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Affiliate Terms and Conditions

This document serves as an agreement ("Agreement") between SCOUT & CO. LTD, registered in Malta (Company Registration Number C 81596) with its registered office at 64, 'EXCALIBUR', B. BONTADINI STREET, BIRKIRKARA, BKR 1737, Malta, also known as "Fanteam," and you, the "Affiliate." It sets the terms for participation in the Fanteam affiliate program ("Program"). As an Affiliate, you will introduce customers to us in accordance with the terms defined here and provide services related to the Program throughout the duration of this Agreement.

By completing the affiliate application and clicking "I agree to the Terms and Conditions," you are agreeing to be bound by this Agreement.

1. Our Rights and Obligations

1.1. Customer Registration: We will register and track transactions of your referred customers. We reserve the right to refuse customers (or close their accounts) if necessary to comply with any requirements we may periodically establish. A "Customer" is defined as a visitor from your website(s) or other channels who enters our website (fanteam.com) via your provided click-through URLs (assigned to you by Fanteam), registers an account with Fanteam, and whose account registration subjects them to our rules, policies, and operating procedures.

1.2. Tracking Customer Activity: We will monitor Customer activity and provide you with reports summarizing the activities of your referred Customers, accessible from your affiliate dashboard. The form, content, and frequency of the reports are subject to change at our discretion.

1.3. Referral Commission Payments: Subject to clauses 4, 5, and 6, we will pay you a Referral Commission as detailed in Section 4 on the Net Revenue generated from Customers you direct to our website who then open an account, wager real money, and meet any other requirements subsequently agreed in writing by both parties.

1.4. Modifications to the Agreement: We may modify any of the terms and conditions contained in this Agreement or replace it entirely, at any time and in our sole discretion, by posting a change notice or a new agreement on our website or the affiliate platform. Modifications may include, for example, changes in the scope of available Referral Commissions, commission schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

1.5. Exclusion of Specific Regulations: You and we agree that Regulations 9(1), 9(2), and 11(1) of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to or have any effect on this Agreement.

1.6. Affiliate Application Process: To become an affiliate, you must accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. The application form forms part of this Agreement. We will, at our sole discretion, determine whether or not to accept your application, and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful.

2. Miscellaneous

2.1. Assignability: You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.

2.2. Non-Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions, or interlineations of this Agreement are permitted or will be recognised by us unless explicitly agreed in writing.

2.3. Remedies: Our rights and remedies hereunder shall not be mutually exclusive; the exercise of one or more provisions shall not preclude the exercise of any other provision. You acknowledge that damages may be inadequate for a breach or threatened breach, and in such event, our rights and obligations may be enforceable by specific performance, injunction, or other equitable remedy.

2.4. Severability and Waiver: If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision will be ineffective only to the extent of such invalidity, without invalidating the remainder of the Agreement. No waiver will be implied from conduct or failure to enforce rights and must be in writing to be effective.

3. Your Rights and Obligations

3.1. Linking to Our Website: You agree to create and maintain unique links from your website(s) or approved channels to the Fanteam website (fanteam.com). You may link to us using banners, text links, or other creative materials provided or approved by us. This is the only method by which you may advertise on our behalf unless otherwise agreed in writing.

3.2. Minimum Referral Requirement (Activity Clause): You must refer at least five (5) new First Time Depositors (FTDs) over any rolling 3-month period to maintain active status within the affiliate program. Failure to meet this requirement may result in your account being marked as inactive, and your Referral Commission rate may be reduced to 0% until the minimum activity threshold is met again within a subsequent rolling 3-month period. If inactivity persists, Scout & Co. Ltd reserves the right to terminate this Agreement or permanently adjust commission rates at its discretion.

A First Time Depositor (FTD) is defined as a Customer referred by you who successfully completes their first monetary deposit into their Fanteam account.

3.3. Spamming: We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you otherwise advertise our services in any unauthorized way (including, but not limited to, unsolicited emails or SMS). You shall not make any claims or representations, or give any warranties, in connection with us, and you shall have no authority to bind us to any obligations.

3.4. Domain Name Registration: Scout Gaming Group AB is the ultimate parent company of Scout & Co. Ltd and the owner of the FANTEAM brand. You shall not register (or apply to register) any domain name confusingly similar to any domain name used by or registered in the name of any member of the Scout Gaming Group (including Fanteam), or any other name that could be understood to designate Fanteam or the Scout Gaming Group.

