General Conditions of Participation Tipico Affiliate Program
- I. Advantages of the Tipico Affiliate Program
- II. About the Tipico Group
- III. General Declaration of Consent by the Affiliate Partner
- IV. Conclusion and effective implementation of the Affiliate Agreement
- V. Subject of the Affiliate Agreement
- VI. Rights and obligations of the Tipico Group
- VII. Rights and obligations of the Affiliate Partner
- VIII. Commercial property rights
- IX. Commission
- X. Duration and termination of the Agreement
- XI. Confidentiality
- XII. Guarantee and liability
- XIII. Amendment of the General Conditions of Participation
- XIV. Other provisions
Read these General Conditions of Participation carefully before agreeing to them. If you do not agree to the General Conditions of Participation (or if you are not authorised to do so), you should not participate in the Tipico Affiliate Program, or (if you have already registered for the Affiliate Program) you should send an email to email@example.com to terminate this Agreement to avoid misunderstandings. If you have any questions about the General Conditions of Participation or any questions in general, please send them to the same email address.
These General Conditions of Participation, the Affiliate Registration Form completed by you and other policies or additional provisions which we have provided to you by email or via our website [https://www.tipico.com/en/affiliate-program/registration/] constitute the conditions that apply for your partnership with Tipico in their entirety. In the event that other additional provisions contravene these conditions, these General Conditions of Participation shall apply, unless these additional provisions are an express amendment of these General Conditions of Participation (e.g. Supplementary Affiliate Agreement).
I. Advantages of the Tipico Affiliate Program
The Tipico-Group’s offering has developed and advanced continuously. As an Affiliate, you can be a part of our success story. This is why we do our best to give our Affiliate Partners the best possible support and to inform them of important things. Our Affiliate Partners enjoy the following benefits in particular:
- Intensive, excellent support from our experienced Affiliate Team
- Attractive commission model
- Process transparency and reliability
- Access to the latest advertising materials and continuous development of the range
- Affiliate Partner notifications on current developments
- Fast, easy payment of commission
II. About the Tipico Group
- Tipico Holding Ltd. Malta (hereinafter referred to as “Tipico Holding”) is a company with its registered office in Malta.
- Tipico Co. Ltd. Malta (hereinafter referred to as “Tipico Malta”) is a subsidiary of Tipico Holding with its registered office in Malta, which allows Internet customers to take part in sports betting and casino games via its domains (tipico.com, tipico.de, tipico.dk, tipico.at, tipico.be, sh.tipico.de and tipico.it). Tipico Malta holds licences in Malta, Denmark, Italy, Austria (Vienna), Germany (Schleswig-Holstein) and Belgium.
- Tipico Casino Ltd. Malta (hereinafter referred to as “Tipico Casino”) is a subsidiary of Tipico Holding with its registered office in Malta, which offers casino games at www.tipico.com and www.tipico.de. Tipico Casino is licensed in Malta by the Malta Gaming Authority (MGA). Tipico Co. Ltd. also holds a casino licence for Schleswig-Holstein (licence number IV 36-212-21-6.9).
- Tipico Services Ltd. (hereinafter referred to as “Tipico Services”) is a subsidiary with its registered office in Gibraltar, which renders services for the operative companies stated under I.2 and I.3. This company is your direct contractual partner and recipient of the contractual performance of the Affiliate Parnter in relation to the Affiliate Program.
- “Tipico-Group” is hereinafter used to refer to the companies stated under I.1 to I.4.
- You acknowledge and agree that another member of the Tipico-Group may fulfil the obligations arising from these General Conditions of Participation in certain areas. You also expressly agree to this other member of the Tipico-Group fulfilling the necessary parts of the obligations to satisfy the conditions of this Agreement, and to them receiving from us the information about you required to do so. However, exclusive and sole recipient of the contractual performance of the Affiliate Partner is Tipico Services.
III. General Declaration of Consent by the Affiliate Partner
- By agreeing to the General Conditions of Participation on the Affiliate Registration Form, you expressly agree to be bound to all of the conditions of this Agreement and agreements that supplement this Agreement.
