Dafabet Kenya Affiliate Programme Terms & Conditions (These Terms and Conditions are intended to form a legally binding and enforceable Agreement between you as an applicant to this Affiliate Programme and Dafabet Kenya. Kindly read these Terms and Conditions carefully)
This Affiliate Agreement (herein referred to as “Agreement“) contains the complete terms and conditions of the Dafabet Kenya Affiliate Programme. “You”, the “affiliate” refers to you, the individual, group or corporate entity registering with us as an affiliate under this Agreement, and shall be deemed to include any employees, officers, directors, shareholders, owners, controlling parties and affiliated individuals and entities (and “your” has a corresponding meaning).
By participating in Dafabet Kenya Affiliate Programme, you are agreeing to create and maintain unique links from your site to the Dafabet Kenya https://www.dafabet.co.ke. You may link us with any of our banners, e-mails, articles or with a text link.
IF YOU DECIDE NOT TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE ANY BANNER CODE, TEXT LINK CODE, PROMOTIONAL COPY, INTELLECTUAL PROPERTY OR ANY OTHER INFORMATION PERTAINING TO ANY OF THE ABOVE MENTIONED SITES.
We reserve the right to terminate this Agreement at any time, without prior notice if we determine that your site is unsuitable or violate the provisions of this Agreement. Unsuitable sites may include but are not limited to, those that: promote sexually explicit materials, are targeted towards children or minors, promote violence, promote discrimination based on race, sex, religion, nationality, ethnicity, disability, sexual orientation, promote illegal activities, violate intellectual property rights (“IP rights”), or are otherwise considered by us as offensive or inappropriate. By marking the “I have read and agree to the terms and conditions” box (or similar wording), when registering for an affiliate account you have agreed to accept the terms and conditions of this Agreement, which is a legally binding agreement between you and us.
Definitions. The following words and terms, when used in this Agreement, shall have the following meanings:
‘Company’ (for affiliates within Africa) means Asian BGE Africa Limited a Kenyan registered company and for avoidance of doubt, ‘we’, ‘us’ and ‘our’ shall also mean ‘Company’;
‘Dafabet Kenya Affiliate Programme’ means the Affiliate Programme, for the provision of the Services, which may be entered into between you and Company, which incorporates these Terms and Conditions. For avoidance of doubt, ‘Sportsbook’, ‘Dafabet’, ‘referral Programme’, ‘Agreement’ and ‘Affiliate Programme’ shall also mean Dafabet Kenya Affiliate Programme;
‘Site/s’ refers to http://www.dafabet.co.ke and its related pages;
‘Affiliate’ means the affiliate partner with an affiliate site linking to Sites in return for a commission. As an affiliate, you will host a link, banner and/or a website promoting the Site/s.
‘Sub-Affiliates’ means all traffic generated via your dedicated links and generated by a 3rd party that you contacted and linked to the Site;
‘Affiliate Site’ refers to the site of the affiliate or the affiliate applicant and its related pages.
‘Player/s’ means a visitor to your Affiliate Site(s) who has clicked through to a Site via your banner’s click-through link, registered an account, deposited funds to his/her account and has playing activity in one or more of the Sites. For avoidance of doubt,
‘affiliate’s players’, ‘referred player/s’, ‘wagering member’ and ‘referred customer/s’ shall also mean Player/s;
Deposit(s)’ means funds transferred by your Player(s) to our Site account.
‘Tracking URL’ means the unique tracking URL that we provide exclusively to you, during the term of this Agreement through which we track your efforts and calculate your affiliate income. For avoidance of doubt, ‘tracker/s’ and ‘track link/s’ shall also mean Tracking URL;
‘Banners and Text Links’ mean graphical artwork or text that will be directed to our Sites’ home page through your Tracking URL, to permit a Player to hyperlink from your website to our Sites;
‘Spam’ means emails and messages that meet any of the following definitions: – An unsolicited mailing, usually, to many people. – Contains false or misleading statements. – Not truthfully identifying the source or the originating IP Address and / or the originating email address. – As long as your visitor does not click on the link, you should not send them any emails (note the verification of both the email address and random number). This helps avoid people from filling in false addresses, which can later turn into spam complaints;
‘Fraud Traffic’ means Deposits or traffic generated at the Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks;
‘Criteria’ means the eligibility criteria set out in the Terms;
‘Terms’ means this Affiliate Programme Terms and Conditions.
