Terms and conditions of the 888Starz Partners affiliate program
(hereinafter – «the Agreement»)
General definitions
The Company – individual, or group of individuals that organizes the 888Starz Partners affiliate program and owns the rights to the 888Starz brand.
The 888Starz brand – trademarks, logos, domain names, corporate identity, and other intellectual property used by the Company.
Company Resources – the Company's websites and mobile applications, the subject of which is the provision of betting services.
Company Products – services or a set of services offered to users on the Company's Resources.
Affiliate Program – cooperation between the Company and the Affiliate, under which the Affiliate places advertisements for the Company's Products on its own resources in order to attract new users and receives a Commission for this.
Affiliate – webmaster (individual or legal entity) who complies with the terms and conditions of the Program.
Affiliate account – the Affiliate's personal account in the Affiliate system.
New users – users who previously did not have an account on the Company's Resources, registered via the Affiliate's referral link, and made their first deposit.
Referral link – a unique URL that leads to the Company's Resources and contains the Affiliate's ID.
Commission – Affiliate's remuneration in the amount of a fixed percentage of the Company's profit received from new users attracted by the Affiliate.
Payment – transfer of commission to the Affiliate from their internal account to an external payment system.
Promotional materials – text, graphic, audio, video, and mixed materials used to promote the Company's Products.
Fraudulent traffic – any activity of the Affiliate within the Affiliate Program aimed at receiving Commission using illegal methods of attracting traffic, as well as any actions that, in the opinion of the Company, are unfair and/or aimed at deceiving the Company, regardless of whether actual damage was caused. Fraudulent traffic includes, but is not limited to: transactions using stolen credit or debit cards; chargebacks; collusion with interested parties; manipulation of the Affiliate Program, bonuses, and other reward mechanisms; creating fake accounts to receive Commission; using other people's accounts; using unfair external factors or influences (e.g., deception) or unfairly using the Company's services, including, but not limited to, exploiting any loopholes in the software; using VPNs or proxy servers to conceal or alter the location or identification data of the device used to access the Company's Resources; committing fraudulent acts or other criminal activities.
1. General terms and conditions
1.1. The Affiliate undertakes to familiarize themselves with the terms and conditions of the Affiliate Program and accept them before starting work with the Company.
1.2. By registering in the Affiliate Program, the Affiliate guarantees:
- for individuals - full legal capacity and attainment of legal age in accordance with the legislation of their country of residence;
- for a legal entity лица – full legal capacity and registration in accordance with applicable law, as well as the necessary corporate authority to enter into and perform this Agreement. The Company shall not be liable to third parties for the Affiliate's failure to comply with this provision. In the event of a breach of this warranty, the Company shall have the right to terminate the cooperation without making any Payments.
1.3. The Affiliate is solely responsible for the security and storage of personal data, including login details and passwords. The Company shall not be liable for any loss of personal data by the Affiliate and/or its transfer to third parties.
1.4. Through the Affiliate Program, the Company reserves the right to refuse cooperation with any Affiliate, and the Company is not obliged to justify its refusal.
1.5. The Company reserves the right to unilaterally make any changes or additions to this Agreement without prior notice to the Affiliate. Any changes or amendments shall take effect immediately upon publication on the Affiliate's Resources. The Company may, but is not obligated to, notify the Affiliate of such changes. The Affiliate is responsible for regularly checking this Agreement and the Affiliate's Resources for changes. Continued participation in the Affiliate Program after the publication of changes means that the Affiliate accepts the new version of the Agreement. The version published on the Affiliate Program website is considered the current Agreement.
1.6. An Affiliate may only register for the Affiliate Program once; re-registration, including as a sub-affiliate, is strictly prohibited.
2. Promotional materials
2.1. Cooperation between the parties within the framework of the Affiliate Program provides for the placement of Promotional Materials by the Affiliate on the Affiliate's Resources.
2.2. When placing Promotional Materials as part of its cooperation with the Company, the Affiliate guarantees compliance with applicable laws, regulatory requirements, and ethical standards; use of only Promotional Materials approved by the Company.
2.3. In the event that Promotional Materials are developed by the Affiliate, the Affiliate undertakes to obtain the Company's prior written consent for their placement.
2.4. The Affiliate undertakes to ensure that the Promotional Material posted is up to date.
It is not permitted to place Promotional Materials that contain:
– incorrect terms and conditions for promotions, bonuses, and special offers;
– outdated creative content;
– an outdated Company logo;
– the name of the Company or links leading to the websites of competitors of the Company and the Brand.
In the event of irrelevant Promotional Materials being posted, the Company reserves the right to block the Affiliate Account.
2.5. The Affiliate guarantees that the placement of Promotional Materials complies with the laws of the country where they are placed and in the event of any claims by regulators and/or third parties.
If Promotional Material that violates this Agreement is found on the Affiliate's resource, the Affiliate will be sent a warning with a request to replace them within 5 (five) business days.
