affiliate Program

Interpretation

In these Conditions, the following definitions apply:

Affiliate: the person, firm or company supplying the Affiliate Services.

Affiliate ID: an account dedicated to the Affiliate on the Software.

Affiliate Services: the advertising and promotional services performed by the Affiliate under this Contract.

Commission: the payments due to the Affiliate from the Company under this Contract (which may comprise a percentage share of Net Revenue or a CPA Payment, or any combination of the same) as detailed by the Company on the Affiliate’s account page accessible through the Software or otherwise agreed between the parties in writing.

Contract: the agreement between the Company and the Affiliate which expressly incorporates these Conditions.

CPA Payment: a one-off fixed payment to the Affiliate in respect of each new Player that meets the criteria agreed between the parties, for example, a first-time deposit.

Net Loss: a negative Net Revenue figure.

Net Revenue: the amount wagered by a Player through the Website less a) Player winnings; b) charges levied by electronic payment organisations; (c) bad debts; (d) monies attributed to fraud; (e) returned stakes and void bets; (f) transactions which are reversed by instruction from the card-holder’s bank (commonly referred to as “Chargebacks”); (g) the cost of credits, promotional plays or reward points provided to Players; (h) monies paid out in the form of mandatory betting duties (including remote gaming duty) or taxes or other mandatory statutory deductions or mandatory payments to licensing authorities; (i) amounts paid to platform operators; and (j) amounts charged for third party content featured on the Website(s).

Player(s): any person who registers an account with the Company for a Website and subsequently wagers money having been referred to the Website by the Affiliate under the Affiliate Services but who is not an existing or former customer of the Company or any other company within the Rank Group of companies

Promotional Rights: mean the non-exclusive, non-transferable right and licence to advertise market and promote Company Brands and/or the Affiliate Program via one or more websites approved by The Company by this Contract, including the right to use any Company Materials solely for such advertisement, marketing and promotion as set out in the Software.

By applying to become an affiliate of the Company, the Affiliate makes an offer to the Company to be bound by this Contract.

The offer is deemed to be accepted of the earlier of:

(A) the Company expressly informing the Affiliate in writing or on the telephone that it has been accepted; or

(B) the Company issuing an Affiliate ID to the Affiliate, at which point and on which date the Contract shall come into existence (the “Commencement Date”).

The Company reserves the right to refuse any application at its discretion and without giving reasons.

Upon acceptance of the application, the Company hereby grant the Affiliate Promotion Rights subject to and per this Contract. All other rights and licences not expressly granted to you are reserved by us.

These Conditions apply to the Contract to the exclusion of any other terms that the Affiliate seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

These Conditions may be amended by the Company at any time subject to providing the Affiliate with not less than five Business Days’ notice. The amended Conditions shall be deemed to form a new Contract between the Affiliate and the Company on the expiry of the notice period and will supersede all previous terms and conditions. The Affiliate is deemed to have accepted the new Conditions if they continue to provide the Affiliate Services.

Responsible Gambling and Applicable Laws

IT IS OF THE UTMOST IMPORTANCE TO THE COMPANY THAT THE AFFILIATE SERVICES ARE CARRIED OUT RESPONSIBLY AND IN COMPLIANCE WITH ALL APPLICABLE LAWS.

THE AFFILIATE THEREFORE AGREES TO CARRY OUT THE AFFILIATE SERVICES IN A SOCIALLY
RESPONSIBLE MANNER AND IN STRICT COMPLIANCE WITH ALL APPLICABLE LAWS.

WITHOUT LIMITING THE ABOVE OBLIGATIONS IN ANY WAY, THE AFFILIATE SHALL:

