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It is important that you read and understand the contents of these terms and conditions. By indicating your acceptance of these terms and conditions and continuing with your application to join our affiliate programme, you are agreeing (subject to our approval of your application) to the terms and conditions below. If you do not agree with the terms and conditions (or are not authorised to do so) you should not continue with your application. You should be the owner of, or acting on behalf of the owner of the website that is signing up for this affiliate programme. If you have any questions regarding our affiliate programme, please click here to contact us.

1. This Document

1.1 This document (the "Agreement") sets out the terms and conditions between Paddy Power Isle of Man Limited ("Paddy Power", "we", "us" or "our" as applicable) and you (the person who applied for this programme using the online application form)("you" or "your"), in relation to your application to setup an affiliate account (and membership of the affiliate programme if your application is deemed successful) to promote the websites currently situated at www.paddypower.com, www.paddypowerpoker.com, www.paddypowercasino.com, www.paddypowergames.com and www.paddypowerbingo.com (each and all such websites (as applicable, depending on the products you are signed up to promote) to be referred to hereinafter as the "Paddy Power Sites") and the creation of internet hyperlinks from your website(s) (your "Site") to the Paddy Power Sites (the "Links").

1.2 This Agreement supersedes all previous terms and conditions for our affiliate programme.

1.3 We reserve the right to change any part of this Agreement at any time. Notice of any changes will be given by message to your email address 7 days in advance of any such changes but it is ultimately your responsibility to check these terms and conditions regularly. Your continued participation in our affiliate programme after we have posted the changes will constitute binding acceptance of such changes. The latest modification of the terms and conditions will be stated at the end of the document.

2. Acceptance

2.1 By filling in the application form and ticking the check box at the end of the same form you are requesting membership to our affiliate programme and are agreeing to the terms and conditions set out in this Agreement. The application form will form an integral part of this Agreement.

2.2 We will in our sole discretion determine whether or not your application has been successful. Our decision is final and is not open to appeal. If your application is rejected, you may reapply after a period of 30 days has elapsed.

2.3 We will notify you by email if your application has been successful with instructions as to what you must do to include the Links on your Site.

3. Promoting the Paddy Power Sites

3.1 Throughout the term of this Agreement, you shall:
3.1.1 prominently incorporate and continually display the most up-to-date Links provided to you by Paddy Power on your Site and you shall not alter the form, location or operation of the Links without Paddy Power's prior consent.
3.1.2 provide Paddy Power with all data and information (including, but not limited to, passwords) at no charge to Paddy Power to enable Paddy Power to monitor your Site to ensure you are complying with these terms and conditions.
3.1.3 maintain your Site in an appropriate manner and contact us if you are changing design or layout or adding material that may influence our opinion as to whether you are a suitable affiliate partner.
3.1.4 ensure that you do not place any Links on pages of your Site aimed at persons under the age of 18 years.

3.2 Throughout the term of this Agreement, you shall not:
3.2.1 place the Links on websites other than your Site as specified in your application form without Paddy Power's prior written consent.
3.2.2 offer any incentives, special benefits or consideration to any person or third parties for using the Links on your Site to access the Paddy Power Sites (including, without limitation, payment of money).
3.2.3 read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity;
3.2.4 modify any of the Links;
3.2.5 engage in transactions of any kind on the Paddy Power Sites on behalf of any third party, or authorise, assist, or encourage any other person or entity to do so;
3.2.6 take any action that could reasonably cause any end user confusion as to our relationship with you, or as to the site on which any functions or transactions are occurring;
3.2.7 other than providing the Links on your Site in accordance with this Agreement and any promotion contemplated by clause 3.2.10, post or serve any advertisements or promotional content promoting the Paddy Power Sites;
3.2.8 attempt to artificially increase monies payable to you by Paddy Power;
3.2.9 attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on any website that participates in our affiliate programme. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement.
3.2.10 If you contact any of your users to promote the Paddy Power Site or the Links, you shall make clear in the body of any such communication that such communication is made without the knowledge or involvement of Paddy Power and that any complaint that the relevant user may wish to make should be addressed to you and not Paddy Power.

3.3 You shall at all times comply with the Data Protection Acts 1988 and 2003 and the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 and any other related or similar legislation and you shall indemnify on demand and hold harmless us from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Paddy Power in consequence of any breach by you this of obligation.

3.4 You shall inform users of your Site, that tracking technology will be installed on their hard drive when he/she clicks on the Links. You shall provide users with the opportunity to reject the installation of such tracking technology in accordance with Regulation 5 of the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003.