If the Affiliate fails to bring the Promotional Material into compliance with the Company's requirements, the Company reserves the right to block Payments until the relevant Promotional Material is posted.
In the event of regular violation of this condition of the Agreement, the Company shall be entitled to terminate this Agreement with the Affiliate without paying the Commission.
3. Affiliate Resources
3.1. Upon registration, the Affiliate undertakes to provide comprehensive information about the Affiliate's Resources that will be used by the Company within the framework of the Affiliate Program.
3.2. The Affiliate bears sole and full responsibility for the operation and content of the Affiliate's Resources or resources on which its Promotional Material is placed.
3.3. The Affiliate guarantees that the activities of the Affiliate's Resources comply with applicable law and undertakes not to allow the placement on its resource or the Affiliate's Resources of materials that are defamatory, age-restricted, illegal, harmful, threatening, obscene, racially or ethnically intolerant, or otherwise undesirable or discriminatory, violent, politically sensitive, or otherwise controversial, or that violate the rights of the Company or the rights of third parties or applicable law.
4. Intellectual property
All rights to the 888Starz brand belong to the Company.
4.1. The Affiliate is prohibited from copying, in whole or in part, the appearance of the Company's main Brand websites or individual landing pages, as well as websites of trademarks and brand names registered by the Company. Furthermore, the websites or landing pages of Affiliates must not give the impression that they are managed by or affiliated with the Company's main brand or any of its associated brands.
4.2. If, in the course of cooperation under this Agreement, the Affiliate develops Promotional Materials for the Company, the exclusive intellectual property rights to such Promotional Materials shall be transferred to the Company from the moment of their creation. The commission includes payment for the development and transfer of all intellectual property rights to such Promotional Materials.
4.3. The Affiliate undertakes not to copy, in whole or in part, the appearance of the Company's Resources and Brand, as well as websites containing trademarks and other intellectual property registered by the Company.
4.4. Affiliate Resources must not give the false impression that they are managed directly by the Company or Brand.
4.5. The Affiliate shall not use the Company's logos, graphics, and promotional materials without the consent of the Company's representatives, except for direct use in Promotional Material provided by the Company as part of the Affiliate Program.
4.6. The Affiliate undertakes not to register or use in the address (domain) of the website, its internal pages, and mobile applications the Brand name, a name identical or similar to the Brand to the extent of confusion, or the names of other brands of the Company. This includes the use of any names that consist wholly or partly of the Company's trademarks or are confusingly similar to them. The Affiliate agrees to the Company's right to determine the degree of confusion in this case.
4.7. The Affiliate shall not acquire, register, or use keywords, search queries, or other identifiers for use in any search engines, portals, advertising services, or other search/reference services that are identical or similar to any trademarks of the Company or any other brand owned by the Company, as well as meta tags on the Affiliate's website that are identical or similar to such trademarks.
4.8. The Affiliate shall not create pages and/or groups on any social networks (including, but not limited to, Facebook, Twitter, etc.) that could be mistaken for pages or groups managed by the Company.
The Affiliate also agrees not to create or distribute mobile or web applications, or websites that could be mistaken for applications or websites of the Brand and/or the Company.
4.9. In the event of a violation of clauses 4.1 – 4.8 of this Agreement, the Company shall have the right to revise the terms of cooperation.
5. Prohibited activities
5.1. The Affiliate undertakes to act on its own behalf and not to place Promotional Materials or distribute Promotional Materials on behalf of the administration, managers, or other employees of the Company and the Affiliate Program.
5.2. The Affiliate shall not contact potential customers in any way that would lead to competition between the Affiliate and the Company with regard to the promotion of the website or websites.
5.3. The following formats for placing Promotional Material are prohibited:
- postal spam - mass mailing of unsolicited electronic messages without the prior consent of the recipient;
- contextual advertising mentioning the Company's Brand;
- pop-up ads - a type of Internet advertising in which a new promotional tab or window automatically opens in the browser after the user clicks on the page, without their explicit consent to open this window;
- pop-under - an advertising window that automatically appears behind the active browser window without interrupting the user process, but remaining on the screen until it is closed manually.
5.4. The Affiliate agrees not to offer or provide incentives (financial or otherwise) for registration, deposit, or any other action to any potential New User without the prior written consent of the Company, except for standard promotional programs that the Company may offer from time to time as part of the Affiliate Program.
5.5. The Affiliate is prohibited from registering their own gaming account on the Company's Resources via their Referral Link, as well as colluding with other interested parties.
5.6. The Affiliate is prohibited from using cookie stuffing, namely:
– opening the Company's Resources in an iframe with zero size, as well as in an invisible area;
– installing tags, cookie scripts, and other similar manipulations for the purpose of receiving Commission.
