1. Introduction:
1.1. Welcome to the Bettabets Affiliate Programme, an Affiliate Programme managed by “Bettabets”;
1.2. The terms and conditions specified below constitute an agreement between Bettagaming Mpumalanga (Pty)Ltd (“Bettabets”) and the affiliate as described in Annexure A hereto (“Affiliate”).
1.3. These terms and conditions constitute a binding contract between the Affiliate and Bettabets and govern the Affiliates’ participation in the Bettabets Affiliate Programme (“Bettabets AP”).
1.4. By participating in the Bettabets AP, the Affiliate consents to be bound to the most up-to-date version of these Terms and Conditions. The Affiliate may access the most up-to-date version of these Terms and Conditions on the Bettabets AP website, which is https://www.xxxxxxxx/terms.
1.5. It is the Affiliate’s obligation to keep up to date with the most recent version of the Terms and Conditions. Affiliate’s consent to the most up-to-date Terms and Conditions is confirmed by way of their continued participation in the Bettabets AP. Should the Affiliate not agree with any changes to the Terms and conditions, the Affiliate shall be entitled to terminate its participation in the Bettabets AP as detailed in the Bett your only alternative is to terminate your participation in the Programme in accordance with the termination procedures on our website above.
2.1. In this Agreement:
2.1.1. Clause headings are for convenience and are not to be used in its interpretation.
2.1.2. Unless the context indicates a contrary intention, an expression which denotes:
2.1.2.1. any gender includes the other genders.
2.1.2.2. a natural person includes a juristic person and vice versa.
2.1.2.3. the singular includes the plural and vice versa.
2.1.3. References to clauses, schedules, annexes, and sections are, unless otherwise provided, references to clauses, schedules, annexes, and sections of this Agreement.
2.1.4. Cross-references to clauses in a specific schedule, annex or section shall be a cross-reference to clauses in such schedule, annex or section unless specifically stated otherwise.
2.1.5. When any number of days is prescribed, the number of days shall be calculated on the basis that the first day is excluded and the last day is included, provided that Saturdays, Sundays, and South African public holidays shall be excluded from the calculation.
2.1.6. Any reference to an enactment contained in the Agreement is to the enactment as at the Effective Date of this Agreement, and as amended or re-enacted from time to time.
2.1.7. Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
2.1.8. Terms other than those defined within the Agreement will be given their plain English meaning, and those terms, acronyms, and phrases known in the information and communication technology industry will be interpreted in accordance with their generally accepted meanings.
2.1.9. Use of the words "includes" or "including" means ‘includes without limitation’ or ‘including without limitation’ and the use of these or similar words shall not be limited to the meaning of the general words.
2.1.10. Any reference to "days" shall be construed as being a reference to calendar days unless qualified by the word "Business”.
2.1.11. A reference to a Party shall include the permitted successors and assigns of that Party.
2.1.12. Any notice required to be given by either Party to the other Party in terms of this Agreement shall, unless otherwise provided herein, be in writing.
2.1.13. Any consent, approval and/or authorisation required to be obtained by one Party from the other Party shall not be unreasonably withheld or delayed. Any consent, authorisation and/or approval between the Parties shall, unless otherwise specifically stated, be in writing and signed by duly authorised persons on behalf of each Party.
3.1. In this Agreement the following expressions and words have the meanings assigned to them and derivative expressions and words will have a corresponding meaning:
3.1.1. Affiliate Site (s): means a website which is owned or operated by the Affiliate and used for the purposes of generating online traffic and referrals to Bettabets.
3.1.2. Affiliate Unique Customer Code: means a tracking code provided to the Affiliate by Bettabets for the purposes of tracking Customers referral movements.
3.1.3. Affiliate: means a natural or juristic person who has registered and is accepted by Bettabets to participate in the Programme.
3.1.4. Approved Marketing Campaign: means any lawful marketing material conducted in compliance with these Terms which have been approved in writing by an authorized Bettabets representative.
3.1.5. Approved Marketing Material: means Banners, URLs, text, graphics and/or other promotional materials made available for marketing purposes through the Programme Portal.
3.1.6. Bettabets AP: means the Bettabets Affiliate program;
3.1.7. Bettabets Marks: means without limitations, the trade name Bettabets, Trademarks whether registered or not, logos owned by Bettabets or its affiliated companies and /or licensors.
3.1.8. Bettabets Programme Portal: means the website used by Bettabets to manage the Programme.
3.1.9. Bettabets Website: means the site operated by Bettabets which the affiliate shall direct traffic to the website in order to earn the referral commission in accordance with the Terms.
3.1.10. Chargebacks Charges: means where the customer, a credit card issuing bank, or any other third-party payment solution provider effects a reversal of charges in relation to a credit card or purchase transaction of the customer.
3.1.11. Confidential Information: means any information of whatever nature, which has been, or will be, provided by Bettabets, whether oral, in writing, or in electronic form, including, without limitation, financial data, know-how, processes, reports, customer schedules, Commission structure reports, and any other materials and /or documents containing, reflecting, or generated from any such information; including but not limited to any other information designated as confidential or proprietary by a authorised Bettabets representative.
