TERMS AND CONDITIONS OF Betting.co.zm MWOS Investments Zambia Ltd AFFILIATE PROGRAMME
Betting.co.zm, MWOS Investments Zambia LTD (MWOS). operates under license number 0000965. The below is an agreement between MWOS Investments Zambia LTD as licensed by the Zambian Ministry of Finance and you ("you"), the participants in the MWOS affiliate programme ("Affiliate Programme").
We may, in our own discretion, revise the terms and conditions contained in this agreement or change it at any time by posting a notice advising you of such changes taking place or by posting a new contract agreement on our affiliate site. These adjustments may include, for example, a change in the calculation of the commission or any new guidelines in our affiliate programme.
It is your own responsibility to understand and make sure that you are familiar with our most current version of this agreement. Should you continue to participate in the affiliate programme after we post any updated version of this agreement and its terms, this will constitute your expressed agreement to be bound by the updated version. If and when there is any modification(s) that is unacceptable to you, your only option will be to terminate the agreement immediately. Otherwise, your continued involvement and participation will establish a binding acceptance of the change of the new terms and a new agreement.
Every application to join our affiliate programme is screened and evaluated. Therefore, the decision to accept you to join the affiliate programme is entirely within our discretion. We stand by the right to protect our brand and, as such, we will carefully select people and entities with whom we wish to be associated with. Consequently, you agree that you will not take part in any conduct which may reflect badly on us or tarnish our reputation in any manner. Your continued participation in this affiliate programme is thus contingent on your strict adherence to all of the terms of this agreement.
If you have any questions or any concerns about these terms, please send us an email at support@betting.co.zm
As per our agreement, the following words and expressions shall be understood in the following manner:
Affiliate: An affiliate is a natural or juristic person who has registered and has been accepted by MWOS to be a member of the affiliate program. Where the context applies, the term "affiliate" will occasionally refer to the affiliate as "you."
Affiliate Banner Tag/Account: A tracking tool provided to you by MWOS for the purposes of tracking customer referral activities.
Affiliate website(s): website(s) owned or used by an affiliate to generate online traffic and player referrals to MWOS in accordance with these terms.
Customers: are visitors that visit the affiliate website who will later join our customer database as active players or punters (by their registration on the MWOS betting.co.zm Website via hypertext transfer links or tracking which we will provide to you from time to time via our affiliate site at https://affiliates.betting.co.zm.
Deductible Costs: Any third party expenses incurred by MWOS in relation to the operation of MWOS websites that are attributable to any new customer(s) may include but are not limited to any payment processing charges and fees, licence fees, royalty fee payments, and or any other applicable payments that include but are not limited to payments made by MWOS to third parties in respect of the expenses of software use in respect of any new customer(s).
Earnings: The revenues earned by an affiliate in connection with all the activities they have performed to register or signup new customers to the MWOS websites in accordance with these terms.
Fraudulent Activity: Any activities that are deliberately deceitful, untrue, or dishonest for the sole purpose of obtaining new customers for MWOS. These activities may include, but are not limited to, fraudulent credit card transactions; false account creations; duplicate account creations; chargebacks; fraudulent match betting; automated account creation; and any other form of participation or cheating by an affiliate or by an existing customer or player..
Fraud Costs: Are any costs for damages or losses that happened as a direct or indirect result of a fraudulent activity or activities.
Gross Win: Total revenues generated from settled bets placed by referred customers minus pay-outs.
Incentivized Traffic: Customer traffic or customer activity/activities generated by the promise of some form of reward or payment for taking an action on, or in connection to, any MWOS website. This includes and is not limited to the registration of a new account, the depositing or wagering of customer activity or activities.
Insertion Order: An agreement order between MWOS and the affiliate for the referral of new customers. This agreement contains all the necessary items that pertain to a marketing campaign.
Intellectual Property: An intangible property that includes and is not limited to the trademarks, to the domain name, to service marks, to the trade names, to creativity of logos, patents, designations of copyrights, any trade secrets, copyrights, algorithms and any other proprietary rights owned by or licensed to MWOS.
Local Currency: The Zambian Kwacha (ZMW), the local currency that is applicable to the marketing territory.
Marketing Material: Any product or content such as banners, URL links, graphics, or texts and/or any other promotional materials that are designed and made available for marketing purposes through the affiliate programme.
Marketing Territory: The geographic region that the affiliate is indicated to be operational in, for the valid marketing territory for this agreement is The Republic of Zambia.
Match Betting or Arbitrage Betting: A technique of betting which is intended to give players or customers a guaranteed win at no risk, This includes but is not limited to the use of offered free bets.
New Registration: A natural person or an individual who is at least 18 years old and is a resident in the Territory that the Affiliate directs to the MWOS website and who can be linked to a specific affiliate’s banner tag, who is eligible to open an account on a MWOS website and (a) who successfully opens a new account on a MWOS Site in accordance with the Site’s applicable terms and conditions; and (b) who has not had a previous account on any MWOS Site.
Non-Cash Incentives: Benefits or rewards that are handed out to customers that are not of cash value to maintain the loyalty of a customer (e.g., the cost of a gift to a customer).
Programme System: The website and the affiliate back office that are used by MWOS to manage the affiliate programme are currently located at www.affiliates.betting.co.zm.