COMPLY WITH THE GAMBLING LAWS IN MOZAMBIQUE;
ENSURE THAT IT HAS THE APPROPRIATE, FREELY GIVEN, SPECIFIC, INFORMED AND UNAMBIGUOUS CONSENTS REQUIRED TO PROMOTE THE AFFILIATE SERVICES TO ANY INDIVIDUAL AND TO PROVIDE AT THE AFFILIATES’ COST COPIES OF ANY SUCH CONSENTS THAT THE COMPANY MAY REQUEST FROM TIME TO TIME;
NOT SEND ANY FORM OF SPAM COMMUNICATIONS INCLUDING BUT NOT LIMITED TO EMAILS, TEXT MESSAGES AND WHATSAPP MESSAGES WHETHER ELECTRONIC OR OTHERWISE;
NOT ACTIVELY TARGET PERSONS UNDER THE AGE OF 18 OR PERSONS LOCATED OUTSIDE THE JURISDICTIONS PERMITTED ON THE COMPANY’S WEBSITE;
NOT PROMOTE THE AFFILIATE SERVICES TO ANY INDIVIDUAL ON ANY SUPPRESSION LIST SUPPLIED BY THE COMPANY FROM TIME TO TIME;
NOT OFFER THE AFFILIATE SERVICES ON WEBSITES PROVIDING UNAUTHORISED ACCESS TO COPYRIGHTED CONTENT OR ON THOSE KNOWN TO CONTAIN DEFAMATORY, DISCRIMINATORY, OBSCENE, UNLAWFUL, PORNOGRAPHIC OR OTHER SOCIALLY UNACCEPTABLE CONTENT AND TO USE MARKET LEADING IP INFRINGEMENT AND AD MONITORING SOFTWARE ACCORDINGLY;
NOT MISLEAD INDIVIDUALS IN ANY WAY IN POSTS ON SOCIAL MEDIA OR AND ANY COMMUNICATIONS PLATFORMS (INCLUDING THE AFFILIATE PORTRAYING ITSELF AS A TIPSTER OR MAKING FALSE ATTRIBUTIONS OR CLAIMS), ENSURE THAT IT IS CLEAR TO ANY INDIVIDUAL THAT THE AFFILIATE COMMUNICATIONS ARE ADVERTORIAL AND PROMOTED BY THE AFFILIATE AND NOT BY THE COMPANY AND INCLUDE THE IDENTITY OF THE AFFILIATE;
NOT OFFER THE AFFILIATE SERVICES IN RESTRICTED TERRITORIES;
INCLUDE REFERENCE TO “18+ ONLY” AND“TERMS AND CONDITIONS APPLY”, ENSURE THAT SIGNIFICANT TERMS, COMMITMENTS, LIMITATIONS AND QUALIFICATIONS ARE CLEARLY STATED AND ENSURE THAT THERE ARE APPROPRIATE OPT-OUTS FOR ALL AFFILIATE SERVICES;
NOT INCLUDE A CHILD OR YOUNG PERSON OR FEATURE ANYONE WHO SEEMS TO BE UNDER 25 IN ANY OF THE AFFILIATE SERVICES;
COMPLY WITH ALL THE GUIDANCE FROM THE COMPANY ON ALL REGULATORY AND BRAND PROTECTION MATTERS. IN PARTICULAR, THE COMPANY MAY AT ANY TIME REQUIRE THE AFFILIATE TO CEASE USING ANY PARTICULAR METHOD OR CHANNEL OF PROVIDING THE AFFILIATE SERVICES; AND
OBTAIN THE PRIOR WRITTEN CONSENT OF THE COMPANY BEFORE USING E-MAIL CAMPAIGNS AND/OR PROGRAMMATIC ADVERTISING.
THE AFFILIATE WILL AT ITS OWN COST PROVIDE SUCH INFORMATION TO THE COMPANY AS THE COMPANY MAY REQUIRE TO DEMONSTRATE THE AFFILIATE’S COMPLIANCE WITH THE CONDITIONS OF THIS CONTRACT AND TO ASSIST WITH THE COMPANY’S INFORMATION REPORTING AND OTHER REGULATORY OBLIGATIONS. THE AFFILIATE CONSENTS TO THE COMPANY’S USE OF SUCH INFORMATION FOR THESE PURPOSES AND ACKNOWLEDGES THAT THE COMPANY HAS THE RIGHT TO TERMINATE THIS CONTRACT IF THE AFFILIATE IS FOUND TO BE IN BREACH OF THE REQUIREMENTS SET OUT.
DURING THE TERM OF THIS CONTRACT AND FOR SIX YEARS THEREAFTER, THE AFFILIATE SHALL ALLOW THE COMPANY AND ITS PROFESSIONAL ADVISERS ON REASONABLE NOTICE DURING NORMAL WORKING HOURS ACCESS TO ANY OF THE AFFILIATE’S PREMISES, PERSONNEL, SYSTEMS AND RECORDS AS MAY BE REQUIRED TO ENABLE THE COMPANY TO COMPLY WITH ANY LAWFUL REQUEST BY ANY REGULATORY BODY AND VERIFY THAT THE OBLIGATIONS OF THE AFFILIATE ARE BEING AND WERE PERFORMED BY THIS CONTRACT.