3.1.12. CPA: means cost per acquisition generated by the affiliate in terms affiliate agreement to earn a fee commission.
3.1.13. Deductible Costs: means any third-party costs incurred by Bettabets in connection with the operation of the Bettabets Website which are attributable to the activity of the Customers, including but not limited to any payment processing charges, license fees, royalties, and other applicable third-party payments.
3.1.14. Fraud Costs: means any costs, damages or loss arising as a direct or indirect result of Fraudulent Activity.
3.1.15. Fraudulent Activity: means a deceptive act or omission which is, in the sole discretion of Bettabets, performed in order to secure a real or potential, unfair or unlawful advantage; or any conduct that Bettabets, in its sole discretion, determines to be fraudulent, deceptive or dishonest, which shall include, but shall not be limited to, fraudulent credit card transactions, Chargebacks, Match Betting, false or automated account creation and any collusion or cheating by an Affiliate or a customer.
3.1.16. Gross Win (Sports & Casino): means the total revenue generated by Bettabets as a result of all wagers placed by a referred New Customer, less pay-outs. For Sports, this is the total revenue from settled bets placed by referred New Customers, less pay-outs.
3.1.17. Incentivised Traffic: means traffic or customer activity generated as a by-product of promising some form of compensation or incentive for taking an action on, or in relation to, any Bettabets Site, including but not limited to registering a new account, depositing, or wagering.
3.1.18. Intellectual Property: means trademarks, service marks, trade names, logos, designations, copyrights, trade secrets, patents and any other proprietary rights owned by or licensed to Bettabets, or any other member of the Bettabets Group.
3.1.19. Match Betting/Arbitrage Betting: means any method of betting or wagering which is intended to give players a guaranteed win with no risk, including but not limited to the use of free bets.
3.1.20. Net Revenue: means Gross Win, less Progressive Contributions (progressive games only), less bonuses awarded, less Non-Cash Items, less Fraud Costs, less Deductible Costs and Applicable Taxes.
3.1.21. Non-Cash Items: means value of free credits or cash handed out to customers, or any other direct costs incurred to maintain the loyalty of a customer (e.g. the cost of a gift to a customer).
3.1.22. POPI ACT: means sets out the minimum standards regarding accessing and 'processing' of any personal information belonging to another. The Act defines 'processing' as collecting, receiving, recording, organizing, retrieving, or the use, distribution or sharing of any such information.
3.1.23. Progressive Contributions: means the percentage of revenue generated on any progressive game that is paid by Bettabets into a progressive pool.
3.1.24. Prohibited Site: means any website, forum, social media platform or other communications medium, regardless of type, upon which the advertisement of gambling-related activity is unlawful or otherwise prohibited.
3.1.25. Referral Commission: means the commission earned and calculated by the affiliate resulting from participation in the Programme in accordance with the Terms.
3.1.26. Spam: means unsolicited usually commercial messages (such as e-mail, text message or other communication sent to large number of recipients or posted to a large number of places.
3.1.27. Sub-Affiliate: means a natural or juristic person who is recruited by an Affiliate to serve as a sub-affiliate either via an affiliate marketing network or by assignment or delegation of such Affiliate’s duties or obligations hereunder.
3.1.28. Terms and Conditions: means these terms and conditions as amended from. time to time in the sole and absolute discretion of Bettabets;
3.1.29. Unique Customers (New Customer): means a natural person who is at least 18 years old that the Affiliate directs to a Bettabets Site and who can be linked to the Affiliate’s Unique Customer Code, who is eligible to open an account on a Bettabets Site and: (a) who successfully opens a new account on a Bettabets Site in accordance with the Site’s applicable terms and conditions; and (b) who has not had a previous account on any Bettabets Site; and
3.1.30. Unsuitable Site: means any website, forum, social media platform or other communications medium, regardless of type, which is: aimed at children; intended to appeal to minors; promotes or glorifies violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promotes illegal activity; violates or enables the violation of Intellectual Property rights; violates the rights of privacy of others; is obscene or contains explicit sexual content; contains or promotes any unlawful behavior or content; contains or provides links to malicious or harmful software, keyloggers, trojans, viruses or malware; or which Bettabets believes, in its sole discretion, may bring Bettabets or its affiliated companies and brands into disrepute, or which may prejudice the interests of Bettabets or its affiliated companies and brands, whether part of the Bettabets Group or otherwise.
4. Application
4.1. On signing this agreement the affiliate shall represents undertakes and warrants that:
4.1.1. the information provided in the application is up-to-dated, true and correct.
4.1.2. the Affiliate will update its information, as required on an ongoing basis.
4.1.3. the Affiliate has not previously registered as an Affiliate with the Bettabets AP, as only one Affiliate account is permitted per persona and/or juristic entity.
4.1.4. In the event that the Affiliate is a natural person he/ she is least 18 years of age and is legally capable of concluding this agreement.
