Effective as of September 2024.
PLEASE READ THESE TERMS CAREFULLY BEFORE APPLYING TO BECOME AN AFFILIATE.
If you have any questions about the Picklebet Affiliate Program, please contact us by writing to
our Affiliate Team at affiliates@picklebet.com.
1. GENERAL OVERVIEW
1.1. Introduction
These Terms & Conditions (“Terms”) together with your Registration Form through the
Income Access Portal, Partner Approval Process and the Acceptance Email contain all
the terms of your participation in the Affiliate Program. This Agreement governs your
participation in Picklebet’s program for referral partners (“Program”) and is a binding
legal commitment between Puntaa Pty Ltd ACN 601 575 240 (“Picklebet”) and you or
the entity that you represent (“You” or “Partner”)
1.2. Definitions
1.2.1. Agreement means these Terms including any schedules and attachments
provided to You.
1.2.2. Australian Governing Sporting Body means an Australian sports organisation
that has a regulatory or sanctioning function and includes each of the Australian
State and Territory Thoroughbred Racing, Harness Racing and Greyhound Racing
peak bodies, National Rugby League, Australian Rugby Union, Australian Football
League, Cricket Australia, Tennis Australia, Soccer Australia, and National Basketball
League.
1.2.3. Customer means an individual customer who enters the Website via a Partner
link (using the tracking code designated to the Partner) and who successfully
registers a betting account and places at least one bet with Picklebet. When
opening an account with Picklebet, the Customer must agree to Picklebet’s rules,
policies and operating procedures. A Customer does not include any person that is
at the time of registration an existing Picklebet account holder or has previously
been a Picklebet account holder.
1.2.4. Data Feed means anything published on the Website which relates specifically to
the market or event, including odds and corresponding event names and
descriptions which is made available to the Partner in accordance with this
Agreement.
1.2.5. Intellectual Property Rights includes all patents, rights to inventions, utility
models, Copyright and related rights, trade marks, service marks, trade, business
and domain names, rights in trade dress or get-up, rights in goodwill or to sue for
passing off, unfair competition rights, rights in designs, rights in computer software,
database rights, topography rights, rights in confidential information (including
know-how and trade secrets) and any other intellectual property rights, in each
case whether registered or unregistered and including all applications for and
renewals or extensions of such rights, and all similar or equivalent rights or forms
of protection in any part of the world.
1.2.6. Net Revenue means all gross monies received by Picklebet from during the Term
less all of the following:
1.2.6.1. monies paid out to Customers as winnings;
1.2.6.2. GST on winnings;
1.2.6.3. tax on turnover;
1.2.6.4. monies paid in the form of duties, taxes or levies or other statutory
deductions or payments to licensing authorities in the form of “product fees”
(eg. Racing Victoria Limited) or Australian Governing Sporting Body;
1.2.6.5. monies paid in the form of duties, taxes or levies or other statutory
deductions or payments to government authorities in the form of a “point of
consumption tax”;
1.2.6.6. charges levied by electronic payment or credit card organisations;
1.2.6.7. monies attributable to fraud;
1.2.6.8. returned bets;
1.2.6.9. customer verification fees;
1.2.6.10. administration fees; and
1.2.6.11. bonus bet winnings, bonuses or other incentives offered to the
Customer.
1.2.7. Partner Approval Process means the approval process specified by Picklebet for
the Program, which may amongst other things require the Partner to provide:
1.2.7.1. evidence of web analytics and unique reach of any website or social
media account operated by or on behalf of the Partner;
1.2.7.2. comprehensive marketing strategy and SEO plans;
1.2.7.3. evidence of all listed domains and relevant networks held by the
Partner;
1.2.7.4. a business model which aligns with Picklebet’s business model; and
1.2.7.5. relevant content on the any website or social media account operated
by or on behalf of the Partner which attracts valuable Customers.
1.2.8. Partner Package means the partner package detailing the commission payments
and other special conditions.
1.2.9. Program Website means the website notified by Picklebet where Picklebet
makes available information about the Program.
