Of
Danbook Ltd
823 Salisbury House
29 Finsbury Circus
London EC2M 5QQ
UK
1. General
a) Danbook Ltd. is an online sports betting company that lets Internet users place bets on the website www.danbook.com (hereinafter referred to as ‘the Danbook website’). Furthermore the Danbook website offers sports betting customers and Internet users interested in sports and looking for entertainment a platform providing bets and games.
b) The contracting party maintains and operates one or more websites on the Internet (hereinafter referred to as ‘the website’).
2. Subject matter of the agreement
a) The subject matter of this agreement shall be the implementation of a link provided by Danbook on the website with the aim of establishing an advertising cooperation for the mutual benefit of the parties hereto. It shall be stated that this is a mutually non-exclusive advertising cooperation.
b) Danbook provides the contracting party with a selection of advertising instruments (e.g. logos, banners, graphics, texts) as well as guidelines as to their incorporation in the website of the contracting party. These guidelines shall form part of the agreement. Danbook shall be entitled to modify, limit, or provide new advertising instruments at any time. Upon implementation of one or more of such advertising means on the website, the contracting party offers the users of his website the opportunity to directly access Danbook's website and place bets by clicking the respective symbols (hereinafter referred to as ‘the link’).
c) Danbook shall bear any costs arising in connection with the graphical representation of the link. The contracting party shall assume all costs incurred for the implementation of the link.
3. Preconditions
a) Danbook expressly states that the promoting or soliciting of bets is subject to legal restrictions in some countries and may even be prohibited in some cases. Thus, the contracting party acknowledges that - should the promoting or soliciting of bets or the participation in prize games 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 the link on its website.
In this case, the contracting party shall be forbidden to fill in the online application form. Should any disadvantages whatsoever arise for Danbook or the contracting party due to disregard of the relevant prohibitions in the country of domicile of the contracting party, the contracting party shall be exclusively liable for such disadvantages.
b) The contracting party further confirms that it operates the website under its own name and that it is fully and without restrictions authorised to dispose thereof.
4. Formation of the agreement
a) Danbook provides an online application form which, provided that the preconditions under point 3 are met, is to be filled in by the contracting party and transmitted to Danbook. After transmission the partner can add websites for the agreement, which shall be examined by Danbook. In case of approval, the status of the site will change for ‘pending’ to ‘approved’, or if not approved to ‘not approved’.
b) Upon conclusion of the agreement, a partner identification code is assigned to the contracting party. By means of the link code assigned within the scope of the partner programme, customers acquired via the link on the contracting party's website and the bets placed during such sessions are registered.
5. Licences
a) Upon conclusion of the agreement, the partner shall be granted a right, non-transferrable and terminable at any time, entitling them to use the link/s provided for the purpose of establishing links to the Danbook website. This right does not include the right to modify or manipulate the link in any other way whatsoever unless Danbook has given its consent. The licence for the use of the link shall expire upon termination of the agreement.
b) The preparation of additional advertising material relating to Danbook is only permissible with Danbook's consent. Advertising material (of any kind whatsoever) may thus only be used after prior written approval by Danbook.
c) The copyright for the design of the links provided within the scope of the partner programme as well as for all other information made accessible on Danbook's website shall remain solely with Danbook Ltd.
d) A change of the URL address of the website of the contracting party shall not constitute a change to the agreement and shall not affect its rights and obligations arising from this agreement. Any change of URL address must be notified.
6. Structure and maintenance of the partner website
The contracting party shall incorporate the link of its choice provided within the scope of the partner programme in its website, thus establishing a connection to the Danbook website. By means of the assigned link codes, Danbook's registration system identifies customer referrals from the link of the contracting party's website. The links may refer to various coordinated areas.
7. Commission
a) In return for the implementation of the link in accordance with point 2, the contracting party shall receive a commission depending on the number of new customers placing bets with Danbook. Provision is paid as a two step bounty, 10 EUR when the new customer referred by the partner places his first bet and additional 15 EUR, when the customer’s turnover exceeds EUR 100.
b) The amount of the commission depends on the number of customers referred by the partner. The respective bounties are listed on Danbook's website. Danbook reserves the right to change the bounty amounts at any time.
c) The commissions shall be invoiced at the end of each quarter, 1st of January, 1st of april, 1st of july and 1st of October, provided that a minimum payable balance of EUR 100 has been reached. If this requirement is not met in one quarter, the commission shall be carried over until a total of EUR 100 has accumulated.
d) With the password and the identification code assigned to it by Danbook upon registration, the contracting party shall be granted access to its personal online statistics in order to enable it to obtain information on the current status of its turnover as well as on the accumulated refunds.
e) Any claim to reimbursement of cost or expenses for further advertising activities of the contracting party shall only be applicable if Danbook has commissioned the contracting party to do so in writing.
