SUPABETS Affiliate Terms and Conditions
Welcome to the SUPABETS Affiliate Programme (the "Programme").
These Terms are a binding contract between Portapa 2 (Pty) Ltd t/a SUPABETS (registration number 2009/616148/07) ("SUPABETS", "us" or "we") , and you ("you"), which contains the terms and conditions that apply to all members of the Programme. By participating in the Programme, you agree to be bound by the most current version of these Terms, which we may amend from time to time.
The most current version of these Terms will be posted on the Programme web site here: HTTPS://ADMIN.SUPAPARTNERS.COM/TERMS_AND_CONDITIONS.ASP
It is your responsibility to ensure that you are familiar with the most current version of these Terms, and your continued participation in the Programme after we post an updated version of these Terms shall constitute your express agreement to be bound by the updated Terms.
In the event you do not agree with the updated Terms, your only recourse shall be to terminate your participation in the Programme.
If you have any questions or concerns about these Terms or the Programme, please send an email to: AFFILIATES@SUPABETS.CO.ZA
In these Terms, the following words and expressions shall have the following meanings:
Affiliate: A natural or juristic person who has registered and is accepted by us as a member of the Programme. Where the context requires, these Terms occasionally refer to the Affiliate as “you.”
Affiliate Site(s): A website (including any WAP, mobile or tablet version of the website) which is owned or operated by an Affiliate and used for the purposes of generating online traffic and referrals to SUPABETS in accordance with these Affiliate Terms.
Applicable Taxes: Any taxation, levy or similar mandatory payment (including gaming taxes and value added taxes) levied or charged on revenue, turnover, deposit or similarly driven by customer activity or activity volume.
Approved Marketing Activities: Any lawful marketing activity conducted in compliance with these Terms which has been approved in writing by an authorized SUPABETS representative.
SUPABETS Marks: Any trademark owned by SUPABETS or its affiliated companies and licensors.
Bonuses: means bonuses or any promotional amounts given to any customer.
Chargeback: Where a customer, a credit card issuing bank, or any other third party payment solution provider effects a reversal of charges in relation to a credit card or purchase transaction.
Confidential Information: Any information of whatever nature, which has been, or may be, provided by SUPABETS Affiliates in connection with the Programme, whether oral, in writing, or in electronic form, including, without limitation, business or financial data, know-how, processes, reports, customer lists, price lists, Commission payment reports, and any other materials containing, reflecting, or generated from any such information.
Commission: The commission earned in connection with the affiliate marketing activities performed in accordance with these Affiliate Terms.
Deductible Costs: Any third party costs incurred by SUPABETS in connection with the operation of the SUPABETS site which are attributable to the activity of any New Customer(s), including, but not limited to, any payment processing charges, license fees, royalties, and other applicable third party payments including (but not limited to) payments made by SUPABETS Affiliates to third parties in respect of the costs of software and brands in respect of the SUPABETS Site.
Fraudulent Activity: A deceptive act or omission which is, in the sole discretion of SUPABETS Affiliates, performed in order to secure a real or potential, unfair or unlawful advantage; or any conduct that SUPABETS Affiliates, in its sole discretion, determines to be fraudulent, deceptive or dishonest, which shall include, but shall not be limited to, fraudulent credit card transactions, Chargebacks, Match Betting, false or automated account creation and any collusion or cheating by an Affiliate or a customer.
Fraud Costs: Any costs, damages or loss arising as a direct or indirect result of Fraudulent Activity.
Gross Win (Sports & Casino): Total revenue generated by SUPABETS as a result of all wagers placed by a referred New Customer, less pay-outs. For Sports, this is the total revenue from settled bets placed by referred New Customers, less pay-outs.
Inactive Affiliate: An Affiliate who has: (i) not logged into its account with the SUPABETS Affiliate Programme Portal for ninety (90) consecutive days; or (ii) not generated a minimum of five (5) New Customers in any three (3) consecutive calendar months.
Incentivized Traffic: Traffic or customer activity generated as a by-product of promising some form of compensation or incentive for taking an action on, or in relation to, the SUPABETS Site, including but not limited to registering a new account, depositing or wagering.
Insertion Order: The insertion order attached to these Terms, if applicable.
Intellectual Property: Trademarks, service marks, domain names, trade names, logos, designations, copyrights, trade secrets, patents, designs, algorithms and any other proprietary rights owned by or licensed to SUPABETS.
Marketing Material: Banners, URLs, text, graphics and/or other promotional materials made available for marketing purposes through the Programme System.
Match Betting/Arbitrage Betting: Any method of betting or wagering which is intended to give players a guaranteed win with no risk, including but not limited to the use of free bets.
New Customer: A natural person who is at least 18 years old and ordinarily resident in the Territory that the Affiliate directs to a SUPABETS Site and who can be linked to the Affiliate’s Affiliate Banner Tag, who is eligible to open an account on a SUPABETS Site and: (a) who successfully opens a new account on a SUPABETS Site in accordance with the Site’s applicable terms and conditions; and (b) who has not had a previous account on any SUPABETS Site.
Net Revenue: Gross Win, less Progressive Contributions (progressive games only), less bonuses awarded, less Non-Cash items, less Fraudulent Activity, less Deductible Costs and Applicable Taxes.
Non-Cash Incentives: Value of free credits handed out to customers, or any other direct costs incurred to maintain the loyalty of a new customer (e.g. the cost of a gift to a customer).
Programme Portal: The website and back office used by the SUPABETS Affiliates Programme to manage the Programme, currently located at HTTPS://AFFILIATES.SUPABETS.CO.ZA/
Prohibited Site: Any website, forum, social media platform or other communications medium, regardless of type, upon which the advertisement of gambling-related activity is unlawful or otherwise prohibited.
