Terms and Conditions

Tobibet Affiliate Program – Terms and Conditions

Ver. 1.0
September 24
This is an agreement between NOBIKSAT operating as “Tobibet”, a company incorporated under the laws of Costa Rica, with registration number 0000015 with its registered address at Calle Lajas, Condominio Lomas del Valle, Apartment 1 Condominio D, Flat 21, 10901, San Jose, Santa Ana, Costa Rica (“NOBIKSAT”, “Tobibet”, “us”, “our” or “we”) and you (“you” or “Affiliate”) which regulates the relationship between you and us (the “Agreement”).
We reserve the right to change any part of this Agreement at any time. Where possible, notice of any material changes will be sent to the last email address provided by you to us in advance of such changes becoming effective but it is ultimately your responsibility to check these terms and conditions regularly and we reserve the right to amend this Agreement at any time. Your continued participation in our Affiliate Programme after we have posted the changes will constitute binding acceptance of such changes. The latest modification of the Agreement will be as per the date stated at the top of this Agreement. Please check this page regularly for updates.

Definitions

“Administration Fee” means a charge or deduction incurred by Tobibet, related to the operation and management of the Affiliate program and the services it provides to Affiliates.
“Affiliate” means you, the person or entity, who applies to participate in the Affiliate Programme.
“Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Programme and approved by NTEC.
“Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other any third-party website to Tobibet Website.
“Affiliate Program” or “Tobibet Affiliate Program” means the collaboration between Tobibet and the Affiliate whereby the Affiliate will promote Tobibet Websites in exchange for a Commission subject to the terms and conditions of the Agreement.
“Affiliate Website(s)” means any website on the world wide web which is maintained, operated or otherwise controlled by the Affiliate.
“Commission” means a one-time, fixed payment provided to the Affiliate for each Referred Player.
“Confidential Information” means any information of commercial or essential value relating to Tobibet such as, but without limitation, financial reports and condition, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of Tobibet Website, technology, marketing plans and manners of operation.
“Intellectual Property Rights” or “IPRs” means any copyrights, trademarks, service marks, domain names, brands, business names, utility brands, and registrations of the aforesaid and/or any other similar rights of this nature.
“Net Revenue” means (i) in relation to sportsbook casino, bingo and scratch: all monies received by Tobibet from New Customers in relation to placed bets/casino activities less (a) monies paid out to New Customers as winnings, (b) bonus and jackpot contribution payouts, (c) administration fees, (d) fraud costs, (e) charge-backs, (f) returned stakes and (g) monies paid out as duties or taxes.; and
(ii) in relation to poker: the rake contributed less (a) bonuses, loyalty bonuses, promotional amounts and/or rake backs, (b) Administration Fees, (c) fraud costs and (d) charge back.
“New Customer” or “Referred Player” means an individual who has, for the first time and in an appropriate manner, registered for an account with us directly through one of your Affiliate Links. For the avoidance of doubt, players which are already our customers shall not be considered Referred Players. By opening an account with us, any Referred Player must comply with all our applicable rules, policies, terms and conditions and operating procedures.
“Tobibet Website” means the website with domain name https://www.Tobibet.com/en or other such websites as may be added to the Affiliate Programme by Tobibet from time to time.
“Parties” means Tobibet and the Affiliate (each a “Party”).

Program Registration

To become an Affiliate, you must complete the registration process on the Tobibet’s website and provide accurate and complete information.
By registering for the Affiliate Program, you represent and warrant that:

You are over 18 years old.
You have the legal capacity to enter into this Agreement.
The information you provided is accurate, complete, and up-to-date.
You have read, understood, and agree to comply with these Terms and Conditions.

Tobibet reserves the right to accept or reject any application for any reason, and such decisions shall be final.
Upon successful registration, the Affiliate will receive access to their Affiliate account, including marketing materials, tracking links, and reporting tools.
The Affiliate is responsible for maintaining the confidentiality of their account credentials and is liable for all activities that occur under their account.
We may, at our sole discretion, suspend (for a maximum period of 60 days) the Affiliate Program to investigate any suspected breach of these Terms and Conditions or terminate an Affiliate’s registration and participation in the Affiliate Program if the Affiliate breaches these Terms and Conditions.
We may request additional information and documentation from the Affiliate to verify their identity or compliance with applicable laws and regulations. Failure to provide such information may result in the suspension or termination of the Affiliate’s account.
The Affiliate must promptly notify us of any changes to their contact information and ensure that the provided contact information is accurate and current at all times.