- By agreeing to the General Conditions of Participation on the Affiliate Registration Form, you expressly agree that provisions 9 (1) and 9 (2) (electronic provision of information) and 11 (1) (placing of the order) of the European E-Commerce Directive 2000/31/EC (Electronic Commerce Directive 00/31/EC) do not apply to this Agreement or agreements that supplement this Agreement and have no influence on these.
- By agreeing to these General Conditions of Participation, you affirm that you have independently assessed the worthiness of marketing our sites or our services.
- You acknowledge that gambling laws are subject to different regulations and restrictions from country to country, from Federal state to Federal state and from city to city, and that gambling and offering and providing betting services is completely prohibited in some countries. You affirm that you have independently reviewed and will regularly review the laws applicable to your activities, and that you are certain that your participation in Tipico’s Affiliate Program will not breach any applicable laws or regulations.
- You shall receive commission from Tipico Services for your activity as an Affiliate Partner. You are obligated – also with respect to the Tipico-Group – to independently review whether your activity as an Affiliate and the commission payments made for this represent an activity which is relevant under tax law and constitute taxable income on the basis of the regulations which apply to you individually, consulting tax advisers where necessary. Tipico Services shall not be responsible for this and shall not make judgements on any restrictions or advice relating to tax or tax law, particularly in response to corresponding enquiries. In addition, you are obligated to comply in full and without exception with all obligations which pertain to you from the applicable fiscal and tax regulations and any other comparable provisions. This shall apply in particular, but not exclusively, to registration, notification, information and payment obligations.
- You shall be liable for damage that the Tipico-Group or you incur due to the failure to comply with legal restrictions and prohibitions.
IV. Conclusion and effective implementation of the Affiliate Agreement
- Tipico Malta provides an “Affiliate Registration Form” online at https://www.tipico.com/en/affiliate-program/registration/. To become an Affiliate of the Tipico-Group, you must complete this in full online and accept these General Conditions of Participation, any supplementary agreements and General Terms and Conditions of Tipico Malta and Tipico Casino. This is done by clicking to tick the appropriate box. From a legal perspective, sending the Registration Form constitutes an offer to conclude the Agreement with Tipico Services. On receiving the Registration Form or upon receiving of the required or requested evidence, Tipico Services shall decide at its own discretion whether to accept or decline the offer. There exists no entitlement to participation in the Affiliate Program. This decision is final and will be sent to you by email.
- You are obligated to provide accurate, complete information when completing the Affiliate Registration Form, particularly when stating the domain(s) used, and to update this information immediately and without being requested to do so if all or part of it changes.
- It is an indispensable prerequisite for participating in the affiliate program that you maintain a bank account with a bank which is resident in the country in which you are located (registered office or branch). You may not receive a confirmation of becoming an Affiliate partner unless and until you have met this condition.
- Tipico Malta’s policies prohibit and prevent money laundering as well as activities which facilitate money laundering or which finance terrorism or criminal activities. These policies shall be reviewed and revised at suitable intervals. The Affiliate Partner must observe these policies when performing their activities. Tipico Services will verify your identity as an Affiliate Partner using the information provided by you and by obtaining information from public sources and data. You expressly consent to this.
- Tipico Services reserves the right to request further information and data from you to verify your identity and implement the Agreement, provided that this is considered useful and/or required by law. In this regard, you hereby expressly agree to provide the requested proof immediately when requested to do so. You acknowledge that Tipico Services has the right to refuse Affiliate requests and/or withhold payments if the proof is not, not on time provided or if only inadequate proof is provided. In particular, the types of proof accepted for natural persons are: a copy of a valid passport, a copy of a gas, water or electricity bill and a copy of a bank statement that identifies the account holder. In particular, the types of proof accepted for companies are: a copy of the certificate of incorporation, articles of association (or a corresponding document), a clearance certificate, power of attorney and information regarding the identity of the economic owner of the company and the identity of the managing director of the company as well as a bank statement that identifies the account holder
- Together with the confirmation of the conclusion of the Agreement by email, you will also receive the login details for your Affiliate account. You can access this password-protected area via an Affiliate account at www.tipico.com. The Affiliate account gives you access to the advertising materials and your commission statements. Bets cannot be placed and casino games cannot be played using the Affiliate account.