Qualified Player: Any player who has registered an account, made a purchase and placed a settled wager at SUPABETS.
Second-tier Affiliate: A natural or juristic person who is recruited by an Affiliate to serve as a sub-affiliate and who is linked to your Affiliate account.
Spam: Unsolicited e-mail, SMS or other communication sent indiscriminately to one or more mailing lists, individuals, forum or newsgroups.
Unsuitable Site: Any website, forum, social media platform or other communications medium, regardless of type, which is: aimed at children; intended to appeal to minors; promotes or glorifies violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promotes illegal activity; violates or enables the violation of intellectual property rights; violates the rights of privacy of others; is obscene or contains explicit sexual content; contains or promotes any unlawful behaviour or content; contains or provides links to malicious or harmful software, keyloggers, trojans, viruses or malware; or which SUPABETS Affiliates believes, in its sole discretion, may bring SUPABETS Affiliates or its affiliated companies and brands into disrepute, or which may prejudice the interests of SUPABETS Affiliates or its affiliated companies and brands.
1. Joining the Programme
1.1 You represent and warrant that:
a) the information provided in your Affiliate application is correct and up-to-date and you will update it as required on an ongoing basis in order to ensure that it remains correct;
b) you have not already registered as an Affiliate (only one Affiliate account is permitted per person, unless SUPABETS expressly approves additional Affiliate accounts in writing);
c) you are at least 18 years of age, legally capable of entering into a binding contract, and you are not aware of any legal, commercial, contractual or other restriction against your participation in the Programme in accordance with these Terms; and
d) in the event that you are registering on behalf of a company, that you have the full right, power and authority to enter into these Terms on behalf of the company.
e) your participation in the Programme will in no way be construed to be targeting individuals under 18 years of age
f) You undertake, that if there should, at any time during your participation in the Programme, occur any event which may cause any of the above warranties to become false, or which may prevent you from wholly fulfilling your obligations in accordance with these Terms, you shall promptly notify your SUPABETS Affiliates Account manager, and SUPABETS shall be entitled to terminate your participation in the Programme immediately, without the requirement to make any further payments to you.
2. Your Use of SUPABETS Marketing Materials
2.1 In the event that you are accepted as an Affiliate into the Programme, SUPABETS shall, during the course of your participation in the Programme and subject to your compliance with these Terms, grant you a non-exclusive, non-transferable, revocable, limited right and license to distribute the Marketing Material on your Affiliate Site for the sole purpose of referring New Customers to the SUPABETS Site in return for Earnings. You may not use or distribute the Marketing Materials for any other purpose unless you have received our express written approval to conduct Approved Marketing Activities, which we may approve or reject in our sole discretion.
2.2 All Marketing Material shall be made available to you through the SUPABETS Affiliates Programme Portal or the Affiliate Manager and may be updated by us from time to time. You undertake and agree that you shall only use the current versions of the Marketing Material and shall promptly discontinue the use of any Marketing Material which is out of date or no longer available on the Programme System/ deemed unavailable by the Affiliate manager. It is your responsibility to check the Programme System for updated Marketing Material on a regular basis.
2.3 You undertake and agree that you will not modify any of the Marketing Material which is made available to you and that you will not, without our specific written approval, market or promote SUPABETS using any promotional materials not provided or approved in writing by SUPABETS Affiliates.
2.4 In the event that SUPABETS designates any Marketing Materials as subject to particular restrictions (for example, campaign start/end dates, demographic limitations, etc.), you undertake and agree that you shall only use the Marketing Materials in accordance with such designated restrictions.
2.5 Your marketing activities shall strictly comply with the marketing policies of SUPABETS Affiliates that may be notified to you from time to time, which sets out additional standards, restrictions and guidelines applicable to marketing activities in connection with the Programme.
3. Customer Tracking and Reports
3.1 You are responsible for ensuring that all referred customers are properly tagged with your Affiliate Banner Tag. You will not receive credit for New Customers who are not properly tagged or who we are unable to otherwise properly associate with your Affiliate Banner Tag.
3.2 We shall track all New Customer activity relevant to the calculation of your Earnings. You agree that our statistics and calculations in relation to the tracking of New Customer activity and the calculation of your Earnings shall be final.
3.3 We will provide you with online access to reports of New Customer activity through manual reports or through the Programme Portal. The form, content and frequency of our reporting may vary from time to time, at our sole discretion.
4. Your Obligations
4.1 As a condition of your participation in the Programme, you undertake, warrant and agree that all use of the Marketing Materials and all activities undertaken in connection with the Programme shall be lawful and in strict accordance with these Terms and any Special Terms (as defined below) set out in the Programme System.
4.2 As a condition of your participation in the Programme, you further undertake, warrant and agree that you shall not conduct any activities in connection with any Unsuitable Site or any Prohibited Site.
4.3 You agree to use your best efforts to market and promote the SUPABETS Site in a manner consistent with good business ethics and in good faith towards SUPABETS.
4.4 You acknowledge that your promotion of the SUPABETS Site has the potential to inflict substantial damage to SUPABETS and its reputation and goodwill, and that you shall at all times act in a manner that will not harm the reputation and goodwill of SUPABETS.
4.5 You shall not: (a) undertake any action which may have a detrimental impact on the ability of SUPABETS Affiliates to be qualified for or to hold or maintain any licence, permit or approval granted, or to be granted, by any competent authority, or (b) undertake any action which could reasonably be construed as bringing SUPABETS Affiliates into Material Disrepute, where “Material Disrepute” means any condition which could reasonably and objectively be seen to create a material negative perception of the integrity of SUPABETS Affiliates or the Programme.