3.5. Agency Appointment: This Agreement grants you the non-exclusive, non-assignable right to direct Customers to the Fanteam website in accordance with these terms. This Agreement does not grant you an exclusive right or privilege. You shall have no claims to Referral Commission or other compensation on business secured by or through persons or entities other than you.

3.6. Approved Layouts: You will only use our approved advertising creative (banners, mailers, text links, images, logos, etc.) provided through the affiliate platform or directly by us, and will not alter their appearance or refer to us in any promotional materials other than those approved by Fanteam. The appearance and syntax of the hypertext transfer links constitute the only authorised and permitted representation of our website.

3.7. Good Faith: You will not knowingly benefit from known or suspected traffic not generated in good faith (e.g., fraudulent traffic, bonus abuse), whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe such traffic exists. We reserve the right to withhold affiliate payments and/or suspend or close accounts where referred Customers are found to be abusing any Fanteam offers or promotions (e.g., collusion, arbitrage betting across referred accounts), whether with or without your knowledge.

3.8. Responsibility for Your Site/Channels: You are solely responsible for the development, operation, and maintenance of your website(s) and promotional channels, and for all materials that appear on them. You must ensure materials posted are not libellous, obscene, illegal, misleading, or otherwise unsuitable, and comply with all applicable laws and advertising regulations. You will indemnify and hold us harmless from all claims, damages, and expenses (including legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site(s)/channels. Opening player accounts on behalf of players, or transferring money to player accounts, is strictly forbidden.

3.9. License to Use Marks: We grant you a non-exclusive, non-transferable, revocable license, during the term of this Agreement, to use the Fanteam trade name, trademarks, service marks, logos, and any other designations ("Marks") approved by us, solely in connection with the display of the promotional materials on your approved website(s)/channels as per this Agreement. This license cannot be sub-licensed or assigned. You shall not contest the ownership of the Marks or take any action that may prejudice our rights in the Marks.

3.10. Confidential Information: During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, technology, or the Program (including Referral Commissions earned). You agree not to disclose or use such confidential information for any purpose outside the scope of this Agreement, unless required by law or with our prior written consent. This obligation survives the termination of this Agreement.

3.11. Data Protection and GDPR Compliance: You shall at all times comply with the General Data Protection Regulation (GDPR), the UK Data Protection Act, and any other applicable data protection laws in your jurisdiction(s). You act as an independent data controller for any personal data you process. You warrant you have implemented appropriate technical and organizational measures to protect personal data. You must ensure a lawful basis for processing personal data, provide clear privacy policies, and obtain valid consent for tracking technologies (e.g., cookies) where legally required. You are solely responsible for data security on your platforms and must promptly notify Scout & Co. Ltd of any relevant personal data breach.

3.12. Advertising Disclosures and Compliance: You must clearly and conspicuously disclose your commercial relationship with Fanteam in all promotional content, complying with applicable advertising standards (e.g., FTC guidelines, UK ASA/CAP Code). Disclosures (e.g., #Ad, #Affiliate) must be unambiguous and placed near the affiliate link or endorsement. You are responsible for adhering to all relevant advertising laws and guidelines in target jurisdictions, including responsible gambling requirements. Failure to comply may lead to suspension or termination.

3.13. Jurisdictional and Platform-Specific Restrictions: You shall not promote Fanteam's services in jurisdictions where online gambling or its promotion is illegal, or where Fanteam does not operate or hold necessary licenses. You must ensure your marketing complies with the laws of target countries. Unauthorized platforms or methods (e.g., spam) are prohibited. All advertising must adhere to local licensing conditions and advertising regulations.

4. Referral Commission Calculation

4.1. Referral Commission Structure:

a) Fantasy and Sportsbook: You will earn a Referral Commission based on the Net Revenue generated from Customers you refer. Commission rates are tiered based on the total monthly Net Revenue from your referrals:

  1. 25% for Net Revenue from €0 to €4,999.
  2. 30% for Net Revenue from €5,000 to €9,999.
  3. 35% for Net Revenue exceeding €10,000.

