The following are the terms and
conditions governing the William Hill Affiliates Australia Program. Please read
this agreement carefully. By submitting your application, you agree and accept
the terms and conditions below.
Please Read and Print for Future Reference.
These terms were last updated in August 2017.
The William Hill Affiliates Australia Program is operated by William Hill
Australia Wagering Pty Ltd ABN 14 106 487 736, operating as William Hill,
referred to as (“the Operator”).
1. Contract with William Hill Affiliates Australia
a) By registering to become an Affiliate via the William Hill Affiliates
Australia website, you are deemed to have agreed to be bound by all the terms
and conditions set out in this agreement. Additionally, by accessing and
utilising any of the Operator Marketing Tools or accepting any reward, bonus or
commission whether contained in this agreement or elsewhere on our website, you
are deemed to have agreed to be bound by all the terms and conditions set out
in this agreement.
b) For purposes of clarity, the terms “we” and “us” refer to the Operator and
“you” and “Operator Partner” refers to the other party to the contract formed
by the acceptance of these terms and conditions.
c) This agreement provides you with the non-exclusive right to direct users (“Visitors“)
from your site or sites to www.williamhill.com.au and www.centrebet.com (together, the “Operator Sites”
and separately, the “Operator Site”), in return for the payment of
commissions and referral commission as specified below.
a) To enrol please read this agreement and then submit a complete William Hill
Affiliates Australia Program account application to us via the William Hill
Affiliates Australia website. We will evaluate your application and notify you
if your application is accepted. Your application will be rejected if we
determine, in our sole discretion, that your site is unsuitable for any reason,
including but not limited to, sites that are under construction, aimed at
children, promote sexually explicit materials, promote violence, promote
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age, promote illegal activities, contain illegal content or
violate intellectual property rights.
b) Enrolment in the William Hill Affiliates Australia Program is only available
to persons aged 18 and over.
3. Operator Partner Agreement
a) During the term of this arrangement (which shall commence on the day that we
notify you that your application has been accepted and shall end when either
you or we notify the other, by email, of the termination of this agreement),
you shall display any creative (including , but not limited to banners
and hyperlinks) provided by the Operator on your site (the “Operator
Partner Site“) to direct Visitors from the Operator Partner Site to one or
more of the Operator Sites, using distinct URLs supplied by the Operator exclusively
for linking (the “Supplied Creative“).
b) The Supplied Creative shall be displayed at least as prominently as any
other sales link on the Operator Partner Site, and if the Operator Partner
displays or makes accessible to Visitors descriptive information regarding any
other vendors whose banners are displayed on the Operator Partner Site, the
Operator Partner shall, subject to the Operator’s prior written approval of the
content thereof, include similar descriptive information regarding the Operator
c) Unless otherwise agreed in writing with the Operator, the relationship
specified in this agreement is non-exclusive for both parties; therefore, the
Operator Partner shall be entitled to display the banners of, and provide links
to, sites of other companies through the Operator Partner Site, and the
Operator shall be entitled to make the Supplied Creative available to other
parties, other than the Operator Partner Site.
d) If the Operator enters into an agreement or side letter with an Operator
Partner that is designed to be supplemental to this agreement (the “Supplemental
Agreement”), it is the obligation of the Operator Partner to ensure
they continue to comply with the William Hill Affiliates Australia Program
terms and conditions as may be in place from time to time and, in the event of
any conflict between the William Hill Affiliates Australia Program terms and
conditions and the Supplemental Agreement, the William Hill Affiliates
Australia Program terms and conditions shall prevail.