5.7. The use of Fraudulent Traffic is strictly prohibited. Any actions by the Affiliate related to the attraction of Fraudulent Traffic will be considered a violation of the terms of this Agreement and will entail the consequences provided for in clause 7.4 of this Agreement.
6. Confidentiality
6.1. During the term of this Agreement, the Affiliate may be entrusted with confidential information relating to the Company's business, operations, technologies, and the Affiliate Program (including, for example, the Commission and other commission fees received by the Affiliate under the Affiliate Program).
6.2. The Affiliate agrees not to disclose or transfer any confidential information to third parties without the prior written consent of the Company. The Affiliate undertakes to use confidential information solely for the purposes of this Agreement. The Affiliate's obligations regarding confidential information shall remain in force even after the termination of this Agreement.
6.3. In the event of a violation of clauses 6.1 – 6.2 of this Agreement, the Company shall have the right to terminate the Agreement with the Affiliate and apply penalties in accordance with applicable legislation on the protection of confidential information.
7. Commission
7.1. The Affiliate's commission does not have a fixed value and depends on the Company's income received from New Users who registered via the Affiliate's Referral Link, as well as on the quality of traffic.
7.2. After registering in the Affiliate Program, the Affiliate receives a commission of 20 (twenty) % of the Company's net profit received from New Users attracted by the Affiliate within 3 (three) calendar months to increase turnover. After 3 (three) calendar months from the date of registration in the Affiliate Program, the commission amount is 15 (fifteen) % of the Company's net profit received from New Users attracted by the Affiliate, unless the parties have agreed on a different commission amount on an individual basis.
7.3. If the Affiliate fails to attract at least 3 (three) New Users within 3 (three) consecutive calendar months, the Company has the right to change the terms of cooperation, reduce the amount of the Commission, suspend the Affiliate Account in the Affiliate Program, and terminate the current Agreement with the Affiliate unilaterally.
7.4. The Company has the right, at its discretion, to conduct an audit of the Affiliate's activities in order to identify Fraudulent Traffic. The audit period may not exceed 90 days. During the audit period, payment of the Commission to the Affiliate shall be suspended. Detection of Fraudulent Traffic on the part of the Affiliate shall be considered a violation of this Agreement and may lead to a review of the terms of payment of the Commission, as well as other consequences provided for in this Agreement. For the avoidance of doubt, any income received as a result of Fraudulent Traffic will not be taken into account when calculating the Affiliate's Commission. The Company also reserves the right to withhold from future Commissions any amounts previously paid to the Affiliate if they are related to Fraudulent Traffic.
8. Payments
8.1. Payments are made weekly (NET-7) or monthly (NET-30) at the Company's discretion and depend on the volume and quality of the Affiliate's traffic.
8.2. The minimum payout amount is 100 (one hundred) US dollars or equivalent. To receive a payment, the Affiliate must attract at least 3 (three) active players during the billing period. Funds can be held in the account for no more than 6 (six) months from the date of the last activity; after this period, they will be forfeited.
8.3. In the event of technical failures or verification, payments may be delayed.
8.4. The currency and method of payment are determined by the Company.
9. Responsibility of the parties
9.1. The Affiliate shall bear sole and full responsibility for the operation and content of the Affiliate's Resources. In the event of a breach by the Affiliate of the terms of this Agreement or applicable law, the Company shall be entitled to terminate the Agreement unilaterally without paying any Commission, including any that may have been accrued prior to the date of termination.
9.2. The Affiliate undertakes to compensate the Company for any losses, including legal costs, that may arise as a result of third-party claims caused by the Affiliate's breach of the terms of this Agreement.
9.3. The Company shall not be liable for any indirect losses incurred by the Affiliate, including lost profits or loss of reputation, as a result of the termination of the Agreement or any other actions taken by the Company within the framework of the Affiliate Program, in particular:
– to third parties for the Affiliate's violation of the terms of the Agreement;
– for the loss of personal data by the Affiliate and/or its transfer to third parties;
– for any claims by third parties related to the activities of the Affiliate's Resources and/or the placement of Promotional Materials.
9.4. The Company makes no express or implied warranties regarding the Affiliate Program, Promotional Materials, or Company Resources, including, but not limited to, any warranties of fitness for a particular purpose, merchantability, legality, or non-infringement. The Company also does not guarantee the uninterrupted or error-free operation of the Company Resources and, accordingly, is not responsible for any consequences caused by interruptions or errors in their operation.
9.5. The Company makes no guarantees, representations, or commitments regarding the amount of Commission that the Affiliate may receive as a result of their participation in the Affiliate Program. The amount of Commission depends on a variety of factors, including, but not limited to, the activity of New Users attracted by the Affiliate and the Affiliate's compliance with all terms and conditions of this Agreement.
9.6. The maximum amount that the Company may pay in the event of any lawsuit, claim, or damage related to this Agreement is limited to the amount of the Commission actually paid to the Affiliate for the last month prior to the claim arising.