- If you are an adviser, manager, member of staff, managing director or representative of the Tipico-Group or one of its partners, or if you work as a supplier or manufacturer, you may only participate in the Affiliate Program and use the sites, directly or indirectly, to the extent required for your activity as an employee of the Tipico-Group. Relatives of employees of the Tipico-Group are not authorised to participate in the Affiliate Program or use one of the sites, directly or indirectly, either. In this context, the term “relative” (which is not exhaustive) should be understood to mean parents, spouses, siblings, children and partners in particular. For clarity, it is advised that the regulation stipulated under Section IV.6. is optional and can be waived by way of a special agreement.
- Tipico Services concludes this Agreement on the basis of the design and content of the Affiliate Partner’s website on the day of conclusion of this Agreement.
V. Subject of the Affiliate Agreement
- For the purpose of this Agreement, you shall render marketing services as an independent contractual party. Neither of the parties shall be the agent, representative or partner of the respective other party. You do not have the right, authority or power of representation to conclude contracts or to assume obligations or liabilities of any kind for the Tipico Group or in the name of the Tipico Group, or to bind it in other ways. You hereby expressly affirm this. For clarity, it is advised that the regulation stipulated under Section V.1 phrases 1 and 2 is optional and can be waived by way of a special agreement.
- The aim of the Agreement is an advertising partnership which is not exclusive for either party.
- The duties and rights arising from this advertising partnership are described in greater detail below under Points V. and VI.
- No part-ownership, right of representation, exclusivity obligation, joint venture, franchise agreement, or working or employment relationship whatsoever exists between you and the Tipico Group in relation to this Agreement. For clarity, it is again advised that neither of the parties shall be authorised to bind the other party (including by representation or guarantee, assuming obligations or liabilities and/or exercising rights or powers of attorney), unless expressly agreed in these General Conditions of Participation.
VI. Rights and obligations of the Tipico Group
- Tipico Services gives you access to your password-protected area via your Affiliate account. Within the password-protected area, you will find all advertising materials and necessary information for proper implementation. This includes banners, graphics, texts and other marketing materials. You are also given access to all commission-related revenues generation in accordance with the Agreement for you.
- For the duration of this Agreement, Tipico Services grants you a revocable, non-exclusive and non-transferable right to use the marketing materials of the Tipico-Group for the purpose of fulfilling your obligations in accordance with this Agreement. Tipico Services has the right to change or restrict the advertising materials at any time with immediate effect or to provide new advertising materials.
- Tipico Services shall bear all of the costs of the graphical creation and design of all of the advertising materials that it provides. You shall bear the costs of the implementation of the advertising materials.
- Tipico Services registers all of the customers acquired using the published advertising materials and the revenues generated by them by way of the allocated Affiliate ID (tracker) and calculates their net revenue. Tipico Services shall provide you – as far as possible – with monthly statistics and render all customer services associated with transaction processing.
- The General Terms and Conditions of Tipico Malta and Tipico Casino apply for the customers acquired. Tipico Malta and Tipico Casino are not obligated to accept an acquired customer and may also close possible player accounts at any time and at their own discretion. Tipico Malta also has the right to refuse specific bets by the customer or to limit the amount thereof.
- Tipico Services also reserves the right to occasionally contact you by email to inform you of promotions, changes to the Conditions of Participation or other information important to you. Unless you advise us in writing to the contrary, we will assume that you agree to participate in such promotions, whereby the conditions for these promotions shall be part of the applicable payment plan and this Standard Agreement for the duration of the promotions.
- Changes to your website, particularly in relation to the content thereof and other advertising materials, shall require prior written approval by Tipico Services. Such measures shall be reported at least two weeks before being implemented.
- Tipico Services also reserves the right to use all available means to block, restrict, remove or withdraw specific new customers, deposits or gambling patterns for your tracker at its own discretion or to prevent the registration of possible new customers and/or affiliates to reduce the number of fraudulent, non-profitable transactions or for any other reason. Tipico Services neither guarantees nor warrants the consistent application and/or success of fraud prevention measures.
