THE PROGRAM

DraftKings Refer-a-Friend Program (the "Program") allows you, our valued customer, to receive rewards for players that you refer to play on DraftKings.

These terms and conditions ("Terms" and/or "Agreement") apply to, and govern, your participation in the Program, including how you can market and promote the Program. In addition to the Terms, all Program activity is governed by the applicable DraftKings Daily Fantasy Sports Terms of Use, or the DraftKings Sportsbook Terms of Use (together the "TOU") and applicable Daily Fantasy Sports Privacy Notice or the DraftKings Sportsbook Privacy Notice (together the "Privacy Notice"), depending if you are a Daily Fantasy Sports or a Sportsbook user, which you previously agreed to when you registered an account on DraftKings. As detailed in the TOU, you agreed to, among other things, certain provisions regarding intellectual property, confidentiality, disclaimer of warranties, limitation of liability, and, requiring any claim, controversy, or dispute relating to your use of DraftKings.com (the "Website") (including this Program) to be resolved by non-class arbitration.

ACCEPTANCE AND MODIFICATIONS TO THE TERMS OF THE PROGRAM

Every time you ("you" or "your") refer-a-friend or otherwise participate in the Program, you agree to be bound by the Terms that were linked to the Program Site at such time. A new binding agreement between you and DraftKings is created each time you refer-a-friend, or otherwise participate in the Program. Therefore, every time you refer-a-friend, or otherwise participate in the Program, you should read these Terms carefully.

DraftKings reserves the right to update, modify, or cancel the Program, this Agreement or any part thereof at any time without notice. You will be bound by such amended terms after such changes are posted at the Program Site and you refer-a-friend or otherwise participate in the program. Therefore, we encourage you to visit the Program Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued participation in the Program shall be deemed to attest to your agreement to any amendments to the Agreement.

You confirm that you have read the Agreement, have had an opportunity to consult with your own legal advisors if so desired, and agree to all of its terms and conditions. You confirm that you have independently evaluated the desirability of participating in the Program and you are not relying on any representations, guarantee or statement other than as set forth in this Agreement or any other marketing materials.

DEFINITIONS APPLICABLE TO THE PROGRAM

The definitions set forth in the DraftKings' Terms of Use and Privacy Notice are incorporated by reference. In addition, the following definitions apply to this Agreement:

"DFS Minor" shall mean any individual under eighteen (18) years of age; provided, however, that Minor shall mean (i) any individual under nineteen (19) years of age who is a legal resident of Alabama or Nebraska, or (ii) any individual under twenty-one (21) years of age who is a legal resident of Massachusetts.

"DK Dollars" shall mean the promotional Daily Fantasy Sports currency that can only be used to enter contests on DraftKings. DK Dollars do not have a cash value and do not expire.

"Referred Friend(s)" shall mean any person you refer to DraftKings via the Program that meets the following criteria: the person (i) does not have a prior existing account on the Website (either a pre-existing Daily Fantasy Sports account or a pre-existing Sportsbook account); (ii) accesses DraftKings directly through a Link (as defined below); (iii) successfully registers a new user Account; (iv) deposits money into his/her account pursuant to the rules of the applicable Reward upon deposit (Sportsbook Referred Friends must be physically located in the State of New Jersey to complete their deposit); (v) complies with these Terms and DraftKings TOU in all respects.

"DFS Reward(s)" shall mean the applicable Daily Fantasy Sports promotion that is live at the time that your Referred Friend makes his or her initial money deposit.

"Link" shall mean a unique URL link provided to you by DraftKings that you must use to direct people to the Website to become a Referred Friend.

"Player(s)" shall mean any person using any products or Services on our Websites whether attached to your Link or not.

"Program Site" shall mean the applicable referral site located at https://www.draftkings.com/refer-a-friend for Daily Fantasy Sports referrals and http://sportsbook.draftkings.com/refer-a-friend for Sportsbook referrals.

SB Minor” shall mean any individual under twenty-one (21) years of age.

