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William Hill Affiliate Programme Terms & Conditions
The William Hill Website (as defined in clause 2.1) is operated by William Hill Credit Limited of 2 City Walk, Leeds, LS11 9AR ("William Hill").
By completing the registration form found on the William Hill Website you ("the Affiliate") are deemed to have agreed to be bound by all the terms and conditions set out in this Agreement.
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1. Background
1.1 This Agreement contains the terms and conditions that apply to an individual's or entity's participation in the William Hill Affiliate Programme. The subject matter of this Agreement shall be the implementation of a link provided by William Hill on the Affiliate's website to the William Hill Website (the "Link") with the aim of establishing an advertising co-operation for the mutual benefit of the parties.
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2. Linking To The William Hill Websites
2.1 By participating in this Affiliate Programme, the Affiliate agrees to create a unique Link from its websites to http://www.williamhillcasino.com/index.php3 and http://www.williamhillpoker.com/index.php or such other website as William Hill may notify its Affiliates from time to time (the "William Hill Website"). The Affiliate must link to the William Hill Website with one of William Hill's approved icons or banners, which shall comprise one or more William Hill Brand Features ("Icons and Banners"), or with a text link. These are the only methods by which the Affiliate may advertise on William Hill's behalf. Please note that only holders of an existing William Hill sportsbook account are entitled to participate in this Affiliate Programme.
2.2 The Affiliate shall not, by any act or omission, do anything which in William Hill's reasonable opinion is capable of adversely affecting the standing or reputation of William Hill, the William Hill Website or the William Hill Group (as defined in clause 3.5).
2.3 The Affiliate shall comply with the laws and regulations of all relevant countries including, without limitation, those laws and regulations relating to money laundering and/or the proceeds of crime, and shall comply with any policy notified to it via the William Hill Website or otherwise in relation to the same.
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3. Licence To Use Marks
3.1 William Hill hereby grants to the Affiliate a non-exclusive, non-transferable licence, during the term of this Agreement, to use certain names, trademarks, logos, insignias, devices, service marks and other distinctive brand features ("William Hill Brand Features"), as made available to it by William Hill in the form of Icons and Banners on the Affiliate's site, solely for the purpose of directing visitors and customers to the William Hill Website. The Affiliate shall not use the William Hill Brand Features in any way other than as expressly set out in this Agreement.
3.2 This licence cannot be sub-licensed, assigned or otherwise transferred by the Affiliate. The Affiliate's right to use the William Hill Brand Features is limited to and arises only out of this license to use the William Hill Brand Features in approved Icons and Banners.
3.3 The Affiliate shall not assert the invalidity, unenforceability, or contest the ownership of the William Hill Brand Features in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice William Hill's rights in the William Hill Brand Features, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
3.4 The Affiliate shall not apply for a trade or service mark similar to, or reasonably capable of being confused with, any trade marks comprising the Icons and Banners or the words William Hill or Will Hill.
3.5 The Affiliate shall not register or apply to register any domain name similar to any domain name used by or registered in the name of any member of the group of companies of which William Hill is a member (the "William Hill Group"), or any other name that could be understood to designate the William Hill Group.
3.6 The Affiliate shall not place pay per click bids with any Internet Service Provider on the keywords William Hill or Will Hill or on any other keyword that is part of the William Hill Brand Features.
3.7 The Affiliate shall cease to use any William Hill Brand Features after being requested to do so by William Hill or on any termination of this Agreement.
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4. Relationship with William Hill
4.1 The Affiliate shall not make any claims, representations, or warranties in connection with William Hill and shall have no authority to, and shall not, bind William Hill to any obligations.
4.2 Upon conclusion of the Agreement, a partner identification code is assigned to the Affiliate. By means of the assigned link codes, William Hill's registration system identifies customer referrals from the Link of the Affiliate's website.
4.3 The Affiliate shall receive monthly commission payments for the lifetime of acquired customers accounts calculated at 20% of both:
- The total net value of casino revenue generated by acquisitions; and
- The total gross value of poker commission generated.
"Acquired Customers" are those customers of William Hill who:
- Do not yet have account with William Hill; and
- Properly register with William Hill within 30 days of accessing the William Hill Website homepage via the Link placed on the Affiliate's website;
4.4 All amounts payable by William Hill pursuant to this Agreement shall be inclusive of any applicable value added tax.
4.5 William Hill shall administrate the turnover generated via the Links, record the total amount of Commissions earned via the Links, provide the Affiliate with report statistics that include, impressions, clicks and accounts created and handle all customer services related to the business.
4.6 William Hill will process Affiliate personal data only for the purposes detailed in this Agreement. Affiliate personal data may also be processed by other William Hill Group companies but will not be passed to any third party save where necessary to conform to legal requirements, comply with legal process, or act to protect the interests of William Hill following a breach of this Agreement by the Affiliate.
4.7 The Affiliate undertakes to ensure that the personal information which it provides to William Hill is complete, true and accurate in all respects and may update its personal information at any time from within its William Hill Affiliate account by clicking the Update Profile button on the navigation bar once logged in.