10. Dispute resolution
10.1. The parties undertake to resolve all disputes and disagreements arising from this Agreement through negotiations. In the event of a dispute, the Affiliate may send a written complaint to the email address of the Affiliate Program support service specified on the Affiliate Program website, providing a detailed description of the dispute.
10.2. The company has the right to refuse to consider a complaint if:
- the Affiliate fails to provide evidence of no violation,
- the complaint contains profanity, incitement to violence, or false accusations. Such actions by the Affiliate are considered a violation of this Agreement.
10.3. The complaint review period is 14 (fourteen) business days from the date of receipt.
10.4. The decision made by the Company is final and not subject to review. The Company reserves the right not to consider complaints.
The terms and conditions of this Agreement shall be deemed accepted by the Affiliate upon registration in the Affiliate Program. The Affiliate undertakes to carefully review the terms and conditions of this Agreement prior to registration.
Terms and Conditions (The Republic of Kenya)
Rules
These rules (hereinafter referred to as the "Agreement") shall govern your cooperation and lay out the procedure for your participation as an "Affiliate" in the 888starz Affiliate Programme. The Affiliate agrees and undertakes to be bound by this Agreement, which may be amended from time to time.
Key terminology
"Client" shall refer to the client of the Affiliate Programme
"Offer" shall refer to the offer and terms and conditions of cooperation under the Affiliate Programme providing an offer on behalf of the Client and other terms and conditions that the Client and the Affiliate Programme may consider it necessary to include.
"Affiliate Programme Website" shall refer to the 888starz.partners Affiliate Programme website available on the link 888starz.partners.
"Sub-Affiliate" shall refer to an independent third party hired by the Affiliate.
Guidelines for participating in the Affiliate Programme
888Starz Affiliates allows Affiliates to participate in the Affiliate Programme subject to compliance with the terms and conditions of the Agreement and other rules established by the Affiliate Programme representatives and included in the above Agreement.
The Affiliate will be assigned a unique login (username) and password to access the Affiliate Programme Website. The login and password shall not be transferred to third parties and shall be used only by the Affiliate.
In the event that the Affiliate happens to be a private individual and not a business entity, to register and participate as an Affiliate, he/she shall be over eighteen (18) years old and/or be of legal age under Kenyan law, and where the age of majority exceeds eighteen (18) years.
The Affiliate may hire Sub-Affiliates to distribute the Offer in accordance with the Affiliate Programme, provided that:
- The Affiliate has the written consent of the Affiliate Programme representative to hire Sub-Affiliates; Affiliate Programme representatives may request the legal name, address and phone number of each Sub-Affiliate at any time;
- The Sub-Affiliate, insofar as its satisfactory to the Affiliate Programme representatives, has agreed to abide by the Agreement and the rules of the Affiliate Programme (which may be periodically amended); in no case shall the Affiliate hire a Sub-Affiliate who, in the Affiliate Programme representatives’ opinion, may damage the reputation or position of the Affiliate Programme or is for other reasons unacceptable for hiring.
Any breach by the Sub-Affiliate of the terms and conditions of the Sub-Affiliate Programme shall be considered a breach by the Affiliate of this Agreement.
The Affiliate Programme may, at its discretion, confirm or otherwise verify the validity and accuracy of any registration information provided by the Affiliate. In the event that, at any time, the Affiliate Programme representatives, at their discretion, decide that the Affiliate's registration information is unreliable or inaccurate, the Programme may restrict access to the Affiliate's account, as well as suspend any payments due from the Affiliate's participation in the Affiliate Programme; the Affiliate Programme may also delay payment of any Commission and/or other rewards that may be or become due or payable to the Affiliate.
The Parties agree that by signing this Agreement, they intend to establish a relationship between the Affiliate Programme and the Affiliate, but neither party intends to create a joint business partnership or make the Affiliate in any sense an agent, employee or co-owner of the Affiliate Programme. The Parties agree that they are independent contractors, and that this Agreement in no way implies formation of a partnership or a joint venture.The Parties do not grant each other any rights or authority to assume any obligations, direct or indirect, on behalf of or as instructed by the other party, or bind the other party with any obligations.
Each Party shall be responsible for compliance with Income Tax Act, Value Added Tax Finance Act, Income Tax Act and Excise Tax Act.
It is further agreed that the Affiliate does not have the right to assume any obligations on behalf of the Programme, direct or implied, or to act or intend to act as its agent or representative for any purpose, and the Affiliate shall not present itself as having such authority.
