BETWEEN Bet Yetu Group, a company registered in the United Kingdom
operating in multiple African territories with local licenses within these
territories, AND YOU: the individual or business entity stated in the affiliate
sign up form (hereinafter referred to as the “Affiliate”),
The Affiliate hosts a website for marketing purposes;
The Company provides online sports betting, casinos and ither gambling related
services, namely BetYetu and Mkekabet (the “company websites“); and
makes use of Affiliates in order to promote and market the websites through its
affiliate program, which is outlined from time to time by the Company (the
The Company desires to, and the Affiliate agrees to, enter into an agreement
whereby the Affiliate will promote one or both company websites, by linking to
the company websites in accordance with the terms of this Agreement.
The parties hereby agree as follows:
1. The Purpose
The Company offers online sports betting, casino, and other gambling related
services to play via it’s websites, namely BetYetu and Mkekabet (hereinafter
referred to as “the company websites”.)
The Affiliate maintains and operates one or more websites on the internet
(hereinafter collectively referred to as the “affiliate sites”).
This Agreement is to govern the terms and conditions with regards to the
promotion of the websites held by the company by the Affiliate, the commission
payable to the Affiliate depending on the traffic generated to the company
websites, subject to the terms and conditions of this Agreement, and to the
applicable commission structure as mentioned further on in this Agreement.
2. Enrollment and
To enroll as an affiliate in the BetYetu Partners affiliate program, you will
need to register by completing the online form.
By promoting any of the participating brands through material such as banners,
text links, mailers, or similar marketing tools aimed to direct potential users
to our sites, you are deemed to have agreed to be bound by all the terms and
conditions set out in this Agreement.
With this Agreement, you are an affiliate of the sites and get rewarded a
commission for referring customers to the company websites as detailed
hereunder in this agreement.
Both parties are considered individual entities and this Agreement does not in
any way create any legal relationship such as partnership, franchise, joint
venture, agent or agency, sales representative, or any kind of employment
between the parties. You are not allowed to represent the company websites on
their behalf nor make any statements that might in any way conflict with this
Nothing contained in this Agreement, nor any action taken by any party to this
Agreement, shall be deemed to constitute either party (or any of such party’s
employees, agents, or representatives) an employee, or legal representative of
the other party, nor to create any partnership, joint venture, association, or
syndication among or between the parties, nor to confer on either party any
express or implied right, power or authority to enter into any agreement or
commitment on behalf of (nor to impose any obligation upon) the other.
4. Rights and Obligations
of the Affiliate
The Affiliate shall provide the services as agreed to effectively advertise and
promote the participating company websites in order to help optimize the
benefit for all Parties.
The Affiliate shall adhere to the guidelines of the Company from time to time
The Affiliate operates under its own name and is responsible for the
development, operation, and maintenance of their sites as well as for all
material appearing on the Affiliate sites.
All of the content of the Affiliate sites and the Affiliate’s marketing
activities shall be in a professional, proper, and lawful manner under the
applicable laws, and in accordance with the terms of this Agreement.
Affiliates targeting users/visitors residing within Great Britain
must have their account reviewed and approved before promoting the company
websites. If the account has not been approved, the commissions generated from
such jurisdiction will be voided.
The approval process requires the Affiliate to provide the Company with a list
of all the locations that will be used to promote the company websites. The
Company will evaluate the Affiliate’s understanding of the advertising rules
and compliance towards the Marketing and Advertising Codes of Practice (CAP) by
carrying out a review of each of the provided channels.
The Affiliate may not purchase or register keywords, search terms, or other
identifiers for use in any search engine, portal, sponsored advertising
service, or other search or referral service which are identical or similar to
any of the Company’s trademarks or include metatags on the Affiliate sites
which are identical or similar to any of the Company’s trademarks. The
Affiliate may use or purchase any of the above mentioned terms in this article
only by obtaining prior approval in writing.