Prohibited Site: Any site, social media platforms or page, forum or any other communications tool, regardless of its type, with which the advertisement of a gambling-related activity is unlawful or prohibited.
Qualified Player: Any player who has registered an account, who is over 18 years of age, has made a purchase and placed a bet on the MWOS website. In the event of an agreed CPA commission deal between MWOS and an affiliate, a player might be required to meet certain criteria, such as a purchase baseline as agreed in the Insertion Order by MWOS and the affiliate. For more information, refer to CPA payment terms 3.3.
Spam: Any unsolicited communication sent by e-mail, SMS or any other medium to one or more mailing lists, individuals, forum or newsgroups.
Unsuitable Site: Any website, blog, forum, social media platform(s) or any other communications tool, regardless of its type, that is: aimed at children; that is planned to appeal to a young persons or minors; that promotes or entice violence; that promotes judgment or discriminations based on race, religion, sex, sex orientation, nationality, age or disability; that encourages any illegal activity; that disrupts and violates or enables the violation of intellectual property rights; that disrupts or violates the rights of the privacy of others; that is offensive or contains explicit sexual content; that contains or promotes any unlawful behaviour or content; that contains or provides links to any malicious or harmful software(s), keyloggers, trojans, viruses or malware; or that MWOS believes, in its sole discretion, that may bring MWOS or its affiliated companies and brands into dishonour, shame or disrupt, or that may bring prejudice to the interests of MWOS or its affiliated companies and brands.
General Rights and Obligations
1. Joining the Programme
1.1 You represent and certify that:
(a) The information provided in your affiliate application is correct and up-to-date and you will update it as often as required on an ongoing basis to ensure that it always remains correct;
(b) You have not already registered as an affiliate for Zambia (only one affiliate account is permitted per person for each territory or region);
(c) You are at least 18 years of age, legally capable of entering into a binding contract such as this one, and you are not aware of any legal, commercial, contractual or any other constraint in contradiction of your participation in the affiliate programme as per the terms and provisions of this agreement; and
(d) In the happening that you are registering and signing up on behalf of a company for our affiliate programme, make sure that you have the full right, power and authority to do so and enter into these terms on behalf of the company.
(e) Under no circumstance will you be targeting individuals under the age of 18 years of age during your participation in the affiliate programme
1.2 You accept, that if there is/ are any event that may cause you to void any of the above warranties or statements above during your participation in the affiliate programme you will immediately notify your MWOS account manager of the occurrence and MWOS will be entitled to terminate your participation in the affiliate programme with immediate effect and without the obligation to make any further payments to you at their discretion.
2. Registration of Customers
We reserve the right to accept and register your referred customers and track their transactions on the Betting.co.zm MWOS Investments Zambia Ltd websites and equally reserve the right to lock, or to refuse your referred customers and even close their accounts when and if MWOS will deem it to be necessary.
By opening an account with us, your referred customers will become our customers and, accordingly, must follow all of our rules, guidelines, policies, and operating procedures. Additionally, all information relating to the referred customers from the date of registration going forward is the sole and exclusive property of MWOS and will remain so even after the termination of this agreement. 2.2 Customer Tracking and Reporting
By agreeing to participate in this affiliate or referral programme, you are agreeing that, as an affiliate or business partner, you will create and maintain a unique hypertext transfer link from your site to the MWOS site for the referral of new customers.
We will track all your referred customers’ bets and plays on any of the MWOS websites and make them available to you in reports summarising their activities, which you can access from the MWOS website. We will provide you with online access to all the necessary reports of new customer activity through the pulling of manual reports or by making them available through the affiliate programme portal. The method, content, and frequency of our reports may vary from time to time at our sole discretion and availability.
The report that we will share with you will not contain the identity or any personal information of any of your referred customers, even though we will track their activity to calculate our commission payable to you.
You agree that you are solely responsible for ensuring that all customers that are referred by you are properly tagged with your correct affiliate Banner ID or Tag ID and that you will not receive any credit for any new referred customers that are not properly tagged with your banner ID or Tag ID and that we are not able to otherwise properly link back to your generated Affiliate ID or Banner Tag ID.
You agree that our data and calculations in connection to the tracking of your referred customer's activity or activities shall be final as per the agreement.
2.3 Referral Commission Payment
Referring to paragraph 3 and paragraph 5 of this affiliate agreement, we will pay you a referral commission as calculated according to the terms of this agreement. and as applicable in the Referral Commission Structure that is set out in more detail in paragraph 3 based on the Net Profit (as explained in paragraph 3.1). You will then earn commissions on each of the months that your referred customers actively bet and wager for real money on any of the Betting.co.zm MWOS Investments Zambia Ltd websites.
2.3.1. We will process all your earnings commission from the previous calendar month on the fifteenth (15th) working day of the following month. If you are entitled to earn commissions that are based on a revenue-shared basis, your earnings will be paid out once a month.
2.3.2. We will not be liable to you for any amount whatsoever in the case of late payments that were caused by technical issues, third parties, or any other unexpected events.
2.3.3. All payment will be made to you in the following currencies: in Zambian Kwacha (ZMW), United States Dollars ($), Euros (€) or Pound Sterling (£) as converted from the site https://www.oanda.com/ on the last day of the previous given month, depending on your preference.
