AFFILIATE ID:

Bodog® Affiliate Program Terms & Conditions

Latest Update: May 6, 2009

These Terms and Conditions form a legally binding agreement between and Affiliate applicant (or an approved Affiliate) ("you") and Company in relation to the "Bodog" Affiliate Program (the "Program").

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

You should print off and/or save a copy of these Terms and Conditions ("Terms") for your records.

  1. Application of Terms

    1.1.   These Terms apply to your application to or participation in the Program

    1.2.   You may not apply to or participate in the Program unless you accept the Terms.

    1.3.  You may not apply to or participate in the Program if you are not of legal age to form a binding contract with Company, or are otherwise precluded from participating in the Program under the laws of the country in which you are resident.

    1.4.   The Terms shall be deemed accepted by you upon the earlier of your: (i) submitting an application to participate in the Program; or (ii) continued participation in the Program.

    1.5.   Company may make changes to the Terms from time to time, and Company will make a new copy of the Terms available at http://www.bodogaffiliate.com/home/terms-and-conditions.html. You understand and agree that if you continue to participate in the Program after the date on which the Terms have changed, you are deemed to have affirmatively accepted the updated Terms. When Company posts changes to the Terms, the "Latest Update" date at the top of Terms will be updated. If you elect not to continue to participate in the Program following such changes, your only remedy is to terminate your participation in the Program in writing.


  2. Enrollment

    2.1.   To begin the enrollment process, a potential Affiliate will submit a complete Program application via the Website.

    2.2.   Affiliate shall not attempt to open more than one Affiliate account without prior written consent from Company, nor will Affiliate earn commissions on their own or related persons accounts. Affiliates are not permitted to wager with an Affiliate account. If you would like to play on Bodog, please set up a separate player account. If an Affiliate would like to test the system, Bodog will provide the Affiliate with a demo account. In the event a violation, Bodog has the right to void all current and future play as well as eliminate any earned commissions applicable from such play.

    2.3.   Company will evaluate the application and will notify the potential Affiliate of their acceptance or rejection to the Program. Company may reject any application if it is determined, in Company’s sole and absolute direction, that the submitted application or related website not unsuitable for the Program.

    2.4.   Unsuitable sites include, but are not limited to, those that:

    1. Infringe trademark rights of ours or any third parties or otherwise violates the rights of any third party;

    2. Contain sexually explicit materials;

    3. Contain hate/violent/offensive content;

    4. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

    5. Promote illegal activities or otherwise violate any applicable laws, including those targeting spyware, adware or SPAM;

    6. Violate any intellectual property rights, including, without limitation, scraping text or images from the Website; and/or

    7. Otherwise are considered by Company to be offensive or inappropriate.

    2.5.   If Company rejects the application, potential Affiliates may re-apply to the Program at any time. You should also note that if Company accepts your application and your site is thereafter determined, at our sole discretion, to be unsuitable for the Program, we may terminate this Agreement.


  3. Term and Termination

    3.1.   The term of Affiliate’s participation in the Program ("Term") will begin upon Company’s written confirmation of your acceptance into the Program.

    3.2.   Either Company or Affiliate may terminate this Agreement and their participation in the Program at any time, with or without cause, by giving the other party at least 30 days written notice of termination (such notice to be sent to Company by email to affiliatesupport@bodog.com or fax to 450-633-0601 (Attention: Affiliate Manager)).

    3.3.   Company has the right to terminate the Agreement without prior notice if Affiliate breaches any terms or conditions of this Agreement.

    3.4.   Upon termination:

    1. All rights and licenses granted to Affiliate shall terminate immediately.

    2. Affiliate must remove all Company banners from their site and disable any links to the Website from their site.

    3. Affiliate will be entitled to unpaid commission fees, if any, earned by on or prior to the date of termination. Affiliate will not be entitled to referral fees occurring after the date of termination.

    4. If Affiliate has failed to fulfill their obligations and responsibilities, Company will not pay any referral fees otherwise owed on termination.