The Affiliate agrees to only use materials provided by the company’s Affiliate
Program or any other material which the company has approved in writing to be
so used in order for commission to be paid.
The Affiliate may not use any framing techniques or technology on the company
websites, or encourage any third party to do so.
The Affiliate may not be under 18 years of age; and he/she is obliged to
provide the Company upon request a copy of his/her ID or passport.
The Affiliate shall not perform any act which is libelous, discriminatory,
obscene, or otherwise unsuitable, or which contains sexually explicit,
pornographic, obscene or graphically violent materials. Further, the Affiliate
sites shall not use the Company’s trademark in any way that may harm the
Company, its trademark, its goodwill, and its branding. It is essential that
the Affiliate sites reflect positively upon the company websites.
The Affiliate hereby agrees that traffic to the company websites will not be
generated by illicit or fraudulent activity, mainly but not limited to sending
spam or registering as a player or making deposits directly or indirectly to
any player account through his tracker(s) for its own personal use and/or the
use of its relatives, friends, employees, or other third parties, or in any
other way attempt to artificially increase the commission payable or to
otherwise defraud the Company. Violation of this provision shall be deemed to
The Affiliate agrees that the Affiliate sites are not presented in such a way
that it might give rise to confusion with the company websites and/or the
The Affiliate may not use the company websites or other terms, trademarks, and
other intellectual property rights that are vested in the Company unless it has
been provided to the Affiliate for that purpose by the Company, or the Company
explicitly consents to such use in writing.
The Affiliate shall not target any person who is under the legal age for
gambling, nor target any restricted jurisdictions where gambling and the
promotion thereof are illegal; such restricted jurisdictions
include: Anguilla, Australia, Belgium, Bermuda, British Indian Ocean
Territory, Estonia, Portugal, Romania, Serbia, Cayman Islands, Czech Republic, Cyprus, Denmark, Falkland Islands Malvinas, France,
French Guiana, French Polynesia, French Southern Territories, Gibraltar,
Guadaloupe, Guam, Guernsey, Hungary, Isle of Man, Israel, Italy, Jersey,
Martinique, Mayotte, Montserrat, Netherlands, New Caledonia, Northern Mariana
Islands, Pitcairn, Poland, Reunion, Russia, Saint Barthelemy, Saint Helena,
Saint Martin, Saint Pierre and Miquelon, South Georgia and the South Sandwich
Islands, Spain, Turks and Caicos Islands, United States, United States Minor
Outlying Islands, Vanuatu, Virgin Islands UK, Virgin Islands US and Wallis and
The Affiliate shall hold indemnified and harmless the Company and each of its
employees, shareholders, and partners (the “Indemnified Parties”) from and
against any and all losses, demands, claims, damages, costs, expenses
(including without limitation consequential losses and loss of profit,
reasonable legal costs and expenses), and liabilities suffered or incurred,
directly or indirectly, by the Indemnified Parties in consequence of any
breach, non-performance, or non-observance of this Agreement by the Affiliate.
5. Rights and obligations
of the Company
Periodically, the Company reserves the right to review the marketing
activities of Affiliates. If the Company considers an Affiliate to be in breach
of the Marketing and Advertising Codes of Practice – CAP (UK jurisdiction) or
the Code of Commercial Communications (MGA jurisdiction) and if not solved
within the allotted time, the Company will void the Affiliate’s commission. The
Company may terminate the agreement if the Affiliate fails to respond and
commit to fix the breaches within 15 days or if the measures taken by the
affiliate are insufficient or in an unreasonable timeframe.
The Company shall hold the right to terminate, amend, and/or close
its Affiliate Program at any time and in any manner the Company deems
appropriate. Any such changes will be communicated to the Affiliate both on the
Affiliate program website and via email to the Affiliate.
The Company’s liability under this Agreement is limited, to the maximum extent
permitted by applicable law, to direct damages up to the amount the Affiliate
has received as remuneration from the Company within the last six (6) months.