‘Net Revenue’ means Gross Bets less Payouts, Redeemed Bonuses, Royalty Fee, Chargebacks, End User Balance Corrections where:
- “Gross Bets” means the total of all real money sums wagered by Players on the site for a month;
- “Payouts” means all real money winnings by Players with the Site during a month;
- “Redeemed Bonuses” means all bonuses resulting in the bonus amount or part thereof being transferred from the Player’s bonus balance to his or her real money balance and able to be withdrawn by the Player without any limitations
- “Royalty Fee” means the usage based payments made by the Company for use of software on the Site;
- “Chargebacks” means the reversal of a deposit of money by Players, such reversal being made in accordance with the rules and agreements applicable to the credit card utilized for the deposit of such amounts;
- “End User Balance Corrections” means those corrections made in order to take into account changes to a Player’s account balance which need to be added into the calculation of Net Revenue and have not been so reflected;
- Registration as an Affiliate
1.1 To register as an Affiliate, you will need to submit an application through this website.
1.2 Affiliate shall not have more than one Affiliate account.
1.3. An Affiliate shall not be allowed to earn commissions from the activity of their own player account or through any related parties.
1.4. The Company will evaluate all Affiliate applications and will notify the potential Affiliate of his or her acceptance into the Dafabet Kenya Affiliate Programme.
1.5 The Company may reject any application if it is determined, at the Company’s sole and absolute discretion, that the Affiliate or the Affiliate Site is not suitable for the Programme.
- Responsibilities of the Affiliate
2.1 As an Affiliate, you are responsible for promoting Dafabet Kenya by implementing the advertising, banners and tracking URL’s on your websites, e-mails or other communications.
2.2 You will agree to register and maintain correct and truthful contact information with Dafabet Kenya.
2.3 You will present only content and topics on your site which are pre-approved in writing by Dafabet Kenya. Content that is deemed unsuitable in Dafabet Kenya’s sole discretion will result in the immediate termination of your registration as an Affiliate and this Agreement.
2.4 You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal or shall infringe the IP rights of third parties. Since we do not have control over your own site, we disclaim all liability for these matters. Further, you will indemnify and hold us free and harmless from any and all claims, damages, and expenses (including, without limitation, attorney’s fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our right to a separate action or claim against you under applicable.
- Affiliation Guidelines
3.1 You confirm that in acting as a marketing affiliate for Dafabet Kenya, you will abide by the terms and conditions of the Dafabet Kenya Affiliate Marketing Program. Furthermore, you must undertake all of Dafabet Kenya’s Marketing Activities in accordance with the relevant provisions of:
- Betting Control Licensing Board of Kenya
3.2 Only approved and properly tagged creative materials, supplied by us from time to time, may be used to promote Dafabet Kenya. Advertorials and personal endorsements are allowed but all materials not designed by Dafabet Kenya need to be approved in writing, which approval shall not be unreasonably withheld.
3.3 You may not modify or use, for any other purpose, any IP rights including those of Dafabet Kenya’s partners and sponsored entities e.g. Professional Football Clubs, banners or other creative material supplied by us without the written prior consent of Dafabet Kenya. All copyright or IP rights notices on any material supplied or approved by Dafabet Kenya, must remain on said material and shall not be modified or eliminated.
3.4 By agreeing to participate in the Dafabet Kenya Affiliate Programme, you are agreeing to download banners, text or promotional material and place it on your site, utilize it within e-mail, direct marketing using your affiliate URL or print. These methods are the only approved methods by which you may advertise Dafabet Kenya’s products and services.
3.5 Banners and links may not be placed within unsolicited e-mail, unauthorized newsgroup postings, or chat rooms or through the use of “bots”. Traffic generated illegally will not be counted and may result in the termination of your affiliate account with us.
3.6 We will terminate this Agreement immediately if there is any form of spamming on your behalf or if you discredit Dafabet Kenya or the Company through false advertising, written or uttered words.
3.7 You shall not make any claims, representations, or warranties in connection with Dafabet Kenya and you shall have no authority to and shall not bind Dafabet Kenya to any obligations.