4. Account Management
a) The Operator Partner agrees to operate a single Operator Partner account. If
the Operator should discover that the Operator Partner is operating more than
one Operator Partner account, this agreement shall terminate and the Operator
Partner will forfeit all rights to commissions and referral commission.
b) Several sites may be registered to the one account, however, the placement
of any site banner on a new site, MUST be reported by the Operator Partner and
cleared by the William Hill Affiliates Australia team in advance. Failure to do
so may result in the termination of the Operator Partner’s account. The
Operator Partner will also forfeit all rights to commissions and referral
c) An Operator Partner, its officers and employees are permitted to hold a
Betting Account with the Operator, however none of these accounts will be
tagged as a ‘Linked Visitor’ to any Operator Partner Site and the Operator will
not be liable to any Operator Partner for commissions in respect of such Betting
Accounts with the Operator. A “Linking Visitor”, where referred to in these
terms, is a Visitor who has used the Operator Site, who has fist linked to the
Operator Site from the Operator Partner Site.
5. Delivery and Display of
Banners, Copy and Promotional Material
a) As an Operator Partner, you will have access to a variety of graphic and
textual links (each of these links sometimes being referred to herein as
“Links” or, individually, as a “Link”) via the William Hill Affiliates
b) The Operator hereby grants to the Operator Partner the non-exclusive,
non-transferable, non-assignable (except as provided below) right, during the
term of this agreement, to use (which shall include the right to copy,
transmit, distribute, display and perform both privately and publicly) the
Supplied Creative, the Operator name, Operator Site names, and other related
textual and graphic material as are made available by the Operator to the
Operator Partner from time to time (collectively, “the Operator Material”),
solely for the express purpose of inclusion on the Operator Partner Site in
order to advertise and promote one or more of the Operator Sites and link
through to one or more of the Operator Sites.
c) the Operator Material remains the copyright of the Operator in its entirety
and both the Operator Material and the terms of any promotions provided to the
Operator Partner shall not be modified or misrepresented in any way by the
d) the Operator also authorizes the Operator Partner to refer, in the Operator
Partner’s advertising and promotions, to the fact that one or more of Operator
Sites are accessible through the Operator Partner Site, provided that any such
i. does not include any trademarks, service marks, design marks, symbols and/or
other indicia of origin of the Operator other than the Operator Site name
and/or names in a non-distinctive typeface (specifically, not the typeface or
colour way used in the logo design of any Operator trademark);
ii. does not state, suggest, or imply, by the wording or prominence of such
statement or otherwise, that the Operator sponsors, authorises, and/or is the
source or origin of the Operator Partner Sites; and
iii. does not disparage the Operator, its products, services, or Operator
e) No other use of the Operator’s names, trademarks, service marks, design
marks, symbols and/or other indicia of origin or other designations confusingly
similar to any of the foregoing may be made by the Operator Partner for any
purpose without the prior written approval of the Operator.
f) As between the Operator and the Operator Partner, the Operator owns, and
shall continue to own exclusively, all right, title and interest (including
without limitation, all rights provided under the law of copyright and
trademark) in and to the Operator Materials and all names, trademarks, service
marks, design marks, symbols and/or other indicia of origin therein, whether
registered or unregistered throughout the world and in perpetuity, subject to
the permissions granted in this agreement. The licence to use the Operator
Materials and marks is limited to that set out in this agreement and this
licence shall be terminated immediately on termination of this agreement
between the Operator and the Operator Partner.
g) The Operator reserves the right to replace any promotional or other creative
(eg. banner, java script, text link or newsletter) with other Operator creative
that has the dimensions and size as the current promotional or other creative.
The Operator Partner will update its creative as and when the Operator replaces
the creative and the Operator Partner will promptly comply with any written or
verbal direction by the Operator to change the creative.
6. Maintaining the Links and
Marketing of the Operator Partner Site
a) You agree to fully cooperate with us in order to establish and maintain the
Links between the Operator Partner Site and one or more of the Operator Sites.
