This Agreement contains the terms and conditions that apply to your participation in the affiliate program of LottoPawa.co.ke.
1. GENERAL
1.1. This Agreement sets the terms for our relationship with you in relation to the Affiliate Program for the Websites lottopawa.co.ke and pawapartners.co.ke
1.2. By submitting the Affiliate Sign-up Form, you agree to all the terms and conditions set out in this Agreement.
1.3. We reserve the right to modify any of the terms of this Agreement at any time, in our sole discretion, by either emailing you a change notice or by posting the new version of the Agreement on our Website. Any such modification will only take effect 30 days after the date of posting or sending of any such notice (whichever is earlier). Your continued participation in the Affiliate Program following such 30 day period will be deemed binding acceptance of the modification.
2. DEFINITIONS
For this Agreement, we define the following terms:
“Account” means a uniquely assigned customer account that is created for a Player when he/she successfully registers for the Services of lottopawa.co.ke and makes a deposit.
“Affiliate Commission” is the amount due and payable to you, as calculated based on our system’s data and in accordance with the terms of this Agreement and the Commissions and payments terms set on our Website (subject to change by us in our discretion).
“Affiliate Section” means the password-protected area of the Website that is accessible to you, providing you with relevant statistics, profile information and trackers, banners, links, and marketing materials.
“Fraud Traffic” means deposits, revenues, or traffic generated by illegal means or any other action committed in bad faith to defraud us (as determined by us and any activity which constitutes Fraud Traffic under Section 3.7 below.
“Marketing Materials” means banners, widgets, text links, and any other marketing materials provided or made available to you by us.
“Our Brand” means the words “LottoPawa”, and/or any logo, mark, domain name, or trade name which contains or is confusingly similar to the name and LottoPawa.
“Player(s)” means any person who has opened an Account using your Tracker who has not held an Account with us before and made a successful deposit.
“Services” means any product or service provided to Players on the LottoPawa Website.
“Spam” means any electronic communication which you send in order to market, promote or otherwise refer to us, our Website or our services, or which contains any of our Marketing Materials, Our Brand Name, or Trackers and which is in breach of our Electronic Marketing Rules set forth in Section 5 below.
“Tracker(s)” means the unique Tracking Codes that we provide exclusively to you, through which we track and assign Players’ and potential Players’ activities and calculate Affiliate Commissions.
“Tracking URL” means a unique hyperlink through which you refer potential Players to our Website. When the relevant Player opens their Account via such a hyperlink, our system automatically logs the Tracking URL and records you as the Affiliate.
“Affiliate Program Website(s)” means, the website located at the URL www.pawapartners.co.ke
“Restricted Territories” means territories that the site does not accept players.
“BCLB” means the Kenyan Betting Control and Licensing Board”.
3. TERMS & CONDITIONS
3.1. You shall provide true and complete information to us when completing the Affiliate Sign-Up Form and promptly update such information if any part of it changes. You shall also provide us with such other information as we may request from you.
3.2. You shall market to and refer potential Players to the LottoPawa Website. You will be solely liable for the content and manner of such marketing activities.
3.2.1. You shall not implement any marketing activities targeting any persons who are less than 18 years of age.
3.2.2. You shall not place Marketing Materials on any online site or other medium which infringes any third party’s intellectual property rights; copies or resembles the LottoPawa Website in whole or in part; or disparages us or otherwise damages our goodwill or reputation in any way.
3.2.3. You shall not in any way interfere with the operation or accessibility of the LottoPawa Website or any page thereof;
3.2.4. You shall not register as a Player on behalf of any third party, or authorize or assist (save by promoting the LottoPawa Website and Services in accordance with this Agreement) any other person to register as a Player.
If we determine, in our sole discretion, that you have engaged in any of the aforementioned activities, we reserve the right (without limiting any other rights or remedies available to us) to withhold any Affiliate Commissions and/or terminate this Agreement immediately on notice.
