ONLINE CASINO & SPORTSBOOK AFFILIATE AGREEMENT
Please carefully read this Agreement in its entirety. By registering or attempting to register as an Affiliate for the Affiliate Program, you agree to be bound by the terms and conditions set out in this Agreement. You will also be required to indicate your acceptance of this Agreement on the Rush-Affiliates.com Registration Page.
This Affiliate Agreement sets out the complete terms and conditions between you (“Affiliate” or “you”) and the Rush Street Interactive subsidiary that operates in the jurisdiction in which you act as an Affiliate for Rush Street Interactive in the Affiliate Program as further described herein (each “RSI,” as applicable) for the promotion of the following brands or domains, as applicable: SugarHouse Online Casino & Sportsbook in the State of New Jersey; BetRivers in the States/Commonwealths of Colorado, Indiana, Iowa, Michigan, Pennsylvania, and Virginia; RushBet (for Colombia); and BetRivers.net and Rush Games (for free-to-play games).
1. Definitions and interpretation
- In the Agreement:
means an individual or entity having completed an Affiliate Sign-Up Form and having been accepted by RSI to participate in the Affiliate Program.
means the SugarHouse Online Casino & Sportsbook, BetRivers, Rushbet, BetRivers.net, and/or Rush Games affiliate program detailed in this Agreement and on this website. You may register for one or more of the Affiliate Programs as you desire.
means the form prepared by RSI, which represents Affiliate’s application to participate in the Affiliate Program.
means the site or sites owned and operated by Affiliate.
means this Agreement between RSI and Affiliate, and any amendments to it from time to time.
means any day excluding Saturday and Sunday on which banks are open in the State in which you have registered for the Affiliate Program.
means any repayment or refund of all or any part of a deposit paid or credited to an account on behalf of a Real Money Player made by a financial institution for any reason whatsoever (including fraud, breach of contract or duty or any claim or allegation made in connection with the offer or provision of the services and games on RSI’s Website to such Real Money Players) and any expenses, fees and/or charges applied by such financial institution in connection with any Charge Back.
means a plan for calculation of Payments as specified in Section 7.
means all information not publicly known and which is used in or which otherwise relates to RSI or any Related Company’s business, customers or financial or other affairs, including without limitation, information relating to:
- (a) the marketing of products or services (including, without limitation, customer names and lists and other details of customers, financial information, sales targets, sales statistics, market share statistics, prices, market research reports and surveys, and advertising or other promotional materials);
- (b) the Affiliate Program and future programs, business development or planning, commercial relationships and negotiations existing in whatever form; and
- (c) Intellectual Property Rights, operations, product information and/or market opportunities.
means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, hacker attacks, virus or other malicious software infections or attacks, power failures, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).
means Payments or traffic generated at RSI’s Website through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes RSI harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks, or any other activities prohibited under Section 5.2.
means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced contractor acting in good faith.
means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, moral rights, database rights, confidential information, trade secrets, know-how, business names, trade names, domain names, trademarks, service marks, passing off rights, unfair competition rights, patents, and rights in designs).
means a hyperlink (whether embedded in text or an image or otherwise) from Affiliate’s Website to RSI’s Website.
- (a) monies deducted for progressive jackpot contributions;
- (b) monies paid out to Real Money Players as winnings;
- (c) charges levied by electronic payment or credit card providers;
- (d) any amount received by RSI by means of the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means;
- (e) any amounts that are subsequently cancelled, refunded, reversed, or that constitute a Charge Back;
- (f) bad debts;
- (g) returned stakes;
- (h) "free wagers", "free chips" or "free bets" provided to Real Money Players as a promotional or marketing activity;
- (i) any Third Party Royalty which RSI or its Related Companies must pay with respect to Real Money Player wagers and/or activity on RSI’s Website. "Third Party Royalty" shall mean any royalty payment (including monies accrued against any advance or guaranteed royalty payment) or revenue share which RSI or its Related Companies must pay to a third party in order to lawfully exploit any technology or other product used from time to time on RSI’s Website;
- (j) taxes, duties and other statutory deductions or payments to governmental or gaming authorities.
means payments made by RSI to Affiliate on a monthly basis based on a selected Commission Plan.
means real time performance tracking with a unique tracking code for each affiliate, through which RSI can track Affiliate’s Real Money Players’ activities and calculate Payments.
means content, works or other materials that RSI determines, in its sole discretion, constitute:
- (a) indecent, obscene, pornographic or lewd material;
- (b) material that breaches any applicable laws, regulations or legally binding codes;
- (c) material that infringes any third party intellectual property rights or other rights;
- (d) material that is offensive or abusive, or is likely to cause annoyance, inconvenience or anxiety to another internet user;
- (e) computer viruses, spyware, trojan horses or other malicious or harmful routines, programs or software; and/or
- (f) Spam or bulk unsolicited email.
means banners, links, text links and any other promotion materials which RSI shall make available to Affiliate to refer prospective Real Money Players to RSI’s Website.
mean each visitor from Affiliate’s Website who (i) enters RSI’s Website via Links from Affiliate’s Website; (ii) provides all registration information required by RSI; (iii) successfully opens an account through RSI’s Website; (iv) successfully makes a deposit in such account; (v) places a wager through such account on RSI’s Website; and (vi) is not a pre-existing customer of RSI’s Website, as verified by RSI’s Performance Tracking code.
means each visitor from Affiliate’s Website who (i) enters RSI’s Website via Links from Affiliate’s Website; (ii) provides all registration information required by RSI; (iii) successfully opens an account through RSI’s Website; (iv) successfully makes a deposit in such account; (v) places a wager through such account on RSI’s Website; and (vi) is not a pre-existing customer of RSI’s Websites or have not signed up for a player account in a land-based casino loyalty program (e.g. Rush Rewards) operated by one of our partners/customers.
means any other person directly or indirectly controlling, controlled by, or under common control with, RSI. For purposes of this definition, “control” means the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting securities of a person, the right to receive more than fifty percent (50%) of the profits or earnings of a person, or the right to control the policy decisions of a person.
means unsolicited e-mail of a commercial nature, sent indiscriminately to multiple mailing lists, individuals or newsgroups.
means the term of the Agreement from the Effective Date until terminated pursuant to Section 13 or as otherwise permitted under this Agreement.
means the online casino accessible via the URL www.playsugarhouse.com (for SugarHouse Online Casino & Sportsbook), or any associated mobile application; the online casino accessible via the URL www.betrivers.com (for BetRivers Online Casino & Sportsbook) or any associated mobile application; the online casino accessible via the URL www.betrivers.net or www.rushgames.com (for free-to-play games) or any associated mobile application; and/or the online casino accessible via the URL www.rushbet.co (for RushBet), or any associated mobile application.