To be an authorized affiliate of FanDuel.com, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the FanDuel.com service as an affiliate. By signing up for the FanDuel.com affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the FanDuel Affiliate Program (the "Program"). As used in this Agreement, "we", "us", or "our" means FanDuel or any of our affiliate companies, as the case may be, and "you" means the applicant. "FanDuel.com Site" means the site that has its primary home page identified by the URL www.FanDuel.com, and "site" means a World Wide Web site. "Your Site" means the site that you listed in your Program application and on which you will place our ads to link to the FanDuel.com Site.
1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via the FanDuel.com Site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (at our sole discretion) that Your Site is unsuitable for the Program. Unsuitable sites include but are not limited to those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- otherwise violate intellectual property rights.
By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and Your Site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
2. Links on Your Site
Once you have been notified that Your Site has been accepted into the Program, we will provide you with the appropriate ads that you may add to Your Site.
We will provide you with guidelines and graphical artwork to use in linking to the FanDuel.com Site home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between Your Site and the FanDuel.com Site. You must ensure that each of the links between Your Site and the FanDuel.com Site properly utilizes such formats. Links to the FanDuel.com Site placed on Your Site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Affiliate Links." You will earn referral fees only with respect to activity on the FanDuel.com Site occurring directly through Affiliate Links; we will not be liable to you with respect to any failure by you to use Affiliate Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
In addition, you acknowledge that we may crawl or otherwise monitor Your Site for the purpose of ensuring the quality and reliability of Affiliate Links on Your Site (for example, to detect links that are broken or non-functional, links to products that are out of stock or otherwise unavailable, etc.). Therefore, you agree that we may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring (and that we may use technical means to overcome any methods used on Your Site to block or interfere with such crawling or monitoring).
Further, you acknowledge and agree that you will: (a) use any data, graphics, images, text, or other information obtained by you from us or the FanDuel.com Site in connection with this Agreement ("Content") only in a lawful manner and only in accordance with the terms of this Agreement; (b) not modify or alter any Content that consists of a graphic image, other than to resize it; (c) not edit any Content that consists of text, other than to shorten its length; (d) not sell, redistribute, sublicense or transfer any Content; (e) not use any Content in a manner intended to send sales to any site other than the FanDuel.com Site; and (f) promptly delete any Content that is no longer displayed on the FanDuel.com Site or that we notify you is no longer available for your use.
3. Order Processing
We will process enrollments submitted by subscribers who follow Affiliate Links from Your Site to the FanDuel.com Site. We reserve the right to reject enrollments that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of enrollment and fulfillment. We will track payments made by those who use Affiliate Links from Your Site to the FanDuel.com Site and will, from time to time, make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.
4. Referral Fees
We will pay you (in accordance with Section 5 below) referral fees for customers who enroll via the Affiliate Links from Your Site to the FanDuel.com Site. For a payment to be eligible to earn a referral fee, the customer must click-through an Affiliate Link from Your Site to the FanDuel.com Site, and enroll in a game. We will only pay referral fees on eligible enrollments, and then, only after payment has occurred, and there has been no subsequent cancellation.
You may not purchase enrollments during sessions initiated through the links on Your Site for your own use, for resale or commercial use of any kind. This includes enrollments to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (at our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Affiliate Links on Your Site to access the FanDuel.com Site (e.g., by implementing any "rewards" program for persons or entities who use Affiliate Links on Your Site to access the FanDuel.com Site); (b) 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; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the FanDuel.com Site; (d) make any orders or subscription requests, or engage in other transactions of any kind on the FanDuel.com Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (f) post or serve any advertisements or promotional content around or in conjunction with the display of the FanDuel.com Site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action; (g) attempt to circumvent the referral fee schedule or artificially increase your referral fees (e.g. by intentionally featuring, purchasing or requesting or encouraging any third party to purchase enrollments offered on the FanDuel.com Site (as determined by us) for the purpose of exceeding any referral fee threshold); (h) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program; or (i) seek to purchase or register any keywords, search terms or other identifiers that include the word "FanDuel" or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. 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 referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
5. Referral Fee Schedule
For enrollments sold on the FanDuel.com Site during sessions initiated through Affiliate Links on Your Site, you will earn (subject to the other terms of this Agreement) commissions outlined below, based on the Net Revenue generated from your referred customers for their lifetime.