Further, the Company shall not be liable for any indirect losses, damages, or
loss of income incurred by the Affiliate, damages due to business interruption,
or loss of information, even if such losses should arise from the inability of
the Company to operate its Affiliate Program as stipulated in this Agreement,
whether the Company is at fault or whether a third party is at fault.
The company shall pay the Affiliate agreed commission based on performance.
The commission shall be paid for continuously, for as long as the new customer
holds an account at the company websites.
Net revenue is the gross revenue generated from a player’s bets and losses less
bonus cost (the game win) less the cost for licensing fees, betting and gaming
taxes, payment processing costs, jackpot contributions, and any cost associated
with fraud such as chargebacks or refunds.
New customers mean customers of the Company who do not yet have an account with
the Company and who access the company websites via the Affiliate sites,
properly register and then make real money transfers at least equivalent to the
minimum deposit into their company websites’ account.
The commission is calculated at the end of each month and payments shall be
performed within the twentieth (20th) of the following calendar month.
The commission shall be paid by means of the payment method chosen by the
Affiliate in the application process. The minimum payout level is 100 USD; if
the level is lower, the commission will be transferred to the next month until
the payment value has reached at least 100 USD.
If the Affiliate disagrees with the balance received, the Affiliate shall,
within a period of thirty (30) days, contact the Company and indicate the
reasons of the dispute. Failure to report within the prescribed time limit shall
be deemed an acknowledgment of the balance due for the period indicated. If an
error is made in calculating the commission, the Company reserves the right to
correct such calculation at any time and will immediately pay out any
underpayment or reclaim any overpayment made to the Affiliate.
The Affiliate hereby agrees to return all commissions received based on
fraudulent or falsified transactions, or when the traffic generated is illegal
or contravenes any provision of these terms and conditions, plus all costs for
legal causes or actions that may be brought against the Affiliate.
The Affiliate is responsible for the payment of any and all taxes, fees,
charges, and any other money payable or due both locally and abroad to any tax
authority as a result of the revenue generated under this Agreement.
The Affiliate, acting in a private capacity, further undertakes to pay social
security contributions on the remuneration received under this Agreement.
The Affiliate, acting within a business capacity, is required to provide the
company registration number and a VAT number to the Company. Otherwise, the
Affiliate is considered to be acting in a private capacity.
All payments shall be made in USD (United States Dollar) or in such other
currency that may be determined by the Company and regardless of the currency
of the Affiliate’s home country.
The Company has the right to withhold any and/or all payments to the Affiliate
if the Affiliate is in breach of any of the provisions of this Agreement.
If for whatever reason the payments made to the Affiliate have a higher
incremented value, the company would have the authority to revoke or deduct
that money from the months to come.
7. Use of Branding
Materials, Trademarks, and other intellectual property rights
The Affiliate is hereby granted a non-exclusive and worldwide right to use and
display the Company’s trademarks during the term of this Agreement, solely to
the extent that such use has been explicitly approved by the Company for
display on the Affiliate sites as set out in this Agreement and in accordance
with the Company’s guidelines (as may be provided to the Affiliate from time to
The Affiliate is not permitted to alter or in any way modify content provided
by the Company without the express prior written consent of the Company
All intellectual property rights and any goodwill arising in links and all
marketing products, associated systems and software relating to the company
websites shall remain the property of the Company. The Affiliate shall not
acquire any intellectual property rights whatsoever in such materials.
In particular, unless prior written approval is given, the Affiliate may not
purchase, register, or use domain names that are identical or similar to any of
the Company’s trademarks or otherwise include words or variations that are
identical or equivocally similar to any of the Company’s trademarks or branding
Further, the Affiliate agrees that the Affiliate sites shall not in any way
resemble the appearance and/or the general impression of the company websites,
nor will the Affiliate create the impression that the Affiliate sites are the
company websites or any part thereof.
8. Term and Termination
This Agreement shall commence on the date of the Affiliate’s acceptance of the
Agreement as part of the registration process and continue here after unless
and until terminated as provided in this Agreement.