The Affiliate will use only the advertising creative approved by the Programme (banners, html newsletters, editorial columns, images and logos, etc.) and will not change their appearance or refer to the Programme in any advertising materials, except those available on the 888starz.partners website. The appearance and syntax of hypertext links are developed and designated by the Affiliate Programme and are the only permitted and acceptable representation of sites. Use of the Affiliate's own creative (banners, html newsletters, editorial columns, images and logos) shall be possible only with the express written permission of the Programme representative. The Affiliate shall be fully liable for the development, operation and maintenance of the Affiliate's website, as well as for all materials appearing on the Affiliate's website. The responsibility includes: technical functioning of the Affiliate's website and all related equipment; creation and placement of reviews, descriptions and links to products on the Affiliate's website and placement of links to these descriptions on the Affiliate Programme Website; accuracy and correctness of materials posted on the Affiliate's website; ensuring that the materials posted on the Affiliate's website do not violate or infringe on the rights of third parties, are not defamatory or otherwise illegal, and so on. The Programme disclaims all responsibility and obligations on such issues. Except as provided in this section, the Affiliate has no right to sublet, rent, lease, sell, resell, outsource or make available for use any Offer, and any attempt to do so shall be void.
The Affiliate may be granted an inclusive, non-transferable license, during the term of this Agreement, to use the Affiliate Programme’s trade name, trademarks, service marks, logos and any other designations only with the written permission of the Affiliate Programme representative solely in connection with the display of advertising materials on the Affiliate's website. This license cannot be sublicensed, reassigned or otherwise transferred by the Affiliate. The Affiliate's right to use Trademarks is limited and follows only from this license. The Affiliate shall not declare the invalidity, unenforceability or challenge the ownership of Trademarks in any actions or proceedings of any kind or nature, and shall not take any actions that may prejudice the rights of the Affiliate Programme to Trademarks, make them non-proprietary or otherwise weaken their validity or lower the associated reputation.
Offer
The Affiliate Programme grants the Affiliate a limited, inclusive, non-transferable right to download the Offer, publish it on the Affiliate's websites and transmit it by e-mail, and all this shall be done in accordance with this Agreement, the Affiliate Programme Policy, which may be adjusted periodically, and additional terms and conditions attached to each Offer.
The Affiliate agrees not to modify, change, distort or exaggerate the Offer or any part thereof, including, inter alia, any text or images provided by or on behalf of the Affiliate Programme or the Client, in any way, directly or indirectly, without the prior written consent of the Programme. The offer within the Affiliate Program includes the conditions for calculating a commission to the Affiliate, the form of payment and the format of cooperation. As part of the Affiliate Program, the platform charges an administrative commission and a processing commission.
Commissions
The Affiliate Programme pays the Affiliate a commission ("Commission") calculated in accordance with the payment terms and conditions set out in each Offer established by the Affiliate Programme. The Affiliate Programme pays the commission monthly or weekly (NET-7, NET-30) at its discretion, depending on the volume and quality of traffic generated by the Affiliate, unless otherwise mutually agreed. Regardless of the chosen payment method (for example, PayPal, WebMoney, etc.), the Affiliate receives a Commission by transfer to a personal account separately opened and linked to the Affiliate Programme account, from which the Affiliate makes a payment independently to any payment method proposed by the platform using the details, unless otherwise mutually agreed. The commission will be paid in accordance with the rules of payment stipulated by the Offer, the terms and conditions of the Affiliate Programme and the Regulations.
* The commission for players from Somalia, Bangladesh, Egypt and Uzbekistan is paid out at a maximum Revenue Share of 25% only.
The Affiliate Programme may, at its discretion at any time, decide to advance part or the full sum of the Commission to the Affiliate, but under no circumstances will the Affiliate Programme be obligated to do so.
The Affiliate acknowledges and agrees that payment of the Commission may be delayed upon the Affiliate’s failure to provide the Affiliate Programme with up-to-date data in accordance with this Agreement, and that the Programme is in no case liable to the Affiliate for any losses, costs or expenses directly or indirectly incurred by the Affiliate as a result of such delay. The minimum amount that can be paid to the Affiliate for a certain billing period shall exceed USD 100.00 (One Hundred US dollars). The commission due and paid by the Programme to the Affiliate does not accrue interest. The commission can only be paid starting from 3 active players listed for the payment period (NET-7, NET-30).
The Affiliate Programme provides statistical data to the Affiliate for an arbitrary period within the framework of the Offer. Statistics for the current day make an allowance for inaccuracies, as a result of which the Affiliate Programme recommends that the Affiliate refer to the indicators in the Affiliate Programme only for the fully past day. Statistics may be adjusted within 24 hours.
Payments to the Affiliate in accordance with this section will be based on data maintained by the Programme and which are reported in the Programme's online reporting system and can be verified by Clients, unless otherwise mutually agreed.
Good faith
The Affiliate will not knowingly benefit from known or suspected traffic created in bad faith, regardless of whether it causes real damage to the Affiliate Programme or not. The Affiliate Programme reserves the right to withhold all amounts due to the Affiliate under this Agreement if we have reasonable grounds to believe that such traffic is taking place.
