Agreement and Terms and Conditions of the Affiliate Program
I Definitions Affiliate Program – the affiliate advertising programme of the Merchants, managed via a Platform. Affiliate – a webmaster (an individual or a company) that meets the conditions of the Affiliate Program of the Merchants, and delivers new customers to the site, the Players, promoting the Merchants 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. FTD - First Time depositors, any Player that makes a first deposit of minimum 100 naira and generates a stake on any product of at least 100 naira. 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 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. Promotional Materials – a set of tools for the online promotion of Betgr8.com betting products Territories –the territories where the Merchants operate, 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 II.1 Acceptance of the Agreement II.2 Amendments II.3 Eligibility II.4 Account Security II.5 Right to Refuse Applications II.6 Use of Materials II.7 Marketing Restrictions II.8 Prohibited Technical Manipulations
Any attempt to manipulate tracking, attribution or player identification shall be deemed fraudulent. All related commissions shall be voided and the Affiliate Account permanently terminated. II.9 One Account Rule II.10 Prohibition of Self-Referral II.11 Right to Terminate Without Notice II.12 Breach and Suspected Breach II.13 Identity Verification II.14 Automated or Fraudulent Traffic II.15 Separate Agreement with Each Merchant II.16 No Cross-Liability Between Merchants II.17 Merchant-Specific Payment Responsibility II.18 Currency Conversion (Exchange Rate)
III Referral Commission III.1 Affiliate's earnings are calculated every Commission period, on Revenues generated by Players according to the Scheme in Annex 2. III.2 Affiliate's earnings are generated only in those Commission periods where at least 30 FTD have been generated. No earning is generated if FTD are below the target. III.3 Affiliate's earnings are paid only in those Commission period where at least the minimum earnings is calculated. III.4 Affiliate's earnings are calculated on the Commission period Revenues generated from the Players who have registered after following the Affiliate link, as follows:
IV Commission Payments IV.1 All the monthly fees will be paid in Euros. For the purposes of calculation of the Fees derived from the Gross Gaming Revenue, 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. IV.2 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 of NAIRA 50,000 required for withdrawal (the threshold). If Earnings are below NAIRA 50,000 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. IV.3 The Merchant may delay payments for up to 90 days where required to conduct compliance checks, fraud investigations, AML/CTF verification, or traffic-quality reviews. During this period, the Merchants may suspend or freeze all pending balances.
V Dispute Resolution Procedure V.1 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 VI.1 The Affiliate shall:
VI.2 Spamming: The Merchants 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 the Territory. 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. VI.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 VI.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 Merchants’ 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 Merchants’ trademarks or any of its products, promotions or hashtag names. VI.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 Merchant 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. VI.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. VI.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. VI.8 Affiliate Due Diligence Requirements: the Merchants reserve the right, at its sole discretion, to conduct full Due Diligence on any Affiliate whose cumulative invoiced amount exceeds the equivalent of five hundred Euro (500,00 Euro). Such Due Diligence may include, without limitation, verification of corporate documents, identification of directors, shareholders and UBOs, assessment of business operations, and compliance checks. Failure to provide the requested documents may result in suspension of payments and/or termination of the Affiliate relationship. VI.9 The Affiliate must ensure that all traffic is genuine, organic, and compliant. The Merchant may review traffic quality at any time. Any traffic deemed low-quality, unverifiable, misleading, incentivized, or inconsistent with the expected behavioral patterns of genuine Players may be disqualified at the Merchants’ discretion, and related commissions voided. VII CONFIDENTIAL INFORMATION VII.1 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 VIII.1 The Affiliate shall always comply with the laws and regulation pertaining to Data Protection. The Affiliate consents to the Merchants’ use of device fingerprinting, behavioral analytics, IP tracking, and fraud-prevention technologies for the purpose of detecting irregular activity.
IX TERM AND TERMINATION IX.1 The term of this Agreement will begin from the approval as an Affiliate and shall continue for one (1) year (initial term). IX.2 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. IX.3 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. IX.4 The Merchants are entitled to terminate this Agreement with immediate effect if:
IX.5 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 X.1 The laws of the Territory will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in the Territory 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. |
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