4.1.5. The Affiliate is not aware of any reason whatsoever or any restrictions which may exist that should prohibit them from participating in the Bettabets AP programme in accordance with these Terms and Conditions; and
4.1.6. In the event that a natural person is registering on behalf of a juristic entity such natural person duly authorized to transact on behalf of the jurist entity and to accept these Terms and Conditions on behalf of such juristic entity.
4.2. Within a reasonable time after we receive the completed application form from the would-be affiliate, Bettabets shall evaluate and confirm the status of the application. All decisions made by Bettabets are final and are in Bettabets sole and absolute discretion.
4.3. The Affiliate undertakes that, should at any time during their participation in the Bettabets AP, an event occur which may cause any of the above warranties to become false, incorrect and/or prevent the Affiliate from fulfilling their obligations in accordance with these Terms and Conditions, the Affiliate shall promptly notify Bettabets, and Bettabets shall be entitled to terminate the Affiliates’ participation in the Bettabets AP immediately, in the sole and absolute discretion of Bettabets without being required to make any further payments to the Affiliate.
4.4. Bettabets hereby grants the Affiliate a non-exclusive, non-transferable right to direct the unique customers to the Bettabets Website in accordance with these Terms and Conditions.
5. Approved Marketing Materials
5.1. during the duration of the Bettabets AP, and subject to the Terms and Conditions, Bettabets, grants the Affiliate a non-exclusive, non-transferable, revocable, limited right and license to use and distribute the approved Marketing Materials on the Affiliate Sites for the sole purpose of referring Unique Customers to the Bettabets Website;
5.2. The Affiliate shall not use or distribute the Approved Marketing Materials for any other purpose whatsoever unless the Affiliate has received the express written consent and permission from Bettabets to conduct the Approved Marketing Campaigns.
5.3. Approved Marketing Materials may be made available to Affiliate through the Bettabets Programme Portal and may be updated from time to time. The Affiliate undertakes and agrees that it shall only use the current versions of the Approved Marketing Material as appears on the Bettabets Programme Portal and shall discontinue the distribution and use of any previously approved Marketing Materials which are no longer available on the Bettabets Programme Portal.
5.4. The Affiliate shall not amend nor modify any of the Approved Marketing Material without the prior written approval from Bettabets. The Affiliate shall not market or promote Bettabets using any materials not approved in writing by Bettabets.
5.5. In the event that Bettabets designates approved Marketing Materials subject specific restrictions, the Affiliate shall only use the approved Marketing Materials in accordance with such designated specifications.
5.6. The Affiliates marketing activities shall at all times comply with all applicable laws and industry norms and standards applicable to online marketing and advertising codes of conduct.
6. Unique Customer Tracking and Reports
6.1. The Affiliate is to ensure that all Unique Customers are adequately tagged with Affiliates Code. The Affiliate shall earn no commission for any referral of any Unique Customers who are not adequately tagged or where Bettabets is unable to validate and associate the Affiliate Code with the Unique Customers.
6.2. Bettabets shall track the activity of the Unique Customer in order to calculate the Referral Commissions due. The calculations in relation to the tracking of Unique Customer activity and the calculation of the referral Commissions is final.
6.3. Bettabets will provide the Affiliates with online access to reports New Customer activity linked to the Affiliate through the Programme Portal. The form, content and frequency of reporting may vary from time to time.
7. Affiliate Obligations
7.1. The Affiliate shall through its participation in the Bettabets AP ensure that it does not conduct any activities in connection with Unsuitable Sites and/or Prohibited Sites.
7.2. The Affiliate shall use its best efforts to market and promote the Bettabets Sites in a manner consistent with good business ethics, standard industry practice and at all times in good faith towards Bettabets.
7.3. The Affiliate undertakes not to participate in any conduct that will bring Bettabets website and/or brand and/or good name into disrepute. The Affiliate is prohibited from using information that may be construed as being is damaging, indecent, illegitimate, unfair, derogatory, or untoward and/or acquired in a fraudulent manner in connection with Bettabets, its, name, branding or other identifiable markings unique to Bettabets.
7.4. the Affiliate shall not be permitted to use any advertising material that holds intellectual property of others, and which is not appropriately and/or adequately licensed for the specific use by the Affiliate.
7.5. The Affiliate shall not use any information, imaging, wording or otherwise, which Bettabets may consider to be offensive, unacceptable, insulting and/or damaging to the interests and goodwill of Bettabets.
7.6. The Affiliate website shall in no manner duplicate the Bettabets website or use the Bettabets websites’ landing page as their own. The Affiliate shall further be restricted from making use of the Bettabets brands for their own use and or gain and shall be restricted in the use of all Marketing Material and brands as approved by Bettabets.
7.7. The Affiliate is not permitted to extend marketing or promotional activities which may deceive, confuse or mislead users, or which may infringe on any third-party rights, including the rights of privacy, publicity, and/or any Intellectual Property rights of others. The Affiliate shall ensure that the approved Marketing Materials advertised on their websites are appropriate, lawful, proper, professional and in line with the Bettabets guidelines and rules.