- You acknowledge that Tipico Services may enter into marketing agreements with other partners at any time (directly or indirectly), whereby the conditions may, but do not have to, differ from those in this Agreement, and that these other partners may be active in similar business divisions to you or may even be in competition with you. You acknowledge that Tipico Services can, at its own discretion, redirect electronic traffic and users from one site to another online site which appears to be suitable, without this giving rise to any financial claims on your part.
- Tipico Services reserves the right to perform regular checks in relation to your website and the performance thereof. You consent to this.
VII. Rights and obligations of the Affiliate Partner
- By implementing the advertising materials on your website, you enable users of your site to directly access www.tipico.com or another Tipico domain such as www.tipico.de by clicking on the corresponding symbol, to open an account and to use it to place bets, and to take part in casino games or other bets and games.
- You operate your website in your own name and are not restricted in your power of disposal. If you sell the domain(s) named during the registration process or added in the course of the Agreement, you must inform Tipico Services of this immediately.
- By incorporating the advertising materials provided as part of the Affiliate Program into your website, you are promoting the sites of Tipico Malta as well as Tipico Casino and attracting potential customers. You alone are exclusively responsible for the content, nature and method of these marketing activities. All marketing activities must meet professional requirements, comply with applicable provisions and laws (including laws relating to the content and nature of an advertising or marketing campaign) and satisfy the conditions of this Agreement. Tipico Services will verify this at regular intervals. In this context, Tipico Services is especially entitled to request explanations and submission of further documents by the Affiliate Partner.
- Only the latest version of the marketing materials provided by Tipico Services is permitted for your marketing activities. The marketing materials or trademarks may not be modified in any way without prior written approval by Tipico Services. You are obligated to use the marketing materials continuously and only in accordance with the conditions of this Agreement, with any policies published on our website and with the applicable laws.
- You are responsible for the correct technical integration of the advertising materials provided. You may only use those advertising materials which are provided to you as an Affiliate Partner. Otherwise, no guarantee can be provided for the correct registration and settlement of the customers acquired and the bets they have placed and games they have played.
- You are also obligated to comply with the provisions of the advertising guidelines of the German State Gambling Treaty (Glücksspielstaatsvertrag, GlüStV) and regulations relating to them (e.g. Section 21 (3) GlüStV or possibly in each individual case applicable comparable rules). Advertisements may not, among other things, be misleading; in particular, they may not be aimed at giving an inaccurate impression of the chances of winning. Additionally, they must not be aimed at minors.
- You are also responsible for the development, operation and maintenance of your website and for all material which is featured on your website. You are responsible for ensuring that your website does not feature any depictions of violence, sexually explicit content, discriminatory statements or references to race, gender, religion, nationality, disability, sexual orientation or age. In this regard, you shall indemnify and hold the Tipico-Group harmless at any time on first request.
- You hereby expressly affirm that the material displayed on your website does not infringe on any third-party rights or breach laws - including but not limited to copyright and trademark laws and general rights to privacy - in any other way. You also affirm that the material displayed on your website is not offensive or defamatory or unlawful in any other way. You shall also indemnify and hold the Tipico-Group harmless at any time on first request in this regard.
- You alone are responsible for paying the taxes due on the payments made to you. You are also responsible for complying with all relevant laws and provisions relating to income tax and similar taxes which are payable on earnings you make on the basis of this Agreement. The same applies for the deduction of income tax and social insurance contributions for dependent employees, if applicable. If VAT or another sales tax is payable, you are obligated to comply with all relevant laws and provisions in this regard, to charge the tax and to pay it in the country in which the services are rendered, whereby all payments made to you shall already include the VAT or sales tax. You hereby expressly agree that Tipico Services may verify your compliance with all tax laws which apply with respect to your activity as an Affiliate and the resulting sales and income. Furthermore, you agree and undertake at the same time to comply with all tax laws which are applicable to your business relationship with the Tipico-Group and the resulting sales and income; in particular, to promptly, completely and accurately submit all declarations which are necessary from a legal perspective (“Tax Compliance”). Following a corresponding request from Tipico Services, you must immediately respond in writing to all inquiries from Tipico concerning the Tax Compliance, accompanied by any necessary documentation.