4.6 We prohibit any Affiliate activity in connection with any content or material which contains: (a) the intellectual property of others for which the Affiliate is not properly licensed to use; (b) information that is unlawful, harmful, threatening, obscene, discriminatory, scandalous, fraudulent or offensive; (c) any information that may subject SUPABETS Affiliates to any cause of action, in law, equity or otherwise; or (d) any information which SUPABETS Affiliates, in its sole discretion, determines to be objectionable, harmful, in bad taste, or potentially damaging to the interests and goodwill of SUPABETS or the Programme.
4.7 Your activities must not involve any marketing or promotional activity which may have the potential to deceive, confuse or mislead users, or which may infringe on any third party rights, including the rights of privacy, publicity, or Intellectual Property rights. You shall ensure that the Marketing Materials are displayed only in connection with web sites and materials which are lawful, proper, professional and tasteful.
4.8 Your Affiliate Site(s) must not copy the look and feel of the SUPABETS Sites or have the potential to cause the impression that any sites or landing pages used by you are owned, operated or affiliated with the Programme or any of its associated brands. You are not entitled to present any SUPABETS Marks, logos, graphics or other SUPABETS materials on your Affiliate Site or marketing materials other than the Marketing Materials provided to you by SUPABETS Affiliates through the Programme.
4.9 SUPABETS Affiliates reserves the right to demand the immediate takedown or modification of any materials that you distribute, or to demand the cessation of any or all marketing activity in connection with the Programme or SUPABETS, at any time and in SUPABETS sole discretion. You agree that we are entitled to review your affiliate marketing activities from time to time and that we may approve/reject marketing methods and Affiliate Sites used by you in our sole discretion. You undertake and agree to provide prompt assistance and full cooperation in connection with any requests made by SUPABETS in this regard.
4.10 If requested by SUPABETS, you undertake and agree to provide SUPABETS with all such information and documentation as we may reasonably require to verify your compliance with these Terms, or which we may require for our regulatory or legal purposes.
4.11 You agree that you shall neither offer nor provide incentives (financial or otherwise) to any potential New Customer without the prior written approval of SUPABETS, excluding the standard promotional Programmes which SUPABETS may make available to you from time to time through the Programme.
4.12 You will not knowingly benefit from known or suspected activity not performed in good faith (or alternatively, performed in bad faith), whether or not such activity actually causes damage to SUPABETS.
4.13 You may not be a party (whether directly or indirectly) to any illegal activity (including, but not limited to, the promotion or advertising of illegal gambling companies or websites) or Fraudulent Activity in connection with your participation in the Programme.
4.14 You undertake and agree to maintain complete records, during and for a period of two years after the termination or expiration of your participation in the Programme, regarding your activity in the Programme and any marketing or promotional activity undertaken in furtherance thereof.
4.15 You acknowledge and agree that in performing your obligations under these Terms, you are strictly prohibited from marketing and promoting the SUPABETS Sites to residents of the Prohibited Territories and you shall exercise all possible technical and operational measures to prevent marketing to residents of the Prohibited Territories.
4.16 You acknowledge and agree that any breach of the aforementioned obligations shall be deemed a material breach of these Terms resulting in your immediate termination from the Programme.
5. No Spam; No Marketing to Self-Excluded Customers
5.1 You will not send any marketing SMS, email or other communications relating to SUPABETS or the Programme without our prior written consent. In order for SUPABETS to consider properly whether its consent shall be granted, you shall provide us with:
a) Written confirmation that all proposed email, SMS or other communications comprising the proposed campaign shall include an option to opt-out of receiving further such communications; and
b) Written confirmation that the proposed recipients of the campaign have respectively provided the necessary consents to receive communications of the type proposed (“opt in”) and have not since opted out.
c) Further to the above, you will ensure that any approved SMS and or e-mail marketing campaign, targeted at SUPABETS traffic, follows the rules and regulations of the Protection Of Personal Information Act (POPI) as set out by the South African Government.
Details of the Act can be found here: https://www.gov.za/documents/protection-personal-information-act. Failure to comply with the POPI act will result in your suspension from the SUPABETS Affiliate Programme and all outstanding payments will be considered null and void.
5.2 If we incur any cost in connection with Spam sent by you or anyone on your behalf, these costs will be deducted from any Earnings due to you under these Terms. Should our costs not be covered by the funds in your account we have the right to offset future Earnings or pursue other alternative means for obtaining payment from you. Should your Affiliate account not be active, or otherwise not generating Earnings, then we shall have the right to demand payment directly from you.
5.3 Should you require more information regarding our Spam policy, or should you wish to report any incidences of Spam please contact us at AFFILIATES@SUPABETS.CO.ZA
6. Legal Compliance
6.1 Your activities shall comply with all applicable laws and industry practices applicable to online marketing; online advertising; and the marketing of online gambling sites, including but not limited to:
- the UK Gambling Act 2005;
- Gambling Commission Licence Conditions and Codes of Practice;
- UK CAP Code;
- the IGRG Industry Code for Socially Responsible Advertising;
- Any applicable consumer protection legislation (including without limitation: UK Consumers Rights Act 2015, UK Consumer Protection from Unfair Trading Regulations 2008, and any opinions or undertakings published by the UK Competition and Markets Authority);
- Malta Gaming Commercial Communications Regulations, 2018;
- Malta Player Protection Directive, 2018;
- Malta Player Protection Regulations, 2018;
- Malta Gaming Act 2018;
- Malta Consumer Affairs Act;
- Swedish Gambling Act (2018:1138) and all relevant provisions under the Gambling Act;
- Secondary Swedish Gambling Legislation (Gambling Ordinance (2018:1475) and all the Gambling Authority's Regulations and General Advice);
- Swedish Marketing law (2008:486);
- Other publications and documents from time to time issued by any relevant competent authority such as the Swedish Gambling Authority, the National Board for Consumer Disputes or the Swedish Consumer Agency (Konsumentverket);
- Any secondary, related, or otherwise applicable laws and EU directives.