7.8. The Affiliates agrees to allow Bettabets to review Affiliate’s marketing activities from time to time. The Affiliate undertakes and agrees to provide any and all assistance and provide full cooperation in connection with any requests made by Bettabets in regard to any Bettabets bringing and/or marketing under the control of the Affiliate.
7.9. The Afiliate will be required to provide Bettabets with any and all information and/or documentation and/or information that may be required by Bettabets on request from a regulator or relevant legal authority for verification, compliance, regulatory or legal reasons and/or purposes.
7.10. The Affiliate shall not directly or indirectly be a party to any illegal activities or Fraudulent activities in connection with the Affiliates’ Participation in the Bettabets AP or otherwise.
7.11. The Affiliate shall at all times ensure that its use, of the Approved Marketing Material as well as its use of the Bettabets, name, likeness or imaging shall in no way bring the Bettabets name into disrepute or otherwise bring harm to Bettabets, this clause shall survive and endure post the termination of this agreement for any reason how so ever arising;
7.12. The Affiliate shall attend all mandatory training provided by Bettabets, including, without limitation, responsible gambling program anti-money laundering training and other training which may be deemed necessary by Bettabets in its sole and absolute discretion. Failure to attend training shall be sufficient grounds for termination of the Affiliates participation in the Bettabets AP immediately and without prior notice and the Affiliate shall forfeit any and all payments which may be due to them at the time of the termination by Bettabets;
7.13. The Affiliate shall timeously provide Bettabets with any and all information as and when requested by the Regulatory body or any gambling authority.
7.14. The Affiliate is shall at all material time ensure that the Affiliate is familiar with the most up to date version of the relevant legal regulations and codes of good practice which may be in put in place by the South African legislature and/or regulatory authorities from time to time and further shall at all-times be in compliance with the Bettabets code of conduct and/or code of good practice. Failure by the Affiliate to abide by the above shall be sufficient grounds for termination of the Affiliates participation in the Bettabets AP immediately and without prior notice and the Affiliate shall forfeit any and all payments which may be due to them at the time of the termination by Bettabets.
7.15. The Affiliate agrees to market or promote Bettabets Website within the Boards of South Africa.
7.16. The Affiliate acknowledges and agrees that a breach of the aforementioned terms shall be deemed as a breach which will result in immediate termination of the Affiliates contract immediately and without prior notice and the Affiliate shall forfeit any and all payments which may be due to them at the time of the termination by Bettabets.
7.17. Affiliate shall not:
7.17.1. undertake any action which may have a detrimental impact on the ability of Bettabets to be qualified for or to hold or maintain any license, permit or approval granted by any regulatory authority, or
7.17.2. undertake any action which could reasonably be construed as bringing Bettabets into Disrepute, where “Disrepute” means any condition which could reasonably and objectively be seen to create a negative perception of the integrity of Bettabets.
7.18. If an Affiliate is joining the Programme in the capacity of an affiliate marketing network, the Affiliate represent, warrant, and undertake that the terms and conditions of Affiliate marketing network are at least as restrictive as those set out herein, and that Affiliate shall be responsible for all activity undertaken by Affiliate network and individuals thereof. Bettabets reserves the right in its sole discretion to request written documentation of Affiliates’ compliance with this clause, and Affiliates’ failure to promptly provide such documentation upon request shall be deemed a material breach of these Terms.
7.19. the Affiliate shall inform Bettabets of all and any communications (whether written or verbal) with customers of the Bettabets Websites within 2 (two) weeks of the occurrence thereof and undertake and agree to maintain complete records, during and for a period of 2 (two) years after the termination or expiry of Affiliate participation in the Bettabets AP.
8. Self-Excluded Customers, Spam and Marketing
8.1. The Affiliate shall not without prior consent from Bettabets send any marketing SMS, email, or other communications for and on behalf of Bettabets to any potential customers of Bettabets. When seeking consent from Bettabets for direct marketing as described herein above, The Affiliate shall provide Bettabets with the following:
8.1.1. A detailed list of the intended recipients of any marketing campaign which Bettabets shall review to ensure that proposed marketing campaign is not sent to self-excluded customers
8.1.2. written confirmation that all email, SMS or other communications which the proposed marketing campaigns comprises of shall include an option to opt-out of receiving further such communications; and
8.1.3. confirmation that the requisite consent from the recipients of the marketing campaign have received communication to opt in and/or opt out.
8.2. Based on the review of the above information Bettabets shall in its sole and absolute discretion have the right to either provide of refuse the requested consent.
8.3. If any communications send out to the public is and/or can be classified as Spam is identified and is proved to be linked to the Affiliate account, and Bettabets incurs any cost and/or damages in relation and/or connection there to, Bettabets shall have the right to deduct/ recuperate these cost from any commission which may be due to the Affiliate. If the costs/damages are not covered in full by the funds due to the Affiliate at that point in time, Bettabets reserves the right to offset future commission payments or pursue other alternative means for obtaining payment from Affiliate. If the Affiliate account is not active, or not generating Commission payments, then Bettabets shall have the right to demand payment directly from Affiliate.