2.3.4. All payment shall be made through electronic bank transfers once you have sent us an invoice for payment.
2.3.5. We have a minimum payment threshold of ZMW500 to Zambian bank accounts and a minimum payment threshold of $500 to any that we will be paid once you have a balance that is equal to the "Payment Threshold Amount", or as per the term as defined per the Insertion Order (if there is one signed between MWOS) or otherwise as quantified in the agreement with an affiliate. If the total amount owed to you is less than our payment, then we will roll it over into the next month(s) until the threshold is met and the payment can be processed.
2.3.6. If you have selected wire transfer as your method of payment, you will only be paid by bank wire if the total amount owed is an amount greater than the "Wire Transfer Threshold Amount" for the Marketing Territory applicable to you, as such term is defined in the Insertion Order (if applicable) or otherwise as specified on the Website, as the case may be.
2.3.7. In such cases as your payment details need to change, please note that you will not be able to adjust your payment information in your account during the first 10 (ten) working days of the month . Should you, however, wish to change your payment information, let your account manager know so as to ensure that your payments will be correctly processed.
2.3.8. With your first payment, we will require proof of banking. This is a letter from your bank to verify that the account for payment is properly captured to minimise the risk of human error. And please note that for every affiliate payment to be processed, you’re required to send us an invoice for each month when requested.
2.3.9. As an affiliate and a business partner in this affiliate programme, know that you are responsible for the reporting and the payment of any tariffs, fees, taxes, or other governmental levies, charges, or fees that are applicable to any commission payable to you as per the participation of this programme in your respective country. You will therefore accept and agree to promptly repay MWOS for any and all taxes or duties that MWOS may be required to pay in partaking in this affiliate program. This excludes fees or taxes that are payable by MWOS on the net income.
2.3.10 In the occasion that MWOS is required by law to apply any applicable Withholding Tax (WHT) on any payable commission based on the affiliate jurisdiction, the corresponding amount of the tax value WHT will be deducted from the affiliate’s commission before your payment is processed..
2.3.11. We have the right to change the payment deadline for fees at any moment, as well as how they are calculated.
2.4 Your Application
To be approved and to become a member of the Betting.co.zm MWOS Investments Zambia Ltd affiliate programme, you will need to accept the terms of this agreement. By ticking the box, you will indicate your acceptance of the full provisions of these terms and conditions and by completing and submitting your application form online through the affiliate site.
Your online application to join this affiliate form is an integral part of the affiliate agreement and therefore compulsory. Every application is vetted, and we will, in our sole discretion, determine whether to approve or decline
2.5. Data Protection by MWOS
MWOS will comply with all the applicable laws and regulations of the Republic of Zambia law in relation to the handling of the referred customer’s personal data or information to the degree that handling of such sensitive data relates not only to the performance of our operation but also to wilfully complying with every guideline under this affiliate agreement.
All the information and data that Betting.co.zm MWOS Investments Zambia Ltd will make available to you via the affiliate site portal, via any reports issued, and or any other forum will contain accumulated or aggregated information without exposing any sensitive information about the customer in particular. This will mean that the information has been derived from your referred customers’ personal information but that it is not considered to be sensitive information as per the laws of the Republic of Zambia because this information will not reveal directly or indirectly any identity.
You will ensure that any approved SMS and or e-mail marketing campaign that will be targeted at MWOS traffic will follow all the rules and regulations of the Protection of Personal Information Act (POPI) as established by the Zambian Government. Failure to comply with the POPI act will result in your suspension from the MWOS programme and all outstanding payments will be considered null and void.
3. The Use of MWOS Marketing Materials
3.3.1. If you are accepted and successfully enrolled as an affiliate in this program, MWOS will grant you a non-exclusive, non-exchangeable, non-transferable, and non-revocable right and permission to issue and distribute the MWOS marketing material on your affiliate site only for the sole purpose of referring customers. You may not use or distribute the provided marketing material for any other purpose other than the referral of new customers unless you have received our expressed written, which we may approve or reject in our sole discretion.
3.2 All marketing material shall be made available to you through the MWOS affiliate programme site and these 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 made available to you and you must promptly discontinue the use of any previous marketing material which may be out of date or no longer available on through the affiliate programme system. It is your sole responsibility to frequently check the affiliate programme system for any recent updates to the marketing material on a regular basis.
3.3 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 MWOS using any promotional materials not provided or approved in writing by MWOS.
3.4 In the event that MWOS labels any marketing materials according to some particular restrictions (for example, campaign start/end dates, demographic limitations, etc.), you undertake and agree that you will only use the relevant marketing materials in accordance with such designated restrictions.
3.5 Your marketing activities must strictly comply with the marketing policies of MWOS as set out by the guidelines, by the standard and any additional restrictions that may be notified to you from time to time through the affiliate programme.
3.6. In the event that new product offerings are added to the MWOS sites, we reserve the right to determine whether these products should form part of this affiliate agreement or not and whether they should be included in the calculation of your referral commission. Additionally, we also reserve the right to exclude (or add) any betting products or eventualities from the calculation of the affiliate’s referral commission at any stage during the term of this affiliate agreement.