1.2.10. Prohibited Activity means:
1.2.10.1. marketing or promoting any website within or to persons from any
Restricted Territories;
1.2.10.2. involvement in any traffic coming to the Website from any Restricted
Territories;
1.2.10.3. allowing, assisting or encouraging circumvention of any restriction put
in place by Picklebet and/or any website in connection with Restricted
Territories; or
1.2.10.4. breach of any applicable:
1.2.10.4.1. anti-spam, direct marketing, or marketing communications law;
1.2.10.4.2. anti-money laundering law or regulation; or
1.2.10.4.3. gambling or sports law or regulation, or policy of any Australian
Governing Sporting Body.
1.2.11. Restricted Territories include the territories indicated in Picklebet’s Terms and
Conditions, which may be changed from time to time.
1.2.12. Picklebet Approved Materials means any content, images, banners, links, data,
branding or Intellectual Property Rights which Picklebet provides to the Partner or
otherwise approves for use in accordance with this Agreement.
1.2.13. Unsuitable Website means a website which Picklebet considers in its discretion is
not suitable for association with the Program, including websites that:
1.2.13.1. infringe Intellectual Property Rights or violate other rights of Picklebet
or any third parties;
1.2.13.2. could be fraudulent, click spam, click farms or fake sites, or show
evidence of invalid traffic, hidden ads, bots, crawlers, or malicious code;
1.2.13.3. contain sexually explicit, violent, hateful, or otherwise offensive or
illegal activities or materials; or
1.2.13.4. engage in Prohibited Activity;
1.2.13.5. promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age;
1.2.13.6. are or contain pages that are targeted at any person under 18 years of
age or target Customers from Restricted Territories; or
1.2.13.7. are otherwise considered by Picklebet in its discretion to be offensive
or inappropriate.
1.2.14. Website means www.picklebet.com, www.picklebet.com.au and any pages or
websites under the Picklebet brand and any Picklebet mobile phone or tablet
applications that are owned and/or operated by Picklebet.
1.3. Interpretation
Headings: The headings in these Terms are for convenience only and do not affect its
interpretation.
References to Legislation: References to legislation include any amendments,
consolidations, or re-enactments of those laws.
Person: References to a person include individuals, corporations, partnerships, and
other legal entities.
2. ELIGIBILITY AND ENROLMENT
2.1. Application process
To join the Program, You must complete the affiliate application form available on the
Income Access website. The application will be reviewed by Picklebet, and You will be
notified via email whether Your application has been approved or rejected.
2.2. Eligibility criteria
Age Requirement: You must be at least 18 years old to apply.
Legal Status: You must be legally allowed to participate in affiliate marketing under the
laws of Your country of residence.
Business Registration: If operating within Australia, You must have a valid Australian
Business Number (ABN).
2.3. Acceptance of Terms
By submitting an application to the Program, You acknowledge that You have read,
understood, and agree to be bound by these Terms in their entirety. Participation in the
Program constitutes acceptance of these Terms.
3. TERM AND TERMINATION
3.1. Duration of Agreement
This Agreement is effective from the date You are accepted into the Program and will
continue for a period of 12 months and renewed automatically, until terminated by
either party in accordance with these Terms.
3.2. Termination without cause
Either Party may terminate this Agreement at any time, without cause, by providing 30
days’ written notice to the other Party. Upon termination, You must cease all use of
Picklebet’s intellectual property and remove all marketing materials from Your
platforms.
3.3. Termination by Picklebet
Picklebet reserves the right to terminate this Agreement immediately, with or without
notice, in the following circumstances:
3.3.1. Breach of Terms: If You breach any of these Terms.
3.3.2. These : If You fail to meet the minimum performance
requirements, such as referring a specified number of new Customers within a
certain period.
3.3.3. Reputation Risk: If Your actions harm or have the potential to harm Picklebet’s
reputation or violate applicable laws.
3.3.4. Inactivity: If You do not generate any active referrals for a period of six months or
more.