8.4. The Affiliate shall be required to comply with Bettabets Spam policy and the Affiliate shall be obligated to report any Spam incidences of which they become aware.
8.5. The Affiliate shall ensure that any electronic messages or communication sent to any potential customers is free of spam and fully compliant with the regulations of sending commercial electronic messages and including POPIA.
9. Indemnity
9.1. The Affiliate hereby indemnifies and holds harmless Bettabets, its subsidiaries, directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:
9.1.1. any claim that Bettabets use of the Affiliates’ trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party;
9.1.2. any misrepresentation of a representation or warranty or breach of a covenant and agreement made herein, or otherwise by the Affiliate;
9.1.3. any claim related to the Affiliates’ site, including, without limitation, content therein not attributable to Bettabets;
9.1.4. Any and all conduct of the Affiliate which falls outside the scope and course of these Terms and Conditions;
10. Regulatory Requirements
10.1. The Affiliate must ensure compliance with all applicable laws including but not limited to the Anti- Money Laundering and Prevention and Combating of Corrupt Activities Act, 2004 and any other relevant bribery and anti-corruption laws;
10.2. The Affiliate must ensure compliance with any and all applicable license conditions of Bettabets.
10.3. The Affiliate shall ensure that it has implemented and secured sufficient processes and procedures to monitor compliance with the relevant License Conditions of Bettabets as well as any and all legal and or regulatory guidelines or prohibitions which may be in place and/or amended from time to time.
11. Intellectual Property Rights
11.1. Bettabets is the lawful owner of the Bettabets websites, Bettabets Marks, Marketing Materials, any reports, documentation, or materials provided in connection with the Affiliates’ participation in the Bettabets AP, and any Intellectual Property rights therein. Any rights that are not specifically reserved are hereby reserved by Bettabets.
11.2. The Affiliate acknowledges and agrees that Bettabets Intellectual Property will at all times remain the property of Bettabets. The Affiliate further acknowledge that it shall have no claim or right of whatever nature in and to the aforementioned Intellectual Property, other than the limited rights conveyed herein.
11.3. The Affiliate undertake and agree not to assert the invalidity, unenforceability or contest the ownership of any of the Intellectual Property rights of Bettabets in any action or proceeding whatsoever and shall not take any action that may prejudice Bettabets rights in such Intellectual Property.
11.4. The Affiliate undertakes and agrees that they will not register any domain name that includes, incorporates, or consists of any Bettabets Trademarks or any domain name that is similar to the Bettabets Trademarks. The Affiliate further undertakes not make any bid on any internet search engine using keywords including the Bettabets Trademarks
11.5. The Affiliate undertakes and agrees to transfer ownership of any domain names registered in violation of these Terms and Conditions to Bettabets or any third party nominated by Bettabets upon demand by Bettabets.
12. 9. Disclaimers
12.1. Bettabets make no warranties or representations with respect to this Affiliate agreement, about the referral commission payment arrangements, and do not imply any warranties arising out of a course of performance, dealing, or trade usage.
12.2. Bettabets make no representation that the operation of Bettabets websites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered on Bettabets website and the Affiliates database, the database shall be deemed accurate.
13. Prohibited Territories
13.1. The Affiliate undertakes not actively target potential customers in any jurisdiction other than South Africa. The targeting of potential New Customers includes any correspondence, use of approved marketing material to any traffic or customers where the domains or URLs emanate from a jurisdiction other than South Africa.
14. COMMISSION STRUCTURE FOR REFERRALS and Refferal Comissions
14.1. Refer to Annexure A on Page 17.
15. Period of Inactivity
15.1. If the Affiliate fails to refer New Customers for a period of 3 (three) consecutive months, Bettabets reserves the right to half any commission percentage payable to the Affiliate until such time as the Affiliate refers a minimum of 30 (thirty) New Customers in period of 30 (thirty) consecutive days. Only thereafter will the affiliates commission percentages the restored to full commission percentage as agreed between the Affiliate and Bettabets;
15.2. Should the Affiliate fail to refer a minimum of 70 (seventy) New Customers for a period of 6 (six) consecutive months, Bettabets shall have the right to terminate the Affiliates participation in the Bettabets AP immediately and without prior notice to the Affiliate.
16. General Terms for Commission Payouts
16.1. Commission payments will only be applicable in respect of new customers with active accounts.
16.2. The Affiliate shall not be entitled to any payment/referral commission in respect of any customers’ activity that Bettabets may deem in their sole and absolute discretion to be unlawful, abusive, and not generated in good faith or for fraudulent activities.
16.3. Bettabets will not pay for any customer activity that is considered to be in breach of the intellectual property rights.
16.4. Bettabets shall reserve the right to refuse new customer, close customer’s accounts that we may deem necessary in order to preserve the integrity and safety of the Bettabets Website, the Affiliate will not be entitled to earn any commission in the event of refusal of new customer accounts.