3.8 Without our prior approval (written or email), you will only use our approved banners and links and will not alter their appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of Dafabet Kenya.
3.9 You will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes damage to Dafabet Kenya. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement on account of Fraud Traffic, at our discretion.
3.10 You are prohibited from playing at any of the gambling products promoted by Dafabet Kenya through your own affiliate link or from the affiliate link of an associate who shares all or part of the commission with you or a third party. This shall include any individuals or playing groups from which you receive compensation or remuneration of any kind. In the event of violation of this provision, Dafabet Kenya and the respective gambling product website affiliate that has played with shall have the right to void all play and eliminate any earned commissions applicable from such play and terminate your registration as an affiliate and this Agreement, as well as void any future play at Dafabet Kenya.
3.11 You are not allowed to concurrently maintain both affiliate and referral relationships with Dafabet Kenya. Violation of this provision grants Dafabet Kenya the right to unilaterally terminate either or both affiliate and/or referral relationships. A referral relationship refers to a relationship with Dafabet Kenya pursuant to Dafabet Kenya’s Refer-A-Friend Programme (as set out and available in the Website).
3.12 Restrictions – Persons residing within any of the excluded territories as set forth in our Sites, as well as persons under the age of 18 or the legal age of majority in the player’s jurisdiction (“minors”) are not allowed to register with or play on our Sites. Our Sites are not designed to attract children, and we take certain measures to block underage persons from registering with the Sites. Therefore, we shall reject your application if we determine that any of your Affiliate Sites are designed to appeal to minors, targeting persons residing in excluded territories and, as such, are not suitable for the Dafabet Kenya’s Affiliate Programme.
- Affiliate Tagging
4.1 You are only responsible for directing customers to the Dafabet Kenya website.
4.2 Only properly tagged customers can be assigned to an affiliate. Should an affiliate tag be improperly inserted into the affiliate site or not properly received by the Dafabet Kenya web server, the resulting customer registration and purchases will not be assigned to the affiliate. Therefore it is your responsibility as an affiliate to ensure that all links are properly tagged and are working correctly.
- Revenue Sharing & Payment
5.1 You will earn a rate of revenue share as per the contract you agreed from Dafabet Kenya Affiliate Programme as provided below. The more real money players & revenue you generate, the more you will earn. You will be paid a recurring profit from your players month after month for as long as their gaming activity continues.
|Affiliate||Rules around players||Commision Rate|
|Web/Mobile||5-50,000 Active players||12% Gross win|
|50,001 – 100,000 Active players||14% Gross win|
|100,001 – 250,000||17.8% Gross win|
|250,001 – 500, 000||21.6% Gross win|
|500,001 or more||25.2% Gross win|
|Shop Affiliate (SSBT)||5.62% Gross Win|
|Super Agent||5 or more actives||2.5% Gross Win|
|Agent||5 or more actives||7.5% Gross win|
5.2 Dafabet Kenya will pay out a revenue share on the Commissionable Earnings generated by each customer attributable to the affiliate, as defined by Dafabet Kenya Affiliates Programme commission structure, provided that you maintain in your account as an affiliate, at least five (5) Active Wagering Members in any given calendar month.
5.3 Active Wagering Members refers to customers that reach a minimum wagering turnover each month.
5.4 Commissionable earnings will be subject to commissions as calculated using the Dafabet Kenya Affiliates Programme commission structure in force from time to time. Commissionable Earnings are calculated from the Gross Revenue multiplied by the affiliate revenue share percentage, derived from at least five (5) Active Wagering Members in a calendar month as per clause 5.2.
5.5 All amounts are calculated and paid in accordance with the Company’s tagging policy (see. Our calculations of commissions due to the affiliate under this Agreement shall be final and binding on the affiliate.
5.6 Charge-back: A credit card holder discovers irregular transactions made on his/her Credit/Debit Card, which was not authorized by him/her. The credit card holder then requests his/her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder’s card or card
5.6.1 Should your referred player process a charge back, the disputed or charged-back revenue generated by your referred player will be forfeited and will not be included for purposes of computing the commission due to you for the current month.