The maintenance and updating of the Operator Partner Site will be your
responsibility. The graphics and/or text associated with the Links to the
Operator Sites will be updated periodically and it will be necessary for you to
update the content of the Operator Partner Site accordingly on a regular basis.
b) Please be aware that we have the right to monitor the Operator Partner Site
at any time to determine if you are following the terms and conditions of this
agreement and to notify you of any changes that we feel must be made.
c) You agree to maintain reasonable coverage and Links on the Operator Partner
Site in order to promote Operator. The Operator may immediately terminate
this agreement, if, the Operator, in its sole discretion, deems that:
(i) the marketing of the Operator Partner Site is not sufficient; or
(ii) that the Operator Partner is failing to generate an acceptable level of
d) You are strictly prohibited from engaging in any pay-per-click or sponsored
search campaigns without prior express approval from the William Hill
Affiliates Australia team.
e) You are strictly prohibited from using paid social media targeting to market
the Operator Partner Site or from generating Visitors via paid social media
targeting, without prior written approval from the William Hill Affiliates
Australia team, such permission to include naming the particular social media
channel, the content and frequency of marketing permitted.
7. Cookies Policy
The Operator maintains 30 day expiring cookies whereby a cookie expires if a
visitor has not registered a customer account within this time. For example, if
a customer clicks through Operator Partner A and registers an account within 30
days, Partner A will get credit for the registration. If a customer
clicks through Operator Partner A and does not register an account within 30
days, the customer will not be treated as a direct customer and Partner A will
not obtain the credit for the registration.
We operate a last click policy. For example, a potential customer clicks
through Operator Partner A but does not register a customer account. On another
occasion, within 30 days of the customer first clicking via Operator Partner A,
the same person then clicks on Operator Partner B’s link and registers a
customer account with the Operator. In this case Operator Partner B will get
the credit for the registration.
8. Communication with Operator
By signing up to the William Hill Affiliates Australia Program you agree to
receive a variety of material from the Operator and it is a condition of your
participation in the William Hill Affiliates Australia Program that you
continue to receive communications from the Operator.
If you choose to opt out of our promotional communications the Operator will
not be responsible for any damages that may occur as a result of this or any
consequences this may have on this agreement or the relationship between the
Operator and the Operator Partner. Notwithstanding any opt out in
relation to our promotional communications, the Operator reserves the right to
contact you regarding your account status and other matters relevant to this
9. Anti-Spam Policy
a) Spam is defined as the sending of an electronic message, email or posting to
multiple recipients who have not specifically requested the message regardless
of its content.
b) In accordance with the Spam Act 2003 (Cth) the Operator strictly prohibits
Operator Partners from sending unsolicited mass emails or spam, whether via
email, or any other form and strictly prohibits Operator Partners from sending
out emails on behalf of the Operator or making claims of endorsements by the
c) Any Operator Partner acting in breach of this clause 9 in order to solicit
referrals will be in automatic breach of this agreement and will have his
contract with the Operator immediately terminated, all funds due to the
Operator Partner will be withheld and the Operator Partner will be legally
pursued for any resulting damages.
d) Should payment for damages, including any legal expenses incurred, not be
covered by funds in your account we reserve the right to investigate other
alternative means for obtaining payment including recourse to file a claim
against you for unpaid amounts.
e) In addition if you choose to send bulk emails with the consent of the
recipients you are obligated to:
i. include a clear and conspicuous notice that the email is an advertisement;
ii. include a clear and conspicuous notice of the option to “unsubscribe” to
further commercial email;
iii. ensure the “unsubscribe” facility is valid and functional;
iv. ensure an unsubscribe request is actioned within 5 days of receipt;
v. include a valid email and physical postal address of the sender;
vi. ensure the header information and the content of the email does not contain
false or misleading statements or material
f) The Operator may terminate this agreement immediately if you are in breach
of any of these obligations.
