Terms & Conditions

We are changing our terms and conditions (the “Terms and Conditions”) for the Sky Betting and Gaming Affiliate Program operated by Bonne Terre Limited (the “Program” or the “Affiliate Program”) effective 1 November 2015 (“Effective Date”). New Affiliates from the Effective Date will be immediately bound by these Terms and Conditions upon sign-up and clicking the “I agree” button below. Existing affiliates agree to be bound by these new Terms and Conditions by continuing to be a part of the Affiliate Program from the Effective Date. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN YOU MUST TERMINATE THIS CONTRACT IN ACCORDANCE WITH CLAUSE 13 BELOW. Please read these Terms and Conditions carefully to ensure that you understand them, as these Terms and Conditions form a legally binding contract between you and us (the “Agreement”). By registering for the Affiliate Program, you are deemed by us to have understood and accepted these Terms and Conditions. Additionally, by accessing and utilizing any of our marketing tools or accepting any reward, bonus or commission, whether contained in this Agreement or elsewhere as a part of our Affiliate Program, you have agreed to be bound by all of the Terms and Conditions set out in this Agreement. 

In these terms and conditions, Bonne Terre Limited is referred to as ("we", "us", "our" or "Sky") and an affiliate is referred to as the "Affiliate",  "you" or “your”.

1. DEFINITIONS AND INTERPRETATION

1.1 Affiliate Tracker - the unique tracking reference number used to identify the origin of a Customer via a Link on the Affiliate Websites;

1.2 Affiliate Website - the website(s) controlled and operated by the Affiliate together with any Affiliate co-branded websites from where Sky Services are made available;

1.3 Alternative Commission Arrangement - the percentage of Net Revenue payable in relation to the relevant Gambling Product(s) by Sky to the Affiliate as may be applicable and agreed by the parties in writing under clause 8.2;

1.4 Bingo Ticket - a single bingo ticket or card purchased by a Customer in order to participate in a bingo game operated by Sky on Sky Bingo;

1.5 Casino Game - casino games operated by Sky where the Customer plays against the house on Sky Casino;

1.6 Chargebacks - amounts staked by Customers and later cancelled by Customers through their credit or debit cards, which amounts, therefore, do not form part of Net Revenue;

1.7 Confidential Information - i) information marked as confidential by the disclosing party; and/or (ii) that which the reasonable person would consider to be confidential.

1.8 Control - the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes and Controlled shall be construed accordingly;

1.9 Customer - a customer of the Sky Services, including the Introduced Customers;

1.10 Customer Acquisition Fee - the fee payable to the Affiliate relating to the acquisition of Introduced Customers payable in relation to the relevant Sky Services and which is paid to the Affiliate as set out in clause 8.1;

1.11 Depositing Introduced Customer – an Introduced Customer who deposits money with Sky;

1.12 Fees - the fees payable by Sky to the Affiliate as set out in Clause 8;

1.13 Gambling Product - (i) the licensed remote betting activities which Sky offers under the brand "Sky Bet"; (ii) the licensed remote gaming/casino activities which Sky offers under the brand "Sky Vegas"; (iii) the licensed remote poker activities which Sky offers under the brand "Sky Poker"; (iv) the licensed remote bingo activities which Sky offers under the brand "Sky Bingo"; and (v) the licensed remote live casino activities which Sky offers under the brand “Sky Casino”;

1.14 Gross Revenue – the aggregate sum of Gross Bet Revenue, Gross Vegas Revenue, Gross Poker Revenue, Gross Casino Revenue and/or Gross Bingo Revenue, as applicable;

1.15 Gross Bet Revenue - the sum total of all Introduced Customers' stakes or wagers in respect of online bets placed with Sky on Sky Bet, less winnings paid to Introduced Customers in respect of such wagers;

1.16 Gross Bingo Revenue - the sum total of all Bingo Tickets purchased by Introduced Customers, less the total value of bingo winnings paid to Introduced Customers;

1.17 Gross Casino - the sum total of all amounts staked by Introduced Customers on Casino Games, less the total value of winnings paid to Introduced Customers in respect of Casino Games;

1.18 Gross Poker Revenue - the sum total of all Poker Rakes in respect of Introduced Customers;

1.19 Gross Vegas Revenue - the sum total of all amounts staked by Introduced Customers on Vegas Games, less the total value of winnings paid to Introduced Customers in respect of Vegas Games;