3.3.5. Suitability: If Picklebet determines You to be unsuitable for the Program,
including because:
3.3.5.1. Picklebet reasonably considers You are operating an Unsuitable
Website;
3.3.5.2. Picklebet reasonably considers You are acquiring Customers in a
fraudulent manner, including but in no way limited to the use of click spam,
click farms, multiple accounts, incentivised traffic that is not approved or
non-compliant bonus bet content;
3.3.5.3. You are subject to an order, or an effective resolution is passed or a
petition is presented for Your winding up, or there is convened a meeting for
the purpose of entering into an examinership, arrangement or composition
for the benefit of creditors, or if a receiver or examiner is appointed over Your
undertaking or part thereof, or if You are unable to pay Your debts (Insolvency
Proceedings).
3.4. Consequences of Termination
3.4.1. Upon termination:
3.4.1.1. Removal of Materials: You must remove all Picklebet Approved
Materials, including any banners, links, and other promotional materials from
Your platforms.
3.4.1.2. Cessation of Rights: All rights and licenses granted to You under this
Agreement will immediately cease.
3.4.1.3. Final Payments: You will be entitled to any unpaid commissions
earned up to the date of termination. Picklebet may withold payment for a
reasonable time to ensure the correct amount of commission is paid. No
further commissions will be earned after the termination date.
3.4.1.4. Outstanding Obligations: You must return or destroy any confidential
information belonging to Picklebet.
4. PARTNER OBLIGATIONS
4.1. Marketing and Promotion
As an Affiliate, You are responsible for actively and effectively promoting Picklebet. Your
promotional activities must be ethical, responsible, in compliance with all applicable
laws and act in good faith. This includes:
4.1.1. Content Accuracy: Ensuring that all content on Your platforms is accurate, not
misleading, and lawful.
4.1.2. Proper Use of Links: Using the correct tracking links provided by Picklebet to
ensure that referred Customers are properly attributed to You.
4.1.3. Geographical Compliance: Ensuring that Your marketing efforts do not target
jurisdictions where online betting is illegal.
4.1.4. Responsible Gambling: Ensuring that You do not breach Picklebet’s Responsible
Gambling Policy and responsible gambling requirements, in particular by ensuring
to the fullest extent possible that content is not directed at or accessible by
individuals who are under 18 years of age or who are known to be problem
gamblers.
4.1.5. Social media: In the case of social media activities, clearly identify all
advertisements and marketing communications as such and reference Picklebet
and the Partner.
4.1.6. Pop-ups/unders: ensure that any pop-ups/unders used for the Program are
clearly identified as Picklebet material in the title bar of the window and any
client-side ad serving software used by Picklebet will only be installed on an
end-user’s computer or mobile device if:
4.1.6.1. the function of the software is clearly disclosed to end-users prior to
installation;
4.1.6.2. the installation is pursuant to an affirmatively accepted and
plain-English end-user licence agreement; and
4.1.6.3. the software may be easily removed according to generally accepted
methods.
4.2. Prohibited Conduct
You must not engage in any of the following activities:
4.2.1. Targeting Minors: Promoting Picklebet to individuals under the age of 18.
4.2.2. Deceptive Practices: Using misleading, deceptive, or unethical marketing
practices.
4.2.3. Spamming: Engaging in unsolicited bulk communications (e.g., email, SMS) to
promote Picklebet.
4.2.4. Inappropriate Content: Displaying content that is discriminatory, sexually explicit,
or related to alcohol, violence, or illegal activities.
4.2.5. Fraudulent Activity: Engaging in or facilitating fraudulent activities, including but
not limited to "cookie stuffing," unauthorised use of bonus codes, or other
deceptive practices.
4.3. Compliance with Laws and Regulations
You must comply with all applicable laws and regulations, including but not limited to:
4.3.1. Spam Act 2003: Governing the sending of commercial electronic messages in
Australia.
4.3.2. Privacy Act 1988: Governing the handling of personal information in Australia.
4.3.3. Anti-Money Laundering and Counter-Terrorism Financing Act 2006: Governing
financial transactions to prevent money laundering and terrorism financing.
4.4. Notification of Breach
If You become aware of any matter, fact, or circumstance that is likely to put Picklebet in
breach of any law or regulation, or results in a breach of this Agreement, You must
promptly notify Picklebet in writing.
4.5. Dispute Resolution
In the event of a dispute arising out of or in connection with this Agreement, both
parties agree to first attempt to resolve the issue through good faith negotiation. If the
dispute cannot be resolved through negotiation within 20 business days, either party
may refer the dispute to mediation before pursuing legal action.