10. Good Faith
a) You will not knowingly benefit from known or suspected traffic not generated
using accepted Internet marketing practices whether or not it causes the
Operator harm. We reserve the right to retain all amounts due to you under this
agreement if we have reasonable cause to believe that such traffic has been
caused with your knowledge.
b) Should fraudulent activity (as assessed by us in our sole discretion), arise
from a customer directed to one or more of the Operator Sites via the Operator
Partner Site, we retain the right to retract the commissions paid to you at any
time in respect of that customer and to apply any costs associated with dealing
with any fraudulent transactions to you. Our decision in this regard will be
final and no correspondence will be entered into.
c) Any attempt at fraudulent activity by the Operator Partner including using
or providing for use any unauthorised bonus codes or unauthorised creative
material and any other act which the Operator determines is being used to
collect fraudulent commissions shall result in this agreement being terminated
immediately and all commissions or fees payable shall be forfeited.
d) You will be solely responsible for ensuring that material posted on the
Operator Partner Site is not libellous, does not infringe a third party’s
intellectual property or is not otherwise illegal. Further you will indemnify
and hold us harmless from all claims, damages and expense (including legal
fees) relating to the marketing and contents of the Operator Partner
11. Anti-Predatory Advertising
a) No Operator Partner will replace, intercept, interfere, hinder, disrupt or
otherwise alter in any manner the web users online access, view or usage of, or
other aspect of the web users online experience at any Operator Partner webpage
in a manner that causes or otherwise results in a different experience from
what was intended by such Operator Partner.
b) No Operator Partner will block, alter, direct or redirect, or substitute,
insert or append itself to, or otherwise intercept or interfere in any manner
with, any click-through or other traffic-based transaction that originated from
an Operator Partner webpage (including without limitation any return visit to
the Operator to which such click-through or other traffic reached or intended
to reach) with the result of reducing compensation or other payment earned by
or owing to an Operator Partner or increasing any payment obligation of the Operator
with respect to any individual transaction.
c) Operator Partners will be removed from the William Hill Affiliates Australia
Program and forfeit any pending commissions if they are utilising or
distributing software downloads that potentially enable diversions of
commission from other Operator Partners in our program.
12. Duplication of Operator Site and Content
You are forbidden from creating a site that copies, resembles the look and feel
or duplicates the content of any of the Operator Sites, or otherwise creates
the impression that the Operator Partner site is one of the Operator Sites.
13. Commission and Referral
a) Subject to clause 13 (f), you shall be entitled to a commission for the term
of this agreement equal to the Applicable Percentage of Customer Net Revenue,
derived from any settled transactions from Visitors who have used one or more
of the Operator Sites who first linked to that or those Operator Sites from the
Operator Partner Site (“Linking Visitors“) for as long as you remain an
To remain an Active Member:
i. you are required to refer no less than 4 new depositing players in any
rolling 12-month period of the William Hill Affiliates Australia Program and
the clients must be in good standing;
ii. you are required to promote the Operator on your website throughout the
term of this agreement. To earn commission in relation to any of the
Operator Sites you must maintain a reasonable level of coverage of that
Operator Site on your website. Removal of all Operator promotional
material from your website will signify your immediate termination as an
b) ” Customer Net Revenue” is defined as the total of the gross bets less
winnings paid out (calculated solely with reference to the Operator’s system
data) derived from any real transaction with a Linking Visitor in which revenue
is paid or credited to the Operator in respect of all the
Operator Sites, less:
i.chargebacks and discretionary returns;
ii.bad debts or fraudulent transactions;
iii. promotional bonuses and rebates;
iv. betting adjustments;
v.GST payable on Customer Net Revenue ;
vi. relevant share of fees payable by the Operator to the Northern Territory
Racing Commission in respect of the Operator’s sports bookmaking licence;
vii.any fees, levies or taxes payable by the Operator to an Australian
Governing Sporting Body in respect of bets placed.
