Affiliates
- Our
Terms and Conditions
1.1 Register your customers We will
register your customers and track their transactions for the period of this
agreement. We reserve the right to refuse Customers (or to close their
accounts) if necessary, to comply with any requirements we may periodically
establish. “Customer” means your visitors who joins our customer database (by
way of registering at one or more of our products/websites including Sports,
Virtual Games and Jackpot) after arriving at the applicable site(s) via one of
your click-thru URLs, which will be provided to you when you join the affiliate
program. By opening an account with us, they will become our customers and
accordingly, all of our rules, policies, and operating procedures will apply to
them. Customers registered through your mediums will be tracked by an agreed
keyword that they will feed on our website or send via SMS when registering to
the Kwikbet Platform or by created link on the affiliate portal. It will
therefore be your sole responsibility to ensure you communicate this clearly
through your mediums.
1.2 Track Customers’ Play We shall offer
a tracking portal for the period of this agreement of your Customers’ bets and
plays making available to you a report summarizing their activities, which you
can access from a Portal (URL) that we shall provide.
1.3 Pay a Referral Commission We will pay
you referral commission of 20% of the net profit (defined below) we earn from
players directed by you after they open an account with us and wager for real
money at either Sports at Kwikbet or Virtual Games at Kwikbet.
1.4 Modification We may modify, after
written notification via email, any of the terms and conditions contained in
this Agreement or replace it at any time and in our sole discretion by written
amendment. Modifications may include, for example, changes in the scope of
available Referral Commissions and Affiliate program rules. If any modification
is unacceptable to you, we have room for discussions. However, if after
discussion the modifications is unacceptable to you, your only recourse is to
terminate this Agreement. Your continued participation in our affiliate
programme following our posting of a change notice or new agreement on our site
will constitute binding acceptance of the modification or of the new agreement.
- Your
Rights and Obligations
2.1 Linking to our Websites
By agreeing to participate in this Affiliate programme, you
are agreeing to advertise KWIKBET through your Media in an agreed manner. You
will refer us to your audience via a SMS Code or referral link/URL that your
audiences use to access our website. You may also link to us with any of our
banners, e-mails, articles or with a text link on your other platforms.
2.2 Minimum Referral Requirement
All Kwikbet affiliates are required to refer a minimum of 5
active Customers within a three-month period of joining the program. Should an
affiliate not reach this requirement we shall communicate this to you and
request change in way of promotion to reach at least Minimum Referral
Requirement. If your effort is still insufficient, we have the right to modify
the Agreement as per clause 1.4
2.3 Spamming
We will terminate this Agreement immediately without
recourse for you if there is any form of spamming or if you advertise our
services in any other way other than agreed way. You shall not make any claims
or representations, or give any warranties, in connection with us and you shall
have no authority to, and shall not, bind us to any obligations.
2.4 Registering of Domain Names
You shall also refrain from registering (or applying to
register) any domain name similar to any domain name used by or registered in
the name of any member of the Kwikbet group, or any other name that could be
understood to designate the Kwikbet brand.
2.5 Bidding on Brand Terms
You 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 any of the Kwikbet group’s trademarks or otherwise include the word
“Kwikbet”, “Kwikbetjackpot”, “Kwikbetvirtual” or variations thereof, or include
metatag keywords on the Partner Site which are identical or similar to any of
the Kwikbet group’s trademarks.
2.6 Agency Appointment
By this Agreement, we grant you the non-exclusive,
non-assignable, right to direct Customers to any of our sites in accordance
with the terms and conditions of this Agreement. This Agreement does not grant
you an exclusive right or privilege to assist us in the provision of services
arising from your referrals, and we obviously intend to contract with and
obtain the assistance of others at any time to perform services of the same or
similar nature as yours. You shall have no claim to Referral Commission or other
compensation on business secured by or through persons or entities other than
you.
2.7 Approved Layouts
You will only use our approved advertising creatives and
materials (banners, html mailers, editorial columns, images and logos) and will
not alter their appearance nor refer to us in any promotional materials other
than those that are available from www.Kwikbet.co.ke. In particular please do
not create a direct link to the promotional materials on any Kwikbet Website.
Any special modifications on any of our marketing materials may be requested
and mutually agreed upon before being aired on your mediums.
2.8 Good Faith
You will not knowingly benefit from known or suspected
traffic not generated in good faith whether or not it actually causes us
damage. We reserve the right to retain all amounts otherwise due to you under
this Agreement if we have reasonable cause to believe of such traffic. We
reserve the right to withhold affiliate payments and/or suspend or close
accounts where affiliated customers are found to be abusing any Kwikbet offers
or promotions whether with or without your knowledge. Such situations to include
but not be limited to different customers betting both sides of an event or
market so as to limit risk and claim bonuses.