4. Spamming and electronic marketing
Betting.co.zm MWOS Investments Zambia Ltd will not allow or accept traffic that has been directed to us through the use of spamming and other electronic forums, and as such, we will end this agreement with the affiliate with immediate effect without recourse if you engage in any form of spamming, whether directly or indirectly.
Betting.co.zm MWOS Investments Zambia Ltd will not allow or accept traffic that has been directed to us through the use of spamming and other electronic forums, and as such, we will end this agreement with the affiliate with immediate effect without recourse if you engage in any form of spamming, whether directly or indirectly.
Furthermore, you must ensure that any and all approved SMS and or e-mail marketing campaigns targeted at MWOS traffic will follow the rules and regulations of the Data Protection Act, No.3 of 2021 (Data Act). A failure to conform with the Data Act will surely result in your account being temporarily suspended or may be even blocked from your continue participation the affiliate programme. All outstanding payments from such events will be considered waived.
If we sustain any expense of cost in regards to spamming or any unapproved electronic marketing message sent by you or anyone on your behalf, the costs will be subtracted from your referral commission due to you under this affiliate agreement. Should the costs not be sufficiently covered by your referral commission, we have the right to offset any future commission or even pursue other means of obtaining the payment from you.
5. Unsuitable Customers 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 Betting.co.zm MWOS Investments Zambia Ltd site. On the occasion that we have refused, suspended, or closed a referred customer’s account for any reason, you will not be able to earn a referral commission on the affected customer’s account as of the date when the suspension or closure took place. And to clarify, any referral commission that was earned prior to the date of closure or suspension, will still be paid to you in accordance with the terms of this affiliate agreement.
6. Incentivised Traffic
We do not pay for incentivised traffic. By agreeing to participate in the affiliate programme, you are agreeing that you will not participate in the incentivising practice for a customer to register on the Betting.co.zm MWOS Investments Zambia Ltd site. By agreeing to be part of this affiliate programme you agree not to pay customers a portion of your referred customer’s commission as a reward for registering and meeting the required qualifying criteria. In the event of such incentivised traffic practice you will not be eligible to earn any referral commission in to respect to the affected customer’s account.
7. Prohibited Territories
By agreeing to take part in this affiliate programme, you are agreeing that you will not target potential customers from any jurisdiction other than those that reside within the Republic of Zambia. The targeting of any potential customers will include any correspondence or communication directed to the people that live within the Republic of Zambia. This is not limited to the use of marketing banners, any advertising or direct marketing material for any traffic within the Republic of Zambia.
8. Fraudulent Activity
We reserve the right to review all the activities of the referred customers in relation to your participation in the affiliate programme for possible fraudulent activity or any activity that MWOS believes to be in bad faith or a violation of this affiliate agreement.
9. Registering of Domain Names and Company Names
As a participant of this affiliate agreement, you may not start any activities that violate our intellectual property rights in any shape or form. This includes and is not limited to using any domains with confusingly similar names to the MWOS marks.
You also agree to not register (or apply to register) any domain or company name that will be similar to any domain or company name used by or registered in the name of any member of the MWOS Group, or any other name that could be understood to designate the MWOS group or brand.
10. Brand Bidding
You agree not to 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 MWOS trademarks or other intellectual property, or otherwise include the word "MWOS" or variations thereof, or include metatag keywords on your website which are identical or similar to any of the Group’s trademarks or other intellectual property.
11. Appointment
When we approve your application to join the Affiliate Programme, we grant you the non-exclusive, non-transferable, right to direct customers to any of the MWOS Websites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you any exclusive rights or privileges, and we intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You will have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.
12. Approved Layouts
You may only use MWOS approved promotional marketing material and you may not alter any of the approved marketing material in any manner shape or form. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorised and permitted representation of the MWOS Websites. In particular, you may not create your own direct link to the Betting.co.zm MWOS Investments Zambia Ltd websites.
13. Responsibility for Your Website
You are solely responsible for the upkeep, the development, the operation, and the maintenance of your website and for all the marketing materials that appear on your website. MWOS has no responsibility or any liability regarding any content that has been posted on your website or any of the marketing materials that are displayed on your website. Additionally, you will indemnify and hold us, our directors, employees, and representatives harmless from and against any and all claims, liabilities, losses, damages, and costs (including, without limitation, legal fees) arising directly or indirectly out of, or in any way connected with, the development, operation, maintenance, and contents of your website.
14. Direct Participation
This affiliate programme is intended for your direct participation. As an affiliate yourself, you are not allowed to open other affiliate accounts on behalf of others, transfer your affiliate account or even broker an affiliate account for others. If you wish, however, to transfer the ownership of your affiliate account, you will need to request permission in writing. We carefully consider every affiliate application to decide whether we wish to work with them. Admittance to the MWOS affiliate programme is solely at our discretion.
15. Licence to use Marks
MWOS hereby gives you, from this day forward, the licence to display all the approved promotional material on your website for the sole purpose of referring new customers to the MWOS websites. This licence is non-transferrable, it’s revocable, and it’s non-exclusive during the term of this affiliate agreement.
You are hereby granted the right to use our trade name, our trademarks, logos and any other designed marketing materials, which we may from time to time approve solely for the purpose of referring new customers.
