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
Please Read and Print for Future Reference.
These terms were last updated in September 2016.
The William Hill Affiliates 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 (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 Sites.
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
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 Australia team.
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.
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 Operator Partner.
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 Partners.
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
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,
(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 Linking Visitors.
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
7. Cookies Policy
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 Partners
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 agreement.
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.
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
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 Site.
11. Anti-Predatory Advertising Policy
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
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.
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 Commission
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 Active Member.
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 Operator
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
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 vi, 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
vii. administration and payment processing fees.
"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
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
g) The Operator reserves the right to
recalculate commission paid in the event of an error and to require
immediate repayment of any commission overpayment.
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 funds.
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 indirectly:
(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): 2%
(iii)From Operator Partners referred to us by Tier 2 Operator Partners (Tier 3): 1%
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 month.
16. Operator Partner Rewards Programs
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.
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.
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 the other.
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 of care;
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;
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 this agreement;
iv. was independently developed by the recipient as evidenced by its records; and
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.
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 material.
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 Operator Partner.
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 Operator Sites;
ii. All rights and licenses given to you in this agreement shall immediately terminate;
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
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.
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 property rights.
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 Warranty
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
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 other party.
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
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
27. Governing Law
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
Appendix 1 – Applicable Percentage
www.williamhill.com.au – 30%