2.9 Responsibility for Your Site
You will be solely responsible for the development,
operation, and maintenance of your mediums and for all materials that appear on
your media. For example, you will be solely responsible for ensuring that
materials posted on your mediums are not libelous or otherwise illegal. We
disclaim all liability for these matters. Further, you will indemnify and hold
us harmless from all claims, damages, and expenses (including, without
limitation, legal fees) arising directly or indirectly out of the development,
operation, maintenance, and contents of your site. The Kwikbet affiliate
programme is intended for your direct participation. You shall not open
affiliate accounts on behalf of other participants. Opening an affiliate
account for a third party, brokering an affiliate account or the transfer of an
affiliate account is not accepted. Affiliates wishing to transfer an account to
another beneficial account owner must request permission to do so by writing an
official email to any of our support emails. Approval is solely at our
discretion.
2.10 Affiliation
This agreement warrants no direct affiliation between your
company and Kwikbet Brand.
2.11 License to use Marks
We hereby grant to you a non-exclusive, non-transferable
license, during the term of this Agreement, to use our trade name, trademarks,
service marks, logos and any other designations, which we may from time to time
approve (“Marks”) solely in connection with the display of the promotional
materials on your site. This license cannot be sub-licensed, assigned or
otherwise transferred by you. Your right to use the Marks is limited to and
arises only out of this license. You 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. You must notify us immediately if you
become aware of the misuse of the Marks by any third party.
2.12 Confidential Information
During the term of this Agreement, you may be entrusted with
confidential information relating to our business, operations, or underlying
technology and/or the Affiliate programme (including, for example, Referral
Commissions earned by you under the Affiliate programme). You agree to avoid
disclosure or unauthorized use of any such confidential information to third
persons or outside parties unless you have our prior written consent and that
you will use the confidential information only for purposes necessary to
further the purposes of this Agreement. Your obligations with respect to
confidential information shall survive the termination of this Agreement.
2.13 Data Protection
You shall at all times comply with the Data Protection.
3.Referral Commission Calculation
3.1 The Referral Commission
You will earn a Referral Commission of 20% based on the net
profit of your referred Customers. Net profit is defined as: – on sports
activities, all gross monies received by us in respect of all settled bets made
by Customers after deducting; (i) monies paid out to Customers as winnings;
(ii) monies paid in the form of betting duties or taxes (or reasonable
provisions in respect thereof) (iii) bad debts; (iv) fraud; (v) returned
stakes; (vi) voids and (vii) bet/deposit bonuses. – on games activity, the gross
stake, less (i) voids, (ii) returns, (iii) monies paid in the form of duties or
taxes (or reasonable provisions in respect thereof) (iv) licensing fees, (v)
credits made to users, (vi) bonuses (vii) charge-backs, (viii) bad debts and
(ix) fraud. We retain the right to change the Referral Commission percentage
and method of calculation of Referral Commission as we wish in accordance with
clause 1.4.
3.2 Payable Commission Calculations
Affiliates are eligible for payment on the balance of their
sports or virtual games earnings. Negative commission balances will not be
deducted from available commissions. This will not affect previous earnings.
3.3 Commission Period Affiliates shall
earn a referral commission for a period of 12 Months from the day of agreement
subject to renewal on an annual review of this agreement which will be done at
the end of the 12 months.
4.Referral Commission Payouts
4.1 Referral Fee Payout Requests
Your Kwikbet affiliate account must have a minimum of 5
active referred Customers before you will be eligible for Referral
4.2 Commission payment.
You are entitled to one payout per month, providing you have
fulfilled the above Customer requirement at the end of the preceding month. You
agree that a self-billing procedure is in place between you and Kwikbet in
respect of payment of Referral Commissions. Under the self-billing procedure,
if you wish to request payment of any Referral Commission you must make the
payment request via your account on the Kwikbet affiliate system following
which we will raise an invoice showing all required particulars for the
applicable Referral Commission on your behalf, which you agree to accept.
Payment of any invoice will be made in accordance with and subject to the terms
set out below. You agree not to raise any VAT invoice in respect of your
affiliate services. You agree to notify us if you make any changes to the
ownership of your business or your VAT registration. This self-billing
procedure will remain in place for the term of this Agreement. If your contract
with Kwikbet in accordance with the terms of this Agreement the following shall
apply to you: (i) it is understood that no VAT will be charged on the invoices
and that in relation to affiliate services to Kwikbet that company will account
for any VAT under the reverse charge; (ii) you agree and acknowledge that any
and all VAT obligations which you may have remain exclusively your obligations
and that Kwikbet, by agreeing to issue invoices on your behalf in accordance
with the self-billing procedure referred to above, does not in any way accept
and/or assume any responsibility to ensure compliance with such VAT obligations
beyond issuing the invoice on your behalf. The minimum payout request
for earned Referral Commission per month is in KSH. There is no maximum limit.
|
Currency |
Minimum Payout Request |
|
Kenya Shillings |
KES 1,000 |
Referral Commission payments may be requested: (i)
RTGS Bank Transfer Please be aware that although Kwikbet will not
deduct any charges for arranging a bank transfer, your own bank may choose to
levy a charge on such transactions. Bank transfer will appear on your bank
statement with reference ‘Solami Limited’.