16.5. Bettabets shall not pay commission to affiliates referrals with existing relations or employees of the affiliate or immediate family members or any person whatsoever on behalf of the affiliate partners.
16.6. The Affiliate shall not be paid any commission in the following instances whereby the Affiliate is associated with family members, agents, employees, and they are signed up as customers on Bettabets Website after being referred by the Affiliate.
16.7. Bettabets will not be liable for any late payments due to technical error or unforeseen circumstances beyond Bettabets control.
16.8. The Affiliate must ensure that their account details are correct prior to the payment date.
16.9. It is the Affiliate’s responsibility pay taxes on their commission to the relevant tax authority.
16.10. Bettabets shall at their own discretion reserve the rights to change commission payments and methods of calculation at any time.
17. Sub Affiliates
17.1. The rights and licenses granted to the Affiliate hereunder are non-transferable and the affiliate may not under any circumstances assign or delegate their duties or obligations hereunder to a Sub-Affiliate or appoint a Sub-Affiliate in terms of an affiliate marketing network. The affiliates non-compliance with this clause shall be deemed a material breach to the Terms.
18. DAta Storage and Rights
18.1. The Affiliate relinquish their rights to the provided information during their affiliation participation period with Bettabets excluding any information that was gathered independently.
18.2. The Affiliate acknowledge that the collated data shall be stored in terms of the POPI Act.
19. SECURITY
19.1. It is the Affiliate responsibility to ensure security of the Affiliates unique login credentials and the Affiliate shall not share such details to any third party.
19.2. The Affiliate shall be held accountable and liable for any and all activities and conduct which occurred by way of the use of the Affiliates’ unique login credentials.
19.3. For security reasons the Affiliate will be required to verify their account details from time to time, and this verification process may require submission of additional documentation and / or information which information the Affiliate shall not unreasonably withhold. Should the Affiliate fail and or refuse to provide the requested information, Bettabets shall be entitled to terminate the Affiliates’ participation in the Bettabets AP forthwith with no liability to the Affiliate post the termination date.
20.1. Throughout the Affiliates’ participation in the Bettabets AP, the Affiliate will be privy to confidential information relating to the Bettabets Group, operation, or underlying technology and/or the Bettabets AP, including but not limited to: information relating to Bettabets’ strategic objectives and planning for both existing and future needs, information relating to Bettabets’ business activities, business relationships, products, services, customers and clients (including that of its associated or affiliated companies) information contained in Bettabets’ processes, procedures and associated material documentation, technical, scientific, commercial, financial and market information, know-how, methods of operating and trade secrets plans, designs, drawings, functions and technical requirements and specifications, any document marked “confidential” and any information which by its nature is commercially sensitive details of the identity of third parties (including, without limitation, suppliers, clients, customers, financial sources, manufacturers and/or consultants) discussed and made available by the Company and any related business opportunity, any other information concerning the confidential affairs of the Company (“Confidential Information”).
20.2. The Affiliate acknowledge that any and all Confidential Information of Bettabets that the Affiliate may be privy to and/or gain knowledge of by way of their participation in the Bettabets AP, is proprietary in nature to Bettabets and has commercial value to Bettabets. Accordingly the Affiliate agrees, in perpetuity, to:
20.2.1. not disclose, publish, utilise, employ, exploit or in any manner whatsoever use the Confidential Information in any manner, for any reason or purpose whatsoever, for his benefit or for the benefit of any other person, without the prior written consent of the Company, which consent may be withheld in the sole and absolute discretion of the Bettabets;
20.2.2. take all reasonable steps to minimise the risk of disclosure of the Confidential Information to unauthorised persons and initiate internal security procedures to prevent any unauthorised disclosure;
20.2.3. limit access to Confidential Information only to those who reasonably and necessarily require such information and to inform each such person of the foregoing restrictions as to confidentiality, disclosure and use of such Confidential Information and to ensure that each such person shall observe such restrictions;
20.2.4. inform the Bettabets immediately in writing if he becomes aware of the unauthorised disclosure or use of any Confidential Information and, without in any way detracting from Bettabet’s rights and remedies in terms of this Agreement, take such steps as may be necessary to prevent the recurrence thereof
20.3. It is expressly agreed that the Affilate shall not, without the prior written consent of Bettabets, seek to bypass, compete, avoid or circumvent Bettabets from any business opportunity by utilising any Confidential Information or by otherwise exploiting or deriving any benefit from the Confidential Information to the detriment of Bettabets.
20.4. The Affiliate acknowledges that any unauthorised publication or other disclosure of the Confidential Information may cause irreparable loss, harm and damage to Bettabets.
20.5. In the event the Affiliate is uncertain as to whether any information is confidential, the Affiliate shall in writing request a ruling from Bettabets. The Affiliate undertakes to abide by any ruling made by Bettabets.
20.6. Should the Contractor breach this clause 20, it shall constitute a material breach and Bettabets shall be entitled to terminate this the Affiliates participation in the Bettabets AP.
20.7. The Affiliate obligations in relation to Confidential Information will apply regardless of whether the affiliates application is successful.