4.6. Regulator approval
If a component of the services is such that Picklebet requires approval from the
Northern Territory Racing and Wagering Commission under section 176 of the Racing
and Wagering Act 2024, in order to enter into an arrangement for those services then,
in respect of those services only:
4.6.1. The provision of those services under these Terms & Conditions is subject to and
conditional upon the approval being received; and
4.6.2. You will co-operate with any reasonable request of Picklebet, and provide any
information reasonably required, to allow for such approval to be obtained.
4.7. Monitoring and Reporting
You must allow Picklebet to monitor Your promotional activities to ensure compliance
with these Terms. You are required to provide Picklebet with any necessary data or
information to facilitate this monitoring.
5. PICKLEBET'S OBLIGATIONS
5.1. Provision of Marketing Materials
Picklebet will provide You with a variety of marketing materials, including banners, links,
and data feeds (Supplied Creative), to be used in promoting Picklebet. These materials
must be used in accordance with Picklebet’s guidelines and these Terms.
5.2. Tracking and Reporting
Picklebet will track the Customers You refer using unique tracking links and will provide
You with regular high level reports summarising the activity and revenue generated by
Your referred Customers.
5.3. Support and Communication
Picklebet will offer reasonable support to assist You in promoting Picklebet effectively.
This may include providing advice on best practices, answering queries, and offering
technical assistance as needed.
5.4. Payment of Commissions
Picklebet will pay You a commission for each Qualified Action based on the Net
Revenue generated by Your referred Customers. Payments will be made monthly in
arrears, provided that the minimum payment threshold of $100 is met. If this threshold
is not met, the balance will roll over to the following month. A Qualified Action means
and individual person who:
5.4.1. accesses the Program Website via the link available on the Partner’s media,
where the link is the last link to the Program Website, or otherwise opens a Betting
Account with Picklebet in circumstances where the relevant introduction has been
provided by the Partner;
5.4.2. is not a computer-generated user, such as a robot (bot), spider, computer script
or other automated, artificial or fraudulent method to appear like an individual real
live person;
5.4.3. is not using pre-populated fields;
5.4.4. completes all of the information required for such action within the time period
allowed by Picklebet; and
5.4.5. is not later determined by Picklebet to be fraudulent, incomplete, unqualified or
a duplicate.
5.5. Activity Report
Picklebet will, within ten (10) business days of the end of each calendar month, issue to
the Partner a report of all Qualified Actions during the previous calendar month
relevant to calculation of the Partner’s commission under these Terms (Activity Report).
5.6. In the event that the Partner is also tracking Qualified Actions and claims a discrepancy
within an Activity Report:
5.6.1. it must provide Picklebet with its reports within three (3) days after receipt of the
relevant Activity Report;
5.6.2. if the Partner’s reported statistics vary from Picklebet’s reported statistics by
more than 10% and Picklebet reasonably determines that it has used generally
accepted industry methods to track Qualified Actions, then the Partner agrees to
act in good faith and use all reasonable endeavours to resolve the differences with
Picklebet; and
5.6.3. if the Parties are unable to arrive at a reconciliation, then Picklebet’s figures will
be accepted by the parties as being the correct figures.
6. COMMISSION STRUCTURE
6.1. Calculation of Net Revenue
Net Revenue is calculated as the gross amount of betting transactions generated by
Your referred Customers, minus the following deductions:
6.1.1. Winnings: Amounts paid out to Customers as winnings.
6.1.2. Taxes and Fees: Any applicable taxes, duties, or levies.
6.1.3. Bonuses: The value of any free, matched, or bonus bets provided to Customers.
6.1.4. Refunds: Amounts refunded to Customers for any reason.
6.1.5. Fraudulent Activity: Any amounts attributable to fraudulent activity by
Customers.
6.2. Commission Percentage
You will earn a commission as a percentage of the Net Revenue generated by Your
referred Customers. The exact percentage will be specified in the Partner Package, or as
otherwise agreed in writing between the Parties.
6.3. Payment Schedule
Commissions are paid by the 15th of each month for the previous month’s activity.
