future payments otherwise due to Affiliate or, if requested by Dabble, you must repay any shortfall within 15 days of receiving notice from us.
5.14. Affiliate must not raise any sales invoice in respect of Dabble for any transactions covered by this Agreement.
5.15. Affiliate will indemnify Dabble within 14 days of demand with respect to any and all losses, demands, claims, damages, costs, expenses (including legal costs and expenses) and liabilities suffered or incurred by Dabble in consequence of any breach of this Agreement by Affiliate. Dabble will take reasonable steps to mitigate the amount of any such losses, demands, claims, damages, costs, expenses and liabilities. Any liability of Affiliate under this clause is reduced to the extent that any act or omission by Dabble contributed to that liability.
5.16. Affiliate will acknowledge and comply with the Affiliate Promotion Policy.
5.17. Affiliate must not refer incentivised or adult traffic, unless Dabble gives prior written approval. Commissions will not be paid for any clients who are referred through unapproved channels.
5.18. Affiliate is strictly prohibited from advertising or offering, to people who reside in any State or Territory of Australia which has specific prohibitions on advertising of gambling inducements, any inducement to participate in any gambling activity with Dabble. This includes an inducement to open a betting account, to bet more frequently or any inducement offered without a disclaimer.
5.19. Affiliate must ensure they are compliant with all NSW provisions in Parts 4A and 4B of the Betting and Racing Act 1998 and Part 7 of the Totalizator Act 1997.
5.20. Affiliate must show (and prove) they have adequate Geo Fencing software that can block advertisements containing inducements to any State or Territory of Australia which has specific
prohibitions on advertising of gambling inducements before they undertake any advertising, publishing or promotion of Dabble.
5.21. Upon request from Dabble, Affiliate must immediately remove and cease to promote any Dabble related advertisements, communications and marketing material which Dabble specifies in its request.
5.22. Affiliate must not attempt to open more than one Affiliate account without prior written consent from Dabble, nor will Affiliate earn commissions on their own or related persons’ accounts. Affiliates are not permitted to wager with an Affiliate account. If you would like to wager with Dabble, please set up a separate betting account. In the event you open more than one Affiliate account without our permission or earn commissions on your own or a related person’s account, Dabble has the right to void all current and future plays on those accounts and Affiliate will not be entitled to any commissions (past or future) from such plays.
5.23. If the Northern Territory Racing Commission, or any other regulatory body, makes a request or direction to Dabble which affects this Agreement, Affiliate agrees to provide Dabble with any reasonable assistance it requires to comply with this request or direction. Without limiting the above, Affiliate agrees to provide Dabble with any reasonable assistance it requires in the event that a regulatory body requires the Agreement to be reviewed, modified or approved by the regulatory body.
6. SOCIAL MEDIA MARKETING
Without limiting Affiliate’s other obligations under this Agreement, in relation to all marketing, communications and posts on or via social media platforms (such as Facebook, Instagram, Twitter, Snapchat, TikTok, Reddit and other channels approved by Dabble) relating to Dabble, Affiliate must:
6.2. ensure that advertisements and marketing communications relating to Dabble or gambling in general are not directed at persons under the age of 18 or persons known to be problem gamblers, and to the fullest extent possible, ensure that such communications and advertisements are not accessible by such persons;
6.3. not hold itself out as Dabble, or represent or imply that the communication or advertisement is published by or on behalf Dabble;
6.4. make it clear in any communication by Affiliate to potential Dabble customers that the communication is made without the knowledge or involvement of Dabble and that any complaint that the recipient may wish to make should be addressed to Affiliate and not Dabble; and
6.5. in accordance with Dabble’s reasonable directions, include ‘Gamble Responsibly’ (or such other responsible gambling message as reasonably requested by Dabble) in connection with all marketing, communications and posts relating to Dabble.
7. COMMISSION PAYMENTS
7.1. Dabble will pay Affiliate commission on a monthly basis in arrears and according to the applicable Commission Plan.
7.2. Payment for the preceding month will be processed within 30 days of each calendar month.
7.3. In the event that a revenue share payment amount in any calendar month is a negative amount, Dabble will be entitled, but not obliged, to zero the negative balance that would otherwise be carried forward.
7.4. If 50% or more of an Affiliate’s turnover, Net Revenue or income is dominated by one Customer, we reserve the right to carry forward losses or another arrangement at our discretion.
7.5. All amounts are calculated and paid in accordance with Dabble’s reasonable and good faith means of statistical analysis and Customer tracking methods.
7.6. If the Affiliate’s commission does not exceed $100, Dabble shall be entitled to withhold and carry forward the Commission until the total accrued Commission exceeds $100.