Any marketing activities undertaken by you, must also strictly comply with the SUPABETS Affiliate Marketing rules, SUPABETS operates a "1 strike policy" and any breach of these rules and guidelines shall result in your immediate termination from the Programme.
Further, SUPABETS’ total liability arising from these Affiliate Terms and the Affiliate Programme will not exceed the total Affiliate commissions paid or payable to the Affiliate under this Agreement.
Nothing in these Affiliate Terms shall be construed to provide any rights, remedies or benefits to any person or entity not a party to these Affiliate Terms.
6.2 Without reservation, you agree that all activities undertaken by you in connection with the Programme will uphold the highest ethical standards:
a) preventing gambling from being a source of crime or disorder, being associated with crime or disorder or being used to support crime;
b) ensuring that gambling is conducted in a fair and open way; and
c) protecting children and other vulnerable persons from being harmed or exploited by gambling.
6.4 Any electronic messages or other communications sent by you, or caused to be sent by you, shall be free of Spam and in full compliance with all regulations related to the sending of commercial electronic messages, including the Privacy and Electronic Communications (EC Directive) Regulations 2003, the EU Data Protection Directive 95/46/EC and, as of May 2018, the EU General Data Protection Regulation (GDPR).
6.5 It is your obligation to familiarize yourself, to comply and to remain fully updated with the laws, regulations and codes of practice applicable to the activities you conduct in relation to your participation in the Programme. To the extent you are marketing to potential customers residing outside of the United Kingdom, you are required to abide by any applicable laws, regulations and codes of practice applicable to those jurisdictions. In the absence of any specific governing laws, regulations or codes of practice, the standards set out above shall apply and in any event will include, without limitation the terms and conditions of any relevant gambling licenses issued by the applicable authorities to SUPABETS or any of its subsidiaries and the laws and regulations associated therewith, such as the gambling licenses to which SUPABETS or any of its affiliates companies may be subject or bound from time-to-time.
7. SUPABETS Intellectual Property Rights
7.1 SUPABETS and its licensors retain full and exclusive ownership of the SUPABETS Sites, SUPABETS Marks, Marketing Materials, any reports, documentation or materials provided in connection with the Programme, and any Intellectual Property rights, associated thereto. No right, title or interest in the foregoing is conveyed hereunder, except for a non-exclusive, revocable, limited license to distribute the Marketing Materials in accordance with these Terms. Any rights that are not expressly granted herein are reserved by Supa Partners and its licensors.
7.2 You acknowledge and agree that SUPABETS Intellectual Property will at all times remain the property of SUPABETS and its licensors. You further acknowledge that you have no claim or right of whatever nature in and to the aforesaid Intellectual Property, other than the limited rights conveyed herein.
7.3 You undertake and agree that you shall not assert the invalidity, unenforceability or contest the ownership of any of the Intellectual Property rights of SUPABETS or its licensors in any action or proceeding whatsoever and shall not take any action that may prejudice SUPABETS its licensors' rights in such Intellectual Property.
7.4 You undertake and agree that you will not register any domain name that includes, incorporates or consists of any SUPABETS Mark or any domain name that is confusingly similar to the SUPABETS Marks. You undertake and agree that you shall, upon request by SUPABETS Affiliates, promptly transfer ownership of any domain names registered in violation of this Agreement to SUPABETS Affiliates or any third party designated by SUPABETS. This obligation shall survive the termination of these Terms.
7.5 You undertake and agree that you shall not make any bid on any internet search engine using keywords including the SUPABETS Marks or words that are confusingly similar to the SUPABETS Marks.
7.6 SUPABETS Affiliates does not condone the use of any other company's intellectual property in order to promote the SUPABETS brand or to channel traffic to the SUPABETS brand. Involvement in such activities can result in SUPABETS refusing compensation for the traffic or can result in the locking of the affiliate account. By accepting these terms and conditions you undertake that no such activity will be committed by yourself.
8. Your Warranties
8.1 By participating in the Programme, you represent, warrant and undertake that:
a) your activities shall fully comply with these Terms;
b) you shall not solicit any potential customers by way of any offers except for the current offers made available through the Programme;
c) you have the ability, experience, expertise and resources to perform all of your obligations hereunder in accordance with these Terms;
d) you understand and agree that the marketing activity undertaken by you in connection with the Programme, and your conduct as an Affiliate has the potential to inflict substantial damage to SUPABETS reputation and goodwill, and as a result you shall at all times consider and act in the best interests of SUPABETS and shall preserve the goodwill and reputation of SUPABETS and SUPABETS Affiliates;
e) you shall not undertake any activities in violation of our intellectual property rights, including but not limited to: brand bidding, registering or using any domains with confusingly similar names to the SUPABETS Marks, copying the “look and feel” of our sites or software, using any SUPABETS Marks, branding or logos except as expressly permitted by these Terms, or modifying any Marketing Materials we make available on the Programme Portal;
f) you have evaluated the applicable laws relating to your activities and obligations hereunder and you have independently concluded that you can participate in this Programme and fulfil your obligations hereunder without violating any applicable rule of law; and
g) you will not knowingly benefit from known or suspected traffic not generated in good faith, or via Spam, whether or not it actually causes damage. This includes but is not limited to you registering customer accounts or playing under your own Affiliate Banner Tags and or any other Fraudulent Activity.
