IV. Conclusion and effective formation of the Agreement
- Tipico Malta’s Site contains an Affiliate Registration Form at https://www.tipico-affiliates.com/registration/. To become an Affiliate, you must complete the Affiliate Registration Form and you must accept:
- these General Conditions of Participation;
- Tipico Malta’s general terms and conditions
- Tipico Games’ general terms and conditions
all of which are incorporated by reference in, and are deemed to form part of, this Agreement. This is done by clicking to tick the appropriate box before submitting the completed Affiliate Registration Form. From a legal perspective, submitting the Affiliate Registration Form constitutes an offer to conclude the Agreement with Tipico Services. On receiving the Affiliate Registration Form or upon receipt of any additional information or evidence which we may ask you to provide as part of the Affiliate registration process, 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. Any decision made by Tipico Services to accept or decline the offer is final and will be sent to you by email at the address given in the Affiliate Registration Form. If you receive confirmation from Tipico Services that it has accepted the offer, this Agreement shall come into force and shall become legally binding and enforceable.
- You are obligated to provide accurate and complete information when completing the Affiliate Registration Form, particularly when stating the domain(s) that will be used. Additionally, you are obligated to update this information immediately and without being requested to do so if all or any part of the information provided subsequently changes. For the processing of the data you provide to us, Tipico uses a third party service provided by Arnold Media Ltd., Level 3, Domestica Complex, Valley Road, Msida, MSD 9020, Malta.
- 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). Further details relating to the bank account requirements are set out in Section IX.5 below. Tipico Services reserves the right to withhold acceptance of your offer to participate in the Affiliate Program unless and until you have met this condition.
- Tipico’s policies prohibit and prevent money laundering as well as activities which facilitate money laundering or which finance terrorism or other 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 in order to verify your identity as part of the registration process and before it decides to accept or decline your offer to participate in the Affiliate Program and enter into the Agreement, if it considers the provision of such information and data to be reasonably necessary and/or required by law. In this regard, you hereby expressly agree to promptly provide the requested information to the satisfaction of Tipico Services. We also reserve the right to consult due diligence risk information service providers. In particular, we reserve the right to perform due diligence / KYC checks with the aid of, amongst others, the following companies: Reuters Limited, 30 South Colonnade, Canary Wharf, London E14 5EP, United Kingdom. To do so, we transfer the personal data provided to the above-listed companies. The companies can save the request themselves and save the circumstance of the request and process it for their own purposes. Tipico will only consult such providers who guarantee an appropriate level of data protection. Further details can be obtained from the respective providers. The data we receive from them will serve as a basis for our decision on whether to establish, conduct or terminate the contractual relationship.
You acknowledge and agree that Tipico Services has the right to reject a prospective Affiliate’s application to join the Affiliate Program and/or to withhold payments of commission to an Affiliate if:
- the requested information is not provided;
- there is a delay in the provision of the requested information; or
- inadequate or incomplete information is provided.
Tipico Services shall be entitled to withhold payments of commission until receipt of satisfactory information from the Affiliate or prospective Affiliate as requested under this clause but commissions shall continue to accrue in accordance with the terms of this Agreement during a period of withholding under this clause for up to six (6) months. In case the Affiliate does not provide the requested information to Tipico within this six months’ period, this Agreement and the Affiliate’s participation in the Affiliate Program will automatically terminate with immediate effect and all commission payments withheld until then shall finally forfeit.
In particular, the types of proof of identity that are accepted for individuals 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 corporate entities (each to be provided in copy) are the following: certificate of incorporation, articles of association (or a corresponding document), a clearance certificate, power of attorney and information regarding the identity of the legal and beneficial owner of the company and the identity of the directors of the company as well as a bank statement that identifies the account holder. For any document not in English or German, you must additionally submit an official translation of the document into English.
6. If you receive confirmation that Tipico Services has accepted your offer to participate in the Affiliate Program, you will also receive the login details for your Affiliate Account. You can access the Affiliate Account in the Affiliate area at https://www.tipico-affiliates.com/. The Affiliate Account gives you access to the Advertising Materials, your commission statements and contains information relating to the number of web-users who become Acquired Customers through Advertising Materials placed on the Affiliate’s website(s). Bets cannot be placed and online games cannot be played on any of the Sites using the Affiliate Account.
7. If you are an adviser, manager, member of staff, director or representative of Tipico or one of Tipico’s partners, or if you work as a supplier or manufacturer of Tipico, you may only participate in the Affiliate Program and use the Sites, directly or indirectly, to the extent required in order to fulfil your activities as an employee or service provider of Tipico. Relatives of employees or service providers of Tipico are not authorised to participate in the Affiliate Program or to use any of the Sites, directly or indirectly. In this context, the term “relative” (which is not exhaustive) should be understood to mean parents, spouses, siblings, children and partners. For clarity, the restrictions set out in this clause are not absolute and may be waived by way of a special agreement, provided such agreement is in writing and signed by the relevant parties.
8. Acceptance of your offer to participate in the Affiliate Program is subject to Tipico Services approving the design and content of the prospective Affiliate’s website. Tipico Services reserves the right to decline any offer to participate in the Affiliate Program if it is not satisfied with the design and content of your website. Alternatively, Tipico Services may make its acceptance to such offer conditional on you removing and/or modifying the design and content of your website to Tipico’s satisfaction.