- You are obligated to inform Tipico Services of any change to the name of your website or the integration of additional banners into websites which Tipico Services was previously unaware of. A change in the URL address of your website does not constitute an amendment of the Agreement and does not affect your rights and obligations arising from this Agreement.
- You are obligated to comply with the applicable laws and policies which the Tipico-Group makes you aware of, or which you are otherwise made aware of, relating to money laundering and/or the proceeds of criminal activities.
- You are prohibited from giving friends, advisers, representatives, relatives or employees access to your account. You are not permitted to falsely increase the earnings paid to you or to cause Tipico harm in another way. The same applies to cases of so called brand bidding or ad-hijacking (manipulation of adWord advertisement. A violation of this provision will be considered fraudulent activity and may lead to the termination of the Agreement and repayment of the provision.
VIII. Commercial property rights
- On conclusion of the Agreement, you shall acquire a non-transferable right, which is terminable at any time, to use the advertising materials provided to create links to the website www.tipico.com or a respective other domain. The licence granted in this regard shall expire automatically on termination of the Agreement.
- You acknowledge that the Tipico-Group holds all of the intellectual property rights to the marketing materials, the services, the site and the trademarks. Any use of domain names, signature features or brand names which feature the trademarks of the Tipico-Group or which could lead to confusion due to their similarity to the trademarks of the Tipico-Group (by way of deviation from the conditions of this Agreement) is not permitted and will be considered fraudulent activity, unless previously approved by Tipico Services in writing. For example, but without being limited to this, you may not register domain names which feature the trademarks of the Tipico-Group or use trademarks which could lead to confusion due to their similarity to these trademarks. You acknowledge that the use of these trademarks by you, including the use of a domain name which features these trademarks or could lead to confusion due to the similarity to these trademarks, can be permitted by the Tipico-Group, at its own discretion, for the benefit of the Tipico-Group only, without you acquiring any rights to the trademarks of the Tipico-Group through such (unauthorised) use. You are not permitted to register or to attempt to register trademarks or brand names which feature the trademarks of the Tipico-Group or which could lead to confusion due to their similarity to the trademarks of the Tipico-Group, of which you are the owner or which are controlled by you.
- Unless you have been granted prior written consent, you are not permitted to assign before a court, within the bounds of equity, including a declaration of trust or similar, rights in accordance with this Agreement, a sub-licence or another activity of this kind, or to assign obligations arising from this Agreement within the scope of a sub-contract or similar. No assignment made by you which violates this clause shall be legally effective in transferring any rights whatsoever to the assignee.
- You acknowledge and agree that the tracker assigned to you is intended for your exclusive use and that you may not assign or sub-license any tracker IDs, bonus codes or earnings to third parties unless Tipico Services has given prior written approval of this.
- You shall receive performance-based commission for your implementation of the advertising materials. This shall be calculated based on the net revenue from the new customers to the Tipico Malta or Tipico Casino website acquired by you. Newly acquired customers are all customers who are allocated to your tracker and:
- meet all other qualification criteria which the Tipico-Group specifies currently or in future;
- have not previously been registered as a customer with us;
- are accepted as players during the appropriate registration process or identity verification procedure and
- perform the actions stated under b) to d) within 180 (one hundred and eighty) days of registering on the website via a tracking URL.
- The net revenue is calculated based on the individual business divisions as follows:
- Sports betting: Bets placed with Tipico Malta less distributed profits, cancelled bets, refunds, granted customer bonuses, special payments, the costs of payment interfaces and damages from chargebacks in the case of payments by credit card, other payment interfaces and tax.
- Casino: The gaming revenue less distributed profits, damage from chargebacks in the case of payments by credit card and other payment interfaces, gaming fees, granted customers bonuses, the costs of payment interfaces and a proportion of the licence fees payable by Tipico Casino Ltd. to the casino provider.
- In Germany, bets made by customers who are temporarily or ordinarily resident in the Federal Republic of Germany are subject to taxation at a fixed rate of 5% of the total stake by the German tax authorities. So-called betting duties are also levied in other countries in which Tipico Malta holds licences. You, as an Affiliate, are subject like Tipico Malta to the tax rates e.g. applicable in Denmark, Belgium, Austria and Italy.