You shall not undertake any marketing activities which are in breach of the Guidelines of the BCLB, especially no offline advertising via billboards, flyers etc.
3.3. Approved Marketing Materials.
In providing the marketing activities referred to in Section 3.2, you shall only use the Marketing Materials. You shall not modify the Marketing Materials or Our Brands in any way without our prior written consent. You shall only use the Marketing Materials in accordance with the terms of this Agreement, any guidelines we provide to you on our Website or otherwise from time to time, and any applicable laws. During the term of this Agreement, we grant you a terminable, non-exclusive, non-transferable right to use the Marketing Materials for the sole purpose of this Agreement.
3.4. Commercial Use Only.
This marketing opportunity is for commercial use only. You shall not register as a Player or make deposits to any Account (directly or indirectly) through your Tracker(s) to artificially increase the Affiliate Commission payable to you or to defraud us. Violation of this provision shall be deemed to be Fraud Traffic.
3.5. Player Information.
We reserve the right to refuse service to any potential Player and to close the Account of any Player, at any time, in our sole discretion. All data relating to the Players shall, as between you and us, remain our exclusive property and you acquire no right to such information except pursuant to our express written instructions.
3.6. Trademarks, Brands, and Domain Names.
You acknowledge that we own all intellectual property rights comprised in any and all of the Marketing Materials, the Website, and Our Brands. Any use of any trademark, domain name or trade name which contains, is confusingly similar to, or is comprised of Our Brands (other than in accordance with the terms of this Agreement) without our prior written permission shall be unauthorized and further may constitute Fraud Traffic. By way of example, but without limitation, you may not register or use any of Our Brands in any part of any domain name. You shall not register or attempt to register any trademarks or names that contain, are confusingly similar to, or are comprised of Our Brands, and you hereby agree to transfer any such registration obtained by you to us upon demand.
4. REPORTS & PAYMENTS
4.1. Reports.
We will track and report Player activity for the purpose of calculating your Affiliate Commissions. The form, content, and frequency of the reports may vary from time to time in our sole discretion. Generally, you will receive a monthly report with your payment indicating the total amount due to you after any deductions or set-offs that we are entitled to make under this Agreement. In addition, daily reports will be available online for you to view new Players per Tracker.
4.2. Affiliate Commissions accrued in any calendar month will be paid to you by the twentieth day of the following calendar month, after any deductions or set-offs that we are entitled to make under this Agreement.
4.3. Minimum Payment and Time of Payment.
If for any calendar month the total amount due for all Trackers is less than or equal to KSh 500, due to the processing expenses, the balance will be carried over and added to the next month’s Affiliate Commissions until the total amount is higher than KSh 500. In case the amount due is negative in any month, then that negative amount will be carried over and deducted from the following month’s commissions.
4.4. Holdover for Fraud Traffic.
In case we suspect any Fraud Traffic, then we may delay payment of the Affiliate Commissions to you for up to 180 days while we investigate the relevant transactions. We will not pay Affiliate Commissions in respect of Players who, in our sole discretion, are not verifiably who they claim to be or such Players we deem to be Fraud Traffic. If we determine any activity to constitute Fraud Traffic, or to otherwise be in contravention of this Agreement, then in our sole discretion we may: (i) pay the Affiliate Commissions in full, (ii) recalculate them in light of such suspected Fraud Traffic and/or (iii) forfeit your future Affiliate Commissions in respect of Fraud Traffic.
4.5. Method of Payment.
All payments will be due and payable in KSh. Payment will be, if possible, made via M-PESA. Charges for payment will be covered by you and deducted from your Affiliate Commissions.
4.6. Player Tracking and Active Players.
You understand and agree that potential Players must use your Tracker(s) to sign up in order for you to receive Affiliate Commissions. In no event, are we liable for your failure to use Trackers. We may at any time and in our sole discretion alter our tracking system and reporting format.
4.7 Player lifetime and commission payment
You will receive commissions on the revenues generated by any player for a period of 24 months (starting with the date the player has made his/her first purchase. After that period of 24 months, no more commissions will be credited to you for that player.
