1. Our Rights and Obligations
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. 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. 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 (“Referral Commission”) of 30% of the net profit (defined below)
we earn from players directed from your media house/Print after they open an account with us and wager for real money at either Sports at Kwikbet, Virtual Games at Kwikbet or Jackpot at Kwikbet.
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
1.5 Electronic Commerce
You acknowledge and agree that regulations 9(1) and 9(2) (information to be provided by electronic means).
1.6 Your Application
TO become a member of our affiliate programme you will need to accept these terms and conditions by signing of this agreement.
2. 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 promo code that your audiences may enter in our website when registering. 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
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 Contacting Us. Approval is solely at our discretion.
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 30% 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;
(v) returned stakes;
(vi) transactions which are reversed by instruction from the card-holder’s bank (commonly referred to as charge-backs);
(vii) voids and
(viii) bet/deposit bonuses.
– on games activity, the gross stake, less
(iii) monies paid in the form of duties or taxes (or reasonable provisions in respect thereof)
(iv) licensing fees,
(v) credits made to users,
(viii) bad debts and
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, virtual games or jackpot earnings. Negative commission balances in either sports, virtual games or jackpot will not be deducted from available commissions. This will not affect previous earnings. However, every month we shall reset all affiliate accounts to zero after we issue payment.
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 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 you 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.
Minimum Payout Request
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’.
An active referred Customer is defined as a visitor to your site(s) who has clicked through to a Kwikbet Website via your click-thru link, has registered as a customer, deposited funds to their customer account and conducted betting or playing activity in one or more Kwikbet products – Sports at Kwikbet, Virtual Games at Kwikbet or Jackpot at Kwikbet.
4.2 Referral Commission Payment Currency
All Referral Commission Payments will be due and paid in Kenya Shillings. Where currency conversion is required, all amounts are converted at the of RTGS Bank Transfer.
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.
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, virtual games or jackpot account. The programme is intended for professional website publishers.
7. 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.
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.
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.
10. 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.
11. 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.
12.1 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.
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.
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.
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.
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.