9. Prohibited Territories
9.1 By entering into these Terms you undertake that you will not:
a) actively target potential customers located in any territory in the world except for the Territory (the “Prohibited Territories”)and, for the avoidance of doubt, such Prohibited Territories include (without limitation) Australia, Bulgaria, France and its outlying territories, Greece, Greenland, Hungary, Iran, Israel, Mexico, North Korea, Romania, Russia, Singapore, Turkey or the United States and its outlying territories and targeting potential customers includes, but is not limited to, sending correspondence, the use of bannering, off-line advertising and direct marketing any traffic or customers emanating from domains or URLs based in any of these Prohibited Territories.
9.2 You understand and agree that you are not entitled to any Earnings or fees applicable to any activity related to any territories other than the Marketing Territory.
10. Commission Calculations
10.1 You are eligible to earn Commission in connection with betting activity by New Customers referred by you, as further set out herein. You understand and agree that we may vary these Commission rates from time to time, in our sole discretion.
10.2 You are only eligible to receive ongoing Commission during your participation in the Programme, and only during the time you continue to refer New Customers in accordance with these Terms. You will no longer receive Commission in the event your participation in the Programme expires or is terminated for any reason.
10.3 Unless otherwise agreed upon in writing by SUPABETS, you shall receive Commissions based on the Net Revenue generated by the New Depositing Customers referred by you during the calendar month across all products as follows, staggered incrementally:
No. of New Depositing Customers
2 - 15
If you refer 10 New Customers in one calendar month, you'll generate commission of 15% of their net revenue for that calendar month. The following month, if you refer 22 New Customers, you'll receive commission of 20% of all your referred customers' net revenues for that month.
11. Periods of Inactivity
11.1 In the event that you fail to refer any New Customer during any consecutive 3 month period, we reserve the right to reduce your Commission rate to a flat rate of no more than 10% of Net Revenue until you introduce a total of 3 New Customers within a 3 month period, at which point (effective upon your referral of the third New Customer) your Commission rate will revert to the standard Commission rates set out above.
11.2 If you become an Inactive Affiliate, SUPABETS reserves the right to notify you by email to your registered email address that you have become an Inactive Affiliate ("Inactive Affiliate Notice"). If you do not log in to your Affiliate Account for 30 consecutive days following the Inactive Affiliate Notice being sent by SUPABETS, we reserve the right to terminate these Affiliate Terms and your participation in the Programme as well as retain any unpaid Commissions and we will not be liable to pay any further Commission to you.
12. General Commission Terms
12.1 We may conduct special promotions related to certain products, services, games, customer activity, special events, and other matters through the Programme System from time to time (“Special Promotions”) and in connection with same, establish certain additional terms, Earnings rates, incentives, deposit and wagering requirements, or other additional terms and conditions (“Special Terms”). In the event you wish to participate in one of the Special Promotions, you understand and agree that such participation will be subject to the Special Terms, as applicable.
12.2 All payments due to you are based on our own statistics, records and calculations. All decisions made by us regarding the tracking, calculation or payment of your Earnings or other payments shall be made by us in our sole discretion.
12.3 We reserve the right to review all activity in connection with your participation in the Programme for possible Fraudulent Activity or activity which we believe in our sole discretion to be in bad faith or violation of these Terms.
12.4 We do not pay Earnings in connection with Match Betting, Arbitrage Betting or any roulette playing schemes or casino systems where players are advised on how to play to beat the casino.
12.5 We do not pay for Incentivised Traffic in any form.
12.6 You will not be entitled to any payment related to any customer activity and/or traffic that we deem, in our sole discretion, to be unlawful, abusive, not generated in good faith, or based on Fraudulent Activity.
12.7 We do not pay for any customer activity related to brand bidding or any activity which we consider to be a breach of our intellectual property rights.
12.8 We reserve the right to pass on any Fraud Costs to your account. These Fraud Costs shall be deducted from any payment owed to you. In the event the Fraud Costs exceed the amount of payments owed to you, we reserve the right to collect such sums from you directly.
12.9 We reserve the right to refuse any potential New Customer, to lock or close a customer's account, or to take other action which we may deem necessary in order to preserve the integrity or safety of the SUPABETS site. In the event that we refuse, suspend or close any customer's account for any reason, then you will be not be entitled to revenue share in respect of the affected customer's account as of the date of suspension or closure but, for the avoidance of doubt, any revenue share earned prior to such date will be paid to you in accordance with these Terms.
13. Negative Rollover Policy
13.1 In the event that a Revenue Share calculated by us in any calendar month is a negative amount, we will be entitled, but not obliged, to carry forward and set off such negative amount against all future Revenue Shares, which would otherwise be payable to you, until the negative balance is set off in full.
For example, if in month 1 our Net Profit in respect of the Customers is positive R100 000, in month 2 it is negative R5 000, in month 3 it is negative R1 000, and in month 4 it is positive R100 000, you will receive a Referral Commission of R2 000 in month 1, nothing in months 2 and 3 and R18 800 in month 4 (assuming a Referral Commission percentage of 20%):
Commission at 20%
R18 800 (i.e. R20 000 - R1 000 – R200)
14. Payment Terms
14.1 Your SUPABETS Affiliate account must have a minimum of five (5) New Customers in the prior three calendar months before you may be eligible for any affiliate payment. If you became an affiliate after May 1st, 2021 this Section shall not apply to you.
14.2 You will only be paid an affiliate Commissions payment once you have a balance of at least R1500, (or the local currency equivalent) owing to you.