Net Revenue Generated- Commission Rate -
<$2000 - 25%
$2001-$5000 - 30%
$5001+ - 35%
Net Revenue is defined as revenue generated through the affiliate program less any promotional bonuses applied to accounts, "rake back" revenue, "charge-backs" or fraudulent activity.
"Rakeback" - affiliates may not earn commissions on revenue driven through their own play.
6. Referral Fee Payment
We will pay you referral fees on a monthly basis. Approximately 10 days following the end of each calendar month, we will send you a payment via PayPal for the referral fees earned. We will accrue and withhold referral fees until the total amount due is at least $50.00. Payment for amounts over $250 can be requested by check.
7. Policies and Pricing
Customers who become customers of FanDuel.com through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and enrollments will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for enrollments under this Program in accordance with our own pricing policies. Prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular game.
8. The Relationship
You may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
9. Limited License
We grant you a nonexclusive, revocable right to use the graphic image and/or text we will provide you and such other text or images for which we grant express permission, solely for the purpose of identifying Your Site as a Program participant and to assist in generating enrollments. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our trademark guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
10. Responsibility for Your Site
You will be solely responsible for the development, operation, content and maintenance of Your Site and for all materials that appear on Your Site. For example, you will be solely responsible for:
* the technical operation of Your Site and all related equipment
* the accuracy and appropriateness of materials posted on Your Site
* ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
* ensuring that materials posted on Your Site are not libelous or otherwise illegal
We disclaim all liability for these matters and for any matter relating to Your Site. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Your Site and/or your breach of this Agreement.
11. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from Your Site, all links to the FanDuel.com Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on qualified enrollments from Your Site that occur during the term, and referral fees earned through the date of termination will remain payable only if the related enrollments are not canceled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the FanDuel.com Site (or on a page that is about the Program). Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE FANDUEL.COM SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this Section.
14. Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF FANDUEL AND THE AFFILIATE LINKS AND YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. FANDUEL, THE AFFILIATE LINKS AND YOUR PARTICIPATION IN THE PROGRAM ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER FANDUEL NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, MAKES ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING FANDUEL AND THE OTHER FANDUEL SITES, THE AFFILIATE LINKS OR THE PROGRAM, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH FANDUEL AND THE OTHER FANDUEL SITES OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF. WE HEREBY DISCLAIM ON BEHALF OF OURSELVES AND ALL OUR INFORMATION PROVIDERS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. ANY LIABILITY OF FANDUEL, ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS, OR CONTRACTORS, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE OF DELIVERY OF MERCHANDISE, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR UNLAWFUL USE OF FANDUEL'S RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF TOTAL REFERRAL FEES PAID TO YOU UNDER THIS AGREEMENT. IN NO EVENT SHALL FANDUEL, ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, CONSULTANTS OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, (INCLUDING LOSS OF REVENUE, PROFITS OR DATA), ARISING OUT OF THIS AGREEMENT OR THE PROGRAM AND/OR OUT OF THE USE OR INABILITY TO USE FANDUEL, THE AFFILIATE LINKS AND/OR THE OTHER FANDUEL SITES OR FOR ANY BREACH OF WARRANTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU WILL NOT HOLD FANDUEL RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH FANDUEL AND/OR THE OTHER FANDUEL SITES, INCLUDING, WITHOUT LIMITATION, THOSE WITH WHOM FANDUEL CONTRACTS TO OPERATE VARIOUS PORTIONS OF FANDUEL AND/OR THE OTHER FANDUEL SITES AND THOSE TO WHOM FANDUEL PROVIDES LINKS TO FOR CONTENT, ADVERTISING OR ANY OTHER TYPE OF DATA OR INFORMATION.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the FanDuel.com Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
16. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States and the state of California, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
I Agree to the FanDuel.com Affiliate Agreement Terms and Conditions.