- The amount of commission is determined by the respective amount of the total net revenue of the customers to the website www.tipico.com or another Tipico domain acquired by you. The respective applicable percentage rates are listed on the Tipico Affiliate website. Tipico Services reserves the right to make changes at any time to the percentage rates and individual arrangements by way of the contract alteration procedure.
- The commission shall be calculated at the end of the month and credited to your Affiliate account or, by way of direct bank transfer, to the bank account stated on your Registration Form by the 20th of the following month, provided that a minimum sum of EUR 20.00 has been achieved. If this minimum commission is not achieved in a month, the claim for commission shall lapse. The settlement takes place by credit-note procedure.
- The commission credited to your Affiliate account is released for payment using an application form, whereby various payment methods are available. To avoid misunderstandings, it is advised that payment via Neteller and Skrill is not possible. Payment is made solely in euros. You shall bear bank charges which are incurred on transfer and/or cancellation by the recipient bank due to incomplete or incorrect information. Tipico Services reserves the right to withhold any payment to you if incomplete and/or incorrect bank details have been provided, if investigations are ongoing or if there is a risk of fraud.
- As an Affiliate, you are obligated to disclose your bank details in full to Tipico Services as part of the registration process. The bank country - the country in which the branch of the bank managing the account lies – must be consistent with the home country of the Affiliate. The “home country” of the Affiliate is the country of actual residence or habitual abode in the case of a natural person (see Sections 8 and 9 of the German Fiscal Code) or, in the case of a corporation (in particular, a limited liability company), an association of individuals (in particular, GbR, OHG, KG) or assets, the country in which the registered office is determined by the law, articles of association, statutes, an act of formation or similar. As an Affiliate, you are obligated to inform Tipico, unprompted, of any changes to your bank details – in particular the bank country – or your home country.
- The commission compensates all of your services and expenses in full; there shall only be a claim for the reimbursement of expenses and costs, particularly for additional advertising activities, if Tipico Services has commissioned you in writing to perform these.
- Any further claims for commission shall expire on termination of the Agreement. However, deviating regulations are permitted.
X. Duration and termination of the Agreement
- This Agreement shall enter into force on the day on which your registration for the Affiliate Program is accepted, and shall remain in force until the day on which you or Tipico Services informs the respective other party in writing that the Agreement will be terminated.
- You may terminate this Agreement immediately and without providing reasons by sending notice of termination by email to firstname.lastname@example.org with the subject “Notice of Termination TIPICO Affiliate Program”. On termination of this Agreement, your participation in the Affiliate Program will also end.
- Tipico Services may terminate this Agreement or special trackers (and thus not the Agreement in its entirety) at any time and without providing reasons by sending you notice of termination by email. To do so, Tipico Services will use the email address provided by you. If the Agreement is terminated in its entirety, Tipico Services will also have the right to automatically deactivate inactive trackers. On termination of this Agreement, you will receive no further Affiliate provisions whatsoever. If a special tracker is deactivated, you will receive no further Affiliate provisions via this tracker; this will not impair the functionality of your other trackers, however. As soon as the suspension is lifted, the Affiliate provisions withheld in accordance with this clause shall be paid.
- If no revenue is assigned to your Affiliate account, this Agreement and your participation in the Affiliate Program will be terminated automatically. In this context, “no revenue” means that you have not acquired any new customers for at least three hundred and sixty five (365) days.
- Tipico Services reserves the right to terminate the Agreement at its own discretion and to block your Affiliate account if it has reasonable grounds to assume that:
- your website is designed in such a way that it poses a risk of confusion with the website www.tipico.com or another domain, or gives the impression that your website is fully or partly operated by the Tipico-Group. Without prior written consent, you are not permitted to market the services and trademarks of the Tipico-Group
- on websites on which the Tipico-Group advertises the site(s);
- via Internet search engines which the Tipico-Group uses to market the site(s);
- in a way which leads to competition with the Tipico-Group with regard to the marketing of the site(s) or
- in situations in which Tipico Services has asked you explicitly to cease your marketing activities.