4.8. Disputes.
In any case of disagreement with the monthly reports or amount payable, do NOT accept payment for such amount and send us written notice of your dispute. Dispute notices must be received within thirty (30) days of our making available your monthly report. Acceptance of payment from us by you will be deemed as full and final settlement of Affiliate Commissions due for the month indicated. In case any overpayment is made in the calculation of your Affiliate Commissions we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you.
4.9. Money Laundering.
You shall comply with all applicable laws and any policy notified by us through our Website or otherwise in relation to money laundering and/or the proceeds of crime.
5. ELECTRONIC MARKETING RULES
If you plan to promote LottoPawa Website through email marketing, then your email practices must comply with the following:
5.1. You have clear and specific consent from the recipient(s) before you send any such communications. The consent must have been given to you by way of an opt-in consent mechanism. Any such tick box must not be pre-populated;
5.2. If such communication includes any promotional offers, then the conditions which the prospective Player must meet in order to qualify for the promotion, competition, or game must be set out clearly and unambiguously in the communication;
5.3. You do not send any such communications to persons under the age of 18 or (if higher), the age of majority in the country of the proposed recipient(s) of any such communication;
5.4. You do not use any viral marketing techniques as part of your electronic marketing activities;
5.5. Any such communications may only promote us, our Services, and/or the LottoPawa Website (and not any third parties, third-party services, and/or third-party sites) and shall not include any content other than our Marketing Materials;
5.6. Any such communication must clearly identify you as the sender of the communication and you shall not falsify or otherwise attempt to hide your identity;
5.7. You must provide an adequate, functioning “opt-out” or “unsubscribe” option in every communication;
5.8. The communication must include a valid address to which the recipient can respond to opt-out/unsubscribe from future marketing communications. The reply address must be active for at least thirty days after sending the communication;
5.9. You honor any opt-out/unsubscribe request made by any recipient. You must not send any further marketing communications to any person who indicates (by whatever means) that they do not wish to receive any further communications;
5.10. Further, you are responsible for ensuring that your communications practices comply with all applicable laws and codes of practice, including (i) European Directives 95/46 on the Protection of Individuals with regard to the Processing of Personal Data and 2002/58 on Privacy and Electronic Communications and any applicable local enactments thereof in relation to electronic marketing in the European Union; and (ii) the United States CAN-SPAM Act of 2003 (Public Law 108-187) in relation to any electronic marketing in the United States.
6. TERM AND TERMINATION
6.1. Term and Termination.
This Agreement will take effect when you indicate your acceptance of these terms and conditions on the Affiliate Sign Up Form and continue until terminated in accordance with the terms of this Agreement.
6.2. Termination By You.
You may terminate this Agreement, with or without cause, immediately upon written notice to us. In addition, you may cease marketing the LottoPawa Website any time you want.
6.3. Termination By Us.
We may terminate this Agreement, with or without cause, upon thirty (30) days’ written notice to you. Further, we may terminate this Agreement immediately, without notice, if you materially breach this Agreement and do not take action to amend such a breach within fifteen (15) days of notice.
6.4. We reserve the right to terminate this Agreement if: (a) the total cumulative balance of Affiliate Commissions due to you is less than KSh 500 for 6 consecutive calendar months, or (b) you do not have any persons qualifying as Players in any one 180 day period. We will communicate such termination to you via email.
6.5. Effect of Termination.
The following will apply upon termination of this Agreement: (a) you shall stop promoting the LottoPawa Website and all rights and licenses given to you under this Agreement will terminate immediately; (b) you shall return all confidential information and cease use of any of Our Brands and the Marketing Materials.
7. LIABILITIES
7.1. No Warranties.
WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE PROGRAM, OUR WEBSITE, THE LOTTOPAWA WEBSITE, OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR WEBSITE OR THE LOTTOPAWA WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS, AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
9. MISCELLANEOUS
9.1. Severability.
Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any other provision hereof.