5.6.2 Should this deduction of the accumulated revenue exceed your current amount due, your balance will then revert to a negative balance, and you will have to earn revenue to cover the charge-back before you can start earning revenue again.
5.6.3 Unlike with a player making a big winning, which only lasts one month, a charge back will stay due until the revenue generated by your other players has covered the amount due. 5.6.1 Complimentary Money, Free Money and Other incentives refer to those amounts credited to the account of customers. As players have not purchased these amounts Dafabet Kenya will not pay commissions on these.
5.7 Negative earnings are carried forward to the next month. Should the affiliate close the month with a positive balance, payment will be issued if it meets the minimum requirements and commissions will be paid on the positive balance.
5.8 The Commissionable Earnings of the affiliate, calculated based on commission structure, will be earned on all transactions that the affiliate referred player undertakes with the Company, as long as the affiliate remains a member of this Affiliate Programme.
5.9 You will not earn any commission from a player’s turnover or win/loss resulting from gaming activity from other Dafabet brands.
5.10 The commission you earn under this Agreement are exclusive of all charges, taxes (including Value Added Tax, where applicable), duties, fees, excises or tariffs. Such charges, taxes, duties, fees, excises or tariffs shall be for your account at the rate prevailing at the time the commission is paid. For the avoidance of doubt, you shall be solely and primarily responsible for any taxes imposed on the commission by the tax authority in the jurisdiction in which you are domiciled for income tax purposes.
- Policies & Confidentiality
6.1 Dafabet Kenya assumes ownership of the Player at point of first contact with the said Player. You, as affiliate, shall act as a referring agent for Dafabet Kenya. We reserve the right however, to refuse players (or to close their accounts) if necessary to comply with any requirements we may periodically establish from time to time. By opening an account with us, your referred players will become our customers and, accordingly, all of our applicable rules, policies, and operating procedures will apply to them.
6.2 During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of our Affiliate Programme (including, for example, referral fees earned by you under the Programme). You agree not to disclose or use the confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.
- Limited License
7.1 We hereby grant to you a personal, non-exclusive, non-transferable limited license, during the term of this Agreement, to use our trademarks (licensed, in turn by us, from their ) solely in connection with the display of the banners on your site.
7.2 By this Agreement, we grant you the non-exclusive right to direct customers to our sites and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we reserve the right to contract with and obtain the assistance from other parties at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.
7.3 This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the trademarks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the trademarks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor’s rights in the trademarks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
7.4 You are restricted from purchasing a domain name which uses all or part of any of our trademarks or intellectual property. You are also restricted from using all or part of any of our trademarks or intellectual property for purposes of search engine optimization including website look and feel. Failure to abide by this clause can result to suspension or termination of your affiliate account.
7.5 We reserve the right to revoke this license at any time and it shall have been deemed revoked at the termination of this Agreement, for whatsoever reason.
- Legal Responsibility
8.1 Ownership and content of our sites remain our respective properties and shall not be deemed to have been transferred to the affiliate through any act or omission in respect of this Agreement.
8.2 Ownership, content and liability for affiliate sites are the sole responsibility of the affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost.
8.3 You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
8.4 Presentation of our banners & content on affiliate’s site is the responsibility of affiliate. The affiliate must ensure that our content is presented in accordance with our prescriptions.
8.5 Affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any rights.
8.6 We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral Programme rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.YOUR CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
8.7 Any form of Spam will result in your account being placed under review and all funds due being withheld pending an investigation into your account.
9.1 You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement shall inure to the benefit of our respective successors and assigns.
9.2 Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
9.3 Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or any other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
9.4 Whenever possible, each provision of this Agreement shall 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 provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
- Term & Termination
10.1 The term of this Agreement will begin when we give written confirmation of your acceptance to the Dafabet Kenya Affiliate Programme and shall continue unless and until either party; notifies the other in writing that it wishes to terminate the Agreement. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
10.2 This Agreement does not grant you exclusive rights or privileges to assist us in the provision of services arising from your referrals. In turn, we retain the right to contact and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to Affiliate Revenue or other compensation on business secured by or through persons or entities other than you. In addition, you cannot represent any Dafa brands aside from Dafabet Kenya to make any commitment to your players, including all SEO related activities such as website meta tags, PPC and keyword tags, without prior approval from the Company. We reserve the right to withdraw any approval we might have granted in the past in case it’s conflicting with our most current strategy and directions.