    5. Company may withhold final payment for a reasonable time to ensure that the correct amount is paid to Affiliate.

    6. If Company continues to permit activity (generation of revenue) from Affiliate’s customers after termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.

    7. Affiliate will return to Company any confidential information, and all copies of information in your possession, custody and control. Affiliate will cease all uses of any trade names, trademarks, service marks, logos and other designations of Company or its licensors.

    8. Affiliate and Company will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.

  4. Company’s Obligations and Responsibilities

    4.1.   Company will make a variety of graphic and textual links available to Affiliate for placement on its website(s). Subject to the Terms, you may display the links as often and in as many areas of your website(s) as you desire.

    4.2.   Company will register your customers and will track their play on the Website. By opening an account with Company, the Customer agrees that all applicable Company rules, policies and operating procedures will apply to them. Company reserves the right to refuse Customers or close their accounts if necessary in its discretion.

    4.3.   Company will track Customers’ play and will supply reports summarizing customer activity to the Affiliate. The form, content and frequency of the reports may vary from time to time in Company’s sole discretion. The activity report will be delivered via email and consists of a spreadsheet that tracks customer accounts generated by Affiliate’s marketing efforts and any commissions earned.

  5. Commission Model and Calculations

    5.1.   Selection of Commission Model. Affiliates may select from one of two commission calculation models ("Models"). Once a commission model has been selected by Affiliate, it shall not be changed to the other model except with the written consent of Company, which consent may be granted or withheld in its sole discretion. Notwithstanding the foregoing, new Affiliates that select the Per-Depositing-Referral Model shall be subject to a 90-day probationary period, during which Company shall have the option, in its sole discretion, to shift the new Affiliate to the Revenue-Share model the referred traffic during the probationary period does not meet stipulated play levels.

    5.2.   Per-Depositing-Referral Model. Company will pay the Affiliate one hundred dollars ($100.00 USD) for each new player that opens an Account and deposits a minimum of twenty dollars ($20.00 USD) into their eCash account during the same calendar month.

    5.3.   Revenue-Share Model.

    1. Company will pay the Affiliate a percentage of the total monthly Net Revenue for Sportsbook, Racebook, Poker, and Casino play generated as a result of all Customers directly referred by the Affiliate.

    2. "Net Revenue" is calculated as follows:

      1. on Sportsbook activities: all gross monies from bets made by customers less; monies paid out to Customers as winnings, fraud, charge-backs, bonuses, and other incentives offered to the Customer;

      2. on Casino activities: total wagers made by customers less; payouts, charge-backs, bonuses, fraud, and other incentives offered to the Customer;

      3. on Poker activity: the gross rake less; bonuses, charge-backs, fraud, and other incentives offered to the Customer.

      4. on Racebook activities: all gross monies from bets made by customers less; monies paid out to Customers as winnings, fraud, charge-backs, bonuses, and other incentives offered to the Customer.

    3. Net Revenue (as defined above) shall be calculated for each referred player and the aggregate of all such calculations shall be the applicable commission due to such Affiliate (note that if Net Revenue for a given player is $ < 0, the negative amount shall be calculated at 25% of such amount).

      Net Revenue Percentage
      $1.00 - $9,999.99 25%
      $10,000 - $49,999.99 30%
      $50,000 + 40%


  6. Affiliate Obligations and Responsibilities

    6.1.   Affiliate shall use best commercially reasonable efforts to actively and effectively advertise, market and promote "Company" as widely and aggressively as possible in order to maximize the financial benefit to both Affiliate and Company. Affiliate shall only engage in advertising, marketing and promotional efforts which do not violate any law and which reflect positively upon the business reputation of the Bodog brand.

    6.2.   It is the responsibility of the Affiliate to ensure that the correct tracking is utilized on their website. Company will not change the Affiliate tracking ID for referrals resulting from incorrect or incomplete tracking. Company is not responsible for commission fees generated from referrals with incorrect or incomplete referral information.