The Affiliate Programme reserves the right to withhold affiliate payments and/or suspend or close accounts if it is found that affiliated clients abuse any offers or promotions of 888Starz Affiliates, both with or without the Affiliate’s knowledge.
Fraud
In the event that the Affiliate Programme, in its sole discretion, determines that the Affiliate or Sub-Affiliate has participated in any activity that the Affiliate Programme considers fraudulent or that may lead to the undermining of the reputation or authority of the Affiliate Programme or brand among the general public or among Clients or potential Clients of the Affiliate Programme, or otherwise that the Affiliate or Sub-Affiliate has participated in activities that may be considered fraudulent, the Affiliate Programme may, but is not obligated to (1) suspend or terminate the Affiliate's activities and participation in the Affiliate Programme without notice and (2) provide any third party with information regarding the identity and location of the Affiliate, where necessary to ensure compliance with these Terms and Conditions.
In the event of the suspension or termination of the Affiliate Programme, all Commission due and payable to the Affiliate at the time of suspension or termination of the Affiliate Programme will be considered lost.
Under this Agreement, fraudulent activity includes, but is by no means limited to:
- activity of the Affiliate or someone for whom the Affiliate is legally liable that is directly or indirectly aimed at exceeding the Commission paid to the Affiliate;
- generation of leads, except through a mechanism approved by the Affiliate Programme;
- activity of the Affiliate or any other person for which the Affiliate is legally liable that does not correspond to the Affiliate Programme;
- any spam activity and activity that the Client, at its discretion, defines as fraudulent.
The Affiliate Programme may audit the Affiliate at any time to ensure compliance with the requirements. The Affiliate agrees to provide the Affiliate Programme with any acceptable information necessary to audit the Affiliate's compliance with the law and this Agreement.
Affiliates of 888Starz Affiliate are prohibited from advertising the betting company through e-mail spam, contextual advertising mentioning the 888Starz brand and ClickUnder/PopUnder type advertising, unless otherwise mutually agreed. In the event of the discovery of such actions, the Affiliate's personal account will be closed, all accrued funds will be cancelled, and the Commission will be withheld. It is also prohibited to use false information about the bookmaker and bonuses.
Obligations and guarantees
The Affiliate declares and guarantees that:
- it has the authority and legal capacity to conclude and be bound by this Agreement;
- the fact of there being no real, pending or threatening claims or lawsuits against the Affiliate is public knowledge;
- none of the Affiliate's websites contain false or deceptive advertising or any machine-readable code, including, inter alia, any virus, Trojan horse, working or other self-running programme;
The Affiliate owns or has the legal right to use and distribute all content, copyrighted materials, products and services provided on or via its website or sites and from its e-mail;
it is not currently a party to any agreement or business relationship that may conflict with this Agreement.
The Affiliate undertakes and agrees that:
- The Affiliate will at any time comply with all Kenya laws, particularly the Affiliate shall:
- Adhere to the Betting Control and Licensing Board (BCLB) marketing guidelines and particularly by promoting responsible gaming by at least including in their messages the following warning:
- Not for sale to persons under 18 years.
- Excessive gambling is addictive
- Adhere to the provisions of the Data Protection Act (Cap 411C) Laws of Kenya particularly on the collection, storage and use of client data in performance of the Affiliate Agreement.
- Adhere to the provisions of the Consumer Protection Act No. 46 of 2012.
- Adhere to the provisions of Kenya Information and Communication Act (KICA)
as well as where the Affiliate directly or indirectly conducts its business or implements the Offer;
- The Affiliate will not enter into any agreements or business relationships or otherwise assume any obligations that, in the Affiliate Programme’s opinion, may contradict this Agreement;
- The Affiliate will always comply with the terms and conditions of this Agreement and the Affiliate Programme Policies, updated, amended and replaced by the Affiliate Programme at its discretion;
- The Affiliate will not, without the express written consent of the Affiliate Programme, use or allow any person for whom it is legally liable to use any third-party trade names or trademarks;
- The Affiliate will not publish on any website or send by e-mail a universal resource locator or other link to any content or otherwise engage in any practice that, in the Affiliate Programme’s opinion, is deceptive, defamatory, offensive, violent, prejudicial, obscene, pornographic, capable of damaging the reputation or position of the Affiliate Programme, or which is otherwise illegal;
- The Affiliate will always comply with the Terms and Conditions of any Agreement or policy established by the Offer in which the Affiliate decides to participate;
- Adhere to Kenya Information and Communication (Consumer Protection) Regulation, 2010 (KICA Regulations) governing electronic marketing.