Again, this licence cannot be sub-licensed, and cannot be assigned or transferred by you. In this respect, you agree that all use of the MWOS to our benefit. You agree to indemnify the MWOS from every possible claims and liabilities, of any kind arising out of your use of the Marks. You must notify us immediately if you become aware of the misuse of the marks or any of our other intellectual property by any third party.
16. Confidential Information
During the term of this affiliate agreement, you may be trusted to keep some confidential information relating to the MWOS business operations, or underlying knowledge and/or the affiliate programme (this may include, for example, your referral commission). Please keep all the confidential information private and confidential. You must not disclose such confidential and sensitive information to outside parties unless you have their previous written consent. Your requirement to keep confidential information applies whether or not your application to be an affiliate is successful or not.
17. Data Protection
Always ensure that compliance of how you process personal information data abide by all the applicable laws and regulations, such the Data Act of the Republic of Zambia, even though it may not be valid at the time you are successfully registered to the Betting.co.zm MWOS Investments Zambia Ltd the Affiliate Programme. You as the affiliate are fully responsible for how the personal infomartion data is processed through your website (s) and any privacy disclaimer notices that are displayed throughout your website(s).
We suggest that you take the necessary steps and precautions to inform visitors of your website that: (i) your website may contain links to affiliate or third-party websites, with all the plug-ins and applications that come with them; (ii) when clicking those links, you as a website enable those third-party connections to store and process the user’s information; and (iii) the visitors are always encouraged to read and understand the privacy notice of such websites when they visit the sites.
Furthermore, you hereby indemnify MWOS and hold us, our directors, our employees, and our representatives harmless from any and all claims, any and all liabilities, any and all losses, any and all damages or costs (that includes but is not limited to legal fees) arising directly or indirectly out of your failure to comply with this data protection processing clause.
18. Consumer Protection
As an affiliate partner to MWOS, you understand and acknowledge that your right to use the promotional marketing material is for the benefit of the players, which are consumers as defined in the Consumer Protection Act, 2008 ("CPA"). You agree to obey and to comply with all appropriate obligations under the Consumer Protection Act to this extent. You hereby indemnify MWOS against any losses that may arise directly or indirectly from your failure to comply with this consumer protection act.
19. Compliance with laws
As an affiliate partner of Betting.co.zm MWOS Investments Zambia Ltd, please ensure that compliance is met where applicable laws. This includes and is not limited to the prevention and the combating of corruption act of 2004 and any other relevant bribery and anti-corruption laws as per the Republic of Zambia.
20. Breach
We will terminate this agreement with immediate effect and without recourse if you breach any provisions of this agreement.
3. Referral Commission
3.1 The Referral Commission Structure
Subject to the referral commission clause and all the provisions that are listed below that apply to the referral commission, you will earn a default referral commission of revenue shared calculated as set out in clause 3.2. However, in certain circumstances, at our exclusive discretion, we reserve the right to enter into a Cost Per Acquisition commission payment plan ("CPA Payment Plan") or even a hybrid model that is made up of a combination of the default revenue share commission structure and a CPA payment plan, which will be agreed and communicated in writing if we elect to do so.
We reserve the right to alter and change the default referral commission structure or CPA payment plan (this will include the revenue share amount of your commission payment and other methods of calculation) at any time by advising you at least 15 days prior written notice. At the end of the 15-day notice period, the new and revised referral commission structure will apply to all new and existing referred customers. If you do not agree to the subscribed change, then you may terminate this affiliate agreement by informing us of your intention to do so in writing in accordance with clause 4.1. For further clarification and for the avoidance of any doubt, when you as an affiliate are moved onto a new commission structure, the referral commission structure will be earned only on referred customers that are considered to be active at the time of the change.
Where the customer’s account is considered to be inactive, that is to say, if the customer is not active for a period of six (6) consecutive months or more, then such account shall be removed from the sales files and subsequent referral commission calculation.
Additionally to the calculated referral commission, MWOS may choose to conduct special campaigns which would enable you as an affiliate to earn additional discretionary commission based on the campaign's performance over a specified period at our sole discretion. In the event that we choose to conduct such campaigns and promotions, we will issue supplementary terms and conditions where applicable. Should you wish to be a part of these special campaigns and promotions, you must agree to the additional and additional terms and conditions that may come through such special campaigns and promotions.
3.2 Default Referral Commission Structure
For purposes of this affiliate agreement, when calculating the default referral commission, MWOS will be based on net profit and "Net Profit" as defined as the money received by us each month in respect of all settled bets made by referred customers after deducting: (a) monies paid out as winnings; (b) monies paid in the form of betting duties or taxes (or rational provisions in respect of); (c) bad debts; (d) fraud; (e) returned stakes; (f) charge-backs; (g) void transactions; (h) bet or deposit bonuses; (j) administration fee for deposits received from customers; and (k) licence fees per product.
Upon your registration, you will be placed on this revenue-shared default referral commission structure based on the tier you fit into (using the commission table below) that is determined by the number of FTD or First-Time Deposits per month. For further clarity, as an affiliate, you can move between the different commission tiers on a month-to-month basis based on the number of FTDs in each particular month.
As an affiliate, you will earn the following commission percentage based on the net profit (as defined in clause 3.1) on a month-to-month tiered structure as directed by the referred traffic from your website after they register an account with us, make their first deposit, and the referred customer is actively betting or wagering on any of the MWOS sites.