Either party may, during the first year, terminate this Agreement by giving the
other party thirty (30) days’ notice in writing. For each additional year the
Agreement has been in effect, the notice of termination shall an additional
thirty (30) days’ notice, up to a six-(6) months’ notice, when the Agreement
has been in effect for six years or longer. Written notification may be given
Should the Affiliate commit a breach of the terms of this Agreement, the
Company is entitled to terminate this Agreement in writing with immediate
effect. Written notification may be given by email.
Upon the termination of this Agreement, all rights and licenses granted to the
Affiliate under this Agreement shall immediately terminate, and the Affiliate
will cease the use of any trademarks, service marks, logos, and other
designations of the Company.
The Affiliate must return to the Company any and all confidential information
(and all copies and derivations thereof) in the Affiliate’s possession and
The Affiliate will be entitled to any earned and unpaid commissions, even after
the effective date of termination provided the termination is not based on a
breach by the Affiliate. However, the company may withhold the Affiliate’s
final payment for a reasonable time to ensure that the correct amount is paid.
The parties specifically agree that upon termination of this Agreement by
either party, the Affiliate shall no longer be entitled to receive any payment
whatsoever from the Company.
The Affiliate will release the Company from all obligations and liabilities
occurring or arising after the date of termination, except with respect to
those obligations that by their nature are designed to survive termination.
Termination will not relieve the Affiliate from any liability arising from any
breach of this Agreement that occurred prior to termination and/or to any
liability arising from any breach of confidential information even if the
breach arises at any time following the termination of this Agreement. The
Affiliate’s obligation of confidentiality towards the Company shall survive the
termination of this Agreement.
9. Notices and the
Relationship of the Parties
Notices to the Company given or made under this Agreement shall be made by
email and sent to the manager of the Affiliate Program and, to the Affiliate by
the Affiliate’s email address as supplied in their application form or such
other email address as notified in writing by the Affiliate to the Company. Any
notice shall be deemed to have been received within two hours of delivery. If
deemed receipt occurs after 5.00 pm on a work day or occurs on any day which is
not a work day, the notice shall be deemed to have been received at 9.00 am on
the next work day.
If any provision of this Agreement is held to be unenforceable in any respect,
such provision will be ineffective only to the extent of such unenforceability,
without invalidating the remainder of this Agreement. No waiver will be implied
from conduct or failure to enforce any rights.
11. Confidentiality and
All information, including but not limited to business and financial, lists of
customers and buyers, as well as price and sales information, and any
information relating to products, records, operations, business plans,
processes, product information, business know-how or logic, trade secrets,
market opportunities, and personal data of the Company shall be treated
confidentially (“Confidential Information”). Such information must not be used
for the Affiliate’s own commercial or other purposes or divulged to any person
or third party. The Affiliate obliges himself not to use the confidential
information for any purpose other than the performance of its obligations under
This Agreement constitutes the entire Agreement and understanding of the
parties; it supersedes any previous agreement or understandings between the
parties relating to the subject matter of this Agreement.
12. Force Majeure
Neither parties shall be liable for any delay or failure to perform its
obligations under this Agreement if such delay or failure arises from a cause
beyond the reasonable control of and is not the fault of such party, including
but not limited to labour disputes, strikes, industrial disturbances, acts of
God, acts of terrorism, floods, lightning, utility or communications failures,
earthquakes, or other causalities. If a force majeure event occurs, the
non-performing party is excused from any performance prevented by the force
majeure event. If the force majeure event subsists for a period exceeding
thirty (30) days, then either party may terminate the Agreement without notice.
13. Disputes and Governing
Agreement shall be construed in accordance with and governed by the laws of the
United Kingdom. Any disputes or claims arising out of or in connection with
this contract, or the breach, termination, or invalidity thereof, shall be
finally settled by arbitration in accordance with the Laws of the United
Kingdom of Great Britain.