14.3 If you are to be paid via Wire Transfer, you will only be paid by bank wire if the total amount owed is R10 000 or more (or the local currency equivalent).
14.4 If you are eligible for an Affiliate Commissions payment, we shall process the fees earned by you in the previous calendar month by the fifteenth working day of the following month.
14.5 We shall not be liable to you in any amount whatsoever for late payments due to technical, third party or any other unforeseen events.
14.6 Payment shall by default be made to you in ZAR , however, payments may upon request also be processed in the requested currency at the market exchange rate (the xe.com mid-market rate) on the date that the payment report is compiled by SUPABETS (between 2 nd and 5 th day of the following month).
14.7 You shall not change your payment details after the end of the calendar month in respect of which payment is being made.
14.8 You are responsible for the reporting and payment of any taxes, tariffs or other governmental fees, charges or levies applicable to any Commission payable to you in connection with your participation in the Programme. All amounts payable to you are exclusive of all sales, use, value-added, withholding, and other taxes and duties. You undertake and agree to promptly reimburse SUPABETS for any and all taxes or duties that SUPABETS may be required to pay in connection with your participation in the Programme, except for taxes payable on SUPABETS’ net income.
14.9 We reserve the right to change the fee payment schedules and methods of calculation at any time, in our sole discretion.
15. Affiliate Networks
If you are joining the Programme in the capacity of an affiliate marketing network, you represent, warrant and undertake that the terms and conditions of your marketing network are at least as restrictive as those set out herein, and that you shall be responsible for all activity undertaken by your affiliates. SUPABETS reserves the right in its sole discretion to request written documentation of your compliance with this clause, and your failure to promptly provide such documentation upon request shall be deemed a material breach of these terms.
16. Ownership of Customer Data
16.1 You acknowledge and agree that all information relating to any referred customer is the exclusive and sole property of SUPABETS and that you shall have no rights therein whatsoever excluding any information that you gather independently, outside of your participation in the Programme.
16.2 You acknowledge and agree that any data we collect from you may be transferred to, and stored at, a destination outside of the Marketing Territory which is applicable to you. It may also be processed by staff operating outside of the Marketing Territory which applicable to you, who work for us or for one of our suppliers.
- All rights and licenses granted to you hereunder are non-transferable and non-sublicensable, save that you may assign or delegate any of your duties or obligations to a sub-affiliate approved in writing by SUPABETS (the "Sub-Affiliates"). SUPABETS reserves the right in its sole discretion to require your Sub-Affiliates to join the Programme as a condition of their undertaking any activities as a Sub-Affiliate.
- You are responsible for ensuring that all activity of any Sub-Affiliates is in full compliance with these Affiliate Terms, and any duties and obligations applicable to you hereunder shall equally apply to the Sub-Affiliates. Between you and SUPABETS, you shall be solely responsible for ensuring the full compliance with these Affiliate Terms by Sub-Affiliates, and you shall remain solely responsible for any acts or omissions of your Sub-Affiliates in violation of these Affiliate Terms.
- The commission due to you in respect of the activity of any approved Sub-Affiliate shall be agreed expressly in writing by SUPABETS. Interested Affiliates may contact their dedicated account manager or the SUPABETS support team at AFFILIATES@SUPABETS.CO.ZA. You shall not receive any other payment or compensation from such Sub-Affiliates under these Affiliate Terms, and you are not entitled to receive any payment from any second tier Sub-Affiliates or any other tier of affiliates other than a single tier of Sub-Affiliates.
18. Restriction on Activities by Related Persons / Entities
In order to prevent the potential for abuse and Fraudulent Activity, SUPABETS does not pay Commission for customer referrals in certain circumstances, such as when you have an existing relationship with the referred customer unless marketing via existing relationships has been expressly permitted by SUPABETS Affiliates. While decisions shall be taken on a case-by-case basis, we provide for illustration purposes the following non-exhaustive list of scenarios where Earnings shall not be paid and providedthat such activities haven’t been expressly permitted by SUPABETS Affiliates:
a) you shall not earn any fees or Earnings on any additional Programme account set up by you, or on your behalf;
b) you shall not earn Earnings on any Programme account/s set up by your employees; or
c) if you, or, if applicable, your employees, agents, or family members, sign up as a customer on one of the SUPABETS Sites after being referred to the site by you, we will not pay any Earnings or amounts related to such activity and we have the right to terminate your enrolment in the Programme and cancel these Terms.
19. Account Security
19.1 You are responsible to guard the security of your Programme username and password, and may not share your login details with any third party. You shall be solely responsible for all activity occurring under your Affiliate account.
19.2 We may require you from time to time to positively verify your account details in order to receive continuing Earnings or to prevent Fraudulent Activity in connection with your account. This is to protect both you and us from potential illegal or Fraudulent Activity. This verification process may require the submission of additional personal documentation proving identity, payment and physical address details.
20.1 During your participation in the Programme, we may share with you certain Confidential Information owned by SUPABETS or its licensors. You undertake and agree that you will not use the Confidential Information for any purpose other than to discharge your obligations to SUPABETS in accordance with these Terms, and that you will not publish or disclose the Confidential Information to any third party without our express written permission.
20.2 You undertake and agree to take all reasonable measures to maintain the confidentiality of our Confidential Information, which will in no event be less than reasonable care.
