AFFILIATE PROGRAM TERMS AND CONDITIONS
Definitions
Springbok Casino Affiliates is referred to as 'we' or 'the Company'
The Affiliate is referred to as "you" or 'the Affiliate'
'The Website' means the http://affiliate.springbokcasino.co.za/ platform used through desktop, mobile or other platforms utilised by the Affiliate
Kindly read the Affiliate Program terms and conditions carefully before making any application to join the Affiliate Program. These terms and conditions explain what you need to know before you apply to join our affiliate program, including who we are, how you or we may alter or end the affiliate contract between us, who to contact if there is a problem, how you will be paid, and other important information. These terms and conditions also set out important regulatory and compliance information which you must observe as a condition of your taking part in our affiliate program.
1. Agreement
1.1 This Affiliate Agreement (the “Agreement”) sets out the terms and conditions between the Company and you.
1.2 By completing and submitting an account application, you warrant the following:
a) You have read and understood the terms and conditions.
b) If the application is accepted, you will perform your obligation under this agreement with due care and skill and in a proper and professional manner.
c) The information contained in the application is true and correct.
2. Affiliate Application and Acceptance
2.1 The Company retains the sole and absolute discretion at all times to decide who may join the Affiliate Program and, subsequently, who may remain in the Affiliate Program. This Agreement sets out various reasons and events whereby you may not join the Affiliate Program or where, having been accepted by us and joined to the Affiliate Program, this Agreement may be terminated with the effect that you leave the Affiliate Program. These specific instances are without prejudice to the Company´s general right to reject any such applications and disqualify from membership of the Affiliate Program any such affiliates as it, in its sole discretion, considers fit.
2.2 The Affiliate and the Company enter into a non-exclusive referral arrangement as independent contractors. The Affiliate and his/her website are not employees, partners, sales agents, franchisees, joint-venture partners or in any other way interested or related parties. The Company has no responsibility or liability with regard to the affiliate website or the Affiliate’s business, nor does the Affiliate have any interest whatsoever in the business of the Company.
2.3 We shall evaluate the affiliate application form submitted by yourself and shall inform you in writing whether the application has been accepted or not. We will, in our sole discretion, determine whether or not to accept your application and our decision is final and not subject to any right of appeal. In the event that we decide to refuse your application, this Agreement shall be terminated with immediate effect. For the avoidance of doubt, you understand that no compensation shall be due prior to acceptance of your application by us.
2.4 You warrant that all information provided when applying to join the Affiliate Program, including all information you provided in the affiliate application form, is correct and that you will notify us promptly of any changes or updates to any such information during the term of this Agreement.
3. Marketing
3.1 We shall provide you with all information and marketing material necessary for the display of and linking to the relative advertising campaign.
3.2 You agree to effectively market and promote the Company on the Affiliate site by displaying links to the advertising material according to our instructions and by referring customers to the Company site. This will be done solely and exclusively at your own cost and expenses. Unless otherwise agreed, advertising material shall be displayed permanently on the Affiliate site.
3.3 You will only use the tracking links and marketing materials provided by us via the Affiliate Program, unless specifically agreed in writing in advance by you and us. You will not alter any tracking link or marketing material unless specifically agreed in writing in advance by you and us.
3.4 The Affiliate must ensure that any advertisement or form of marketing
· is not indecent, offensive or an unsolicited advertisement.
· is based on fact.
· is not false, deceptive or misleading in any material way.
If the Affiliate does not follow these rules, the Agreement will be terminated with immediate effect.
3.5. You will not make deposits directly or indirectly to any customer account through his tracker(s) for your own personal use and/or the use of your relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the fees payable or to otherwise defraud us. Violation of this provision shall be deemed to be fraud.
3.6 You will not generate traffic to the Company site by illegal or fraudulent activity, particularly, but not limited to, artificially repeated clicks, forced clicks, sending spam, incorrect metatags, metatags on websites not being the approved Affiliate site for the relevant advertising campaign and multiple registrations.
3.7 You will not purchase, acquire, licence, register, seek to register or use any domain names, business names, company names, trademarks or other intellectual property that are substantially identical with or deceptively similar to any of our trademarks, domain names, identifiers or other intellectual property associated with us.
3.8 You will not purchase, acquire, licence, register, seek to register or use any keywords, search terms or other identifiers for use in any search engine, portal, social network, blog, sponsored advertising service, advertising network, or other search or referral service (e.g. as part of the Google AdWords program) that are substantially identical with or deceptively similar to any of our trademarks, domain names, identifiers or other intellectual property associated with us.
3.9 You will not use any metatag keywords on any Affiliate website that are substantially identical with or deceptively similar to any of our trademarks, domain names, identifiers or other intellectual property associated with us.
3.10 You are not allowed to use any URL or domain name containing any of our trademarks and/or other intellectual property for the intention of search engine optimization.
4. Reporting
4.1 The Company shall provide you with online access to the statistics of advertising campaigns and fees due, including information on impressions, clicks, registrations and net revenue generated as may be applicable.
4.2 You agree to place tracking links or to implement tracking code on the Affiliate site according to our instructions in order to ensure proper tracking of the actions of users of the Affiliate site including, but not limited to, impressions, clicks, registrations and deposits.