Licence to use Intellectual Property

Subject to the terms and conditions of this Agreement, we hereby grant the Affiliate a limited, non-exclusive, non-transferable, and revocable licence to use the IPRs provided by us solely for the purpose of promoting Tobibet as part of the Affiliate Program.
The Intellectual Property may include, but is not limited to, trademarks, logos, banners, text, graphics, and marketing materials.
The Affiliate shall use the Intellectual Property in accordance with the guidelines, specifications, and instructions provided by us.
The Affiliate acknowledges that the Intellectual Property is the exclusive property of Tobibet and agrees not to challenge our ownership or the validity of the IPRs.
The licence granted herein does not confer any rights or ownership of the Intellectual Property to the Affiliate. The Affiliate shall not use the Intellectual Property for any purpose other than the promotion of Tobibet in connection with the Affiliate Program.
The Affiliate shall not modify, alter, or create derivative works based on the Intellectual Property without the prior written consent of Tobibet.
The licence is effective only for the duration of the Affiliate Program and may be terminated or revoked by us at any time, with or without cause, upon written notice to the Affiliate.
Upon termination of this Agreement or the Affiliate’s participation in the Program, the Affiliate shall immediately cease using the Intellectual Property, return any materials provided by us, and remove all Intellectual Property from their marketing materials, websites, and promotional activities.
Upon termination of this Agreement or the Affiliate’s participation in the Program, the Affiliate shall immediately cease using the Intellectual Property, return any materials provided by us, and remove all Intellectual Property from their marketing materials, websites, and promotional activities.

The Affiliate’s Obligations

You must ensure that all information provided to us is true and accurate, and it is within your sole responsibility to ensure that it is updated at all times.
It is your sole obligation and responsibility to ensure that (and to put in place all necessary measures to ensure that) your log in details for your Affiliate Account are kept confidential, safe and secure at all times. Any unauthorised use of your Affiliate Account resulting from your failure to adequately guard your log in information shall be your sole responsibility and you remain solely responsible and liable for all activity and conduct occurring under you Affiliate Account user ID and password whether such activity and / or conduct was undertaken by you or not. It is your obligation to inform us immediately if you suspect illegal or unauthorised use of your Affiliate Account.
By agreeing to participate in the Affiliate Programme, you are agreeing to use your best efforts to actively and effectively advertise, market and promote Tobibet Website in accordance with the provisions of the Agreement and our instructions from time to time. You will ensure that all activities taken by you under the Agreement will be in Tobibet’s best interest and will in no way harm the Tobibet’s reputation or goodwill.
For the purposes of this Agreement, New Customers who are your inter alia associates, friends and / or family members shall not contribute to the Commissions payable and shall also constitute as fraudulent behaviour. All New Customers must be directed to Tobibet Websites in good faith, and where you suspect that any Referred Customer is in any way associated to bonus abuse, money laundering, fraud or any other practices that cause harm to Tobibet (“Bad Faith Practices”), you shall immediately inform us. For the avoidance of doubt, any customer referred by you that engages in Bad Faith Practices shall not be deemed to be a Referred Customer and shall therefore not contribute to the Affiliate Programme.
You will be solely responsible for the development, operation, and maintenance of the Affiliate Website and for all materials that appear on the Affiliate Website. You shall at all times ensure that the Affiliate Website is compliant with all applicable law and appears and functions as a professional website. You will not present the Affiliate Website in such a way so that the Affiliate Website may cause confusion with Tobibet Websites and / or Tobibet generally or so that it may give the impression that it is owned or operated by Tobibet. The Affiliate Website will not contain any defamatory, libellous, discriminatory, obscene, unlawful (including that which the Affiliate does not have permission from any third party rights owner to use, for example illegal streaming) or otherwise unsuitable content (including, but not limited to: sexually explicit material which is not in line with legal or acceptable standards, violent, obscene, derogatory or pornographic materials or content which would be illegal in target country).