- The Affiliate will not post any content related to the Offer in any Usenet newsgroup, chat, bulletin board or "blog" (except for chat, bulletin board or blog, which are managed or mainly owned by the Affiliate) without the express written consent of the Affiliate Programme;
- The Affiliate will be liable for the development, operation and maintenance of its website or websites and e-mail, including, inter alia, their technical functioning, creation, publication and accuracy of any content published on any such website or sites or in any e-mail;
- The Affiliate will not attempt in any way to change, modify, eliminate, hide or otherwise render inoperable or ineffective any tags, source codes, links, pixels, modules or other data provided by the Affiliate Programme or obtained from it;
- The Affiliate will not "frame" or "mirror" any part of any pages hosted by the Client, except in cases where this is expressly permitted by the Affiliate Programme and the Client;
- The Affiliate will not modify the content of any website or e-mail provided by the Affiliate Programme; and the Affiliate will continually and/or periodically provide the Affiliate Programme with written confirmation of a valid address, phone number, e-mail address and such other identifying or financial information as the Affiliate Programme may reasonably require.
Indemnity
The Affiliate undertakes and agrees to indemnify and hold harmless the Affiliate Programme, its parent company and their respective shareholders, directors, officers and employees (collectively referred to as the "Indemnification Group") from any and all claims or judgments, including all related legal costs, expenses and payments actually incurred arising as a result of any breach of this Agreement by the Affiliate or any Sub-Affiliate or the exercise by the Affiliate of any right under this Agreement or any act or omission of the Affiliate, Sub-Affiliate or any person for which the Affiliate shall be legally liable, including, inter alia, any damages, losses, indirect or otherwise, arising in any way (including those arising as a result of or in connection with any liability or other action, claim, demand or other procedure brought) as a result of any act or omission of the Affiliate or any person for which the Affiliate is legally liable, regardless of whether the Indemnification Group, or any of them, is named as a defendant in any such proceedings, and regardless of whether the Indemnification Group, or any of them, is alleged to be negligent or otherwise liable for any damage or injury to people or property. The Affiliate's liability to defend and indemnify, as specified in this paragraph, remains after the termination of this Agreement for any reason and is not limited to any other terms and conditions of this or any other Agreement. The Affiliate Programme may, at its sole discretion, assume exclusive defence and control over any matter otherwise subject to indemnification by the Affiliate. The Affiliate Programme may participate in the defence of all claims in respect of which it does not assume defence and control, and the Affiliate shall not satisfy any such claim without the prior written consent of the Affiliate Programme.
Confidentiality
The Affiliate Programme or its directors may periodically disclose to the Affiliate certain information relating to the business of the Affiliate Program or Clients, branches, subsidiaries, Affiliates, agents or employees of the Affiliate Programme; business and marketing plans, strategies and practices that may not be standard industry practice or are not generally known in the industry; or studies, diagrams, plans, compilations of business and industrial information obtained or prepared by or on behalf of the Programme (collectively referred to as "Confidential Information"). The Affiliate acknowledges that Confidential Information will be provided solely at the discretion of the Affiliate Programme, and nothing in this Agreement obliges the Affiliate Programme, its directors, agents or employees to disclose or provide access to any Confidential Information to the Affiliate.
Unless the Affiliate Program gives written permission, the Affiliate undertakes and agrees to the following:
- use Confidential Information only for the purposes expressly provided for hereunder;
- that no Confidential Information will be disclosed to a third party, branch, subsidiary, Sub-Affiliate, agent or employee of the Affiliate without the prior written consent of the Affiliate Programme, which may be withheld without explanation and arbitrarily.
The Affiliate acknowledges that the Affiliate Programme remains the sole and exclusive owner of all rights, titles and interests in relation to Confidential Information. The Affiliate agrees that Confidential Information will not be copied or otherwise reproduced without the prior written consent of the Affiliate Programme.
Upon termination of this Agreement or otherwise at the Affiliate Programme’s request, the Affiliate agrees that it will immediately transfer to the Affiliate Programme all notes, data, audio recordings, reference materials, sketches, drawings, memoranda, video recordings and media, electronic messages in any form and any other materials in any way related to any Confidential information in the possession of the Affiliate or any representative of the Affiliate, subsidiary, Sub-Affiliate, agent or employee of the Affiliate.
The Affiliate acknowledges and agrees that:
- the provisions of this Section and the Affiliate's agreement with them are essential and are a significant incentive for the Affiliate Programme to conclude this Agreement;
- the provisions of this Section shall be interpreted independently of any other Provision of this Agreement, and the existence of any claim or cause of action that the Affiliate may have against the Affiliate Programme based on this Agreement or otherwise shall not constitute a defence against the Affiliate Programme's performance of the Provisions of this Section;
- any breach of this Section will cause irreparable damage to the Affiliate Programme for which damages will never fully recover, in connection with which the Affiliate agrees that in the event of any such breach, the Affiliate Programme will have the right to claim, in addition to any other right arising from the Affiliate Programme under this Agreement or otherwise by law or the right of justice, legal proceedings against the Affiliate without the need to provide evidence of actual damage;
- this section remains in force notwithstanding any other provisions of this Agreement
Non-compete clause
During the term of this Agreement and for six (6) months thereafter, the Affiliate will not seek in any way to undermine the reputation of the Affiliate Programme; in particular, the Affiliate will not, directly or indirectly: (1) solicit or entice, or attempt to solicit or entice to work outside the Affiliate Programme; (2) solicit or entice, or attempt to solicit or entice any of the employees of the Programme to join the Affiliate or a competitor of the Affiliate Programme; or (3) directly or indirectly enter into any agreement or contract, written or otherwise, with any Client or otherwise provide services to any third party for the ultimate benefit of the Client, which, in the Affiliate Programme’s opinion, may compete with any services provided by the Affiliate Programme to that Client.