21. Money Laundering; Anti-Bribery
21.1 You undertake and agree that your participation in the Programme shall not, directly or indirectly, encourage, benefit from, or be party/privy to, any money laundering or related illegal activities. SUPABETS Affiliates prohibits, and undertakes efforts to prevent, money-laundering activities and other activities that may facilitate money-laundering or the funding of terrorist or criminal activities in connection with the Programme. You hereby agree to provide SUPABETS Affiliates or its designated agents with all requested assistance and documentation in connection with such efforts, including but not limited to: (a) for individuals, copies of your current: passport, driving licence, utility bill, bank statement, or other documents; or (b) in the case of a corporation, copies of: the company's certificate of incorporation, constitutional documentation, identity of the directors, officers and beneficial owners of the company. You agree that SUPABETS Affiliates may undertake independent identity verification procedures in its sole discretion which may include the procurement of information from public or private sources for identity verification and crime prevention purposes.
21.2 You understand and agree that some jurisdictions in which we operate have strict laws on money laundering that may impose an obligation upon us to report you to the national or local authorities within such jurisdictions if we know, suspect or have reason to suspect, that any transactions in which you are directly, or indirectly, involved, involve funds, derived from illegal activities, or are intended to conceal funds derived from illegal activities or involve the use of the Programme to facilitate criminal activity.
21.3 You understand and agree that, if we have any knowledge, belief or suspicion that any money laundering or illegal activity may have occurred, we may at our absolute discretion: (a) immediately suspend, deregister or terminate your membership of the Programme; (b) decline to pay you any further Earnings and/or (c) report you to the aforementioned national or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.
21.4 SUPABETS Affiliates is committed, in accordance with its zero-tolerance policy for bribery and corruption (the “Anti-Bribery and Corruption Policy”), to ensure that all of its activities and the activities of all of its Affiliates and business partners comply with all applicable laws and regulations and accord to the highest principles of corporate ethics. Accordingly, in performing your activities under these terms, you undertake to comply with all applicable laws related to the fight against bribery and corruption and shall not offer, promise, give, authorize, solicit or accept any undue pecuniary or other advantage related to any prospective New Customers, “impressions”, “clicks”, “acquisitions”, “installations”, “views”, “leads”, “registrations", payments made under this Agreement or otherwise. SUPABETS Affiliates shall immediately terminate this Agreement if it determines, in its sole discretion that any of your activities do not fully comply with this Anti-Bribery and Corruption Policy.
22.1 You shall defend, indemnify, and hold us and our 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 your performance of your duties and obligations under these Terms or any breach by you of these Terms or any warranty, representation, or agreement contained in these Terms.
22.2 In the event we are subject to any third party claim or investigation as a result of the activities of you in connection with these Terms, we reserve the right to withhold any Earnings, fee or other amount due, as an offset against any cost or liability which may attach as a result of such claim or investigation, in addition to any other remedy available to us.
23. Disclaimer of Warranty
We make no express or implied warranties or representations with respect to the Programme, the Marketing Material, the Programme System, or any SUPABETS Site, including, without limitation, any warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site (including any tracking mechanisms) will be uninterrupted or error-free, and we make no guarantees regarding the amount of which may be generated as a result of your participation in the Programme. We will not be liable for the consequences of any such interruptions or errors.
24. Limitation of Liability
Except in the event of: (a) bodily injury or death caused by SUPABETS Affiliates negligence, or (b) any liability which cannot be excluded as a matter of law, SUPABETS Affiliates total and aggregate liability towards Affiliate or any third party, whether in an action based on contract, tort, warranty or any other legal theory, shall not exceed the amount of fees or Earnings generated by you during the twelve month period prior to the incident giving rise to liability, and (ii) in no event will SUPABETS Affiliates be liable toward Affiliate or any third party for any special, indirect, incidental, punitive or consequential damages, including but not limited to damages for loss of profits, business, revenue, or economic advantage.
25. Term and Termination
25.1 These Terms will come into effect upon the date of this Agreement and shall continue in full force and effect until terminated in accordance with the provisions of this clause 24 ("Term and Termination").
25.2 Either party may terminate this Agreement for convenience at any time, effective upon providing 30 days’ written notice to the other.
25.3. Either party may terminate this Agreement, immediately effective upon written notice to the other, if (a) the other party commits a material breach of these Terms and such breach has not been cured by such party within 10 days of receiving notice of the material breach; (b) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings; or (c) upon the other party’s dissolution or ceasing to do business.
25.4 Any notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Terms shall accordingly terminate with immediate effect.
25.5 In the event of termination of these Terms for any reason:
a) all rights and licenses granted to you in these Terms shall immediately terminate;
b) you must immediately cease all marketing activity, cease the distribution of any Marketing Materials, and disable any links from your Site to any SUPABETS Site;
c) you must promptly return to us any Confidential information and/or customer information, and all copies of same in your possession, custody and control; and
d) for clarification purposes, termination will not exculpate you from any liability arising from any breach of these Terms, that occurred prior to termination.
25.6 Upon termination, you shall cease to be entitled to receive Earnings as specified herein, even if such Earnings relate to New Customers acquired prior to the effective date of termination.
25.7 In the event we terminate your participation in the Programme as a result of a breach of these terms by you, you shall not be entitled to receive any additional Earnings effective the date of termination. In the event we terminate your participation in the Programme as a result of Fraudulent Activity or activities which we believe to be unlawful or in bad faith, we reserve the right to recover any payments previously made to you and seek the recovery of all costs incurred in the investigation of such activities and the closure of your account, in addition to any other rights and remedies available at law.
Any notice or communication hereunder shall be in writing, sent via e-mail to the party’s designated address. All notices shall be in English, effective upon sending.
a) The designated e-mail address for SUPABETS Affiliates is: AFFILIATES@SUPABETS.CO.ZA
b) Your designated e-mail address is the e-mail address provided by you at the time of registration.