3.5 You may not purchase or register keywords, search terms or other dentifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of Paddy Power's trade marks or trade names that include the word "Paddy Power" or any variation thereof. However, this does not extend to the use of metatag keywords on your site which are identical or similar to any of Paddy Power's trade marks or trade names including the term Paddy Power.

3.6 Neither you nor your direct relatives are eligible to become Customers and you shall not be entitled to any share of Net Revenue or any other remuneration from Paddy Power in relation to such relatives or friends. Direct relatives in this context shall include your spouse, partner, parent, child or sibling.

3.7 You shall indemnify on demand and hold harmless us from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Paddy Power in consequence of any breach by you of clause 3.5 or 3.6.

4. Paddy Power's Obligations

4.1 PP will provide you with the Links in flash, animated gif and text formats (and occasionally in other formats), which may include Links containing affiliate IDs and which may be modified by us from time to time.

4.2 Subject to your complying with Paddy Power's instructions with regard to tracking customers accessing the Paddy Power Sites via the Links on your Site, Paddy Power shall use all reasonable endeavours to ensure that whenever a customer links to the Paddy Power Sites through these Links and they subsequently place a bet or otherwise transact with Paddy Power, the relevant customer is identified as originating from your Site. However, Paddy Power shall not be liable to you in any way if Paddy Power is unable to identify a customer as originating from your Site.

4.3 Paddy Power shall be entitled to exercise any of its rights or fulfil any of its obligations hereunder (including without limitation its payment obligations pursuant to clause 5) through any company within the Paddy Power Group (as defined below).

5. Payments

5.1 Paddy Power shall pay you (in accordance with the provisions of clause 5.4) the currently published percentage (as detailed on the commission page of your Paddy Power Affiliate account) of Net Revenues (as defined below) received during the term of the Agreement. Other target based payments may be introduced by Paddy Power from time to time in relation to some or all of the Paddy Power Sites either in addition to or in place of the above Net Revenue based payment. Any such payments will be detailed on the commission page of your Paddy Power Affiliate account.

5.2 "Net Revenues" shall mean all gross monies received by Paddy Power from Customers through the Paddy Power Site less all of the following: (i) monies paid out to Customers as winnings; (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) or other statutory deductions or payments to licensing authorities including without limitation the licensing charges of the British Horse Racing Board; (iii) charges levied by electronic payment or credit card organisations; (iv) bad debts; (v) monies attributed to fraud; (vi) returned stakes; (vii) provisions for transactions which are reversed by instruction from the card-holder's bank (commonly referred to as charge-backs); (viii) any monies received from Customers who bet with Paddy Power via a platform owned or operated by a third party; (ix) the cost of 'free bets' or 'free chips' provided to Customers as a promotional or marketing activity; and (x) any Third Party Royalty which any member of Paddy Power must pay in respect of any Customers. "Third Party Royalty" shall mean any royalty or revenue share which Paddy Power must pay to a third party in order to lawfully exploit any technology or other product used from time to time on the Paddy Power Site. "Customers" shall mean visitors from your Site who enter the Paddy Power Site via the Links and who provide registration information to Paddy Power (including without limitation the provision of a valid email address) and for whom Paddy Power opens an account and such visitor places a bet with Paddy Power and is not at that time an existing customer of Paddy Power or any other company within the Paddy Power Group. For the purposes of this Agreement, the "Paddy Power Group" shall mean Paddy Power's ultimate holding company and all subsidiaries of such holding company, as such expressions are defined in Section 155 of the Companies Act 1963.

5.3 Paddy Power shall provide you with statements accessible through the website at "www.paddypartners.com" (the "Paddy Partners Website") detailing the number of Customers and the revenues generated by those Customers, if any, which have accrued to you over the course of the calendar month. Such statements shall be updated daily. At the end of a calendar month, Paddy Power shall record your total share of Net Revenues, if any, during the previous calendar month. In the event that a revenue share in any calendar month is a negative amount, Paddy Power shall be entitled but not obliged to carry forward and set off such negative amount against future revenue shares which would otherwise be payable to you. However Paddy Power shall also be entitled but not obliged to zero the negative balance that would otherwise be carried forward. If a revenue share does not exceed €75, or currency equivalent, Paddy Power shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the revenue share (including such carried forward sum) exceeds €75, or currency equivalent, at which time payment shall be made in accordance with clause 5.4. For the avoidance of doubt, you will only receive a payout when there is a positive balance and it is greater than €75, or currency equivalent, in any given month.