Default
Failure by the Affiliate Programme to take measures to ensure strict compliance by the Affiliate with any provision of this Agreement will not mean a waiver by the Affiliate Programme of its right to further take these measures or any other provision hereunder. Changes, additions, exclusions or footnotes of this Agreement are not permitted and will not be recognised by the Affiliate Programme. None of our employees or agents has the authority to make or agree on any changes or modifications to this Agreement or its terms and conditions.
Disclaimer of Warranty and Limitation of Liability
The product system (platform, features, services) is not error-free. The Affiliate Programme disclaims all warranties, indemnities with respect to any issue of product performance, both express and implied (including, inter alia, any warranties of profitability, satisfactory quality, merchantability, fitness for any particular purpose, title and non-infringement). Notwithstanding any other provisions of this Agreement, the Affiliate Programme additionally disclaims all obligations and liability on the part of the Affiliate Programme and those for whom it is legally liable for any damages, including, inter alia, indirect, special and consequential damages, attorneys' and experts' fees, as well as legal costs (even if the Affiliate Programme shall have been advised of the possibility of such damages, fees or expenses) arising out of or in connection with this Agreement. Under no circumstances will the Affiliate Programme be liable to the Affiliate for any direct, indirect, special, punitive or incidental damages or lost profits of the Affiliate or the heirs or successors of the Affiliate (including, inter alia, claims for loss of business reputation, use of or reliance on the services provided under this Agreement, interruption of other works or depreciation of other assets) arising from a breach or non-compliance with an express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in any way. Without limiting the foregoing, the Affiliate Programme shall not be liable for any disruptions or delays resulting from any government action, fire, flood, uprising, protest, revolution, earthquake, power outage, riot, explosion, embargo, strikes, legal or illegal, shortage of labour or materials, transportation disruptions, any kind of slowdown, actions or inaction of the Affiliate or third parties, the Affiliate's equipment or software and/or equipment of third parties or any other conditions affecting the performance in any way independent of the Affiliate Programme.
Termination of cooperation
The Affiliate Programme may terminate this Agreement at any time by notifying the Affiliate six (6) hours in advance. The Affiliate may terminate this Agreement at any time by notifying the Affiliate Programme forty-eight (48) hours in advance. Upon termination, the Affiliate shall remove all banners/icons of the Affiliate Programme from the Affiliate's website and disable all links from the Affiliate's website to all 888starz websites. All rights and licenses granted to the Affiliate hereunder will terminate immediately. The Affiliate will hand over back to the Affiliate Programme any Confidential Information and all copies thereof in the possession, custody and control of the Affiliate, and will cease any use of the Affiliate Programme’s Trademarks.
Miscellaneous
The Affiliate Programme may implement this Agreement without the Affiliate’s prior consent. The Affiliate may not perform actions under this Agreement without the Affiliate Programme’s prior written consent.
The Affiliate Programme reserves the right to change, supplement or modify this Agreement at any time, for any reason or for no reason, at its sole discretion. The latest version of this Agreement will be posted here. Although the Affiliate Programme may choose to notify the Affiliate of material changes to this Agreement, the Affiliate shall be solely liable for gathering the necessary information about any such changes and/or amendments. Any notice or other communication ("Notice") permitted or required by this Agreement shall be made in writing and sent by e-mail to the receiving party at the address provided to the Affiliate Programme by the Affiliate in its Affiliate Programme account. Any such Notification will be deemed received on the day it was sent by e-mail or delivered. None of the terms and conditions of this Agreement shall be deemed waived or a breach warranted unless such waiver or consent justifying the breach is made in writing and signed by both parties.
In the event that any Provision, Condition of this Agreement is found to be indefinite, invalid, illegal or unenforceable by a court having appropriate jurisdiction, this Agreement shall remain in force with respect to the remaining Provisions and Conditions.
This Agreement will act in the interests of and will be binding on the respective successors, heirs and legal successors of both the Affiliate Programme and the Affiliate. This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any previous or current statements, negotiations, understandings and agreements, oral or written.
This Agreement is made in writing and is available only in English. In case of any discrepancies between the meanings of any translated versions of this Agreement, the meaning of this English version shall prevail.