1.20 Intellectual Property Rights - all copyright and other intellectual property rights, howsoever arising and in whatever media, (whether registered or unregistered), including patent rights, trade and service marks, database rights, moral rights, rights in trade names, logos and design rights and any applications for the protection or registration of these rights and all renewals and extensions of them throughout the world;

1.21 Introduced Customer - any Customer who is attached to the Affiliate Tracker who: (i) has not been a Customer before; and (ii) is accepted as a "player" under any applicable sign up or identity verification procedure that Sky may reasonably require (as may be varied from time to time);

1.22 Link - any user interface screens, banner ads or hypertext links linking one webpage to another webpage;

1.23 Month - a calendar month and "Monthly" shall be construed accordingly;

1.24 Net Revenue - Gross Revenue less the relevant Net Revenue Deductions, and "Net Bet Revenue", "Net Casino Revenue", "Net Poker Revenue", "Net Bingo Revenue" and “Net Vegas Revenue” shall be construed accordingly

1.25 Net Revenue Deductions - the following deductions, to the extent that they are applicable to the relevant Net Revenue: (i) Chargebacks; (ii) comps, bonuses, manual adjustments, free bets, promotional cash offers and any other credits granted by Sky to Customers; (iii) cancelled or void bets;(iv) monies attributable to fraud; (v) any licence fee payable by Sky to third parties in respect of materials or intellectual property of third parties incorporated into or included in the relevant Gambling Product (including for the avoidance of doubt the fee payable by Sky in relation to the provision of the back-end software on which the Gambling Product operates); and (vi) any applicable duties, taxes, levies, imposts or other similar charges legally and validly payable by Sky to any relevant authority;

1.26 Net Revenue Share - the percentage of Net Revenue payable in relation to the relevant Gambling Product(s) by Sky to the Affiliate as set out in clause 8 and the Appendix;

1.27 Online Report - the Monthly statement delivered to the Affiliate in accordance with Clause 8.2 and setting out: (i) the Net Revenue; and (ii) the Net Revenue Share due to the Affiliate;

1.28 Poker Rake - the amount deducted by Sky from poker winnings on Sky Poker;

1.29 Restricted Territories - means any country other than the United Kingdom, Ireland, Gibraltar, Isle of Man, the Channel Islands or Finland, as may be updated with notice from time to time;

1.30 Sky Domains - any domain used by Sky in connection with the Sky Websites or any other domain notified by Sky to the Affiliate from time to time;

1.31 Sky Information - the information relating to the relevant Gambling Product available on Sky Websites, including the Sky Marks, and required fully to describe bets and offers including, but not limited to, events, participants, odds, possible outcomes, special offers and/or terms and conditions;

1.32 Sky Marks - all trademarks, services marks, logos and other distinctive brand features of Sky rights in trade names, logos and design rights and any applications for the protection or registration of these rights and all renewals and extensions of them throughout the world (including the Links);

1.33 Sky Websites - www.skybet.com, www.skyvegas.com, www.skypoker.com and www.skybingo.com and www.skycasino.com, together with each of their related mobile sites and Apps;

1.34 Vegas Games - casino games operated by Sky where the Customer plays against the house on Sky Vegas;

1.34 Working Day - Monday to Friday, excluding any UK bank holidays.

2. OBLIGATIONS OF THE AFFILIATE

2.1 The Affiliate must provide true and complete information to Sky when registering with the Affiliate Programme and promptly update any such information if it changes.

2.2 The Affiliate must maintain the Links on its website to the Sky Websites subject to the following provisos:

2.2.1 it is acknowledged that the Affiliate cannot permit uninterrupted access to its website;

2.2.2 each of Sky and the Affiliate shall provide the other with reasonable assistance in respect of the display, access to, transmission and maintenance of the Links;

2.2.3 The Links shall be displayed at least as prominently as any other sales link on the Affiliate’s Website, and if the Affiliate displays or makes accessible to visitors to the Affiliate Websites descriptive information regarding any vendors whose banners are displayed on the Affiliates Website the Affiliate shall, subject to Sky’s prior written approval of the content thereof, include similar descriptive information regarding the applicable Sky Website(s).

2.3 To the extent that database or copyright licences are required to use the data and information appearing on the Affiliate Websites (including, without limitation data and information relating to sport competitions, fixtures and players), the Affiliate at all times have in place all licences required to use such data and information.

