Agreement and Terms and Conditions of the Affiliate Program
Affiliate Program – the affiliate advertising programme of the Merchants, managed via the Platform.
Affiliate – a webmaster (an individual or a company) that meets the conditions of the Affiliate Program of the Merchant, and delivers new customers to the site, the Players,, promoting the Merchant products.
Affiliate Account - the Affiliate Account hold by the Affiliate on the Platform.
Merchant(s) – the companies and/or operators operating in one or more territories through the Brand as listed in annex 1, that allow customers to place bets on sporting events, Casino, Virtual through its website via the URL.
Brand - Betgr8
Commission Period: period of 1 month, from 1st day of the month, to last date of the month.
Earnings – an amount, earned by an Affiliate as a commission from the Revenue generated by the players brought by that Affiliate in a Commission Period for each url.
FTD - First Time depositors, any Player that makes a minimum first deposit as per and generates a minimum stake on any product as per Annex 2
Payout– a transfer of the Affiliate's earnings from the Affiliate Account to an account in an external payment system.
Payment Period– a time period during which an Affiliate’s earnings become available for withdrawal to external payment systems;
Players – the end users who have registered on the specific URL, after following an Affiliate link , with at least 1 transaction.
Platform – the system that tracks new visitors to a website, calculate Revenue share , Earnings, and make payouts.
Revenue’– total amount of a player's stakes less their winnings, bonus and freebet winnings, and any applicable betting duty by specific url.
Promotional Materials – a set of tools for the online promotion of Betgr8.com betting products.
Territories –the territories where these Terms and Conditions are applicable, the betting products are offered and where Affiliate Agreement is legally enforced.
Url -the one or the ones advertised by the affiliate among: Betgr8.com/int , betgr8.com/ng. , betgr8.com/ke
II - Affiliate Agreement
1. Prior to joining the Affiliate Program as an Affiliate, you undertake to read, understand and accept this Agreement and the Terms and Conditions of the Affiliate Program.
2. The Terms and Conditions of the Affiliate Program may change. In this event the Affiliate will be notified by email. The Merchant is entitled to make amendments to the existing Terms and Conditions. The existing Terms and Conditions are the Terms and Conditions displayed on the Affiliate Program website at the moment. Should the terms of the Affiliate Program be amended, Affiliates will be notified by the email address provided by them at the time of registration.
3. Only persons over 18 years of age can participate in the Affiliate Program.
4. An Affiliate is fully responsible for the safety of their personal data including username and password. The Merchant Affiliate Program bears no responsibility for the loss of personal data.
5. The Merchant is entitled to decline any Affiliate application to join the Affiliate Program, and the Merchant is under no obligation to explain the reason for the rejection.
6. Affiliates will be provided with visual promotional materials (without text). Affiliates are allowed to use the website information in a variety of ways as per the Merchant guidelines.
7. Affiliates are not permitted to use unsolicited email (spam) and Click-under and Pop-under ads for the Url advertising without prior approval from the Affiliate Program team. Affiliates are not permitted to use contextual advertising containing the Brand name, or to create websites, whose domain names contain the Brand name. It is also not permitted to create websites, whereby the main content is nothing more than SEO-optimized articles, with the primary purpose of acquiring branded traffic from search engines. In the event such sources of traffic are identified, the Affiliate’s Account will be closed and all the earnings will be cancelled. Affiliates may only target end users resident in the Territory.
8. The use of 'cookie stuffing' techniques by Affiliates is prohibited:
- the opening of the URL website in iframe with sides of zero length or in an invisible zone;
- adding tags, cookie scripts and other similar actions.
Should an Affiliate violate these Terms and Conditions, their Affiliate account will be blocked and deleted.
9. Only one registration in the Affiliate Program is allowed per participant. Repeat registration as a sub-affiliate is strictly forbidden.
10. An Affiliate is prohibited to register their personal player account with the Merchant via their own affiliate link. Affiliates are also prohibited from colluding with other players.