b) Net Revenue Definition (General): Net Revenue is calculated as the gross revenue generated from your referred Customers' settled bets and contest entries, less: (i) winnings paid out, (ii) promotional bonuses and loyalty rewards granted, (iii) payment processing fees, (iv) chargebacks and bad debts, (v) administration fees, (vi) applicable gaming taxes, duties, or levies imposed by authorities, and (vii) any fraudulent activity costs. Commissions are not earned on your own or related persons' activity.

c) Adjustments: We reserve the right to change Referral Commission rates and calculation methods per clause 1.4. We explicitly reserve the right to deduct applicable gaming taxes, duties, or levies from gross revenue before calculating Net Revenue.

d) Sportsbook Net Revenue: Defined as gross monies received by Fanteam from referred Customers on settled sportsbook bets, less: (1) winnings paid; (2) chargebacks; (3) betting taxes/duties; (4) bad debts/fraud; (5) returned/voided stakes; and (6) bet/deposit bonuses or promotional amounts.

5. Referral Commission Payouts

5.1. Referral Fee Payout Requests:

a) Eligibility: i) To qualify for monthly Referral Commission payments, your account must be active by meeting the Minimum Referral Requirement (clause 3.2 - at least 5 FTDs in any rolling 3-month period). ii) Inactive accounts are ineligible for commission payouts for the period of inactivity. Commissions earned during periods of inactivity may be forfeited. Reactivation requires meeting the FTD threshold in a subsequent rolling 3-month period.

b) Self-Billing Procedure: A self-billing system is established between you (the Affiliate) and Scout & Co. Ltd. By accepting this Agreement, you agree to this arrangement whereby Scout & Co. Ltd will issue invoices on your behalf for the services (referrals) provided under this Agreement. You must promptly inform Scout & Co. Ltd of any changes to your business details (name, address, VAT status, etc.). This arrangement remains effective for the Agreement's duration unless terminated or otherwise agreed in writing. You can request payment based on the valid self-billed invoice amounts shown in your affiliate dashboard.

c) Timing and Methods:

  1. Payout requests for a given month's commission can be made from the second day of the following month (UK time). Payments are typically processed by the 15th of that following month, subject to verification and eligibility.
  2. The minimum payout amount is €50 (fifty Euros) or the equivalent in your account currency. Balances below this threshold will roll over.
  3. Payments can be requested to: 1) A Fanteam player account held by you (preferred method). 2) A bank account held in your name or your registered company name via wire transfer (you are responsible for any receiving bank fees).

d) Active Referred Customer Definition: An active referred Customer, for Net Revenue calculation purposes, is one who: i) Registered via your unique referral link. ii) Made a real-money deposit. iii) Engaged in real-money betting or fantasy contest participation.

5.2. Referral Commission Payment Currency: a) Currency of Payment: Payments are made in the currency selected during your affiliate account setup (typically EUR, unless agreed otherwise). b) Currency Conversion: Commissions earned in other currencies will be converted to your payment currency using the applicable midpoint exchange rate determined by Fanteam at the time of calculation.

6. Term, Termination, Inactivity, and Unsuitable Sites

6.1. Term and Termination:

  1. Commencement: This Agreement takes effect upon notification of your successful application (clause 1.6), subject to satisfactory due diligence (clause 6.1.d).
  2. Duration: The Agreement begins upon acceptance and continues until terminated by either party as outlined below.
  3. Termination Notice: i) With Notice: Either party may terminate this Agreement for any reason by providing thirty (30) days' written notice (email sufficient). ii) Immediately for Cause: Either party may terminate immediately by written notice for: material breach, suspected fraud, violation of compliance requirements (advertising, data protection, etc.), insolvency, illegal activities, engagement in activities under clause 6.4, or if the Affiliate's site/channels are deemed unsuitable (clause 6.5).
  4. Conditional Effectiveness (Due Diligence): The Agreement's effectiveness is conditional upon successful completion of our due diligence. We aim to notify you within 2-5 business days if initial checks reveal issues preventing activation. However, ongoing monitoring occurs, and if significant risks (compliance, fraud, suitability) arise later, we reserve the right to suspend or terminate immediately.

6.2. Consequences of Termination: Upon termination: a) You must immediately remove all Fanteam links, banners, Marks, and cease all Fanteam promotions. b) Cease all use of Fanteam intellectual property. c) Return all confidential information and copies. d) All rights and licenses granted herein terminate immediately. e) Commission payments cease upon termination effective date. We reserve the right to withhold final payment if termination results from your breach, fraud, abuse, non-compliance, or actions under clauses 3.3, 3.7, 6.4, 6.6. Otherwise, eligible final commissions (above minimum payout) earned up to termination will be processed per the usual schedule.

