Please read this agreement carefully before registering and using the Outplayed (formerly Profit Accumulator) service as an affiliate. By signing up for the Outplayed affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
OUTPLAYED AND THIS AGREEMENT
1.1. This Agreement sets out the terms and conditions between Outplayed World Wide Limited ("we") and you in relation to your membership of our affiliate program to promote Outplayed.
1.2. We reserve the right to change any part of this Agreement at any time. It is entirely your responsibility to check these terms and conditions regularly. Your continued participation in our affiliate program after we have posted the changes will constitute binding acceptance of such changes.
1.3. Outplayed reserves the right to modify our commission structure at any time and without prior notice. This may include payment rates, dates of payments, methods of payment, minimum balances required for payment.
2.1. In order to become an affiliate of Outplayed you must make a formal application on our website subsequent to the acceptance of the terms and conditions set out herein.
2.2. On receipt of your application, we will evaluate your website’s suitability for the program. We reserve the sole right to decline your application if we feel that it does not satisfy the interest of either the website or the program, or both. Once your website has been reviewed, we will notify you of whether your application has been accepted or declined.
2.3. If your website or affiliate activity is accepted and it is later determined that you are unsuitable for the program then we have the sole discretion to terminate affiliate accounts with immediate effect. We reserve the right to void any commissions due to terminated or suspended affiliate accounts.
2.4. We reserve the right to determine who may participate in our affiliate program. We may reject any person at any time from participating, and we may close any accounts we feel are in breach of this agreement or are in any way unsuitable to participate in our program, to be determined at our sole discretion. We reserve the right to void any commissions due to terminated or suspended affiliate accounts.
2.5. You may only participate in our affiliate program if you are over the age of 18.
2.6. Your account must be registered in your own name and address.
2.7. Affiliate accounts are non-transferable.
3.1. You agree not to promote Outplayed (or Profit Accumulator) in any manner that could be seen as misleading or deceptive.
3.2. You agree not to make any statements about Outplayed (or Profit Accumulator) that you know to be false, or should reasonably know are false.
4.1. You agree not to express or imply that you are an employee or representative of Outplayed World Wide Limited.
4.2. You agree not to use any of our trademarks, logos, or other copyrighted material without permission.
4.3. You may not use our trademarks, "Outplayed" or "Profit Accumulator" in your domain or subdomain name. The terms Outplayed and Profit Accumulator should not appear in your website domain name in any form. This is to prevent any confusion that you may officially represent Outplayed or Profit Accumulator. You may use the trademarks "Outplayed" or "Profit Accumulator" on specific pages within your website, including the folder structure, provided that it does not feature in the domain name or subdomain. It should be clear that your page is not an official representation of our brand or company.
4.4. You agree not to use our trademarks "Outplayed" or "Profit Accumulator" in the title of your Facebook group or fan page. This applies to any similar constructs on other social media sites. Essentially, it should be clear that your page is not an official representation of our brand or company.
5.1. You must clearly and conspicuously declare your relationship with Outplayed as an affiliate, on any platform you use to promote us.
6.1. If you are found in breach of any terms and conditions, your affiliate account will be terminated with immediate effect. We reserve the right to void any commissions due to terminated or suspended affiliate accounts.
6.2. Any clicks on your affiliate link by the user must be intentional. You may not use any methods to force or trick the user into following your link. This includes automatic redirects, images that masquerade as embedded videos, or any other method intended to deceive the user or force them to take an action they did not intend.
6.3. You are not permitted to perform direct linking to the Outplayed site. This also extends to iframes of the Outplayed site itself that feature affiliate links instead of normal signup links. If you are found to be doing so your account will be terminated immediately.
6.4. You may not use any malware, adware, toolbars, popups, hidden windows, or other illegal or inappropriate tools to promote Outplayed.
6.5. You may not use any paid traffic networks, display networks, or traffic exchange websites to drive traffic directly to Outplayed via your affiliate links. If you are found to be doing so your account will be terminated immediately and all commissions will be void.
6.6. Any emails you send must be CANSPAM compliant.
6.7. You may not promote Outplayed on any website where gambling-related content is prohibited, or to users outside of the United Kingdom or Ireland, or to users under the age of 18.
6.8. You agree not to use the Outplayed scheme in any fraudulent manner. This includes attempting to receive commissions that you are not entitled to (for example, by clicking your own link in an attempt to receive commissions for your own payments, or by trying to "change" your referring affiliate).