11. The Merchant reserves the right to stop cooperation with any affiliate at its sole discretion and without notice.
12. If the Affiliate does not comply or breaches any part of this Program, the Merchant may close the Affiliate’s account(s) and take other legal actions or any other legal measures to protect its own interests.
III Referral Commission
IV Commission Payouts
V Dispute Resolution Procedure
VI AFFILIATE’S RIGHTS AND OBLIGATIONS
1. create and maintain unique links from its affiliate-site(s) to the URL or urls
2. market and bring new customers to the URL or URLs at its own expense
3. take full responsibility for its own actions and the possible risks
4. ensure that the affiliate-site(s) do not contain and will not contain any material that is discriminatory, abusive, libelous, illegal or in any way inappropriate
5. not actively market to under-aged persons i.e., persons below the age of 18 years, or offer gambling in an environment that is directed to children and youths
6. will not be directing marketing outside the Territory of the URL advertised, and to any regions or countries where gambling and its marketing is illegal or prohibited.
2) Spamming: The Merchant will terminate this Agreement immediately without recourse for the Affiliate if there is any form of spamming or if the Affiliate advertise our services in any other way that is contrary to the regulations and laws of Kenya. The Affiliate shall not make any claims or representations, or give any warranties, in connection with us and the Affiliate shall have no authority to, and shall not, bind us to any obligations.
3) Registration of Domain Names: The Affiliate shall also refrain from registering (or applying to register) any domain name similar to the Brand or that could be mistaken for it
4) Bidding on Brand Terms: The Affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to the Merchant’s trademarks or otherwise include the Brand or variations thereof, or include metatag keywords on the Affiliate Site which are identical or similar to any of the The Merchant’s trademarks or any of its products, promotions or hashtag names.
5) By this Agreement, the Affiliate is granted the non-exclusive, non-assignable, non-transferable right to direct Customers to any of our URL in accordance with the terms and conditions of this Agreement. This Agreement does not grant the Affiliate an exclusive right or privilege to assist the Betting Company in the provision of services arising from the Affiliate referrals, and the Merchant obviously intends to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as the Affiliate’s. The Affiliate shall have no claim to Commission or other compensation on business secured by or through persons or entities other than the Affiliate.
6) Responsibility for The Affiliate’s Site: The Affiliate will be solely responsible for the development, operation, and maintenance of the Affiliate’s site and for all materials that appear on the Affiliate’s site. For example, the Affiliate will be solely responsible for ensuring that materials posted on the Affiliate’s site are not libelous or otherwise illegal. Further, the Affiliate will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly out of the development, operation, maintenance, and contents of the Affiliate’s site.
7) License to use Marks: the Affiliate is hereby granted a non-exclusive, non-transferable license, during the term of this Agreement, to use the Brand’s trade name, trademarks, service marks, logos, and any other designations, which may from time to time be approved ("Marks") solely in connection with the display of the promotional materials on the Affiliate’s site. This license cannot be sub-licensed, assigned or otherwise transferred by the Affiliate. The Affiliate’s right to use the Marks is limited to and arises only out of this license. The Affiliate 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 rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. The Affiliate must notify us immediately if the Affiliate become aware of the misuse of the Marks by any third party.
VII CONFIDENTIAL INFORMATION
VIII DATA PROTECTION
IX TERM AND TERMINATION
1. determines (in its sole discretion) that the Affiliate site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children below 18 years, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.
2. the Affiliate opens more than one affiliate account without prior written consent.
3. if the Affiliate earns commission on his own or related person's Player account.
X GOVERNING LAW
The laws of Cyprus will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Kenya and the Affiliate irrevocably consents to the jurisdiction of its courts.
The Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the Affiliate and the Merchant and its respective successors and assignors.
The Affiliate may promote one or all url, according to the territory he wants to target . The Revenues and related commissions will be calculated by url.
Revenues are calculated by URL and commissions will be calculated by url.
Revenues will not be aggregated summing up the URLs.