Agreement and Terms and Conditions of the Affiliate Program

I Definitions

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 1^st 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

• Affiliate's earnings are calculated every Commission period, on Revenues generated by Players by url
• Affiliate's earnings are generated only in those Commission periods where at least 30 FTD have been generated by url. No earning is generated if FTD are below the target.
• Affiliate's earnings are paid only in those Commission period where at least a minimum earnings is calculated as per Annex 2 by url.
• Affiliate's earnings are calculated on the Commission period Revenues generated from the Players who have registered after following the Affiliate link, as per annex 2.  

• If the Revenue of a Commission period is negative, it will be carried over to the following Commission period.

IV Commission Payouts

• All the monthly fees will be paid in Euros. For the purposes of calculation of the Fees derived from the Gross Gaming Revenue by url, the total amount of the monthly fees in the currency of the Territory for the respective month, will be converted into Euro by applying the exchange rate published by the online provider www.xe.com (or its successor website) on last day of the relative month.
• Payments are made within 15 working days of the following month. Payments can be done via Skrill, Neteller or Bank Transfer, only if earned funds exceeded the minimal amount as per Annex 2 required for withdrawal (the Threshold). If Earnings are below the Threshold or negative, the amount will be automatically transferred to the next month and it will repeat until it reaches the minimum threshold. Adverse balance is also transferred to the next month. Payments charge fees will be deducted.
• The Merchant has the right to delay payments to the Affiliates for the period up to 2 months in the case of unforeseen technical failures on the part of the Affiliate Programme and when required to check the Affiliate and the source of his traffic.

V Dispute Resolution Procedure

• Affiliate Program participants to the Affiliate Program can challenge any issues, and the Merchant will consider all concerns when the evidence and reasons are provided. Any complaint needs to be sent to the affiliate@betgr8.com. Complaints and requests will be reviewed within 14 days of the date of receiving the correspondence about the dispute, and the Affiliate will be notified of the outcome. The use of swear words, insults and false information in the correspondence is forbidden.

VI AFFILIATE’S RIGHTS AND OBLIGATIONS

• The Affiliate shall:

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

• During the term of this Agreement, the Affiliate may be entrusted with confidential information relating to the Merchant business, operations, or underlying technology and/or the Affiliate programme (including, for example, Revenue Share earned under the Affiliate programme). The Affiliate agrees to avoid disclosure or unauthorized use of any such confidential information to third persons or outside parties unless prior written consent and that the confidential information will be used only for purposes necessary to further the purposes of this Agreement. The obligations with respect to confidential information shall survive 2 years after the termination of this Agreement.

VIII DATA PROTECTION

• The Affiliate shall always comply with the laws and regulation pertaining to Data Protection.

IX TERM AND TERMINATION

• The term of this Agreement will begin from the approval as an Affiliate and shall continue for one (1) year (initial term).
• At the expiry of the initial term, the contract shall renew for further one (1) year period on terms to be agreed upon by both Parties.
• Notwithstanding the above provisions, either party may terminate this Agreement by notifying the other by giving THIRTY (30) days written notice of its intention to terminate the Agreement. It is hereby agreed that termination pursuant to this clause is at will, with or without reason, by either party. For purposes of notification of termination, delivery via valid e-mail address is considered a written and immediate form of notification.
• The Merchant is entitled to terminate this Agreement with immediate effect if:

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.

• Upon termination the Affiliate must remove all the banners/icons from the site and disable all links from the site to the URL. All rights and licenses given in this Agreement shall immediately terminate. The affiliate will return any confidential information, and all copies of it in his possession, custody and control and will cease all uses of the Marks.

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.

XI ASSIGNABILITY

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.

Annex 1

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.

Annex 2

Revenues are calculated by URL and commissions will be calculated by url.

Revenues will not be aggregated summing up the URLs.