7.7. Dabble will use reasonable endeavours to make payments due to you using the payment details provided to us. However, in certain circumstances we may be unable to make payments to you for reasons outside of our control (e.g. where the bank account details are provided are inaccurate or incomplete). Where this occurs, we will make reasonable efforts for a period of six months to contact you via the contact details last provided by you to Dabble to obtain alternative payment details. If we are still not in a position to make the payments after this period, we may close or suspend your account without further notice and you will be deemed to have forfeited any entitlement to payment.
7.8. If Dabble consider that a Customer is involved in fraud, suspected fraud or a breach of Dabble’s Rules, Terms and Conditions or the Customer is excluded or self-excluded from holding an account with Dabble for any reason, Dabble will not pay Affiliate for the revenues generated by such Customer. If Dabble has paid Affiliate in respect of such Customer, Dabble may set-off the amount of such payment against future payments otherwise due to Affiliate and, if requested by Dabble, you must repay any shortfall to us within 15 days of receiving notice from us.
7.9. If a Customer registered through Affiliate is being investigated for credit card, bank information or address verification, Dabble will withhold payments of profits generated from that Customer until the investigation is completed. If such investigations lead Dabble to ban such Customer, Dabble may set-off all amounts Dabble has paid Affiliate in respect of that banned Customer against future payments otherwise due to Affiliate and, if requested by Dabble, you must repay any shortfall to us within 15 days of receiving notice from us.
7.10. If a customer registered through Affiliate fails to satisfy the Dabble customer identification and verification requirements, Dabble will not pay Affiliate a commission in respect of the revenues generated by such Customer. If Dabble has paid Affiliate in respect of such Customer, Dabble may set-off the amount of such payment against future payments otherwise due to Affiliate and, if requested by Dabble, you must repay any shortfall to us within 15 days of receiving notice from us.
8. WARRANTIES AND LIMITATIONS
8.1. This Agreement contains the entire Agreement between the parties in relation to its subject matter and supersedes all previous Agreements and understandings between the parties with respect to its subject matter.
8.2. You expressly understand and agree that to the fullest extent permitted by law Dabble, its subsidiaries and affiliates, and its licensors and service providers are not liable to you for:
8.2.1. Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, other than where such damages are caused by any act of fraud or wilful misconduct from Dabble. This includes, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost or procurement of substitute good or services, or other intangible loss;
8.2.2. Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
22.214.171.124. any changes which Dabble may make to the Program, or for any permanent or temporary cessation in the provision of the Program (or any features within the Program);
126.96.36.199. the deletion of, corruption of, or failure to store, any content or other communications data maintained or transmitted by or through your use of the Program;
188.8.131.52. your failure to provide Dabble with accurate account information; or your failure to keep your password or account details secure and confidential.
The limitations on Dabble’s liability above apply whether or not Dabble has been advised of or should have been aware of the possibility of any such losses arising.
9.1. Affiliate agrees that if Dabble does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Dabble has the benefit of under any applicable law), this will not be taken to be a formal waiver of Dabble’s rights and that those rights or remedies will still be available to Dabble.
9.2. Affiliate may not assign this Agreement without prior written consent of Dabble. Subject to that restriction, this Agreement will be binding on, operate to the benefit of, and enforceable against Affiliate and Dabble and their respective successors and assigns. Should an affiliated website be sold, whether that website’s existing sheet of Customers will be transferred to the new owner and / or accepted by Dabble for the purposes of the Program is at the discretion of Dabble.
9.3. Dabble and Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of Dabble. Affiliate will not make any statement, whether on its website or otherwise, that states or implies that Affiliate has the authority to represent Dabble.
9.4. Any term or part of a term of this Agreement that is held invalid or unenforceable may be severed from this Agreement and the remaining terms or parts of the terms of this Agreement continue in force.
9.5. The laws of Victoria, Australia govern this Agreement. Any action relating to this Agreement must be brought in Victoria, Australia and you irrevocably consent to the jurisdiction of its courts.
9.6. This Agreement and all representations, obligations, undertakings and warranties contained in it will operate for the benefit of any successor and/or assignees of Dabble.
10. PERSONAL INFORMATION COLLECTION STATEMENT
10.1. When you apply to be an Affiliate with Dabble, Dabble collects certain information about you to assess your suitability to be approved as an affiliate and to administer your participation in our affiliate program. This information includes your name, contact details, bank account and identity verification. We may disclose your personal information to our Related Bodies Corporate, professional advisors, service providers, contractors and other third parties who assist us in operating our business, for example to companies that provide identification verification services (such as GBG Group, Iovation and Accertify) and our bank. For the purposes of verifying your identification using the Document Verification Service you confirm that you are authorised to provide the details that you provide to us during the affiliate sign-up and identity verification process. This information is sought and used for the purpose of undertaking an information match request in relation to relevant Official Record Holder information and that a corresponding information match result will be provided via the use of third-party systems. You acknowledge and consent to the use and access of your information in this way. We may also disclose your