"SB Reward(s)" shall mean the applicable Sportsbook promotion that is live at the time that your Referred Friend makes his or her initial money deposit. SB Rewards are capped at $2500 per referring user per calendar year.

ELIGIBILITY

All registered Players are eligible to participate in the Program provided that you have an active account and are in good standing, and that you comply with these Terms, the TOU, and Privacy Notice.

INVITATION OPTIONS

The Program offers several ways to invite friends to play on the Website. All options are detailed on the Program Site. All options incorporate the use of a Link, which tracks the invitations you will be sending, as well as the performance status of your Referred Friend(s). Referred Friends will only be credited to you if the Referred Friend(s) create a DraftKings account after clicking on a Link and successfully makes a deposit. All Links are available and detailed on the Program Site. If a Player signs up without using a Link, DraftKings will not manually give you credit for the friend.

You shall receive the DFS Reward if you send a referral Link from the Daily Fantasy Sports referral page and the Referred Friend registers from that Daily Fantasy Sports referral Link and deposits, regardless if they make their first deposit on the Daily Fantasy Sports website or the Sportsbook website. You shall receive the SB Reward if you send the referral Link from the Sportsbook referral page and the Referred Friend registers from that Sportsbook referral Link and deposits, regardless if they make their first deposit on the Daily Fantasy Sports website or the Sportsbook website. Your Referred Friend will receive the Refer a Friend Reward based on where they make their first deposit, regardless of if you sent them a Link from the Daily Fantasy Sports referral page or the Sportsbook referral page.  You shall only be eligible for one (1) total Reward per Referred Friend.  For example, if a Referred Friend successfully registers for and deposits into a Daily Fantasy Sports account, you receive a refer-a-friend reward, and the Referred Friend later signs up for and successfully deposits into a DraftKings Sportsbook account, you will not receive another refer-a-friend reward.  You shall not receive either a SB Reward or DFS Reward if your Referred Friend already has an account on either the Daily Fantasy Sports website or the Sportsbook website.

REWARDS FOR REFERRED PLAYERS WHO REGISTERED ON THE WEBSITE AFTER JULY 12, 2016

For those Referred Friend(s) that registered on the Website after July 12, 2016, you are only eligible for Rewards if the Player you referred meets all eligibility requirements of a Referred Friend.

FREE BET RESTRICTIONS

Free bets may be awarded from time to time as the SB Reward under this Refer-a-Friend Program.  Bonus stake of the free bet is non-refundable and is not included in any returns or winnings. This means that if the free bet wins, the original free bet stake is not returned to the user; only the profit will be credited. For example purposes only, if a $5 free bet is placed on even odds and wins, only the profit of $5 will be credited to the applicable account.  Failure to claim the free bet within thirty (30) days will void the award.  Free bet is not redeemable for cash, non-transferable and cannot be combined with any other offers/promotions.

COMMISSION FEES FOR DAILY FANTASY SPORTS REFERRED PLAYERS WHO REGISTERED ON THE WEBSITE BEFORE JULY 12, 2016

The Commission structure ("Commission") in this section only applies to those Referred Friends who properly registered on the Website prior to July 12, 2016. Subject to the minimum referral requirement set forth below, the Commission payable to you will be calculated on a calendar month basis in accordance with the following Commission structure:

MONTHLY NET REFERRAL REVENUE**

RATE

$0 - $2000

25%

$2001 - $5000

30%

$5001

35%

** Subject to the minimum referral requirement set forth below

Terms applicable to only this Commission structure:

  1. "Net Referral Revenue" shall mean the revenue generated through the Program less an administrative fee to cover promotional or retention bonuses, "charge-backs", any fraudulent activity, and a proportion of deposit and withdrawal transaction fees.
  2. Commission: The Commission is subject to a maximum of $1,000 per Referred Friend(s) per calendar month. All Commissions are paid out in DK Dollars. DraftKings will credit your user Account for Commissions earned through the Program by the 15th day of the subsequent calendar month. Any Commission balance below $10.00 will be carried forward into the next calendar month until such requisite minimum is met.
  3. Minimum Referral Requirement: You must acquire a minimum of two (2) new Referred Friends within any thirty (30) day period in order to qualify for the Commission structure above (the "Threshold"). Failure to meet the Threshold shall result in a reduction of the commission rate on Net Referral Revenue from all Referred Friends. The Commission rate will be permanently reduced to a flat twenty-percent (20%) in any period in which the Threshold is not met. Furthermore, if you fail to acquire a minimum of four (4) new Referred Friends over a six (6) month period, we reserve the right to terminate your active Referred Friends without notice.
  4. Player Tracking: You understand and agree that potential Referred Friends must register through using your Links in order for you to receive Commissions. In no event is DraftKings liable for your failure to use or erroneously use Links. Notwithstanding any other provision contained herein, we may at any time, and in our sole discretion, alter our tracking system and reporting format.
  5. Inactive Players: Players that have not entered into any Contests for more than nine (9) months will be deemed inactive and will no longer be counted towards your Commission.

ADDITIONAL TERMS APPLICABLE TO EVERYONE

  1. Revealing Referred Friend's Account Data: By agreeing to participate in the Program, you and the Referred Friend agree to share data regarding the level of contest activity being disclosed by DraftKings to one another as appropriate, for the purpose of the Program only.
  2. Use of friend's email address: Your friends' email addresses will only be used for this offer and will not be used for any other marketing solicitations or sold to third parties. If, and when, your friend becomes a Referred Friend (as defined above) he or she will then be subject to the Privacy Notice.
  3. Player Information and Data: We reserve the right to refuse service to any potential Player and to close the Account of any Player, at any time, in our sole discretion. All data relating to the Players shall, as between you and us, remain our exclusive property and you acquire no right to such information except pursuant to our express written instructions.
  4. Payment Hold for Fraud or Violations of Terms and/or Terms of Use: If, in our sole discretion, we suspect any fraud or violations of Terms or the TOU, we may delay payment of the Commission or Reward(s) to you for up to one-hundred and eighty (180) days while we investigate and verify the relevant players and transactions. We are not obligated to pay Commission and/or Reward(s) to you for when you and/or your Referred Friend(s) commits fraud or otherwise violate these Terms or the TOU.
  5. Money Laundering: You shall comply with all applicable laws, and any policy notified by us through our Website or otherwise, in relation to money laundering and/or the proceeds of crime.
  6. Taxation: All taxes due in connection with any payments to you are your sole liability. You are solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. It is the policy of this program, and in compliance with United States Internal Revenue Service regulations, that we may send an IRS Form 1099-MISC or other appropriate form to any affiliate who earns Commission and/or Rewards greater than $600 (USD) in any given calendar year. Depending on the jurisdiction in which you reside, the Program may also send you W-9 and/or additional tax forms, which are required to receive Commission payments and/or Rewards. We reserve the right to withhold (from your existing Account balance) any amount required to be withheld by law or until requested information and forms are received.
  7. FTC Compliance; Marketing Activities and Responsibilities:

    You are solely responsible and liable for the content and manner of your referral marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations and laws, including any laws in relation to the content and nature of any advertising or marketing, (such as the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission (the "FTC Guidelines")), and otherwise comply with the terms of this Agreement. For the avoidance of doubt, and without limiting your other legal and regulatory compliance obligations pursuant to this Agreement, you shall include a disclosure statement (as required by the FTC Guidelines as well as any other disclosures that may be provided by DraftKings) within all pages, blogs, posts, or social media posts where Links for our Program are posted. This disclosure statement should be clear, conspicuous, and concise, stating that you may be compensated for referring potential Referred Friends to us.