- you are using the names of Tipico or other possible designations or trademarks of the Tipico-Group other than for integrating the advertising materials on your own website. In this regard, you must in particular refrain from using designations or designs which are similar to those of the Tipico-Group.
- you are offering customers reimbursements, bonuses, discounts or other gratuities for registering on the website www.tipico.com or other domains.
- you are displaying on your website advertisements and other communication content which unlawfully or illegally contains incorrect information which could be harmful for the Tipico-Group’s business.
- you are consciously participating in the distribution of undesirable advertisements (e.g. spam).
- you are not observing the compliance guidelines and requirements which are defined by the Tipico-Group over the course of time.
- your website, or parts thereof, turns out to be inappropriate. Sites that are considered inappropriate include, but are not limited to, those which are aimed at persons under 18 years of age, feature pornography or other illegal sexual acts, promote violence, promote discrimination on the grounds of race, gender, religion, nationality, disability, sexual orientation or age, promote illegal activities, infringe on intellectual property rights or violate advertising regulations or rules of conduct.
- you are increasing your commission in a fraudulent way. This includes, but is not limited to, collusive behaviour, the creation of betting accounts with false details and the exploitation of marketing promotions.
- you have provided or are providing incomplete or incorrect information during or in relation to your registration.
- your website is designed in such a way that it poses a risk of confusion with the website www.tipico.com or another domain, or gives the impression that your website is fully or partly operated by the Tipico-Group. Without prior written consent, you are not permitted to market the services and trademarks of the Tipico-Group
- Termination of the Agreement shall have the follow consequences:
- You must remove all forms of the Tipico-Group’s marketing materials from your sites and deactivate all links to Tipico sites, and you may no longer advertise the Tipico-Group’s sites. All rights and licences granted to you within the scope of this Agreement shall lapse with immediate effect.
- You must return all confidential information, including copies, in your possession or safekeeping or under your control, and immediately cease all use of the trademarks and marketing materials of the Tipico-Group. You shall have no right of retention or appeal.
- Tipico Services reserves the right to decide at its own discretion to let trackers remain active or to redirect or deactivate them, without this giving rise to an obligation to make payments to you for players that subsequently become new customers.
- Provisions of these General Conditions of Participation required or could become a requirement for the interpretation and implementation of this Agreement shall also remain in force following the termination or expiry of this Agreement.
- Tipico Services is obligated to calculate and pay the commission due on the net revenues by the 20th of the following month. Tipico Services has the right to offset outstanding commission against any of your claims. Following termination of the Agreement, you will not be entitled to any further commission or other remuneration from Tipico Services.
- All information gained from this collaboration must be treated as confidential and may not be used for your own commercial purposes or for other purposes, either directly or indirectly, or disclosed to third parties.
- This does not apply for information that is common knowledge. The contracting parties have the right to disclose information to persons who are bound to a duty of confidentiality, if required to do so by court order or if there is a legal obligation to surrender the information.
- Email addresses and all internal user data may only be used for internal purposes. You are obligated to comply with the current versions of the provisions of the German Data Protection Act [Datenschutzgesetz] and the data protection regulations of the German Telecommunications Act [Telekommunikationsgesetz].
XII. Guarantee and liability
- Tipico Services accepts no guarantee or responsibility whatsoever, either expressly or by implication (regardless of whether this is based on legal provisions or other foundations), in relation to the partner program, the sites of the Tipico-Group or content, products or services which are available via the sites or associated with them, or in relation to the freedom from defects and uninterrupted continuity of the sites, websites, the system, the network, the software or the hardware of the Tipico-Group (including those supplied by third-party providers), or in relation to the quality, suitability for a specific purpose or suitability for the above (partly or completely). Unless otherwise stipulated in these General Conditions of Participation, all guarantees, responsibilities and implied conditions are hereby precluded to the maximum extent allowed by law. Furthermore, neither Tipico Services nor the provider is obligated to make redundant systems, networks, software or hardware available.
- Liability for intent and gross negligence is restricted to the legal representatives of Tipico Services and their agents.
