Terms and Conditions

AFFILIATE MARKETING AGREEMENT: TERMS AND CONDITIONS

This agreement aims to regulate the contracts entered into between TOP WORK S.R.L., a company registered in the business register of the Republic of San Marino, no. 7632, with its registered office in Dogana, via Consiglio dei Sessanta n.99 (hereinafter the "Company"), and the Affiliates, whose personal and fiscal data are indicated in the affiliation request.

Introduction

TOP WORK S.R.L. has created an online commercial affiliation platform (Affiliation Platform: a website with a public area and a private area accessible via credentials made available to the Affiliate), available at https://br.betaffiliation.com/. Through this platform, it offers affiliates access to various marketing campaigns divided by sector. By completing the affiliation request and clicking "I ACCEPT" in the relative form, the applicant declares to have read and accepted all terms and conditions. If these terms are not accepted, Top Work s.r.l. cannot proceed with the request.

To join, you must own websites, pages, or other web spaces where advertising campaigns will be promoted via text links, banners, and other tools. Affiliation is strictly prohibited for minors under 18 years of age.

ART.1) PURPOSE

This Agreement regulates the terms and conditions for the Affiliate's promotion of the Company’s Collection Channels. The Affiliate will be paid a commission based on the traffic generated towards these channels.

ART.2) AFFILIATE ACCEPTANCE

The Company reserves the right to evaluate the application and inform the Affiliate of acceptance or rejection. The Company reserves the sole right to refuse the request for any reason without justification. The Affiliate guarantees:

  • Being of legal age to enter a contract.
  • Having the skills and authorization to sign binding agreements.
  • Complying with all regulations and laws applicable to promotional activities.

ART.3) OBLIGATIONS AND RESPONSIBILITIES OF THE COMPANY

The Company shall provide the Affiliate with necessary information for tracking (Links/AffiliateID). The Company shall:

  • Administer revenue, record net income, and calculate commissions.
  • Provide reports and statistics via a personal account area.
  • Inform members via newsletter about new campaigns.

Liability Limitation: The Company is not responsible if a customer cannot be tracked due to the Affiliate's failure to obtain cookie consent or compliance with data protection laws. The Company may refuse any Client, close duplicate accounts, and cancel amounts due for such accounts to protect its interests.

ART.4) OBLIGATIONS AND RESPONSIBILITIES OF THE AFFILIATE

The Affiliate guarantees to:

  • Actively promote the most updated versions of links.
  • Provide the Company with access/data to monitor the website for compliance.
  • Use only approved marketing methods. Unauthorized use of banners results in immediate suspension.
  • Obtain prior written authorization for email marketing (which must be Opt-in).
  • Prohibited Actions: No incentives for registration, no offline traffic, no fraudulent behavior (bonus abuse), and no promotion of gambling to minors under 18.
  • Exclusivity: Affiliates cannot promote the same campaigns via direct affiliation without prior authorization.

Fraud: In case of fraud, the contract is terminated immediately. Top Work s.r.l. may seek repayment of illicitly earned commissions and take legal action.

ART.5) INTELLECTUAL PROPERTY

Affiliates do not acquire any intellectual property rights over promotional materials, products, or services. The Company grants a non-exclusive right to use trademarks/names solely for the specific duration of the campaign.

ART.6) COMMISSIONS AND PAYMENTS

Commissions are calculated using:

  1. CPA (Fixed): A fixed amount per sale/action. Note: Speculative play to trigger CPA is not remunerated.
  2. REVENUE SHARE: A percentage of the revenue generated by the referred users.
  3. HYBRID: A combination of CPA and Revenue Share.

Payment Terms:

  • Calculated by the 15th of the following month.
  • Invoices issued within 30 days of the monthly report.
  • Minimum Threshold: If the balance is below the threshold, it rolls over to the next month.
  • Inactivity Clause: If an Affiliate is inactive for 6 consecutive months (failing to bring in at least 10 new customers total in that period), no further commissions will be due.

ART.7) ENTRY INTO FORCE

The Agreement starts the day the Affiliate clicks "I Accept," provided the Company does not reject the application.

ART.8) WEBSITE MODIFICATIONS

Changes to website names, hosting, size, or objectives require prior authorization from Top Work s.r.l.

ART.9) LIABILITY

The Company is not liable for indirect losses, loss of profits, or data corruption. It is also exempt from liability for events of force majeure (power outages, government actions, etc.).

ART.10) DURATION AND TERMINATION

The contract has no set end date.

  • Withdrawal: Parties can withdraw for "just cause" with 15 days' notice via registered mail or PEC.
  • Unilateral Withdrawal: Top Work s.r.l. can withdraw at any time without explanation, paying commissions up to the moment of dissolution.
  • Post-Termination: The Affiliate must remove all links/references and return confidential information.

ART.11) INTERPRETATION

If any provision is found invalid or unenforceable, it will be limited only to that extent, leaving the rest of the contract valid.

ART.12) PERSONAL DATA TREATMENT

Parties act as independent Data Controllers under the GDPR (EU Reg. 679/2016). Data is processed solely for the execution of the contract and must be kept secure and confidential.

ART.13) AMENDMENTS

The Company reserves the right to modify any provision at its discretion, giving notice to the Affiliate.

ART.14) APPLICABLE LAW AND JURISDICTION

Disputes will first be settled amicably. If no agreement is reached within 30 days, the sole competent court is the Court of San Marino.

ADDENDUM: GUIDELINES FOR AFFILIATES IN ITALY

Due to Italian regulations, Affiliates must strictly adhere to the following:

  1. Language: Avoid "imperative" tones like "Register Now" or "Play Now." Use informative language: "Find out more," "Visit site," "Info here."
  2. Visuals: Remove standard banners; use only comparative/informative materials from the Betaffiliation panel.
  3. Compliance Logos: Always show the ADM (Customs and Monopolies Agency) logo and the +18 logo.
  4. Disclaimers: Websites comparing odds or bonuses must include a specific disclaimer stating the service is for information/comparison purposes only and complies with AGCOM resolution 132/19/CONS.
  5. Tipsters: Must show at least 2 (or 3 recommended) legal AAMS/ADM operators to ensure impartial comparison.
  6. Forbidden Phrases: No mentions of "no risk," "get rich," "always win," or showing betting amounts/winnings that could incite gambling.
  7. COVID-19: Any marketing reference to the pandemic or virus results in immediate account closure and commission forfeiture.

Sanctions for Non-Compliance:

  • Suspension of participation for investigation.
  • Withholding of income related to the specific campaign.
  • Claim for damages and fines.
  • Immediate termination of the contract.