10.3 In the event of termination of this Agreement:
10.3.1 You must remove Dafabet Kenya’s banner/s from your site and disable any links from your site to Dafabet Kenya.
10.3.2 All rights and licenses given to you in this Agreement shall immediately terminate.
10.3.3 You will be entitled only to those unpaid referral fees if any earned by you on or prior to the date of termination, save where termination is as a result of your breach of terms of this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
10.3.4 If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
10.3.5 We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
10.3.6 If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
10.3.7 You will return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of the merchants.
10.3.8 You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
10.3.9 WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal; activities, or violate intellectual property rights.
10.4 In case of any discrepancy between the meanings of any translated versions of this Agreement, the English language version shall prevail.
10.5 Dafabet Kenya reserves the right to change any rules and regulations of this agreement at any time. It shall be your responsibility to periodically check the website for any updates on these terms and conditions. Your continued participation in the Programme after posting of changes in the terms and conditions shall be deemed as acceptance on your part.
- Relationship of Parties
11.1 Your relationship with us is as independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, to contradict anything in this paragraph or be reasonably deemed to contradict this paragraph.
12.1 You hereby agree to indemnify and hold free and harmless Dafabet Kenya , the entities it represents and affiliates, and Dafabet Kenya directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys’ fees), and costs (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on
12.1.1 Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
12.1.2 Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein,
12.1.3 The development, operation, maintenance and content of Your Site and products and services offered from Your Site, or
12.1.4 Any claim related to Your Site, including, without limitation, content therein not attributable to us.
- Warranties, Disclaimers and Limitation of Liability
13.1 WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAMME OR COMMISSION PAYMENT ARRANGEMENTS (INCLUDING WITHOUT LIMITATION, THEIR FUNCTIONALITY, WARRANTIES OF FITNESS, MERCHANTABILITY, LEGALITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND; WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH COMPANY MAY MAKE TO THE PROGRAMME, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROGRAMME (OR ANY FEATURES WITHIN THE PROGRAMME); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PROGRAMME; (C) YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON COMPANY’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.3 IN ADDITION, THE COMPANY MAKES NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
- Independent Investigation
14.1 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT
- Governing Law and Arbitration
15.1 This Agreement shall be governed by and construed in accordance with Kenyan Law. Any dispute, controversy or claim arising out of or in connection with this Agreement shall be referred to and determined by a tribunal comprised of one arbitrator to be appointed by the Arbitration Centre. The seat of arbitration will be Nairobi, Kenya, the location determined by the Arbitration Centre, the language of the arbitration will be English and the regulations established by the Arbitration Centre shall govern the process. The arbitration tribunal will have the right to issue injunctions and its decision will be compulsory, final and strictly mandatory to the Parties who in turn waive any other jurisdiction or venue that may apply and agree to be subject to the arbitral decision waiving any appeals of any type.
- Anti-Bribery Compliance
16.1. The Affiliate shall:
16.1.1. comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption
16.1.2. have and shall maintain in place throughout the term of this agreement its own policies and procedures,
16.1.3. promptly report to the Company any request or demand for any undue financial or other advantage of any kind received by the Affiliate in connection with the performance of this Agreement.
16.2. The Company may terminate this Agreement without liability to the Affiliate immediately by giving written notice to the Affiliate if Affiliate has offered or given or agreed to give to any person employed or engaged by the Company any gift or payment of any kind as an inducement or reward for doing or not doing or for having done or not done any action in relation to this Agreement, or any other agreement with the Company, or if the same has been done by any person employed by the Affiliate or acting on Affiliate’s behalf (with or without the knowledge of Affiliate).
16.3. Breach of this Clause 16 shall be deemed a material breach entitling the Company to Terminate the Agreement.
- IN WITNESS WHEREOF
17.1 By having read, the terms and conditions, and acknowledging such in the affiliate sign-up form you agree to all the terms and conditions contained herein. Dafabet Kenya reserves the right to withhold payment from any affiliate that violates any of the terms and conditions contained herein.