27. Sale of Your Business
27.1 If you wish to sell, or otherwise dispose of the shares or assets of your Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of your business) you shall be required, prior to completing the sale, disposal or transfer, to:
a) Give us no less than 30 (thirty) days prior written notice of such intention, provide such details as we may request (which shall include, but not be limited to, your Affiliate Account Number and full details of the intended purchaser, including their banking details and, if they are already an affiliate of the Programme, their Affiliate Account Number) and furnish us with an irrevocable consent and authority to pay the selling affiliate’s Earnings, after the sale is completed, to the purchaser, in a form acceptable to us in our sole discretion; and
b) Make the deed of sale subject to the suspensive condition that we approve such purchaser as an Affiliate of the Affiliate Programme and that such intended purchaser shall, subject to our approval (at our sole discretion) join the Affiliate Programme.
27.2 You agree that we shall have sole discretion to approve or reject any proposed assignment, novation or transfer of your rights under these Terms to any prospective purchaser or third party.
27.3 Any approval of your request to novate or transfer your rights to any third party will terminate your enrolment in the Programme on the date of transfer.
27.4 If we reject the intended purchaser as an Affiliate of the Programme and you nevertheless decide to proceed with the sale/change of control or transaction contemplated above, then we reserve the right to terminate your enrolment in the Programme immediately.
28. Relationship of Parties
28.1 You and SUPABETS Affiliates are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
28.2 You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations, unless we agree in writing to be so bound.
28.3 You agree that you are not, and shall not be treated as, an employee with respect to, as applicable, any federal, national, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned codes and acts.
29.1 During your participation in the Programme, and for a period of 6 months after any termination of such participation, you undertake not, either directly or indirectly, to solicit, or attempt to solicit, divert or hire away any person engaged by SUPABETS Affiliates as an employee, contractor or consultant at the time of solicitation or during the 12 month period preceding the solicitation.
29.2 Should you have any doubt as to whether an individual is engaged by SUPABETS, then you must, prior to attempting any solicitation of such individual, to make a written inquiry of SUPABETS Affiliates in this regard. Your failure to confirm the status of any individual prior to a solicitation shall not relieve you from your duties and obligations under this non-solicitation clause.
29.3 You agree that in the event of a breach of this non-solicitation clause, SUPABETS Affiliates shall suffer substantial and irreparable harm which may not be adequately compensated for by the payment of damages. As a result, SUPABETS shall be entitled to seek injunctive relief in any court of competent jurisdiction to enjoin or prevent such solicitation, and that this will not limit any other causes of action or legal redress that may be available to SUPABETS Affiliates.
30.1 These Terms will be governed by the laws of Malta without reference to rules governing choice of laws. Any action relating to these Terms must be brought in Malta and you irrevocably consent to the jurisdiction of these courts.
30.2 Notwithstanding the Clause 29.1, you undertake to comply fully with the laws of the jurisdiction in which you are domiciled.
30.3 Nothing in this Agreement confers or purports to confer on any third party any benefit or right to enforce any term of this Contract.
30.4 Except as provided in clause 26 (“Sale of Your Business”), you may not assign or delegate any right, duty or obligation under these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assign, transfer or novation by you in violation of these Terms is void and shall have no effect. Subject to that restriction, these Terms will be binding on, enure to the benefit of, and enforceable against you and us and your and our respective successors and assigns.
30.5 Our failure to enforce your strict performance of any provision of these Terms will not constitute nor be construed as a waiver of our right to subsequently enforce such provision or any other provision of these Terms. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
30.6 Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
30.7 The exercise of one or more of the provisions of these Terms shall not preclude the exercise of any other provision.
30.8 You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of these Terms and, in the event of a breach or threatened breach of any provision of these Terms, the respective rights and obligations of the parties shall be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in these Terms shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of these Terms.
30.9 Whenever possible, each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these Terms 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 these Terms or any provision hereof.
30.10 Any headings in these Terms are inserted for convenience only and shall not affect its construction.
30.11 These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and nullifies all previous understandings, both oral and written, between the parties in respect of the subject matter hereof and shall supersede all previous agreements between the parties, whether made orally or in writing.
31. KYC (Know Your Customer)
As part of SUPABETS's ongoing commitment to security and regulatory compliance we require the following information to be completed for our KYC policy.
Affiliates belonging to the SUPABETS aFFILIATE Programme will be required to supply these documentation at the sole discretion of the Management of the Programme and / or when the life-to-date earnings reaches R10 000 (or the local currency equivalent).
- Copy of a valid identity document with a clear photograph. Documents such a a Passport, Drivers License, Identity Card will be accepted.
- Proof of address: copy of a household utility bill, bank or savings account statement that is not older than 3 months.
- Company registration number and certificate of incorporation.
- Copy of a valid identity document of the Company's directors with a clear photograph such as Passport, Driver’s License, Identity Card.
Payment Method Verification
In order to verify the ownership of the payment method whether an individual or corporate affiliate, you will need to set up your payment details for your selected payment method. The following is required for verification:
- Bank Wire: Verification of the following details on the bank's headed paper: Full Name / Surname (for individuals), Company Name (for Corporate), address and account number. The statement / verification cannot be older than 3 months.
PLEASE NOTE that the SUPABETS Affiliate Programme do not need a bank statement with transactional history. We only require information to verify that validity of the information provided.
In the event that you update your payment details you will be required to send us some information so that we can verify the ownership of the updated payment method as per the above requirement.
1) Documents must be fully legible and high resolution.
2) Expired documents will not be accepted.
3) Documents in languages other than English can be accepted.
Documents are to be sent to your dedicated Account Manager.
SUPABETS must successfully verify your identity as described in this Section 30. If you have not been fully verified, SUPABETS reserves the right to withhold any Earnings due to you.