5. Monitoring
5.1 We reserve the right to monitor the Affiliate site in order to ensure you are complying with this Agreement, with the terms and conditions of one or more advertising campaigns and/or with the applicable legislation.
6. Intellectual Property
6.1 Affiliate Licence: The Company hereby grants to the Affiliate a limited, revocable, personal, non-assignable, non-sub-licensable, non-exclusive and royalty-free licence to use the marketing material in accordance with the marketing guidelines on the Affiliate sites for the sole purpose of inviting potential referred players to click on the tracking links to our sites. The Affiliate is not permitted to alter or modify any of the marketing material in any way without the express, prior written consent of the Company.
6.2 The rights of the Affiliate are limited to the Affiliate’s permission to post the banner(s) provided by the company, on the Affiliate website and to link the banner(s) to the URL provided by the Company. The Affiliate may not in any other manner represent or market the services of the Company, nor may he/she use the logos and trademarks of the Company or present him/herself to be in any way affiliated with the Company other than as a linking affiliate, without the expressed written consent of the Company. The Affiliate agrees to indemnify and hold the Company, its directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this referral program.
7. Commission and payment
7.1 All affiliate arrangements are by default done on a revenue-share basis. The Company does not work on a CPA, CPC, CPM, etc. basis, unless otherwise stipulated in written form.
7.2 Commission is calculated, and paid, based on the adjusted net win.
7.2.1 “Adjusted Net Win” = player net win minus multi-cash adjustments (jackpot contribution minus jackpot pay-outs) minus non-cash credits plus non-cash debits.
7.2.2 Commissions are processed at the beginning of each calendar month. If the account is negative (e.g. because customer winnings have exceeded customer losses), this negative amount will NOT be carried over until the following month.
7.3 The revenue schedule is established by the Company from time to time and is subject to change without notice.
7.4 The Company reserves the right to withhold any payment due to the Affiliate in order to ensure that the correct amount is owed and paid.
7.5 The Affiliate may himself/herself be a playing customer at the Company´s casino, however, under no circumstances may the Affiliate either directly or indirectly be compensated referral fees for his/her own play.
7.6 Refer an affiliate: Affiliates may refer other affiliates to the Affiliate Program (Refer-An-Affiliate). However, the Affiliate will earn a certain percentage of the referred affiliate’s adjusted net win, only if previously agreed on.
7.7 You shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity as a result of the revenue generated by yourself under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid, but found to be due by you in this regard.
7.8 If you disagree with the balance due as reported, you shall, within a period of fifteen (15) days, send an email to us and indicate the reasons of such disagreement. Failure to send an email within the prescribed time limit shall be deemed an irrevocable acknowledgment of the balance due for the respective period.
8. Changes to this Agreement
8.1 The Company reserves the right to amend, alter, delete or add to any of the provisions of this Agreement, at any time and at its sole discretion, without giving you any advance notice subject to the terms and conditions set out in this Agreement. Any such changes will be posted on the Affiliate Program site.
8.2 Your continued participation in the Affiliate Program, use of the Company site or Casino´s services confirms your irrevocable acceptance of this Agreement and any amendments or modifications thereto and therefore you shall be obliged to continuously comply with the terms and conditions of this Agreement, as well as to comply any other rules and/or guidelines made known to you from time to time on the Springbok Casino Affiliate site.
9. Confidentiality and Data Protection
9.1 Except as otherwise provided in this Agreement, each party shall keep all confidential information of the other party in confidence and use such information only for the purpose of the Agreement. Confidential information must not be used for your own commercial or other purposes or divulged to any person or third party, directly or indirectly, unless the prior explicit and written consent of the Company has been obtained.
9.2 The parties shall together determine the content of any communications concerning the relationship between the parties. Such communications shall be issued at a time and a manner agreed by the parties.
9.3 You warrant that you will comply with the provisions of applicable data protection legislation.
9.4 Clause 9 shall survive the termination of this Agreement.
10. Term and Termination
10.1 The Affiliate must remove Company banners and links from the Affiliate’s website.
10.2 All rights provided to the Affiliate with regard to the present agreement shall immediately terminate.
10.3 The Affiliate will only be entitled to those unpaid referral fees, if any, earned by the Affiliate on or prior to the date of termination. The Affiliate will not be entitled to referral fees with respect to play occurring after the date of termination or if his referred players are under suspicion of fraudulent activities.
10.4 You will only be entitled to those earned and unpaid fees as of the effective date of termination provided that we may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
10.5 If an Affiliate been inactive for a period of two years, "inactive" meaning that he/she has not logged into his/her accounts and has not responded to the Company´s efforts, the Company reserves the right to close the Affiliate account, as well as the administrative player account.
10.6 If your affiliate and player accounts are deemed to be “inactive”, the Company reserves the right to forfeit any balance in your accounts.
10.7 Obligations under this agreement do not constitute personal obligations of the Company or its directors, officers or shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
10.8 If the Affiliate does not follow those rules, the Agreement will be terminated with immediate effect.
If you have any questions, please do not hesitate to contact us: [email protected]