Further Affiliate Obligations

For the duration of the Contract, the Affiliate warrants represents and undertakes that it will:

comply with its obligations under this contract;
COMPLY WITH ANY GUIDELINES OR INSTRUCTIONS GIVEN TO IT BY THE COMPANY FROM TIME TO TIME;
have an effective and Enforced zero-tolerance policy towards modern slavery and human trafficking in its business and supply chains and will immediately report any incident to the company;
MARKET AND PROMOTE THE WEBSITE(s) TO INTRODUCE NEW PLAYERS TO THE COMPANY;
COMPLY WITH THE ADVERTISING CODES AND ANY RELEVANT INDUSTRY CODE OF PRACTICE ON ADVERTISING.
USE THE COMPANY MATERIALS SOLELY TO PERFORM THE AFFILIATE SERVICES;
KEEP ITS AFFILIATE ID AND PASSWORD SECURE AND TAKE ALL REASONABLE STEPS TO AVOID UNAUTHORISED ACCESS BY ANY THIRD PARTY;
BE SOLELY RESPONSIBLE FOR CHECKING THE CORRECT FUNCTIONING OF ANY TRACKING CODE AND LINKS PROVIDED TO IT AS PART OF THE COMPANY MATERIALS;
BE SOLELY RESPONSIBLE FOR ALL ASPECTS OF THE PROVISION OF THE AFFILIATE SERVICES INCLUDING THE COSTS OF SETTING UP AND MAINTAINING ITS WEBSITE OR OTHER PROMOTIONAL MATERIAL.
UPDATE ALL RELEVANT OFFERS PROVIDED BY THE COMPANY WITHIN five (5) business days OF RECEIVING THE SAME, failure to do so will permit the company to terminate the CONTRACT; AND
KEEP ITS CONTACT DETAILS UP TO DATE AND CORRECT AT ALL TIMES.
THE AFFILIATE WARRANTS, UNDERTAKES AND REPRESENTS THAT IT WILL NOT:
UNDERTAKE ANY ACTIVITY OR PUBLISH ANY MATERIAL (WHETHER ON ITS WEBSITE OR OTHERWISE) WHICH IS DEFAMATORY, DISCRIMINATORY, OBSCENE, UNLAWFUL OR WHICH IS SEXUALLY EXPLICIT, PORNOGRAPHIC OR OTHERWISE DISTASTEFUL;
OFFER OR AGREE TO GIVE ANY PERSON ANY GIFT OR OTHER CONSIDERATION WHICH COULD ACT AS AN INDUCEMENT OR REWARD FOR ANY ACT OR FAILURE TO ACT CONNECTED TO THIS CONTRACT;
USE METATAGS, CODE OR ANY OTHER MATERIALS WHICH INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY;
WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY, USE ANY MATERIAL OTHER THAN THE COMPANY MATERIALS FOR THE PURPOSES OF PERFORMING THE AFFILIATE SERVICES;
REGISTER AS A CUSTOMER OF THE COMPANY ITSELF OR PERMIT ANY EMPLOYEES, WORKERS, CONTRACTORS OR AGENTS OF IT TO REGISTER AS A CUSTOMER OF THE COMPANY;
HOLD ITSELF OUT (BY WAY OF ITS WEBSITE OR OTHERWISE) AS THE COMPANY AND WILL NOT MAKE ANY REPRESENTATIONS ABOUT ANY SERVICES PROVIDED BY THE COMPANY UNLESS AUTHORISED BY THE COMPANY;
DO ANYTHING WHICH MAY GIVE RISE TO A RISK OF CONFUSION BETWEEN THE AFFILIATE AND THE COMPANY;
ENGAGE IN ANY PRACTICE WHICH MAY BE CONSIDERED DECEPTIVE, MALICIOUS, HARMFUL, INTRUSIVE OR A NUISANCE SUCH AS ALTERING BROWSER HOME PAGES WITHOUT INFORMED CONSENT, SUPPLYING OR DOWNLOADING SOFTWARE WHICH DOES NOT FUNCTION AS ADVERTISED, INSTALLING SOFTWARE COVERTLY OR USING MULTIPLE OR FORCED POP-UP SCREENS;
OTHER THAN AS CONTAINED IN THE COMPANY MATERIALS AND TO PERFORM THE AFFILIATE SERVICES, USE THE NAMES, LOGOS, TRADEMARKS, SLOGANS OR ANY OTHER INTELLECTUAL PROPERTY OWNED OR USED BY THE COMPANY.
It is the responsibility of the Affiliate to properly implement the Company Materials. The Company will not be liable to pay any Commission to the Affiliate about any revenue earned that is not tracked through the Software due to the acts or omissions of the Affiliate.