3.2.1. The negative referral commission
If the overall net profit that is calculated (by us) as defined in clause 3.1 above is negative for a particular month, this will result in a negative referral commission for that month, which will be subtracted from your positive referral commissions as is or when it becomes available.
At Betting.co.zm MWOS Investments Zambia Ltd, we reserve the right to evaluate the commission calculation per the tiers and the number of successful FTD’s on a monthly basis.
Negative earned commission generated in any given month by a player who we determined to be "a High Roller" has the potential to offset the affiliate’s commission earned. It will be carried forward and offset slowly against some future commissionable revenue generated by the high roller player as referred to by you, the affiliate, until such negative commissionable revenue is cleared.
The purpose of categorising a player as "High Roller" is at our sole discretion, and therefore it is our responsibility to ensure that one or more players, where applicable, do not offset the commission earned by an affiliate in the given month.
3.2.2. The high roller policy
What is a high roller? If in any given month a player generates negative commissionable revenue of ZMW15000 or more, and the cumulative earnings for that month is a negative commissionable revenue of ZMW5000 or more (as calculated without the high roller), then such a player shall be deemed to be a High Roller;
3.2.2.1. If the two criteria above are met (3.2.2) then the negative commission revenue generated by the player that is said to be a High Roller will be carried forward and equalised against any future commission payable made by that High Roller player.
3.2.2.2. If one or both of the above criteria are not met, then The negative commissionable revenue balance is carried forward and will be counterbalanced against the players' positive commissionable revenue;
3.2.2.3. if the high-roller policy applies, The negative balance revenue carried forward cannot be greater than the total collective negative commissionable revenue for the affiliate for that month; from the example above, if you have a high-roller of negative commissionable revenue of ZMW15000, the total amount that is collected cannot be greater than the ZMW15000.
3.2.2.4. If there is more than one high roller, the negative balance carried forward will be split proportionally between them; as agreed with the affiliate.
3.2.2.5. How we deduct the negative commission of a high roller, is by taking 25% of the positive generated commissionable revenue over the next four consecutive months.
3.2.2.6. The negative balance of a high roller will be reduced by the future positive commissionable revenue that they generate in subsequent months as stipulated in 3.2.2.5. A negative balance will be increased by future negative commissionable revenue unless the High Roller meets the qualifying criteria stipulated in 3.2.2 above in subsequent months.
3.3 CPA Payment Plan
As noted in clause 3.1, we may choose, at our discretion, to enter into a Cost per Acquisition payment plan or hybrid model made up of a combination of the default revenue shared commission structure and a Cost per Acquisition payment plan, which will be approved and shared with you in writing via email if we choose to do so.
When it comes to a CPA deal, you will receive a one-off payment for every new "qualifying player" that you direct to any of the MWOS sites.
3.3.1. A CPA payment deal will be owed and payable to you once:
(a) A qualifying player that completes our signup page and successfully registers on one of the MWOS sites;
(b) A qualifying player deposits an agreed minimum required amount and wages the minimum required amount as per the signed Insertion Order or affiliate agreement; and
(c) And if a qualifying player’s account is not locked or suspended for any reason during the calendar month that they are acquired in
3.3.2. The affiliate will not earn any more commission for all the subsequent activities of the player within the MWOS site after the once-off payment for the player referral has been paid.
3.3.3. We will not pay you any referral commission for an incentivised traffic in any shape or form, furthermore we will not pay for any schemes where the player is motivated with incentive for signing up and or meeting the CPA qualification.
3.3.4. We do not pay for customers that already exist in the MWOS database. We won’t pay CPA for any players that are under betting legal age. We will not pay for players that are outside of the Republic Zambia. And finally, we will not pay for any duplicated players.
3.3.5. We reserve the right to refuse to accept any player and/or traffic source that we deem to be abusive as per the terms and conditions of this agreement.
3.3.6. In the event that we opt to enter into either a CPA Payment Plan or hybrid payment plan deal, we will issue an associated calculation and terms and conditions covering such payment plan deals. You agree that your participation in such a plan will be subject to the new designed terms and conditions per an insertion order.
3.4 Payment of Referral Commission
We will pay your referral commission for the previous calendar month by the 15th working day of the following month, unless otherwise agreed in the affiliate agreement or the insertion order. The referral commission can only become payable once it reaches a minimum amount threshold of a minimum of ZMW500.
If the month’s referral commission is below ZMW500, it will then be carried over into subsequent months until it reaches the minimum amount of ZMW500 as required.
The affiliate must send us a referral commission invoice every month and comply with the following requirements:
(a) The invoice description must include the words “Affiliate Advertising Commission”;
(b) For foreign affiliates, the amount on the invoice must be listed in the Zambian currency using the exchange rate as per the spot rate on the last day of the month that the commission is due (using the rate as it appears on oanda.com for that date);
(c) The invoice must include the relevant affiliate’s banking details as well as MWOS details, which will be provided at the date of the invoice.
(d) It should be noted that the referral commission is exclusive of Value-Added Tax.
International payments may take 4 to 7 business days to get processed due to the exchange control requirements.
If you desire to roll over your referral commission that is payable to you, you must instruct us to do so. However, we can’t roll over referral commission payable of ZMW10 000 or more.