2.4 The Affiliate must not:

2.4.1 attempt to market or promote Sky Services within Restricted Territories or attempt to disguise the geographical location of any Customers;

2.4.2 market or promote Sky Services on any website or other platform which promotes illegal activities, contains or links to unauthorised content or otherwise violates intellectual property rights (including but not limited to any website that illegally streams music, video or other content in breach of a third party’s intellectual property rights, or promotes or provides access to the same);

2.4.3 embed any of Sky Services and/or products featuring  Sky Services into the Affiliate Websites without prior written consent from Sky;

2.4.4 promote any customer offers and promotions that are not featured or made available as part of the Affiliate Programme without the prior written permission of Sky;

2.4.5 take any action that could reasonably confuse any Customer or other end user as to the Affiliate's relationship with Sky; and

2.4.6 attempt to communicate to Customers whether directly or indirectly on the Sky Websites to solicit them to move to websites not owned by Sky.

2.5 The Affiliate agrees to use all reasonable commercial endeavours to maximise the number of Introduced Customers to the Sky Websites.

2.6 The Affiliate must only use marketing materials approved by Sky in connection with its marketing activities to obtain Introduced Customers for the Affiliate Programme.

2.7 Sky does not accept cash back or loyalty partners to the Sky Affiliate Programme and Sky will not honour any commissions for any registrations that are generated by cash back/ incentive partners.

3. SEARCH TERM RESTRICTIONS

3.1 Affiliates are not permitted to:

3.1.1 bid on Sky Marks or any other Sky owned or controlled brand names as keywords within paid search activity. Example: Sky Bet, Sky Vegas, Sky Poker, Sky Casino and Sky Bingo;

3.1.2 bid on misspells or variations of Sky Marks or any other Sky owned or controlled brand names as a keyword within paid search activity. Example: Skyebt, skypkoer, skyvegsa;

3.1.3 bid on hybrid terms that contain Sky Marks or any other Sky owned or controlled brand names (including misspells and variations) within paid search activity. Example: SkyPoker sports betting, sky poker online poker, sky pokre online poker;

3.1.4 Affiliates are not permitted to appear under search terms that contain Sky Marks or any other Sky owned or controlled brand names and should therefore, wherever possible, add Sky brand names as a negative keyword;

3.1.5 bid on the brand names of competitors of Sky as a keyword when linking to the Sky Websites or any Sky page appearing on the Affiliate Website for paid search activity; and

3.1.6 include Sky Marks or any other Sky owned or controlled brand names in advertising copy within paid search activity. Example, Sky Bet, Sky Vegas, Sky Poker, Sky Casino and Sky Bingo.

3.2 The above provision shall not, however, prevent the use of Meta Tag keywords on the Affiliate Website which are identical or similar to any of Sky's trademarks or trade names including the terms Sky Poker, Sky Bet, Sky Vegas or Sky Bingo.

3.3 Affiliates wishing to use landing pages within paid search activity should first contact the Affiliate Programme Account Manager at affiliatehub@skybettingandgaming.com. All landing pages must meet the approval of Sky's brand marketing team and comply with Sky's brand and logo guidelines and will be subject to Sky's prior written approval. Use of a landing page by an Affiliate in breach of the provisions of this clause 3.3 will be a material breach of these terms and conditions entitling Sky to terminate this agreement and remove the Affiliate from the Affiliate Programme.

4. DOMAIN RESTRICTIONS

4.1 Affiliates are not permitted to:

4.1.1 place a direct link to Sky Domains within their paid search activity. This includes both display URLs and destination URLs within ad copy;

4.1.2 use domains containing Sky Marks including misspells and variations. Example: www.skyPokeroffers.co.uk, www.topskypokerdeals.com, www.skybingodiscounts.org;

4.1.3 use our brand name (including misspells and variations) within the sub folders of their domains for paid search activity;

4.1.4 use Sky Marks (including misspells and variations) as a sub domain of the Affiliate's own domains for paid search activity. Example: www.skyPoker.affiliatesite.com, www.affiliatesite.skyPoker.co.uk, www.skypoker.affuiliatesite.tv etc.

5. SERVICES TO BE PROVIDED BY SKY

5.1 Sky agrees to:

5.1.1 give the Affiliate access to the Sky Websites for the purpose of extracting the Sky Information solely for the purpose of carrying out the Affiliate's obligations under this Agreement; and

5.1.2 ensure that each Introduced Customer will be tagged as having navigated from the Affiliate Website for the purposes of preparing the Online Report.