The Company’s Obligation

Provision of Affiliate online account

As soon as reasonably possible after the Commencement Date, the Company will provide the Affiliate with an Affiliate ID which will enable the Affiliate to access the Software to manage its provisions of the Affiliates Services.

Provision of materials

The Company will use reasonable endeavors to provide the following materials to the Affiliate through the Software:

graphic content for use in banner ads or other Website content;
details of promotions or offers that the Company is running and which may be promoted by the Affiliate; and
tracking code to be inserted by the Affiliate onto the Affiliate’s website.

(the “Company Materials”).

Software, Websites and Players

The Affiliate acknowledges that the Software is provided by a third party under licence and accordingly the Company provides no guarantees to the Affiliate about the availability, functionality or performance of the Software.

Whilst the Company endeavours to ensure that the Website(s) is always fully operational, it provides no warranties or representations as to the uptime, availability or functionality of the Website(s) and the Affiliate acknowledges that the Company may take the Website(s) down at any time and for any reason, including for routine or emergency maintenance.

The parties acknowledge and agree that the Company will be solely responsible for the provision of services to the Player on the Website(s) and that any contract in relation to the same shall be between the Player and the Company.

The Company reserves the right to analyse and investigate fraudulent players and withhold payment for the duration of the investigation.

Pay Per Click (“PPC”) Campaigns

Direct promotion of the Company Brands’ via PPC advertising is not permitted.

Negative Key Words

The Company does not permit the Affiliate to display adverts triggered by certain searched words. An up to date list of ‘negative keywords’ can be provided to the Affiliate on request (and will be updated from time to time). The Affiliate must add all Company Brand Keywords to their negative keywords list. If an Affiliate is found to be using the Company’s Brand Keywords, this may result in the Affiliates account being suspended or terminated.

Facebook Campaigns

The Affiliate is not permitted to target the Company’s community pages or groups with advertisements.

Payment of Commission & CPA

The Company will pay the Commission to the Affiliate.

Any of the Conditions set out may be varied by agreement between the parties and any payment terms set out by the Company shall take precedence in the event of any conflict.

The Commission will be calculated every month and will be paid within 30 days of the end of the calendar month in which the Commission accrued.

Negative Carryover

If the Affiliate carries a negative Commission balance at the end of a month, the negative balance will be reset to zero at the beginning of the following month. However, if the negative balance is a result of a chargeback adjustment, it will be carried over until this negative amount is cancelled out by positive earnings.

Methods of payment

The method of payment shall be wire transfer (and/or via third-party payment providers such as Neteller or Skrill). The Company reserves the right to charge to the Affiliate any payment processing fees imposed by payment providers. Local Affiliates will be paid either on their Olabet account or their phone number/bank account.

Chargeback

Chargebacks shall be deducted from the Affiliate’s Commission as a result of Players non-payment, fraudulent payment method use, or on the grounds the Player’s payment transaction is revoked and for which a credit is given.

If it is suspected that one of the players associated with your account is at a high risk of chargeback, we reserve the right to hold back earnings from that player for three months.

Suspension for inactivity

IF THE AFFILIATE FAILS TO REFER ANY NEW PLAYERS TO THE CUSTOMER IN ANY SIX-MONTH PERIOD THEN, IN ADDITION TO ITS RIGHTS, THE COMPANY RESERVES THE RIGHT AT ITS DISCRETION TO EITHER:

REDUCE FUTURE COMMISSION TO 5% OF NET REVENUE (OR SUCH OTHER FIGURE AS THE COMPANY MAY FROM TIME TO TIME DECIDE) UNTIL FURTHER NEW PLAYERS ARE INTRODUCED; OR

SUSPEND THE AFFILIATE’S ACCESS TO THE SOFTWARE AND FORFEIT FUTURE COMMISSION PAYMENTS, SUCH SUSPENSION AND FORFEITURE TO CONTINUE UNTIL THE COMPANY ELECTS OTHERWISE.

Other payment provisions

THE COMPANY MAY WITHHOLD PAYMENT OF ANY COMMISSION IF IT HAS REASONABLE GROUNDS FOR BELIEVING THAT THE AFFILIATE HAS BREACHED ANY TERM OF THIS CONTRACT OR HAS ACTED DISHONESTLY. DISHONEST BEHAVIOUR MIGHT INCLUDE ENCOURAGING PERSONS TO REGISTER WITH THE COMPANY SOLELY TO OBTAIN CPA PAYMENTS IN CIRCUMSTANCES WHERE THOSE PERSONS HAVE NO INTENTION TO DEPOSIT ANY MONEY WITH THE COMPANY.