    You shall not yourself, nor shall you authorize, assist or encourage any third party to:

    • Offer directly or indirectly to any player, person or entity any consideration, reward, rebates, incentives, discounts or any other benefit for using our Links to access DraftKings.com with the intent of returning a proportion of the players contest fees paid. Offering such reward schemes are strictly prohibited and will be considered as a breach of this Agreement;
    • Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person;
    • In any way alter, modify, redirect, interfere, suppress, or substitute the operation of any button, link, or other interactive feature of DraftKings.com;
    • Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the site;
    • Register as a Player or make deposits to any player Account (directly or indirectly) through your Link for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the Commission fees and/or Rewards payable to you, to meet your minimum acquisition requirements or in any other way attempt to defraud us;
    • Promote DraftKings and/or our Contests as or to illegal gambling, adult content, or as a warez/hacker site, or promote, advertise DraftKings and/or our Contests on any illegal gambling, adult content or warez/hacker sites, or otherwise link to any illegal gambling, adult or warez/hacker sites. Such adult content sites contain content that includes, without limitation, nudity, pornography, or sexually explicit or adult-related materials;
    • Promote DraftKings and/or our Contests to DFS Minors or DraftKings Sportsbook offerings to SB Minors or any individual enrolled in a college or university either directly or indirectly via distribution methods or media that could reasonably be considered to target DFS Minors or SB Minors (as applicable) or any individual enrolled in a college or university;
    • Implement any technique or technology that posts or serves any advertisements or promotional content around or in conjunction with the display of our websites (e.g., "framing" or pop-up windows);
    • Use any form of unsolicited commercial e-mail (SPAM);
    • Violate of the terms of service of, or Abusing, social media websites such as Facebook, Twitter, Instagram, Craigslist, MySpace, or any and all others in connection with your marketing activities (for purposes hereof, "Abuse" shall mean spamming, sending any unsolicited mass mailing or instant messaging, using social media websites for commercial purposes);
    • Seek to purchase or register (or purchase or register) any keywords, search terms or other identifiers that include the word "DraftKings" or variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service; Promote DraftKings and/or our Contests in a profane, obscene or unlawful manner. In addition, you shall not promote DraftKings and/or our Contests in any manner that could be reasonably construed as damaging to DraftKings; or
    • Promote any deposit bonus or incentivize referrals without explicit written permission from DraftKings.
    • 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 Commission fees and/or Rewards otherwise payable to you under this Agreement and/or terminate this Agreement.
  8. Relationship of Parties: There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.
  9. Assignment: Affiliate may not under any circumstances sublicense, assign (by operation of law or otherwise) or otherwise transfer this Agreement or any license or any right, duty or obligation under this Agreement without DraftKings' prior written consent, and any attempt to do so shall be null and void. Subject to the foregoing limitations, this Agreement will mutually benefit and be binding upon the parties, their successors and assigns.
  10. Waiver; Severability: A failure or delay by either party to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement. Any waiver by either party of any right under this Agreement shall not constitute a waiver of such right in the future. If any provision or portion of this Agreement is held to be unenforceable or invalid, the remaining provisions and portions shall nevertheless be given full force and effect, and the parties agree to negotiate, in good faith, a substitute valid provision which most nearly affects the parties' intent in entering this Agreement.
  11. Force Majeure: Excluding the payment of money, neither party will be deemed in default of any obligation hereunder nor be liable for any failure or delay in performance which results directly or indirectly from any cause beyond its reasonable control, including without limitation, "Acts of God," delays or failures in the Internet or related carriers and third-party equipment, acts of civil or military authority, strikes, fire, theft, delays by suppliers, or action or inaction by the other party or any third party.
  12. Governing Law: This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of laws. Application of the U.N. Convention of Contracts for the International Sale of Goods is expressly excluded.
  13. Entire Agreement: These Terms constitute the entire agreement between you and DraftKings and cannot be modified by you, and, supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement. To the extent that this Agreement conflicts or is inconsistent with the TOU or Privacy Notice, the TOU and Privacy Notice shall control.

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 commission fees otherwise payable to you under this Agreement and/or terminate this Agreement

We reserve the right to change or cancel the Program at any time without prior notice.

All activity is governed by the applicable DraftKings Terms of Use and our stated Privacy Notice.

Last Updated: September 18, 2018