6. LICENCE

6.1 Subject to the provisions of Clause 6.2 below, Sky hereby grants the Affiliate a non-exclusive, world-wide, revocable, royalty free licence to use, market, distribute, reproduce, display, transmit and promote the Sky Marks on the Affiliate Websites solely for the purpose of the Affiliate carrying out its obligations under this Agreement.

6.2 Any promotional activity that the Affiliate wishes to undertake containing the Sky Information and the Sky Marks will be subject to Sky's prior written approval. All goodwill arising in the Sky Marks out of any use of any of the Sky Marks by the Affiliate will inure solely to the benefit of Sky.

6.3 The Affiliate shall not use the Sky Marks in a manner that disparages Sky, its associates or its products or services, or portrays the Sky Websites or the Sky Services in a false or negative light.

7. USE OF CUSTOMER DATA AND COOKIES

7.1 Sky does not tolerate any form of spam. If an Affiliate participates in this type of activity, Sky has the right to suspend the Affiliate's participation in the Affiliate Programme and withhold all Fees owed to the Affiliate pending a thorough investigation into the Affiliate's activities.

7.2 Sky takes the infringement of content and the copying of websites very seriously. If an affiliate can prove that another affiliate has copied their website, then the infringing affiliate's participation in the Affiliate Programme will be suspended pending a full investigation and terminated if the infringement is proven to have occurred.

7.3 The Affiliate will, at all times, comply with all data protection legislation in relation to the use of customer data and contact with any Customers.

7.4 The Affiliate will comply with all applicable legislation and/or regulations relating to the use of ‘cookies’ and will comply with all necessary notification procedures of the use ‘cookies’ to all visitors to the Affiliate Websites.

8. REPORTING, FEES AND PAYMENT

8.1 The Net Revenue Share rates payable to the Affiliate during the term of this Agreement are set out in the Appendix unless otherwise agreed in writing by the parties in accordance with clause 8.2.

8.2 In the event that Sky and the Affiliate agree in writing to a net revenue share other than the Net Revenue Share as set out in the Appendix (an “Alternative Commission Arrangement”), the Alternative Commission Arrangement shall only be payable where the Affiliate continues to comply with all performance conditions of the agreed Alternative Commission Arrangement (including without limitation agreed Introduced Customer and/or Net Revenue levels).  If in any Month (or other relevant period) the Affiliate does not meet or exceed the performance conditions of the Alternative Commission Arrangement, the Affiliate’s entitlement to receive the Alternative Commission Arrangement shall terminate with immediate effect on notice by Sky, and thereafter the Affiliate shall only be entitled to Net Revenue Share in accordance with the Appendix.

8.3 Each Month of the term of this Agreement, Sky shall procure that the following Fees are paid to the Affiliate:

8.3.1 if applicable, the Net Revenue Share or Alternative Commission Arrangement for the preceding Month; and

8.3.2 if applicable, the Customer Acquisition Fee for the preceding Month.

8.4 Sky shall, within fifteen (15) Working Days of the end of each Month, provide the Affiliate with secure remote login access to an online report (the ‘Online Report’) at www.affiliatehub.com . The Online Report shall show the Fees payable for the preceding month. 

8.5 The minimum payment thresholds to affiliates vary dependent on the payment method; for wire transfers, the minimum is £700, UK BACS Transfer/UK Same Day Transfer is £100, ACH-USD is $200 USD, Moneybookers/Skrill is £20 and Neteller is £20. 

8.6 Although Sky undertakes that the Online Report shall be substantially accurate, it is acknowledged by the Affiliate that the Online Report may require updates to incorporate permitted deductions or additions which necessarily arise after the issue of that Online Report, including but not limited to "charge backs" made towards the end of the Month (the "Statement Update"). Sky shall include such deductions or additions in the following Month's Online Report.

8.7 All fees and charges specified are exclusive of local taxes, VAT or any other taxes which are payable in addition at then current and applicable rates and are the sole responsibility of the Affiliate. Any fees due to the Affiliate will be made by bank transfer and it is the Affiliate's responsibility to ensure that Sky is in possession of the correct bank details for the Affiliate at all times.

8.8 In the event that the Net Revenue Share in any given month is negative, no Fees shall be due to the Affiliate for that month.

8.9 Sky reserves the right to terminate this Agreement and/or withhold any fees generated by Affiliate should it determine, in its reasonable discretion that Affiliate has engaged in fraudulent behaviour and/or dishonest practices, including, but not limited to, Affiliate referring players who engage in fraud or dishonest betting behaviour.