    6.3.   Affiliate shall not establish any MySpace or other social network domains, blog domain, profile name or display name containing "Bodog", "Bodog Brand" or any variation of Bodog or "Calvin Ayre" or any variation of Calvin Ayre, including, but not limited to: BodogSportsbook, BodogCasino, BodogRacebook, BodogPoker, BodogSports, BodogSportsbetting, Calvin, Calvin Ayre, Bodog Calvin, Bodog Brand.

    6.4.   Affiliate is restricted from purchasing any domains that include "Bodog", "Bodog Brand", "Calvin Ayre", "Calvin" or bidding on any keywords or keyword phrases that include, but are not limited to, Bodog, Bodog.com, bodog.com, Bodog Sportsbook, Bodog Casino, Bodog Racebook, Bodog Poker or Bodog Sportsbook, Casino and Poker Room, Calvin Ayre, Bodog Calvin, Calvin, Bodog Brand, in any format in any pay per click (PPC) search engine. This includes, but is not limited to, the following search engines: Overture, Google, Kanoodle, FindWhat, ePilot and Ah-ha.

    6.5.   Affiliate is restricted from utilizing derivatives of "Bodog" or "Calvin Ayre" in URLs and directory names for the intention of search engine optimization.

    6.6.   Affiliate is restricted from setting up any site redirects from any page on their website or network of websites so that the page goes directly to www.bodog.com.

    6.7.   Affiliate is restricted from optimizing any page of their website(s) for keyword or keyword phrases that include, but are not limited to, Calvin Ayre, Bodog, bodog.com, Bodog Brand, Bodog Sportsbook, Bodog Casino, Bodog Racebook, Bodog Poker or Bodog Sportsbook, Casino and Poker Room in any format. This includes, but is not limited to, meta tags, headers and body content.

    6.8.   Affiliate is restricted from purchasing or building off-site text links with anchor text for Bodog-branded keyword phrases, including, but not limited to: Bodog, Bodog Brand, bodog.com, Bodog Sportsbook, Bodog Casino, Bodog Racebook, Bodog Poker or Bodog Sportsbook, Casino and Poker Room in any format or with any reference to Calvin Ayre.

    6.9.   Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, chat rooms or through the use of "bots". Traffic generated illegally or in contravention of these terms and conditions will not be commissionable.

    6.10.   Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of "Bodog" to their customers.

    6.11.   Affiliate shall not create, publish, distribute, or permit any written material that makes reference to "Bodog" or Company or "Calvin Ayre" without first submitting such material to Company and receiving prior written consent, which shall not be unreasonably withheld.

    6.12.   Affiliate agrees to cooperate fully with Company in utilizing and maintaining links and other promotional tools as supplied by Company. Furthermore, the Affiliate agrees to:

    1. Utilize the entire code for the banners, links and other promotional tools (including the tracking codes therein) and shall not in any way alter or remove any part of the code;

    2. Display on Affiliate’s website(s) only those graphical or textual images that are provided by Bodog;

    3. Update such images with new images provided by Company from time to time throughout the term of this Agreement; and

    4. Display such graphic and/or textual images prominently in relevant sections of Affiliate’s website(s).

    5. Company does not endorse promotion gambling through the US Postal Service.

    6. Company does not condone or endorse Spam.


    6.13.   Company employs strict eDM (email direct marketing) guidelines and policies for affiliates, media and other third parties. The eDM guidelines and policies serves to protect the "Bodog" family of brands, and email reputation with customers, Internet Service Providers (Google, AOL, Yahoo, Hotmail, etc.) and spam services including Spam Cop, Spam Assassin, Goodmail, Bonded Sender and others. Affiliates that conduct unauthorized eDM communications advertising any of "Bodog"-related brands is subject to Company placing their Affiliate account under review and withholding all funds otherwise due pending investigation. Classification of eDM communications that would be subject to review includes unsolicited email (spam), spamvertising and spoofing. By registering as an Affiliate, Affiliate agrees to abide to CAN-SPAM and FCC regulations and employ best practices in all marketing email communications. Affiliate further acknowledges and agrees that subscribers and customers may incur expenses in dealing with Spam-generated mail, and that Company may potentially incur legal expenses and penalties as a result of unauthorized third party email communications and in such event expenses will be deducted from Affiliate’s account. In such cases, Company shall determine such amounts in good faith, such determination will be deemed accepted by Affiliate, and such amount will be collectable by law in accordance with this Agreement. Should these expenses not be covered by funds in Affiliate’s account Company reserves the right to investigate other alternative means for obtaining payment. For example: should Affiliate’s account have generated purchasing accounts Company will hold payment of commission for these accounts until such a time as the account for damages has been cleared. Should Affiliate’s account not be active and be generating profit through commission payments Company reserve the right to demand payment from Affiliate.