21. Affiliate Programme Termination
21.1. The Affiliates Participation on the Bettabets AP can be terminated by Bettabets in its sole and absolute discretion as detailed herein above and/or by way of written notice by either Party to the other. Upon receipt of the written termination Notice the Affiliates Participation in the Bettabets AP shall be terminated immediately. For purposes of this clause 21 a notice by way of e-mail shall be suffice and be construed as a valid written notice.
21.2. In the event of termination of the Affiliates Participation in the Bettabets AP, the Affiliate must remove all Bettabets Approved Marketing Material, trademarks and other intellectual property from the Affiliates’ website and the Affiliate shall forthwith disable all hypertext transfer links from the Affiliates’ website.
21.3. All rights and licenses given to Affiliate herein shall immediately be terminated.
21.4. The Affiliate shall return all confidential information, and all copies in their possession, custody and control and shall on termination cease all use of Bettabets Approved Marketing Material, trademarks, and other intellectual property.
21.5. In the event of termination Bettabets reserves the right, in their sole and absolute discretion to make payment of and/or withhold any Referral Commission payments which may be due to the Affiliate as at the date of termination of the Affiliates participation in the Bettabets AP.
21.6. In the event of termination of these Terms and Conditions and by reference there to the Affiliates’ participation in the Bettabets AP, for any reason:
21.6.1. all rights and licenses granted to the Affiliate shall immediately terminate.
21.6.2. The Affiliate shall immediately cease all marketing activity, cease the distribution of any Marketing Materials, and disable any links from their site to any Bettabets Site.
21.6.3. The Affiliate shall promptly return any Confidential Information and/or customer information, and all copies of same in its possession, custody and control to Bettabets; and
21.6.4. for clarification purposes, termination will not release the Affiliate from any liability arising from any breach of these Terms and Conditions which may have arisen during the course of the Affiliates participation in the Bettabets AP.
21.7. Upon termination of the Affiliates Participation in the Bettabets AP for any reason wat so ever, the Affiliate shall cease to be entitled to receive any further referral commissions.
21.8. In the event Bettabets terminates an Affiliates’ participation in the Bettabets AP as a result of a breach of these Terms and Conditions by the Affiliate, Bettabets shall retain any Referral Commission which may be due to the Affiliate in Bettabets sole and absolute discretion.
21.9. In the event of the termination of the Affiliates participation in the Bettabets AP by Bettabets as a result of conduct in bad faith, unethical conduct, unlawful conduct or otherwise Bettabets shall retain any Referral Commission which may be due to the Affiliate in Bettabets sole and absolute discretion. In addition, Bettabets reserves the right to recover any payments to the Affiliate in respect of any Referral Commissions which may have been paid previously and seek the recovery of all costs incurred in the investigation of such activities and the closure of the Affiliates account, in addition to any other rights and remedies available in law.
22. 20. Business Sale
22.1. The Affiliate shall give Bettabets 30 (thirty) days’ prior written notice of their intentions to sell or dispose of their shares or assets to a third party or conclude any transaction to the third party which may affect the change in ownership to the Affiliates’ business.
22.2. It is the sole responsibility of the Affiliate to furnish all the necessary or required details of the intended purchaser including their all their Unique Customer codes, if already affiliated with Bettabets to Bettabets in the Affiliates notification as detailed in clause 22.1 herein above.
22.3. The Affiliates’ deed sale is subject to the suspensive condition by Bettabets to approve the purchaser as an affiliate and such a purchaser shall, subject to Bettabets approval join the affiliate programme on the terms set out herein.
22.4. The Affiliate acknowledges that Bettabets shall have a sole discretion to approve or reject, substitute the Affiliate rights herein to third party, subsequently terminates the Affiliates participation.
23. 21. Relationships
23.1. The Affiliate hereby appointed as an independent contractor and nothing in these terms and conditions will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Affiliate and Bettabets.
23.2. The Affiliate shall not make any statement or publications of any nature, whether on the Affiliates website or otherwise, that would contradict anything in contained in these Terms and Conditions.
23.3. The Affiliate shall not make any claims or representations, or give any warranties, in connection with and/or for and on behalf of Bettabets at any point in time during the Affiliates Participation in the Bettabets AP or thereafter and the Affiliate will at no point in time or be deemed to have any authority to bind Bettabets to any obligations.
24. 22. MISCELLANEOUS
24.1. The Bettabets AP shall be governed by the laws of South Africa, without reference to rules governing choice of law. Any action relating to the Bettabets AP must be brought in South Africa and the Affiliate irrevocably consents to the jurisdiction of the South African Courts.
24.2. The provision of these Terms and Conditions as well as the Bettabets AP will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of these Terms and Conditions or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights by Bettabets and all waivers by Bettabets must be in writing and signed to be any force and/or effect.
24.3. Bettabets failure to enforce strict performance of any provision of these Terms and Conditions will not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms and Conditions. No modifications, additions, deletions, or interlineations of these Terms and Conditions are permitted or will be recognized by Bettabets unless reduced to writing and published on the Bettabets Affiliate Site as detailed herein above. None of Bettabets employees or agents shall have any authority to make or agree to or vary any of these terms and conditions without the necessary board approval, which approval must be reduced to writing and signed by all directors of Bettabets.