8. Obligations on the part of Danbook
a) Danbook provides the contracting party with all information necessary for the proper implementation of the link. To this end, the guidelines developed by Danbook shall form the basis.
b) Danbook shall administrate the information necessary in order to track the partner’s commission.
9. Obligations on the part of the contracting party
a) The contracting party shall be solely responsible for the proper technical incorporation of the link. Thus, it shall be entitled to use only a link provided within the scope of the partner programme, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting.
b) The contracting party shall also be responsible for the technical operation of its website, in particular for the link to Danbook's website, and it shall guarantee that the contents of the website do not infringe the rights of third parties or violate any laws in any other way.
c) The contracting party shall be responsible for the development, the operation, and the maintenance of its website as well as for all material appearing on the website. In particular, it shall guarantee that its website does not promote violence, sexually explicit material or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age.
d) The contracting party shall guarantee that the material shown on its website does not infringe any rights of third parties (including copyright and trademark rights, the general right of personality or any other rights) and that the material presented on its website is neither libellous nor defamatory or illegal in any other way.
e) The contracting party shall not be entitled to present its website in such a way that it might evoke any risk of confusion with Danbook's website or convey the impression that the website of the contracting party partly or fully originated with Danbook.
f) The contracting party may not use the name of Danbook or other terms or trademarks that Danbook is entitled to in any other way than in connection with the installation of the advertising instruments on its own website. In this connection, the contracting party shall particularly refrain from using terms that are confusingly similar to those of Danbook.
10. Termination
a) The agreement may be terminated by either party at any time without giving any reasons or notice.
b) In such an event, the contracting party shall be obliged to remove all implemented Danbook links. It shall have no right of retention or contest.
c) Danbook shall be obliged to settle and pay the commissions generated from customers of the partner for the running quarter. Danbook shall be entitled to counterbalance any commissions still open with any claims against the contracting party.
d) After termination of the agreement, the contracting party shall not be entitled to any further refunds or any other claim for compensation against Danbook.
11. Confidentiality
a) All information, in particular business and financial, lists of customers and buyers, as well as price and sales information shall be treated confidentially. These details must not be used for own commercial or other purposes, neither directly nor indirectly.
b) This shall not apply to such information that is generally known or may be retrievable via publicly accessible sources, which, however, do not constitute sources of the respective contracting party. Each party shall have the right to pass on this information if ordered by court, if the proliferation of such information is effected to persons who are subject to a statutory duty of secrecy, or if the information is required to be disclosed by law.
c) E-mail addresses and all user data shall only be used for internal purposes. The contracting party shall undertake to comply with the provisions pursuant to the Data Protection Law and the data protection regulations of the Telecommunications Law.
12. Warranty and liability
a) Danbook shall guarantee that the Danbook website is operated within the scope of the current technical possibilities. No liability shall be assumed for any further claims.
b) Moreover, the liability of agents, employees, and persons contracting on behalf of Danbook shall be limited to intent and gross negligence. Danbook's liability - for any reason whatsoever - shall be limited to the amount of the commissions paid to the contracting party within the past six months. In the event of termination of the agreement before expiration of the six months, the commission paid until then shall form the basis of the assessment of the damage.
13. Amendments to the agreement
Danbook reserves the right to change any rules and regulations of this agreement at any time. The partner shall be notified via e-mail of any such change. If the agreement is not terminated within one week of notification of the changes, the changes shall be deemed accepted. Danbook also reserves the right to transfer all rights and duties from this contract to another company belonging to the Danbook Ltd.
14. Other
a) This agreement shall be governed by Austrian law under exclusion of the UN purchasing law. Any disputes arising hereunder will be settled before a competent court of law in Copenhagen.
b) Any changes and amendments to this agreement have to be made in writing in order to become effective. There are no oral side agreements.
c) Should one of the contractual provisions be or become ineffective, said ineffective provision will be replaced by one which shall come as close as possible to the commercial purpose of the void agreement. All other stipulations of the agreement shall continue in full force and effect. |