We stand by the right to audit your affiliate account, and if there are any overpayments on our part, they will be recovered from future referral commission, whilst any underpayments will be added to your next invoice for payment.
All payments due to you are based on MWOS Investments Zambia Limited, calculations, and records as all the customers' or players' activities are tracked.
3.5 Payment exclusions
As noted in clause 3.1 above, the affiliate referral commission payment is subject to a number of exclusions that may limit, prevent or even reduce the affiliate referral commission payment. The following list of payment exclusions may impede processing of affiliate payments:
1. Incentivised traffic
2. Fraudulent activity
3. Brand bidding;
4. Unsuitable Customers and websites;
5. Unlawful electronic marketing or spamming; or
6. Any other material breach of any terms of this Agreement.
Term and Termination, Consequences and Unsuitable Sites
4.1 Term and Termination
The term of this agreement begins as soon as you get approved as an affiliate under the Betting.co.zm MWOS Investments Zambia Ltd affiliate programme, and this agreement will continue until either you or MWOS notifies the other party in writing that it wishes to end this affiliate agreement, in which case the agreement will be terminated immediately on receipt of the notice by the other party. The termination of this agreement is by choice and at free will and may happen with or without reason. For the purposes of termination, an e-mail is considered a written notification.
4.2 After the termination
In case of the dissolution of this agreement, you must remove all of Betting.co.zm MWOS Investments Zambia Ltd promotional material, logos, and promotional marks and any other intellectual property from your website and all other forums of communication. Furthermore, you must disable all hypertext transfer links from your website to all MWOS websites. All the rights and permissions that were given to you through this affiliate agreement will immediately be revoked and removed. All copies of confidential information in your possession must be deleted. Custody and control of our terms and conditions will cease, and so will all uses of our approved promotional material, logos, marks, and any other intellectual property.
4.3 Unsuitable Sites
We may terminate this affiliate agreement if MWOS determines at our sole discretion that your site is unsuitable for the traffic that we’re looking for. Unsuitable websites may be those with a focus on children, those that show pornography or other illicit sexual activity, those that encourage violence, those that support discrimination against people based on their race, gender, religion, nationality, disability, or sexual orientation, those that support illegal activities or violate intellectual property rights, and those that disobey any applicable advertising laws or codes of conduct.
4.4 Duplicate Accounts and Self Referrals
As an affiliate, you’re only eligible to create one affiliate account in the programme and you must not open more than one affiliate account without our prior written consent. Nor will you earn commission on your own or related person’s Betting.co.zm MWOS Investments Zambia Ltd account. This affiliate programme is intended for the participation of professional website publishers only.
5. Continued Promotion and Referral Commission Review
You will prominently and continually display our most up-to-date hypertext transfer links provided by us on all pages of your website in a manner and location that is agreed by us, and without any forms of alteration, location, or operation of the hypertext transfer links without our prior written consent.
You will be eligible to earn a referral commission based on your continued promotion of the MWOS sites.
You are required to register and signup a minimum of 5 referred customers per month. If you are unable to refer this suggested number of new customers in a 3 month period, we reserve the right to reduce your referral commission payment rate to a flat 10% of net profit (or another rate as determined by us in our sole discretion) until you meet the required number of new customers, at which point we will review the referral commission payment rate. Consequently, if you do not revert back to referring to the minimum
6. Relationship of Parties
You are an independent contractor and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will not make any statement, whether on your website or otherwise, that would contradict anything in this agreement.
You must not make any claims or representations, or give any warranties, in connection with us, and you have no authority to, and must not, bind us to any obligations.
7. Indemnity
You agree to indemnify and hold us, our officers, employees, and agents, harmless from and against any and all liabilities, losses, damages, and expenses (including, but not limited to, attorney's fees) resulting from or in any way connected to (a) any breach by you of any warranty, representation, or term contained in this Agreement, (b) the fulfilment of your duties and obligations under this Agreement, (c) your negligence, (d) any injury brought on by your negligence, and (e) any other
8. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Programme, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. Furthermore, we give no warranty as to the continuity or absence of errors in the functioning of the MWOS Websites, and we disclaim all responsibility for any resulting damage.
In the event of a discrepancy between the reports offered via the Affiliate Site and the MWOS database, the database will be deemed accurate. You are not entitled to view the database. Should you wish to do so, you may submit a request to us in writing, and we may provide you with limited access to the database. Such access, if granted, will be restricted to de-identified or aggregated information only.
9. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Programme will not exceed the total referral commission paid or payable to you under this Agreement.
Nothing in this agreement will be construed to provide any rights, remedies, or benefits to any person or entity not a party to this agreement.
Our obligations under this agreement do not constitute personal obligations of our directors, employees, or shareholders.
10. Independent Investigation
You agree and you acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may, from time to time (directly or indirectly), solicit customer referrals from other third parties on terms that may differ from those of this affiliate agreement or operate or contract with websites that are similar to or compete with your website. You independently assessed the merits of joining the Affiliate Program, and you are not relying on any representations, warranties, or assurances besides those contained in this agreement.
11. Miscellaneous
11.1 Governing Law
The laws of Zambia will govern this affiliate agreement.