6.9. You agree not to target our brand keywords "Outplayed" or "Profit Accumulator" with PPC adverts.
6.10. You must seek our consent before promoting other matched betting or direct competitor websites. Please contact our affiliate manager for more information.
6.11. You agree not to attempt to further monetize users that you send through your affiliate link; for example, charging them an additional fee for the provision of information relating to Outplayed, or requiring them to share their profits from Matched Betting with you.
7.1. It is our policy to actively prevent, to the extent within our control, money laundering, or any other activities that facilitate money laundering or funding of terrorist or criminal activities. We reserve the right to attempt to verify your identity through the information provided by you, by obtaining information from public sources or by such other means as we deem reasonably necessary.
7.2. You agree to provide accurate and up to date personal information, and not to register using any fake name or alias. We may request proof of identity (e.g. any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a bank statement, or in the case of a corporation: a copy of the company's certificate of incorporation; constitutional documentation; information regarding the identity of the beneficial owner of the company and the identity of the directors of the company) at any time and you understand that payments may be delayed if supporting documents are not provided. Any provided documents will be stored securely, and never used for any purpose other than verification.
7.3. Any taxes that may be due to HMRC on your earnings from our program are solely your responsibility to declare and pay.
8.1. We reserve the right, at our sole discretion, to suspend any affiliate accounts we deem to be in breach of these terms and conditions or any account we believe to be involved in fraud or other illegal or suspicious activities, to withhold any commissions due on your accounts, and to report such details as is considered necessary to relevant authorities. We may also pursue you for the return of any paid commissions that we believe have been obtained fraudulently or in breach of these terms.
8.2. We reserve the right to promote our affiliate program in any way we see fit. This may include revealing reports of our top affiliate earners, including usernames and monthly earnings from our commission system. (For example, a report of the top 10 affiliate earners for the month, showing the usernames and the amount they earned. These reports would be mailed to all affiliates as motivation).
9.1. We will pay you the currently published percentage (as detailed on the homepage of the Outplayed affiliate programme) of revenue from sales of Platinum or Diamond memberships on Outplayed. This is currently 42% of the total amount of the sale. For the avoidance of doubt, you shall not be entitled to any revenue share in respect of revenues generated by Customers following the termination of this Agreement, or revenue from customers that falls outside the scope of a Platinum or Diamond membership.
9.2. We have the right to modify the percentage at any time.
9.3. We endeavor to pay commissions within the first 7 days of each month for all commissions that are at least one month old, provided that these commissions match or exceed £50, and that you have generated commissions from at least 3 different customers.
9.4. We will make reasonable efforts to ensure you are paid in a timely fashion, but we will not be held liable for any delays within or outside of our control.
9.5. We reserve the right to deduct any fees associated with payment from the amount payable.
9.6. In the event that you supply us the wrong PayPal account information, or your PayPal account rejects or does not accept the payment, we may not be able to resend the funds to the correct address.
9.7. In the event that you do not deliver at least one new customer in any 3 month period, we reserve the right to reduce your revenue share, or to terminate our agreement with you and your affiliate account. We will notify you by email in advance of this occurring.
9.8. Any commissions which remain unpaid after six months of being earned, whether due to the affiliate not crossing the £50 generated from at least 3 different customers threshold, or due to satisfactory identity checks not being completed, or incorrect payment details provided, or any other reason, will be void.
9.9 Referral customers will be tracked for 1 (one) year from first click on the affiliate link.
10.1. You shall indemnify Outplayed on demand and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Outplayed in consequence of any breach, non-performance or non-observance by you of any of your obligations or warranties under this Agreement.
10.2. In no event shall we be responsible for any claim or dispute between you and any user of your site.
10.3. We shall not be liable to you in contract, tort, or otherwise (including liability for negligence) for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
10.4. We shall not be liable for any loss or damage that you may suffer because of any act of God; power failure; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services or networks; or any other act, omission, delay or failure caused by a third party or otherwise outside of our control.
10.5. The liability of Outplayed shall not, in any event, exceed the sum of the total monies paid by Outplayed to you over the 12 month period preceding the date on which any liability accrued.
All affiliates that sign up to the Outplayed affiliate program also agree to abide by the affiliate guidelines. A copy of which can be found here.
Approved affiliate applications will be automatically 'opted-in' to the guidelines. By applying for the program, you are agreeing to follow the new guidelines and if any legal action comes as a result of something happening that was outlined as now not being permitted in the new guidelines, Outplayed will take no legal responsibility. If you choose to not be automatically opted-in, please review the guidelines and come back with any questions or points.
Updated: 10th January 2023