24.4. The Affiliate may not assign or delegate any rights or commitments herein, by operation of law or otherwise, without our prior written consent of Bettabets and any breach of this provision shall be deemed a material breach of these Terms and Conditions which shall give rise to Bettabets having the rights to terminate the Affiliates participation in the Bettabets AP immediately without any further obligation to make payment to the Affiliate of ay Referral Commission which may be due and owing at the time of the Affiliates termination.
24.5. Bettabets rights and remedies shall not be mutually exclusive, and nothing provided for in these Terms and Conditions shall be construed as precluding Bettabets from the exercise of any of these Terms and Conditions and/or any remedies which may be available to Bettabets by way of operation of law.
24.6. The Affiliate acknowledges, confirms, and agrees that damages may be an inadequate remedy for a breach or a threatened breach of these Terms and Conditions and, should there be a breach or threatened breach of any provision of these Terms and Conditions, Bettabets may seek enforcement or compliance by way of an order for specific performance, interdict, or other equitable remedy. These Terms and Conditions will not be limited to effect any rights of the law, or otherwise, for a breach or threatened breach by the Affiliate of any provision of these Terms and Conditions
24.7. Bettabets shall not be liable to the Affiliate hereunder by any reason of failure or delay in the performance of its obligations hereunder on account of any force majeure event, such as strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control any party concerned.
24.8. where the domains or URLs emanate from a jurisdiction other than South Africa.
Palsar Capital Limited, henceforth referred to as “We” “Our” “Us” provides an affiliate programme to promote our clients on whose behalf We administer and manage the affiliate program. In this policy “affiliate” “you” and “your” refers to the individual entity that has agreed to promote the brands we provide marketing services for, in accordance with this Privacy Policy.
This Privacy Policy is designed to help you understand how we collect, use and safeguard your information.
This privacy policy should be read in conjunction with the Affiliate Programmes Terms and Conditions. By entering into any kind of contract with Palsar Capital Limited, you agree to the contents of this privacy policy. If you do not agree with any section of this privacy policy, you should not attempt to use our service.
The Data Controller is Palsar Capital Limited t/a Raven of Glassworks, 1 Back Turner Street, Manchester, M4 1FR
All queries in regards to this privacy policy should be addressed to the Data Protection Officer at the above address, who can also be contacted directly at compliance@raventrack.com
We collect and process the following data from (and about) you:
We implement effective processes to identify, manage, monitor and report risks and internal control mechanisms. These controls include secure systems and networks, and clear processes for privilege access rights. All data is stored securely.
Our lawful basis for processing personal data include:
We may disclose your personal data to:
All processing of information will be governed by the appropriate data protection laws.
We will not send promotional or direct marketing, inclusive of email, SMS, or automated calls, without first obtaining your specific consent.
The consent requires a positive Opt-In either in electronic format, verbally or in writing. The consent will be clear and specific, granular, separate from other Terms and Conditions, name any third parties relying on the consent, and be easily withdrawable.
We will not transfer Personal Data to recipients in Third Party countries that are outside of the EEA, or are not currently recognised by EU law as having an adequate level of legal protection for the rights and freedoms of data subjects unless:
You may request that your Personal Data be anonymised in the following circumstances:
We will only retain data for the necessary time to complete the task that the data was collected for, or to meet our legal obligations.
You are entitled to a file a Subject Access Request (SAR) to obtain a copy of the personal information which we hold about you. If you wish to receive a copy of this information, please contact your account manager, or the DPO directly, and allow up to thirty calendar days for the information to be collated and provided to you. Please note that your identity will need to be confirmed in order to complete a SAR, which may include the disclosure of other personally identifiable documentation in order to prove your identity (such as a passport scan, or valid proof of address) before commencing with the process.
By using the Raven website, you consent to our use of ‘cookies’. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. We use cookies and the information gained from them to analyse site usage, with this information used accordingly to improve our content and site layout and to remember your onsite preferences.
If you prefer, you can disable cookies in your web browser. The ‘help’ menu on the menu bar of most browsers will have a functionality to disable cookies.
Palsar Capital Limited do not use any automated systems in order to make decisions regarding your account which have any legal effect on You.
Please let us know if you are unhappy with how we have used your personal information in writing to the Data Protection Officer, who will be able to assist further with your complaint or concern. You also have the right to complain to the Information Commissioner’s Office.
This Privacy Policy is kept under continued review by Palsar Capital Limited and can be amended by Us at any time, and without notice to you. Whenever a change is made to the privacy policy which will affect your rights as a data subject, or change the intended processing purposes, then you will be notified directly and asked to agree to the new privacy policy. If you disagree with the changes made to the privacy policy, you retain the right to withdraw consent for future processing, as stated in the introduction to this policy.
This version of the Privacy Policy is effective as of September 20th 2018.