8.10 Sky reserves the right to suspend this agreement and/or withhold any fees generated by Affiliate, if it suspects that Affiliate has engaged in fraudulent behaviour and/or dishonest practices, including, but not limited to, Affiliate referring players who are suspected of engaging in fraud or dishonest betting behaviour. If, after investigation, Sky, in its reasonable discretion, determines that Affiliate has engaged in fraudulent behaviour and/or dishonest practices, including the referral of players who engage in fraud or dishonest betting behaviour, it may terminate this Agreement in accordance with Clause 8.9. If, after investigation, Sky, in its reasonable discretion determines that Affiliate has not engaged in fraudulent behaviour or dishonest practices, Sky will lift the Affiliate’s suspension and pay Affiliate all fees legitimately earned.

8.11 You understand and agree that potential Introduced Customers must link through a Link which enables us to attach an Affiliate Tracker in order for you to receive Fees in relation to such Introduced Customers. In no event are we liable for your failure to use the right Links.

8.12 At any time, for any reason, we have the right to convert your commission structure from Net Revenue Share to per player Customer Acquisition Fee  and vice versa, as we see fit. We may withdraw a Net Revenue Share option at any time by giving notice to you. You may request to change your Fee option no more than once every calendar month, which may be accepted or rejected by us in our absolute discretion.

9. WARRANTIES

9.1 The Affiliate warrants, represents and undertakes that:

9.1.1 it has obtained and shall maintain all necessary licences and consents to operate the Affiliate Websites;

9.1.2 the Affiliate Websites, and any third party websites to which the Affiliate Websites are  linked, do not and will not contain anything that is offensive, blasphemous, violent, racist, pornographic, defamatory, obscene, menacing, illegal or otherwise likely to bring Sky or its Associates into disrepute;

9.1.3 the Affiliate Websites do not and will not infringe any third party's rights (including but not limited to intellectual property rights) or expose Sky or its Associates to any proceedings whatsoever of a civil or criminal nature;

9.1.4 it will not alter the content, form or operation of the Links without Sky's prior written consent;

9.1.5 Sky's prior written approval must be obtained for the Affiliate to offer incentives to potential new customers (affiliate or player).  Any non-approved, incentivized traffic will be considered to be a material breach of these terms and conditions entitling Sky to terminate;

9.1.6 it shall not conduct any marketing activity aimed at persons under the age of 18 years;

9.1.7 it shall not do or omit to do any act or thing which results in  Sky's name, image or reputation being damaged or adversely affected;

9.1.8 it has independently evaluated the desirability of the joining the Sky Affiliate Programme and it is not entering into this Agreement in reliance on any claim or statement made by Sky in connection with the Sky Websites, the Sky Products or the Sky Services; and

9.1.9 it has independently evaluated the laws relating to the Affiliate's activities and having done so, its participation will not result in it being in violation of any applicable laws or regulations.

9.2 The Affiliate shall indemnify Sky (and its directors, employees and agents) against any breach of its obligations or warranties in this Agreement or any act or omission that causes any liability, damage, expense, loss, claim or cost to Sky.

10. LIMITATION OF LIABILITY

10.1 SKY MAKES NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE SKY AFFILIATE PROGRAMME, THE SKY WEBSITES OR ANY PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT THE SKY WEBSITES, SYSTEMS, SOFTWARE, HARDWARE OR NETWORKS WILL BE ERROR FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE OR SUITABILITY, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. ALL WARRANTIES, REPRESENTATIONS, AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

10.2 Sky shall not be liable to the Affiliate in contract, tort or otherwise for any indirect or consequential losses including, without limitation, loss of profits, goodwill or business opportunity. Nothing in this Agreement shall exclude or limit either party's liability in respect of death or personal injury caused by that party's negligence. Sky's aggregate liability to the Affiliate arising in connection with this Agreement (whether in contract, tort or otherwise) shall not exceed the aggregate of all payments made to the Affiliate under this Agreement over the 12 Months’ preceding the event giving rise to the liability.

10.3 Sky expressly disclaims any liability whatsoever to any party and/or third party due to fraud or any dishonest practices undertaken by Affiliate.

11. INTELLECTUAL PROPERTY

11.1 All Sky Marks, Sky Information and other Intellectual Property Rights in the Sky Service including functionality, designs and brands shall remain the property of Sky.

11.2 All Intellectual Property Rights in the Affiliate Websites shall remain the property of the Affiliate.

12. PUBLICITY AND CONFIDENTIALITY

12.1 The Affiliate agrees to keep confidential any information received from Sky in relation to Sky's marketing plans, marketing concepts and fee and bonus schemes and structures. Such information is confidential and proprietary to Sky and must not be disclosed to any third party without Sky's prior written consent.