5.Term and Termination, Consequences and Unsuitable
Sites
5.1 Term and Termination
The term of this Agreement will begin when you are approved
as an affiliate and will be continuous unless and until either party notifies
the other in writing that it wishes to terminate the Agreement, in which case
this Agreement will be terminated immediately. Termination is at will, with or
without reason, by either party. For purposes of notification of termination,
delivery via e-mail is considered a written and immediate form of notification.
5.2 Consequence Upon termination you must
remove all of our banners/icons from your site and disable all links from your
site to all Kwikbet Websites. All rights and licenses given to you in this
Agreement shall immediately terminate. You will return to us any confidential
information, and all copies of it in your possession, custody and control and
will cease all uses of our Marks.
5.3 Unsuitable Sites We may terminate
this Agreement if we determine (in our sole discretion) that your 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.
5.4 Duplicate Accounts and Self Referrals You
shall not open more than one affiliate account without our prior written
consent nor will you earn commission on your own or related person’s Kwikbet
sports or virtual games. The programme is intended for professional website
publishers.
6.Relationship of Parties
We and you are independent contractors and nothing in this
Agreement will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between us. You will have no
authority to make or accept any offers or representations on our behalf. You
will not make any statement, whether on your site or otherwise, that would
contradict anything in this Agreement.
7.Indemnity
You shall defend, indemnify, and hold us, our directors,
employees and representatives harmless from and against any and all
liabilities, losses, damages and costs, including legal fees, resulting from,
arising out of, or in any way connected with (a) any breach by you of any
warranty, representation or term contained in this Agreement, (b) the
performance of your duties and obligations under this Agreement, or the
unauthorized use of our banners and links or this Affiliate programme.
8.Disclaimers
We make no express or implied warranties or representations
with respect to the Affiliate programme, about ourselves or the Referral
Commission payment arrangements (including, without limitation, functionality,
warranties of fitness, merchantability, legality or non-infringement), and do
not express nor imply any warranties arising out of a course of performance,
dealing, or trade usage. In addition, we make no representation that the
operation of our sites 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 in the www.Kwikbet.co.ke system and the Kwikbet
database, the database shall be deemed accurate.
9.Limitation of Liability
We and you will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits, or data) arising in
connection with this Agreement or the affiliate programme, even if we have been
advised of the possibility of such damages. Further, our and your aggregate
liability arising with respect to this Agreement and the affiliate programme
will not exceed the total Referral Commissions paid or payable to you under
this Agreement. Nothing in this Agreement shall be construed to provide any
rights, remedies or benefits to any person or entity not a party to this
Agreement. Our and your obligations under this Agreement do not constitute
personal obligations of our and your directors, employees or shareholders. Any
liability arising under this Agreement shall be satisfied solely from the
Referral Commission generated and is limited to direct damages.
10.Independent Investigation
You acknowledge that you have read this Agreement and agree
to all its Terms and Conditions. You understand that we may at any time
(directly or indirectly) solicit customer referrals on terms that may differ
from those contained in this Agreement or operate or contract with websites
that are similar to or compete with your website. You have independently
evaluated the desirability of participating in this Affiliate programme and are
not relying on any representation, guarantee, or statement other than as set
out in this Agreement.
11.Miscellaneous
11.1 Governing Law
The laws of Kenya will govern this Agreement, without
reference to rules governing choice of law. Any action relating to this
Agreement must be brought in Kenya and you irrevocably consent to the
jurisdiction of its courts.
11.2 Assignability
You may not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of, and be enforceable
against you and us and our respective successors and assigns.
11.3 Non-Waiver
Our failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this Agreement.
No modifications, additions, deletions or interlineations of this Agreement are
permitted or will be recognized by us. None of our employees or agents has any
authority to make or to agree to any alterations or modifications to this
Agreement or its terms.
11.4 Remedies
Our rights and remedies hereunder shall not be mutually
exclusive, that is to say that the exercise of one or more of the provisions of
this Agreement shall not preclude the exercise of any other provision. You
acknowledge, confirm, and agree that damages may be inadequate for a breach or
a threatened breach of this Agreement and, in the event of a breach or
threatened breach of any provision of this Agreement, we may seek enforcement
or compliance by specific performance, injunction, or other equitable remedy.
Nothing contained in this Agreement shall limit or affect any of our rights at
law, or otherwise, for a breach or threatened breach of any provision of this
Agreement, its being the intention of this provision to make clear that our
rights shall be enforceable in equity as well as at law or otherwise.
11.5 Severability/Waiver
Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law
but, if any provision of this Agreement 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 this Agreement or any provision hereof. No waiver will be implied
from conduct or failure to enforce any rights and must be in writing to be
effective.
12 How To Join
To join our Affiliate program click HERE and BYOB (Be Your Own Boss)