Tobibet’s Obligations

We shall use our best endeavours to supply you with all such materials and information required for necessary implementation of the Affiliate Links.
At our sole discretion, we may register any New Customers directed to the Tobibet Website by you. We reserve the right to refuse New Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. Where you provide Tobibet with personal data, Tobibet will comply with its obligations under the Data Protection Act enacted by the Tobique Gaming Commission on April 5, 2024 pursuant to Section 22 of the TOBIQUE GAMING ACT 2023 (Chapter 28).
We shall make available monitoring tools which enable you to monitor your Affiliate Account and the amount of your Commission and the payment thereof.

Responsible Gaming

You acknowledge and agree that the services and activities promoted under this Affiliate Program are intended for individuals who are of legal gambling age, typically 18 years or older, as specified by the laws and regulations of the relevant jurisdiction.
The Affiliate shall use its best endeavours to ensure that all promotional activities, including marketing materials, content, and communication, are directed exclusively to individuals who meet the legal age requirement for gambling in their respective jurisdictions.
The Affiliate shall refrain from marketing to, or engaging with, individuals who are under the legal gambling age in their jurisdiction.
The Affiliate further agrees to promptly comply with any requests or requirements from Tobibet to cease promotional activities targeted at individuals who do not meet the legal gambling age requirements.
In the event of any violations or concerns related to the promotion to minors or individuals below the legal gambling age, Tobibet reserves the right to take appropriate measures, which may include the suspension or termination of the Affiliate’s participation in the program.

Commissions and Payments

You may choose any one of the following Commission options (“Commission Options”) upon applying for our Affiliate Programme:
- Profit Share Model, whereby Tobibet pays you the following Commission rates:
  - 25% on Net Profits of up to EUR 5,000;
  - 30% on Net Profits from EUR 5,001 up to EUR 10,000;
  - 35% on Net Profits from EUR 10,001 up to EUR 25,000;
  - 40% on Net Profits exceeding EUR 25,001.
- Cost Per Acquisition Model, whereby Tobibet pays you a pre-determined amount for each Referred Player. All Cost Per Acquisition deals are subject to a 24-hour termination policy, whereby Tobibet reserves the right to terminate any Cost Per Acquisition deal within 24 hours of its initiation.
- Hybrid Model, whereby your payment will contain elements of both a Profit hare Model and a Cost Per Acquisition Model.
Commissions are paid once at the end of each month via bank transfer to the Affiliate, subject to a minimum payout of EUR 100 (“Minimum Threshold“). If the amount is less than the Minimum Threshold, it shall be accumulated and carried over to the following month and shall be payable when the total Commission collectively exceeds the Minimum Threshold.
The Affiliate’s acceptance of the payment of the Commission shall be deemed to constitute the full and final settlement of the balance due for the relevant period.
If the Affiliate disagrees with the balance due, it shall notify Tobibet within fifteen (15) days and state the reasons of the disagreement. The disputed amount shall then be compared by Tobibet to reports offered in the Affiliate Account system and the Tobibet database, and the final amount payable shall be as per the figure reported on the database.
You may request to change your Commission Option via the Affiliate Programme page no more than once every calendar month. Tobibet may accept or reject any such request in its complete discretion. If your request is accepted the new Commission Option will come into effect on the 1st of the following calendar month and will only apply to Referred Players introduced after that date.
If a New Customer closes their account or self-excludes within 30 days of opening their account, you will not qualify for any Commission related to that New Customer. Detailed information and evidence concerning such cases will be provided to the Affiliate upon request. If a payment has already been performed, you may be required to reimburse the respective amount upon notification from Tobibet, or the sum may be deducted from future Affiliate payments.
Any commission due that remains unclaimed for 180 days will be forfeited and is non-reversible
Tobibet will pay the Commission on New Customers acquired from global territories except from the following countries: Afghanistan, Canadian Provinces of New Brunswick and Ontario, China, Cuba, Central African Republic, Democratic Republic of Congo, Haiti, Iran, Iraq, Israel, Libya, Myanmar, North Korea, Russia, Somalia, South Sudan, Syria, United Kingdom, USA, Yemen, Venezuela or in any other jurisdiction where the laws or regulations of that jurisdiction do not permit use of Tobibet services (“Prohibited Jurisdictions”).
We retain the right to amend / remove Commission percentages or Commission Options at our sole discretion and upon providing written notice. You will then be required to select another Commission Option via the Affiliate Programme site which will apply to any Referred Players whose date of first registration is on or after your date of selection.