12.2 The Affiliate must not issue any press release or similar communication to the public with respect to its participation in the Affiliate Programme without the prior written consent of Sky unless required to do so by law or a regulatory authority.

13. TERM AND TERMINATION

13.1 The agreement between Sky and the Affiliate shall take effect from when the Affiliate accepts these terms and conditions in the Affiliate registration process and shall continue until terminated in accordance with the provisions of clause 8 or this clause 13.

13.2 The Affiliate may terminate this Agreement, with or without cause, immediately on written notice provided to Sky send by email entitled "termination" to the Affiliate Programme Account Manager at www.affiliatehub.com.

13.3 Sky may terminate this Agreement, with or without cause, immediately on written notice provided to the Affiliate sent to the Affiliate at such address as the Affiliate has notified to Sky as the address to be used for the serving of notices. 

13.4 Sky shall have the right to suspend an Affiliate's participation in the Affiliate Programme to investigate any activities of the Affiliate that may be in breach of these terms and conditions. During any period of suspension, payments of Fees will also be suspended.

13.5 Immediately on termination by either party:

13.5.1 the Affiliate must cease all promotion of the Sky Websites and all Links must be removed;

13.5.2 Any confidential information provided to the Affiliate by Sky must be returned to Sky;

13.5.3 Sky will prepare a final accounting to the date of Termination to the Affiliate in accordance with the provisions of clause 8 of these terms and conditions but once payment has been made Sky shall have no further liability to pay any further sums to the Affiliate.

14. MISCELLANEOUS

14.1 All notices to be provided under this Agreement shall be given by email to the Affiliate at the address provided by Affiliate when registering with the Affiliate Programme and to Sky to the Affiliate Programme Account Manager, www.affiliatehub.com.

14.2 The failure or delay of either party to enforce any of the terms of this Agreement shall not be construed as a waiver or acceptance of any breach of this Agreement.

14.3 This Agreement, including all annexures and other attachments (if any), represents the entire understanding between the parties hereto relating to its subject matter and supersedes any and all prior agreements whether written or oral that may exist between the parties.

14.4 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and each Party submits to the exclusive jurisdiction of the English Courts.

14.5 The Affiliate may not assign, sub-license or otherwise transfer this Agreement to any third party without the prior written consent of Sky.

14.6 This Agreement shall not create any exclusive relationship, partnership, joint venture, agency or employment between the parties. Neither party has any power to incur any liabilities on behalf of the other.

14.7 Except insofar as this Agreement expressly provides that a third party may in his own right enforce a term of this Agreement, a person who is not a Party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.  This does not affect any right or remedy of a third party which exists or is available apart from that Act.

14.8 This Agreement may be amended by Sky from time to time on notice to the Affiliate.

15. INDEMNITY

Affiliate agrees to release, indemnify, and hold Sky, its contractors, agents, servants, employees, shareholders, officers, directors, affiliates and third party beneficiaries harmless from all liabilities, damages, claims of third parties and expenses (including attorney's fees) relating to or arising under this Agreement and in connection with: (a) Affiliate’s use of the Services, including, but not limited to, infringement by Affiliate, or someone under the control of Affiliate of any intellectual property or other proprietary right of any third party; (b) the breach or the non-compliance by Affiliate of any laws; and/or (c) any fraud, misrepresentation or other dishonest behaviour by Affiliate.

 

APPENDIX

 

If applicable, the percentage of Net Revenue Share which each the Affiliate shall receive in relation to each product is as follows:

 

Net Revenue Share: Months 1-6 from registration date of the Affiliate with the Affiliate Program:

 

Sky Bet

Sky Vegas

Sky Casino

Sky Poker

Sky Bingo

Level 1

25%

or your agreed Alternative Commission Arrangement

 

 

Total Combined Number of Depositing  Introduced Customers From All Products Per Calendar Month

Level 1

0+

 

Net Revenue Share: Month 7+ from registration date of the Affiliate with the Affiliate Program:

 

Sky Bet

Sky Vegas

Sky Casino

Sky Poker

Sky Bingo

Level 1

5%

Level 2

25%

or your agreed Alternative Commission Arrangement

 

 

Total Combined Number of Depositing  Introduced Customers From All Products Per Calendar Month

Level 1

0-5

Level 2

6+