  7. Commission Payments

    7.1.   Company will pay Affiliate commission on a monthly basis in arrears and according to the applicable commission Model.

    7.2.   Payment for the preceding month shall be processed by the 15th day of each calendar month. If Affiliate commissions earned do not exceed the minimum balance in any given month, then payment will be carried over to the following month until they exceed the minimum balance. The minimum balance is based on payment option as follows (see section 7.4 for availability of different options):

          Personal Bodog Account = $200 USD
          Click2Pay = $200 USD
          NETeller = $200 USD
          Check By Mail = $200 USD
          Bank Wires = $500 USD

    7.3.   If an Affiliate is participating via the Revenue Share Model and the Net Revenue for a particular calendar month is negative, such negative amounts shall be carried forward to the subsequent months(s).

    7.4.   Payments will be made through the following methods: NETeller (non-North America only); Click2Pay (non-North America only); Bank Wire; Check by Mail (US only) or a Bodog betting account. It is the responsibility of the Affiliate to select the method of payment and to pay transaction fees associated with their selected payment. Unless otherwise stipulated, payment will be withheld.

    7.5.   All amounts are calculated and paid in accordance with Company’s reasonable and good faith means of statistical analysis and customer tracking methods.

    7.6.   If a Customer registered through an Affiliate is banned from play for any reason, and returns any deposited funds to the Customer, Company will not pay Affiliate for the revenues generated by such banned Customer.

    7.7.   If a Customer registered through Affiliate is being investigated for credit card, bank information or address verification, Bodog will withhold payments of profits generated from that Customer until the investigation is completed.

  8. Warranties and Limitations

    8.1.   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR IN RELATION TO THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    8.2.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH COMPANY MAY MAKE TO THE PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROGRAM (OR ANY FEATURES WITHIN THE PROGRAM); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PROGRAM; (C) YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON COMPANY’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

  9. Miscellaneous

    9.1.   This Agreement constitutes the whole legal agreement between Affiliate and Company in relation to its subject matter.

    9.2.   Affiliate agrees that if Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of Company’s rights and that those rights or remedies will still be available to Company.

    9.3.   Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent of Company. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against Affiliate and Company and their respective successors and assigns. Should an affiliated website be sold, that website’s existing sheet of players will not necessarily become property of the new ownership and treatment of such players shall be in the sole discretion of Company.

    9.4.   Company and Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of Company. Affiliate will not make any statement, whether on its site or otherwise, that states or implies that Affiliate has the authority to represent Company.

    9.5.   If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

    9.6.   The Agreement, and Affiliate’s relationship with Company under the Agreement, shall be governed by the laws of the Antigua and Barbuda, without regard to its conflict of laws provisions whose courts shall be the non-exclusive courts of competent jurisdiction. Notwithstanding this, Affiliate agrees that Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

    9.7.   This Agreement and all representations, obligations, undertakings and warranties contained in it shall enure for the benefit of any successor and/or assignees of Company.

IN WITNESS WHEREOF, Affiliate expressly agrees to the terms and conditions of this Agreement by clicking the "Submit" button on the Affiliate Registration Form page.

Start earning today! Join the Bodog Affiliate Program.

If you have any questions, contact affiliatesupport@bodog.com.