Payments will be made via electronic transfer to the bank account You have provided,
subject to meeting the minimum payment threshold of $100. You must issue Picklebet
with a tax invoice for any commission due within 10 days of receipt of the Activity
Report for that period.
6.4. Negative Balances
If the Net Revenue for a particular month results in a negative balance (e.g., due to
refunds, chargebacks, or bonuses), Picklebet reserves the right to carry forward the
negative balance to the next month’s commission calculation.
6.5. Currency and Taxation
All payments will be made in Australian dollars (AUD), unless otherwise agreed. You are
responsible for any taxes or charges associated with the receipt of commissions.
7. CONFIDENTIALITY AND DATA PROTECTION
7.1. Confidential Information
Both parties agree to keep all Confidential Information strictly confidential. Confidential
Information includes any non-public information disclosed by one party to the other in
connection with the Program. You must not disclose Confidential Information to any
third party without the express written consent of Picklebet, except as required by law.
7.2. Data Protection Compliance
You must comply with all applicable data protection laws, including the Privacy Act
1988, in relation to any personal information You collect or process as part of this
Agreement. You must take appropriate measures to protect the personal data of
Customers and ensure it is only used for legitimate purposes.
7.3. Return or Destruction of Confidential Information
Upon termination of this Agreement, You must return or destroy any Confidential
Information in Your possession and provide Picklebet with confirmation of such
destruction if requested.
8. INTELLECTUAL PROPERTY
8.1. License to Use Intellectual Property
Picklebet grants You a non-exclusive, non-transferable, and revocable license to use its
trademarks, logos, and other branding materials solely for the purpose of promoting
Picklebet as outlined in this Agreement.
8.2. Limitations on Use
You must not:
8.2.1. Alter or Modify: Alter or modify any of Picklebet’s intellectual property without
prior written consent.
8.2.2. Misuse: Use Picklebet’s intellectual property in any manner that is misleading,
deceptive, or likely to damage Picklebet’s reputation.
8.2.3. Transfer or Assign: Transfer or assign Your rights to use Picklebet’s intellectual
property to any third party without Picklebet’s express written consent.
8.3. Ownership of Intellectual Property
All rights, title, and interest in Picklebet’s intellectual property, including any
modifications or improvements made to it, remain with Picklebet. You acknowledge
that Your use of Picklebet’s intellectual property does not grant You any ownership
rights.
9. MISCELLANEOUS
9.1. Amendments
Picklebet reserves the right to amend these Terms at any time. Any changes will be
communicated to You, and Your continued participation in the Program after such
changes have been notified will constitute Your acceptance of the amended Terms.
9.2. Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of
Queensland, Australia, and each party unconditionally and irrevocably submits to the
exclusive jurisdiction of the courts of Queensland and any courts which have
jurisdiction to hear appeals from Queensland courts. Each party waives any right to
object to any proceedings being brought in any relevant courts.
9.3. Force Majeure
Neither party will be liable for any failure or delay in performing its obligations under
this Agreement due to circumstances beyond its reasonable control, including but not
limited to natural disasters, war, terrorism, and government actions. If a Force Majeure
event continues for more than 60 days, either party may terminate this Agreement by
providing written notice to the other.
9.4. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the
remaining provisions will continue in full force and effect. The invalid or unenforceable
provision will be modified to the extent necessary to make it enforceable, or if it cannot
be modified, it will be severed from the Agreement.
9.5. Assignment
You may not assign or transfer any of Your rights or obligations under this Agreement
without the prior written consent of Picklebet. Picklebet may assign or transfer its rights
and obligations under this Agreement without Your consent.
9.6. Amendments
Picklebet may make changes to these Terms from time to time by providing notice on
the Program Website. Any changes on the Program Website will be taken to be in effect
from the time they are published. The latest modification of these Terms will be as per
the date stated at the top of these Terms. If the Partner does not agree to any variation
to these Terms, it may terminate this Agreement in accordance with clause 3.2.
9.7. Relationship of the Parties
Nothing in this Agreement creates a partnership, joint venture, or employment
relationship between You and Picklebet. You are an independent contractor, and You
have no authority to bind Picklebet in any way.