11.2 Assignability
The provisions and terms of this agreement are between you, the affiliate partner, and Betting.co.zm MWOS Investments Zambia Ltd and you may not re-assign its responsibilities as per the terms and provisions of this agreement, by law or otherwise, without our written consent. This Affiliate Agreement shall be binding upon, inure to the benefit of, and enforceable against you and us and our respective successors and assigns with respect to such restriction.
11.3 Non-Waiver and modification of the agreement
Our negligence in enforcing any provision of this affiliate agreement will not constitute a waiver of the rest of the provisions of this affiliate agreement. We reserve the right to enforce any provision of this agreement to ensure adequate performance.
No modifications, no additions, and certainly no deletions of this affiliate agreement are permitted or will be recognised by us. If that is unacceptable to you, your only option will be to terminate the agreement. Otherwise, your continued involvement in this will establish a binding acceptance of the affiliate agreement.
11.4 Remedies or rectification
Our rights and remedies are not mutually exclusive. That is to say, the use of one or more of the provisions of this affiliate agreement will not prevent the application of any other provision within this affiliate agreement.
As an affiliate partner that is enrolled in this affiliate programme, you confirm and you agree that any damage that may be incurred in the event of a breach or in any event that may bring about a breach of any of the provisions of this affiliate agreement, MWOS may seek to rectify. Nothing contained in this affiliate agreement will limit or affect any of our rights as the law of the Republic of Zambia allows. The intention of the rectification of this provision makes it clear that our rights will be enforceable in fairness as well as at law.
11.5 Severability and Waiver
Whenever and wherever possible, each provision of this affiliate agreement will be interpreted and understood in a way that is practical and well-founded under the applicable law of the Republic of Zambia. However, if any provision of this affiliate agreement is found to be invalid, illegal, or unacceptable in any way, that provision will only be deemed ineffective to the extent that it is the basis for the invalidity, or unenforceability, without a contrary finding.
Palsar Capital Limited, henceforth referred to as “We” “Our” “Us” provides an affiliate programme to promote our clients on whose behalf We administer and manage the affiliate program. In this policy “affiliate” “you” and “your” refers to the individual entity that has agreed to promote the brands we provide marketing services for, in accordance with this Privacy Policy.
This Privacy Policy is designed to help you understand how we collect, use and safeguard your information.
This privacy policy should be read in conjunction with the Affiliate Programmes Terms and Conditions. By entering into any kind of contract with Palsar Capital Limited, you agree to the contents of this privacy policy. If you do not agree with any section of this privacy policy, you should not attempt to use our service.
The Data Controller is Palsar Capital Limited t/a Raven of Glassworks, 1 Back Turner Street, Manchester, M4 1FR
All queries in regards to this privacy policy should be addressed to the Data Protection Officer at the above address, who can also be contacted directly at compliance@raventrack.com
We collect and process the following data from (and about) you:
We implement effective processes to identify, manage, monitor and report risks and internal control mechanisms. These controls include secure systems and networks, and clear processes for privilege access rights. All data is stored securely.
Our lawful basis for processing personal data include:
We may disclose your personal data to:
All processing of information will be governed by the appropriate data protection laws.
We will not send promotional or direct marketing, inclusive of email, SMS, or automated calls, without first obtaining your specific consent.
The consent requires a positive Opt-In either in electronic format, verbally or in writing. The consent will be clear and specific, granular, separate from other Terms and Conditions, name any third parties relying on the consent, and be easily withdrawable.
We will not transfer Personal Data to recipients in Third Party countries that are outside of the EEA, or are not currently recognised by EU law as having an adequate level of legal protection for the rights and freedoms of data subjects unless:
You may request that your Personal Data be anonymised in the following circumstances:
We will only retain data for the necessary time to complete the task that the data was collected for, or to meet our legal obligations.
You are entitled to a file a Subject Access Request (SAR) to obtain a copy of the personal information which we hold about you. If you wish to receive a copy of this information, please contact your account manager, or the DPO directly, and allow up to thirty calendar days for the information to be collated and provided to you. Please note that your identity will need to be confirmed in order to complete a SAR, which may include the disclosure of other personally identifiable documentation in order to prove your identity (such as a passport scan, or valid proof of address) before commencing with the process.
By using the Raven website, you consent to our use of ‘cookies’. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. We use cookies and the information gained from them to analyse site usage, with this information used accordingly to improve our content and site layout and to remember your onsite preferences.
If you prefer, you can disable cookies in your web browser. The ‘help’ menu on the menu bar of most browsers will have a functionality to disable cookies.
Palsar Capital Limited do not use any automated systems in order to make decisions regarding your account which have any legal effect on You.
Please let us know if you are unhappy with how we have used your personal information in writing to the Data Protection Officer, who will be able to assist further with your complaint or concern. You also have the right to complain to the Information Commissioner’s Office.
This Privacy Policy is kept under continued review by Palsar Capital Limited and can be amended by Us at any time, and without notice to you. Whenever a change is made to the privacy policy which will affect your rights as a data subject, or change the intended processing purposes, then you will be notified directly and asked to agree to the new privacy policy. If you disagree with the changes made to the privacy policy, you retain the right to withdraw consent for future processing, as stated in the introduction to this policy.
This version of the Privacy Policy is effective as of September 20th 2018.