- The Tipico-Group’s obligations in accordance with this Agreement do not give rise to any personal obligations whatsoever which are not part of these General Conditions of Participation on the part of employees, managers, managing directors, owners, providers of sites and services or representatives. Unless otherwise stipulated in these General Conditions of Participation, the Tipico-Group is not liable for direct, indirect, special, accidental or consequential damage, compensation for damage, injuries or damage of any kind (regardless of whether Tipico Services has previously indicated the possibility of damage), including the loss of business, data or turnover. The liability arising from this Agreement in the event of breach of contract, unauthorised action (including negligence), a breach of legal provisions or other grounds shall be limited to direct damage, and shall not exceed the amount of revenue which you have attained, and which is payable to you, via the site(s) to which the dispute relates in the last six (6) months to the date of the event giving rise to the liability. No regulation of this General Conditions of Participation frees the contracting parties from their liability or limits this in the event of death or personal injury which is caused by the negligence of the appropriate party or by fraud. If the Agreement is terminated before six months have elapsed, the commission paid so far shall be decisive for the calculation of the damage.
- You shall indemnify the representatives, employees, managing directors and managers of the Tipico-Group for, as well as defend and protect them against, the costs, losses, damage, liability, claims and expenses (including legal fees) which are directly or indirectly incurred as a result of a breach of these General Conditions of Participation by you.
- Without this having any impact on the other rights or claims of Tipico Services in accordance with this Agreement or otherwise, Tipico Services has the right to offset payments which would otherwise be payable to you in accordance with this Agreement against your liabilities towards Tipico Services, including claims by Tipico Services against you which arise from a breach of this Agreement by you.
XIII. Amendment of the General Conditions of Participation
- Tipico Services reserves the right to amend the regulations of these General Conditions of Participation at its own discretion at any time, and
- to advise you of the amendments by email or
- to publish the new version of the Agreement on the Tipico Malta website.
- Amendments which are necessary to prevent fraudulent activities or to correct contractual errors shall enter into force from the date of publication or the sending of a notification (whichever is earlier).
- Otherwise, all amendments to this Agreement shall enter into force 14 (fourteen) days after publication or the sending of notification (whichever is earlier). You are responsible for visiting the website regularly and ensuring that you are aware of the latest version of the General Conditions of Participation. If specific amendments are not acceptable to you, you have the right to terminate the contractual relationship. Continued use of the program by you following notification or expiry of this period of 14 (fourteen) days will be deemed your binding agreement to the amendments.
- Tipico Services also reserves the right to assign all rights and obligations from this Agreement to another company belonging to the Tipico-Group. You shall be informed of this promptly.
- Any amendments or additions to this Agreement must be made in writing. No additional verbal agreements have been made.
XIV. Other provisions
- The place of jurisdiction for these General Conditions of Participation (including all versions or amendments) is Gibraltar. This Agreement shall solely be governed by the laws of Gibraltar to the exclusion of any conflict of laws. To settle disputes or clarify issues which arise from this Agreement or the implementation thereof, you irrevocably agree to submit to the exclusive jurisdiction of Gibraltar and to renounce objections to proceedings before courts with this jurisdiction or other jurisdictions which arise from the proceedings. Nothing in this regulation restricts the right of Tipico Services to initiate proceedings against you before any court with jurisdiction, nor will the initiation of proceedings before one or more competent court(s) render further proceedings before courts with other jurisdictions impossible, whether simultaneously or not.
- As far as possible, all provisions in this Agreement shall be interpreted in such a way that they are effective and valid in accordance with the applicable law. Should it emerge that part of this Agreement is invalid, illegal or unenforceable in accordance with the applicable law, solely the corresponding part of the Agreement shall be ineffective. The validity and enforceability of the other parts of this Agreement shall not be affected.
- These Conditions of Participation are available on the Internet in German and English. Should there be discrepancies between the different language versions of this Agreement, the German version shall prevail.
Date of issue 02.10.2015
Tipico Services Ltd.
The Board of Directors
Tipico Co. Ltd.
The Board of Directors
Tipico Casino Ltd.
The Board of Directors
Tipico Holding Ltd.
The Board of Directors
© 2004 - 2016 Tipico Co. Ltd.