Term and Termination

This Agreement is effective upon the Affiliate’s acceptance and shall continue until terminated.
Either Party may terminate this Agreement with or without cause by providing thirty (30) days written notice to the other party. Upon termination, the Affiliate will forfeit any unpaid Commission.
Upon termination you must immediately remove all Tobibet banners / icon from the Affiliate Website and disable all Affiliate Links from the Affiliate Website to all Tobibet Websites.
All rights and licenses given to you in the Agreement shall immediately terminate. You will return to Tobibet any confidential information and all copies of it in your possession, custody and control and will cease all uses of all Intellectual Property Rights.
⦁ Upon termination of the Affiliate Agreement for any reason, all Commission relating to any New Customers directed to Tobibet during the term shall not be payable to the Affiliate as from the date of termination. All monies earned by Tobibet from such New Customers shall, as from the date of termination, be retained solely by Tobibet.

Liability and Indemnification

The Affiliate shall be solely responsible for all actions and statements made in connection with their participation in the Affiliate Program.
The Affiliate agrees to conduct their promotional activities in a lawful, professional, and ethical manner.
The Affiliate represents and warrants that they have obtained all necessary licenses, permits, and authorizations required to engage in the promotional activities contemplated by this Agreement. The Affiliate further warrants that their promotional activities will not infringe upon the intellectual property rights or privacy rights of any third party.
The Affiliate further represents and warrants that they shall comply with all laws, rules and regulations which are applicable to your compliance with our obligations in this agreement.
The Affiliate agrees to indemnify, defend, and hold Tobibet, its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or in connection with:
- Any breach of this Agreement by the Affiliate.
- Any claims related to the Affiliate’s promotional activities.
- Any claims of intellectual property infringement, defamation, or privacy violations.
- Any violation of applicable laws and regulations by the Affiliate.
In no event shall Tobibet be liable to the Affiliate or any third party for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenue, whether incurred directly or indirectly, or for any loss or corruption of data.
Nothing in this Agreement limits or excludes either party’s liability for death or personal injury or for breach of any of the indemnities under this Agreement, for which liability shall not be limited.
The obligations under this Liability and Indemnification clause shall survive the termination of this Agreement.

Confidential Information

During the term of the Affiliate Agreement, you may from time to time be entrusted with Confidential Information. You agree to avoid disclosure or unauthorised use of any such Confidential Information to third persons or outside parties unless you have our prior written consent. You also agree that you will use the Confidential Information only for purposes necessary to further the purposes of the Affiliate Agreement.
If the Affiliate is required by law, regulation, or legal process to disclose any Confidential Information, you shall promptly notify Tobibet in writing before such disclosure and cooperate in seeking protective measures or confidentiality agreements to protect the disclosed information to the fullest extent possible.
Upon the termination or expiration of this Agreement or upon request by Tobibet, you shall promptly return or destroy all Confidential Information and any copies thereof.
Your obligations in regard to this clause survive the termination of the Affiliate Agreement.

Miscellaneous

Modification of Terms and Conditions: We may modify any of the terms and conditions contained in the Affiliate Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Commissions and Affiliate Programme rules. If any modification is unacceptable to you, your only recourse is to terminate the Affiliate Agreement. Your continued participation in our Affiliate Programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
Relationship of the Parties: The relationship between the Parties is one of independent contractors. Neither Party has the authority to bind the other Party by contract or otherwise and neither Party’s employees or agents are employees or agents of the other Party. The Parties are not partners or joint ventures.
Force Majeure: Neither party shall be liable to the other for any delay or failure to perform its obligations under the Affiliate Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such event occurs, the nonperforming Party is excused from whatever performance is prevented by the event to the extent prevented provided that if the force majeure event subsists for a period exceeding thirty (30) days then either Party may terminate the Agreement.
Assignment: This Agreement shall incur to the benefit of and be binding upon each of the Parties and their successors in title. The Affiliate shall not assign, transfer or alienate any of your rights and obligations under this Agreement to a third party without Tobibet’s prior written consent.
Non – Waiver: Tobibet’s failure or delay to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
Severability: If any provision or part-provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
Language: If this Agreement is translated into any language other than English, the English language text shall prevail.

Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Costa Rica.
Any dispute controversy or claim arising out of or in connection with this Agreement (including, without limitation, any dispute, controversy or claim relating to the existence, validity or termination of this Agreement) shall be settled by arbitration in Costa Rica.