4.8 To verify the Affiliate's identity, address and ownership of the Affiliate website and/or the Affiliate website domain name, William Hill reserves the right to request at any time satisfactory proof of identity and proof of address of an Affiliate along with such proof of ownership of the Affiliate website and/or the Affiliate website domain name as William Hill shall reasonably require. In the event that the Affiliate fails to provide such proof of identity, proof of address and/or proof of ownership of the Affiliate website and/or the Affiliate website domain name within a reasonable time of William Hill's request, William Hill may terminate this Agreement immediately whereupon the provisions of clause 7.3 shall apply.
4.9 Unsuitable Content. William Hill may terminate this Agreement if it determines (in its sole discretion) that the Affiliate's site or the Affiliate's use of the Link is unsuitable. Unsuitable sites include but are not limited to those that: are aimed at children, display child 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.
4.10 Regulatory Codes. William Hill may terminate this Agreement if it determines (in its sole discretion) that any content on the Affiliate's site (including, without limitation, content provided to the Affiliate by William Hill under this Agreement and the Affiliate's use of the Link on the Affiliate's site) is, or is reasonably likely to be, in breach of any applicable Committee of Advertising Practice codes and/or such other regulatory codes as may apply to such content from time to time.
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5. Good Faith
5.1 The Affiliate shall not benefit from traffic known or suspected not to be generated in good faith whether or not it actually causes William Hill damage. William Hill reserves the right to retain all amounts due to the Affiliate under this Agreement if William Hill has reasonable cause to believe that such traffic has been caused with the Affiliate's knowledge. Even if the Affiliate has not knowingly generated such traffic, William Hill reserves the right to withhold Affiliate Commissions in respect of such traffic.
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6. Responsibility For Affiliate Site
6.1 The Affiliate shall be solely responsible for the development, operation, and maintenance of its site and for all materials that appear on its site. For example, the Affiliate will be solely responsible for ensuring that materials posted on its site are not libellous or otherwise illegal. William Hill disclaims all liability for these matters.
6.2 The Affiliate will indemnify and hold William Hill harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating either to the development, operation, maintenance, and contents of its site or from any allegation that its site infringes any rights of third parties (including copyright and trademark rights, the general right of personality or any other rights).
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7. Termination
7.1 Either party may terminate this Agreement, at any time, without giving any reasons or notice. In such an event, William Hill shall be obliged to settle and pay outstanding Commissions, save for those retained under clause 5, by the 15th day of the following month, but the Affiliate shall have no right of retention or contest.
7.2 The Affiliate shall not (i) undertake any form of spamming, (ii) advertise the William Hill Website or William Hill in any way other than as expressly permitted under this Agreement, or (iii) edit, modify, alter or translate the Icons and Banners in any way. Without prejudice to its rights and remedies, William Hill may terminate this Agreement immediately if the Affiliate breaches this clause 7.2.
7.3 Upon termination of this Agreement:
- 7.3.1 any licences granted by William Hill to the Affiliate under clause 3 will terminate with immediate effect;
- 7.3.2 the Affiliate shall immediately remove all Icons and Banners and Links from its website and stop promoting the William Hill Website;
- 7.3.3 the Affiliate shall immediately destroy or return to William Hill all confidential information provided to it by William Hill pursuant to clause 8;
- 7.3.4 the Affiliate will not be entitled to any Commissions or any other payments which would have accrued after the date of termination;
- 7.3.5 without prejudice to any remedies to which William Hill may be entitled, William Hill will pay the Affiliate the full balance of Commissions owed to the Affiliate (whether more or less than £50) as at the date of termination; and
- 7.3.6 any provisions of this Agreement which are necessary for the interpretation or enforcement of this Agreement shall survive any such termination.
7.4 For the avoidance of doubt, following the termination of this Agreement, the Affiliate shall have no right to contact Acquired Customers, or to access or utilise any data in relation to them in any way whatsoever.
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8. Confidential Information
8.1 During the term of this Agreement, the Affiliate may be entrusted with confidential information relating to the business, operations, or underlying technology of William Hill and/or the Affiliate Programme (including, for example, Affiliate fees earned by the Affiliate under the programme). The Affiliate agrees to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless its has William Hill's prior written consent and that it will use the confidential information only for purposes necessary to further the purposes of this Agreement. The Affiliate's obligations with respect to confidential information shall survive the termination of this Agreement.
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9. General
9.1 Any claim to reimbursement of cost for further advertising activities of the Affiliate shall only be applicable if William Hill has commissioned the Affiliate, in writing, to carry out such further advertising activities.
9.2 The Affiliate acknowledges that - should the promoting or soliciting of bets be prohibited under the rules and regulations of its country of domicile or be permissible only under certain preconditions not met here - it may not enter into this Agreement and shall, consequently, also not be entitled to post any Link on its website.
9.3 William Hill reserves the right to change any terms and conditions of this Agreement at any time. The Affiliate shall be notified via e-mail of any such change.
9.4 This Agreement is governed by the laws of England. Any action relating to this Agreement must be brought in England and the Affiliate irrevocably consents to the jurisdiction of the English courts.
9.5 Should one of the contractual provisions be or become ineffective, all other stipulations of the Agreement shall continue in full force and effect.
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