The Company may also withhold payment of any Commission if it has reasonable grounds for believing that the payment of such Commission may cause the Company or the Affiliate to be in breach of any applicable laws, rules or regulations in any jurisdiction.

The Affiliate agrees to promptly repay to the Company on demand any monies already paid to it arising from any of the circumstances together with all reasonable legal costs and other expenses incurred by the Company in investigating the matter and recovering any losses that it has suffered.

If an error is made in the calculation of any Commission, the Company reserves the right to correct such error and reclaim any overpayment made (and may reduce future payments which might otherwise be due accordingly). Except in the case of manifest error or fraud, the Company’s calculation of Commission shall be final.

All amounts payable by the Company under the Contract are inclusive of amounts in respect of value-added tax chargeable for the time being (“VAT”). The Company may, without limiting its other rights or remedies, set off any amount owed to it by the Affiliate against any amount payable by the Company to the Affiliate under the Contract.

Cash-back

Affiliates are permitted to run cash-back schemes, if such schemes are organised, managed and funded by the Affiliate.

The Affiliate must ensure that all the information needed to run the cash-back scheme is made available to them. Under no circumstances will the Company provide the Affiliate with personal information and contact details for the referred players.

Intellectual Property

IP remains owned by the original party

Each party shall retain all Intellectual Property Rights in its name, logos, slogans, trademarks and any other material that it currently uses or may use in the future.

Grant of limited licence

The Company grants to the Affiliate a non-exclusive, revocable, royalty-free licence to use the Company Materials for the duration of this Contract solely to perform the Affiliate Services. Except as provided in this Contract or by law, the Affiliate shall not be permitted to copy, modify or reverse engineer the Company Materials.

No keyword bidding

The Affiliate agrees that it will not bid on any keywords or search terms used by internet search engines if the keyword or search term is identical to or a variant of or might be confused with any trademarks, slogan or other intellectual property utilised by the Company.

No domain name registration

The Affiliate will not buy or promote any domain which uses disallowed key terms. This includes any of the Company’s brands. Disallowed key terms also include related key terms, related brand names, or any expression that includes the words associated with or variation of the marketed terms. The Company will provide details of its registered trademarks on request.

Indemnity

THE AFFILIATE SHALL KEEP THE COMPANY INDEMNIFIED IN FULL AGAINST ALL COSTS, EXPENSES, DAMAGES AND LOSSES (WHETHER DIRECT OR INDIRECT), INCLUDING ANY INTEREST, FINES, LEGAL AND OTHER PROFESSIONAL FEES AND EXPENSES AWARDED AGAINST OR INCURRED OR PAID BY THE COMPANY AS A RESULT OF OR IN CONNECTION WITH:

ANY CLAIM or sanction MADE AGAINST or imposed on THE COMPANY BY Any THIRD PARTY or regulatory authority ARISING OUT OF, OR IN CONNECTION WITH, THE SUPPLY OF THE AFFILIATE SERVICES, TO THE EXTENT THAT SUCH CLAIM ARISES OUT OF THE BREACH OR NEGLIGENT PERFORMANCE OF THE CONTRACT BY THE AFFILIATE, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; AND

ANY CLAIM BROUGHT AGAINST THE COMPANY FOR ACTUAL OR ALLEGED INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF, OR IN CONNECTION WITH THE AFFILIATE SERVICES (SAVE TO THE EXTENT THAT THE CLAIM HAS ARISEN DUE TO THE ACTS OR OMISSIONS OF THE COMPANY).

Termination

The contract can be terminated at any time

EITHER PARTY MAY TERMINATE THIS CONTRACT AT ANY TIME, (AND WITHOUT NEEDING TO GIVE REASONS) BY SERVING 7 DAYS’ NOTICE ON THE OTHER PARTY IN WRITING.

What to do when the Contract ends

On termination of the Contract for any reason the Affiliate shall immediately cease providing the Affiliate Services and shall immediately, and in any event within 48 hours:

remove all Company Materials together with any other references to the Company from its website together with any other reference to the Company;

destroy any electronically stored information that the Affiliate has been given by the Company (including any Company Materials that the Affiliate has downloaded);

destroy any hard copies of materials produced by the Affiliate to perform the Affiliate Services; and

on request, certify to the Company that it has complied with the provisions of this clause.

In the event the Company cannot cancel your Promotional Rights (and in any event), the Company shall be entitled to disable your tracking code(s) with immediate effect.

No trailing Commission

On and from the date of termination of the Contract, the Company shall have no further obligation to pay any Commission to the Affiliate other than concerning Commission accrued up to the date of termination.