For the purposes of this Clause 13(b)vii, Australian Governing Sporting Body
means any organisations charged with the administration of Thoroughbred Racing,
Harness Racing, Greyhound Racing, Rugby League, Australian Rules, Cricket,
Tennis, Golf, Netball and Soccer throughout Australia;
viii. fees paid to Lottoland Australia Pty Limited in respect of any Planet
Lottery bets placed; and
ix. administration and payment
c) “Applicable Percentage” is
defined as the percentage, as set out in Appendix 1, of Customer Net Revenue
over $1.00, calculated monthly, for the service during the month in which the
Customer Net Revenue was derived.
d) The Operator will pay any commission payable within 20 business days after
the close of the month.
e) Where the Operator allows bets placed on a credit account to be included in
Customer Net Revenue, the Operator in its absolute discretion shall be entitled
to withhold commission for those credit clients if the Visitor has not paid the
amounts owing to the Operator or if the Operator reasonably believes there is a
likelihood that there will be chargebacks on the Visitor’s account.
f) If a Visitor does not place a bet or make a deposit for a period of 12
months, they will cease to be a Visitor for the purposes of this agreement and
you will no longer be eligible to receive commission in the event that
the client recommences betting.
g) The Operator reserves the right to recalculate commission paid in the event
of an error and to require immediate repayment of any commission
h) The Operator reserves the right to amend commission structures without prior
notice. Notification will be made to you in writing if such a change occurs.
a) A chargeback refers to any uncollectible Customer Net Revenue that is a
result of uncollectible funds from credit/debit cards as a result of customer
non-payment or unauthorised 3rd party credit card use, a Visitor wagering using
a credit account and any amount of the balance is not recovered and is written
off as a bad debt or rebate and/or where the Visitor has illegally obtained the
b) A chargeback originating from a Visitor referred from an Operator Partner
will be deducted from the accumulated revenue generated by the Operator Partner
for the chargeback period. This amount will be forfeited and deducted from the
total balance due to the Operator Partner for the pay period.
c) Should this amount exceed the current amount due, your balance will revert
to a negative, and you will have to work your way back to zero before you can
start earning revenue again.
d) The Operator reserves the right to apply any costs associated with dealing
with any fraudulent transactions to the Operator Partner.
15. Referral Commissions
You shall be entitled to a referral commission calculated as set out
below, with respect to monthly total Customer Net Revenue generated by Visitors
who arrive from other Operator Partners that you refer to us directly or
(i) From Operator Partners referred to us directly (Tier 1): 3%
(ii)From Operator Partners referred to us by Tier 1 Operator Partners (Tier 2):
(iii)From Operator Partners referred to us by Tier 2 Operator Partners (Tier
All amounts are expressed in AUD. The Operator shall pay the Operator Partner
all amounts due for the month within 20 business days following the close of
the month. The Operator Partner balances with less than $75 outstanding will be
withheld until such time as the balance exceeds $75 at the end of any given
16. Operator Partner Rewards
a) From time to time the Operator may offer rewards programs to Operator
Partners. To participate, you must be an active Operator Partner in good
standing with the Operator. The Operator Partners participating in any reward
program agree to be bound by the decision of the Operator, which will be final
and binding in all respects.
b) The Operator reserves the right to terminate any and all Operator Partner
rewards programs for any reason, including, but not limited to, if for any
reason the rewards program is not capable of running as planned or if the
administration, security, fairness, integrity, or proper conduct of the rewards
program is corrupted or adversely affected, including by reason of infection by
computer virus, bugs, tampering, unauthorized intervention, fraud, technical
failures, or any other causes beyond the Operator ‘s control. The Operator
reserves the right to cancel, terminate, modify or withdraw the rewards program
without prior notice and without liability to the Operator Partner.
c) All taxes, fees, and surcharges, if any, on rewards are the sole
responsibility of the prize winner. Acceptance of a prize constitutes permission
for the Operator and its advertising and promotional agencies to use the
recipients name, photograph and/or likeness for advertising and promoting and
publicising the services of the Operator in any medium without compensation,
unless otherwise prohibited by law.
d) The Operator Partners release and hold harmless the Operator and their
respective Operator Partners, subsidiaries, directors, officers, agents,
employees, and all others associated with the development and execution of the
reward program from any and all liability with respect to or in any way arising
from the reward program and the awarding, use or misuse of the prize, including
liability for damage to property including damage to the Operator Partner’s or
any other person’s computer.