6.3. Inactivity Clause:

a) Definition: An affiliate is inactive if they fail to meet the Minimum Referral Requirement (clause 3.2 - 5 FTDs in a rolling 3-month period).

b) Impact: i) Scout & Co. Ltd may reduce the inactive affiliate's commission rate to 0% for the inactivity duration. ii) Upon reactivation (meeting the FTD threshold subsequently), the affiliate may, at our discretion, revert to standard rates (Section 4.1) for future referrals. iii) Persistent inactivity may lead to permanent rate reduction or Agreement termination.

6.4. Fraud / Low-Quality Traffic: We may suspend or terminate your account and withhold commissions without notice upon reasonable suspicion of: a) Fraud (fake accounts, self-referrals, bonus abuse collusion, chargeback schemes, etc.). b) Traffic from illicit/deceptive means (spam, misleading ads, unauthorized IP use). c) Referring incentivised traffic (payment for sign-up/deposit) unless pre-approved in writing. d) Non-compliant traffic (violating advertising standards, jurisdictional rules, responsible gaming). e) Behaviour harmful to Fanteam's brand or violating this Agreement. Our decision is final.

6.5. Unsuitable Sites/Channels: We may terminate this Agreement if your website(s) or promotional channels are deemed unsuitable (our sole discretion). This includes content that is: a) Aimed at children/minors. b) Pornographic or illegally explicit. c) Promoting violence or discrimination. d) Promoting illegal activities or infringing intellectual property. e) Violating advertising/marketing laws or codes. f) Otherwise offensive or inappropriate.

6.6. Duplicate Accounts and Self Referrals: Opening more than one affiliate account requires our prior written consent. You shall not earn commissions on your own Fanteam player account or those of directly related persons (family, employees, associated entities) unless explicitly pre-authorised in writing. Circumvention constitutes fraud (clause 6.4).

7. Limitation of Liability

WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT. OUR OBLIGATIONS HEREUNDER DO NOT CONSTITUTE PERSONAL OBLIGATIONS OF OUR DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS. LIABILITY IS LIMITED TO DIRECT DAMAGES, SATISFIED SOLELY FROM REFERRAL COMMISSIONS.

8. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND WE MAY SOLICIT CUSTOMER REFERRALS ON TERMS DIFFERING FROM THIS AGREEMENT OR OPERATE WEBSITES SIMILAR TO OR COMPETING WITH YOURS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH HEREIN.

9. Continued Promotion

You agree to continuously maintain and prominently display the most up-to-date links/creatives provided by us on your approved website(s)/channels. You shall not alter their form, location, or operation without prior written consent. Your commission eligibility depends on your continued promotion of Fanteam per this Agreement. If you significantly reduce or cease promotion, we may: a) Reduce your commission rates (potentially to 0%). b) Treat this as triggering inactivity provisions (Section 6.3). Significant reduction or cessation of promotion may result in commission suspension or Agreement termination.

10. Relationship of Parties

We and you are independent contractors. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship. You have no authority to make or accept offers or representations on our behalf. You will not make statements contradicting this Section.

11. Indemnity

You shall defend, indemnify, and hold harmless Scout & Co. Ltd, its directors, officers, employees, and representatives from any liabilities, losses, damages, and costs (including reasonable legal fees) connected with: a) Any breach by you of any warranty, representation, or term herein. b) Your performance of duties and obligations under this Agreement. c) Your negligence or intentional misconduct. d) Misuse of our promotional materials, Marks, or the Program. e) Claims arising from the content or operation of your website(s)/channels.

12. Disclaimers

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE PROGRAM, FANTEAM, OR PAYMENT ARRANGEMENTS (INCLUDING FUNCTIONALITY, FITNESS, MERCHANTABILITY, LEGALITY, NON-INFRINGEMENT). WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION OF OUR WEBSITE OR THE AFFILIATE PLATFORM AND ARE NOT LIABLE FOR CONSEQUENCES OF INTERRUPTIONS OR ERRORS. IN CASE OF DISCREPANCY BETWEEN AFFILIATE PLATFORM REPORTS AND THE FANTEAM DATABASE, THE DATABASE IS DEEMED ACCURATE.