5.4 Unless otherwise agreed in writing, at the end of a calendar month, the relevant revenue share payable by Paddy Power to you shall be automatically raised and paid out (in accordance with clause 5.3) within 60 days of the end of the relevant calendar month. Such revenue share shall be paid in either pounds sterling or Euro, inclusive of VAT if applicable, at Paddy Power's discretion.

5.5 If an error is made in the calculation of your share of the revenue share, Paddy Power reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by Paddy Power to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time).

5.6 All payments shall be made inclusive of VAT, if applicable. You shall be responsible for discharging all other duties, fees, excises or tariffs. You must notify us without delay should there be any change in your VAT status.

5.7 You shall indemnify on demand and hold harmless us from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Paddy Power in consequence of any breach by you of clause 5.6 or as a result of your VAT status being different from that notified to us.

5.8 Net Revenues received in currencies other than Euro shall be converted in accordance with Paddy Power's standard currency exchange policy.

6. Licence to use Marks

6.1 We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use the Paddy Power intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your Site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

7. Warranties

7.1 Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licences granted in this Agreement and to perform all of its obligations under this Agreement.

7.2 You represent, warrant and undertake that your Site shall contain no material which is defamatory, pornographic, unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third party rights and shall not link to any such material.

8. Disclaimer

Paddy Power makes no claims that the Paddy Power Sites will be uninterrupted or provide an error free service and will not be liable for the consequences of any such errors or interruptions.

9. Indemnity and Liability

9.1 You shall indemnify on demand and hold harmless us from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Paddy Power in consequence of any breach, non-performance or non-observance by you of any of your obligations or warranties under this Agreement.

9.2 Nothing in this Agreement limits or excludes Paddy Power's liability for death or personal injury due to its negligence or for liability arising under any other law.

9.3 Paddy Power shall not be liable to you in contract, tort, or otherwise (including liability for negligence) for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.

9.4 The liability of Paddy Power shall not, in any event, exceed the sum of the total monies paid by Paddy Power to you over the 12 month period preceding the date on which such liability accrued.

10. Termination

10.1 This Agreement shall commence on the date that Paddy Power notifies you that your application to join the Paddy Power affiliates programme has been successful and shall continue until terminated in accordance with this clause.

10.2 This Agreement may be terminated forthwith by either party on written notice to the other party if the other party is in material breach of the terms of the Agreement and, in the event of a breach capable of being remedied, fails to remedy the breach within 15 days of receipt of notice in writing of such breach.

10.3 Either party may terminate this Agreement forthwith on written notice if a receiver, examiner or administrator is appointed of the whole or any part of the other party's assets or the other party is struck off the Register of Companies in the jurisdiction where it was incorporated or an order is made or a resolution passed for winding up of the other party (unless such order or resolution is part of a voluntary scheme for the reconstruction or amalgamation of that party as a solvent corporation and the resulting corporation, if a different legal person, undertakes to be bound by this Agreement).

10.4 Either party may terminate this Agreement on delivery of one weeks' prior written notice to the other party.

10.5 Termination of this Agreement shall not prejudice any rights of any party which may have arisen on or before the date of termination.

11. General

11.1 This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes all previous agreements and understandings between the parties with respect to its subject matter.

11.2 If either party fails to pay by the due date any amount payable by it under this Agreement, the other party shall be entitled but not obliged to charge simple interest on the overdue amount, from the due date up to the date of actual payment, at the rate of 2% per cent per annum above the base rate for the time being of Allied Irish Banks Plc.

11.3 You shall not assign or sub-contract any of your rights and/or obligations under this Agreement without Paddy Power's prior written consent.

11.4 No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.

11.5 If any provision of this Agreement is held to be void or unenforceable in whole or part, the impugned provision (or part thereof) shall be deemed to be deleted from this Agreement and the remaining provisions (including the remainder of the affected provision) shall continue to be valid and applicable.

11.6 Any notice given or made under this Agreement to Paddy Power shall be by email to affiliates@paddypower.com. Paddy Power shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to Paddy Power.

11.7 During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of Paddy Power and/or the Paddy Power affiliate programme. You agree to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless you have Paddy Power's prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with regard to confidential information shall survive termination of this Agreement.

11.8 This Agreement shall be governed by and construed in accordance with the laws of Ireland and each party submits to the exclusive jurisdiction of the Irish Courts for the resolution of disputes hereunder.

Last updated at 12.00 pm on 2 May 2007.