17. Confidential Information
a) As used herein, “Confidential Information” shall mean all oral or written
information, of whatever kind and in whatever form, relating to past, present
or future products, software, research, development, inventions, processes,
techniques, designs or other technical information and data, and marketing
plans (including such information of third parties that a party hereto is
obligated to hold as confidential), provided that such information has been
reasonably identified as or could be reasonably considered to be proprietary or
confidential, that either party:
i. may have received prior to the date of this agreement, whether directly from
the other or indirectly from third parties; or ii. may receive hereunder from
b) Each party agrees that, with respect to its receipt of Confidential
Information of the other party, it shall:
i. use the same care and discretion to prevent disclosure of such Confidential
Information as it uses with similar Confidential Information of its own that it
does not desire to disclose, but in no event with less than a reasonable degree
ii. accept such Confidential Information and use such Confidential Information
only for the purposes permitted hereunder; and
iii. restrict disclosure of Confidential Information solely to those of its
employees and agents who have a need to know and are obligated not to disclose
such Confidential Information to any third parties.
c) The foregoing restrictions shall not apply to information that:
i. is or hereafter becomes part of the public domain through no wrongful act,
fault, or negligence on the part of the recipient;
ii. the recipient can reasonably demonstrate is already in its possession and
not subject to an existing agreement of confidentiality;
iii. is received from a third party without restriction and without breach of
iv. was independently developed by the recipient as evidenced by its records;
v. the recipient is required to disclose pursuant to a valid order of a court or
other governmental body; provided, however, that the recipient shall first have
given notice to the disclosing party and shall give the disclosing party a
reasonable opportunity to interpose an objection or obtain a protective order
requiring that the Confidential Information so disclosed be used only for the
purposes for which the order was issued. The termination of this section 17
shall survive the termination of this agreement.
a) The Operator Partner acknowledges that Operator does not advocate or endorse
the purchase or the use of any services offered by Operator through the
Operator Sites or through its software, nor does it guarantee the quality,
fitness, or results of any such service or compliance with any law or
regulation. The Operator represents and warrants that:
i. The Operator has the right to enter into this agreement and to grant the
rights and licenses granted herein; and
ii. The Operator’s software, and the reproduction, distribution, transmission,
public performance and public display of the Operator Materials as permitted
herein, do not: 1. invade the right of privacy or publicity of any third
person; or 2. contain any libellous, obscene, indecent or otherwise unlawful
b) The Operator Partner represents and warrants that:
i. the Operator Partner has the right to enter into this agreement;
ii. the Operator Partner site does not, and the reproduction, distribution,
transmission, public performance and public display of the Operator Partner
Site as permitted herein, do not: 1. invade the right of privacy or publicity
of any third person, 2. contain any libellous, obscene, indecent or otherwise
unlawful material, or 3. infringe any patent, copyright or trademark right in
any jurisdiction; and 4. the Operator Partner has received no notice of such
invasion, violation or infringement of rights.
c) The Operator Partner will indemnify the Operator within 14 days of demand
with respect to any and all losses, demands, claims, damages, costs, expenses
(including but not limited to consequential losses and loss of profit, legal
costs and expenses) and liabilities suffered or incurred directly or
indirectly, by the Operator in consequence of a breach of this Agreement by the
19. Term and Termination
a) The term of this agreement will begin when you link to one or more of the
Operator Sites and will be continuous unless and until either party notifies
the other in writing that it wishes to terminate the agreement, in which case
this agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY
REASON, BY EITHER PARTY.
b) For purposes of notification of termination, delivery via e-mail is
considered a written and immediate form of notification.
c) Upon termination:
i. You must remove the Supplied Creative and any additional material supplied
by the Operator from your site and disable any links from your site to the
ii. All rights and licenses given to you in this agreement shall immediately
iii. You will be entitled only to those unpaid fees and commission, if any,
earned by you on or prior to the date of termination. You will not be entitled
to fees and commissions occurring after the date of termination and will cease
to earn commission on the revenue of Visitors referred to the Operator.
iv. If you have failed to fulfil your obligations and responsibilities or have
acted in breach of this agreement, we will not pay you the fees otherwise owing
to you on termination and you will cease to earn commission on the revenue of
Visitors referred to the Operator.
v. We may withhold your final payment for a reasonable time to ensure that the
correct amount is paid.
vi. If we continue to permit activity (generation of revenue) from customers
after termination, this will not constitute a continuation or renewal of this
agreement or a waiver of termination.
vii. You will return to us any confidential information and all copies of it in
your possession, custody and control and will cease all uses of any trade
names, trademarks, service marks, logos and other materials of the Operator.
viii. You and we 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 which by their nature are designed to survive
termination, as set out in this agreement. Termination will not relieve you
from any liability arising from any breach of this agreement, which occurred
prior to termination.
d) The Operator may from time to time review the Operator Partners’
participation in the program. The Operator may choose to cancel an Operator
Partner’s participation in the program in its sole discretion, if it reasonably
believes the Operator Partner to have behaved in such a manner contrary to the
terms or intent of the program.
e) Unsuitable sites may include those that: are aimed at children, promote
sexually explicit materials, promote violence, promote discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or age,
promote illegal activities, contain illegal content or violate intellectual
f) WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION)
THAT YOUR SITE IS UNSUITABLE.
20. Risk Allocation
Neither party will be liable to the other party (nor to any person claiming
rights derived from the other party’s rights) for incidental, indirect,
consequential, special, punitive or exemplary damages of any kind, including
lost revenue or profits, loss of business, or loss of data, arising out of this
agreement (including without limitation as a result of any breach of any
warranty or other term of this agreement), regardless of whether the party
liable or allegedly liable was advised, had other reason to know, or in fact
knew of the possibility thereof.
21. Acknowledgement of No
Except as expressly provided herein, neither party warrants that their
respective websites will perform in the manner expected or without
interruption, error, or defect, or that any revenue to either party will result
from the activities contemplated by this agreement. Except as expressly set
forth in this agreement, neither party makes any warranties of any kind,
express or implied, including warranties of ability or fitness for a particular
purpose or warranties against infringement of any intellectual property rights
not specifically enumerated.
Except as otherwise provided herein, the Operator Partner may not assign this
agreement or any of its rights or delegate any of its duties under this
agreement, without the prior written consent of the Operator. Any purported
assignment or delegation without such required consent shall be null and void.
23. Independent Contractors
The Operator and the Operator Partner are independent contractors under this agreement,
and nothing herein shall be construed to create a partnership, joint venture,
or agency relationship between the Operator and the Operator Partner. Neither
party has the authority to enter into agreements of any kind on behalf of the
It is the Operator Partner’s responsibility to declare taxes from their
Operator Partner income, according to their country’s regulations. An
institutional bank located in Australia issues the Operator Partner payments;
therefore, the Operator will not issue any forms relating to this matter.
No waiver of any breach of any provision of this agreement shall constitute a
waiver of any prior, concurrent or subsequent breach of the same or any other
provisions hereof, and no waiver shall be effective unless made in writing and
signed by an authorised representative of the waiving party.
The Operator may modify any of the terms and conditions set forth in this
agreement by posting the modified terms and conditions on the Operator Site at:
http://affiliates.williamhill.com.au/ or at another site it chooses.
Modifications may include, for example, changes in the scope of available
referral fees, fee schedules, payment procedures and referral 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 ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE`.
27. Governing Law
This agreement shall be governed and construed in accordance with the laws of
the Northern Territory, in the Commonwealth of Australia. Each party to this
agreement irrevocably submits to the jurisdiction of the Northern Territory
Courts in respect of any dispute or matter arising from this agreement.
Appendix 1 – Applicable Percentage
William Hill Sports/Racing – 30%
William Hill Planet Lottery – 30%