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Playbet Affiliates - Terms & Conditions

The following is an agreement between Playbet Mpumalanga (Pty) Ltd (registration number 2016/298688/07) (“Playbet”, “us”, “our” or “we”) of 3 Willow Cres, St Andrews, Johannesburg, 2007, and you (“you”), which contains the terms and conditions (“Agreement”) that apply to all participants in Playbet's Affiliate Programme (“Affiliate Programme”).

Admission to the Affiliate Programme is entirely at our discretion. We value the integrity of our brand and will carefully select the entities we partner with. You agree not to engage in any conduct that may damage our reputation or bring us into disrepute. Your continued participation in the Affiliate Programme is conditional on strict compliance with this Agreement.

1. Our General Rights and Obligations

1.1 Register Your Customers

“Customers” refers to visitors to your website who register in our customer database after being directed via hypertext transfer links provided by us from time to time through https://dashboard.playbet.net/ (“Affiliate Site”).

We will register your Customers and track their transactions on websites owned, operated, or branded by Playbet or any member of Playbet's group of companies (“Playbet Group”). We reserve the right to refuse Customers (or close their accounts) to comply with any requirements we may establish periodically.

Once a Customer registers with us, they become our customer, and all our rules, policies, and procedures apply. All Customer information from registration onward is the sole and exclusive property of Playbet, even if this Agreement is terminated. You acknowledge that you have no proprietary rights in this information, other than for the purpose of participating in the Affiliate Programme in accordance with this Agreement.

1.2 Track Customers’ Play

We will track your Customers’ bets and play on Playbet Websites and provide you with a report summarising their activities, accessible through the Affiliate Site. This report will not include any personal identity or information of your Customers and will be used solely for calculating your referral commission payments.

You are responsible for ensuring that all Customers are properly tagged with your Affiliate Banner Tag. You will not receive credit for Customers who are not properly tagged or who we cannot otherwise associate with your Affiliate Banner Tag.

Our statistics and calculations regarding Customer activity and Referral Commission will be final.

1.3 Payment of a Referral Commission

Subject to clause 3 and clause 5, we will pay you a referral commission (“Referral Commission”) calculated according to the Referral Commission Structure described in clause 3, based on the Net Profit (defined in clause 3.1) we earn each month from Customers you refer who open an account and place bets on Playbet’s Websites.

1.4 Your Application

To join the Affiliate Programme, you must accept this Agreement by ticking the box indicating acceptance and completing and submitting the online application form on the Affiliate Site. By ticking the box you agree that you are over 18 years of age. This form is part of this Agreement. We will determine, in our sole discretion, whether to approve your application, and our decision is final and not subject to appeal. We will notify you by email if your application is successful.

1.5 Modification

We may, at our discretion, modify the terms of this Agreement at any time by posting a change notice or new agreement on the Affiliate Site. Modifications may include changes in the calculation of Referral Commission or Affiliate Programme rules. If a modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in the Affiliate Programme following a change notice or new agreement constitutes binding acceptance of the modification or the new agreement.

1.6 Data Protection by Playbet

We will comply with all applicable laws regarding the processing of personal information in performing our obligations under this Agreement. The terms “processing” and “personal information” have the meanings assigned under section 1 of the Protection of Personal Information Act, 2013 (“POPIA”). For more information on our privacy practices, please refer to our privacy notice accessible at https://dashboard.playbet.net/.

Information provided to you via the Affiliate Site, reports, or other means is aggregated and not considered personal information in law as it does not directly or indirectly reveal any identity.

2. Your General Rights and Obligations

2.1 Linking to Playbet's Websites

By joining the Affiliate Programme, you agree to create and maintain unique hypertext transfer links from your website to Playbet's Websites to refer Customers. You will earn commission on profits Playbet earns from these Customers. You may only link using approved promotional material (banners, HTML mailers, editorials, images, and logos) provided through the Affiliate Site (“Approved Promotional Material”).

We reserve the right to determine whether new product offerings on Playbet's Websites form part of this Agreement and to exclude any betting products or contingencies from the calculation of Referral Commission at any time.

2.2 Spamming and Electronic Marketing

We may terminate this Agreement immediately if you engage in any spamming. You may not send marketing emails, SMS, or other communications about Playbet or the Affiliate Programme without our prior written consent. You must comply with POPIA in all marketing activities. Failure to comply may result in suspension from the Affiliate Programme and forfeiture of all outstanding payments.

If we incur costs due to spam or unapproved electronic marketing, those costs will be deducted from any Referral Commission payable to you or, if insufficient, offset against future Referral Commission or recovered by alternative means.

2.3 Unsuitable Customers

We reserve the right to refuse, suspend, or close any Customer account to protect the integrity or safety of Playbet's Websites. No Referral Commission will be payable in respect of any Customer whose account is suspended or closed, though commissions earned prior to suspension or closure will be paid.

2.4 Incentivised Traffic

You may not offer any incentive (including sharing Referral Commission) to Customers to register on Playbet's Website. Any Referral Commission earned on incentivised traffic will not be payable.

2.5 Prohibited Territories

You may not actively target customers outside of South Africa. This includes any banners, advertising, direct marketing, or domain targeting outside South Africa.

2.6 Fraudulent Activity

We reserve the right to review all activities related to your participation in the Affiliate Programme for fraud or bad faith.

2.7 Registering of Domain and Company Names

You may not register or apply to register any domain or company name similar to any domain or company name used or registered by Playbet.

2.8 Brand Bidding

You may not bid on keywords or register search terms similar to Playbet’s trademarks, or use metatag keywords identical or similar to Playbet’s trademarks.

2.9 Appointment

Upon approval of your application, we grant you a non-exclusive, non-transferable right to direct Customers to Playbet's Websites in accordance with this Agreement. We may also contract with others for similar services. No claim to Referral Commission or other compensation is available on business secured through others.

2.10 Approved Layouts

You may only use Approved Promotional Material and may not alter it. You may not create your own direct link to Playbet's Websites.

2.11 Responsibility for Your Website

You are solely responsible for developing and maintaining your website and all its content. We disclaim liability for any content on your website and you indemnify us against any claims or damages arising from your website’s content.

2.12 Direct Participation

The Affiliate Programme is for direct participation only. You may not open accounts for others, broker or transfer accounts without our permission.

2.13 Affiliation

You may not claim any affiliation with Playbet's Websites beyond what is permitted by this Agreement.

2.14 Licence to Use Marks

We grant you a revocable, non-exclusive, non-transferable licence to use our trademarks, logos, and marks solely in connection with Approved Promotional Material during this Agreement. No sub-licensing or assignment is permitted. All rights not specifically granted are reserved. You indemnify us against any misuse of the Marks.

2.15 Confidential Information

You may receive confidential information during this Agreement. You must keep this confidential and only use it for this Agreement’s purposes. This obligation survives termination.

2.16 Data Protection

You must comply with all data protection laws, including POPIA. You indemnify us against any claims or losses arising from your failure to comply.

2.17 Consumer Protection

You agree to comply with the Consumer Protection Act, 2008, and indemnify us against losses from non-compliance.

2.18 Compliance with Laws

You must comply with all applicable laws, including anti-corruption laws.

2.19 Breach

We may terminate this Agreement immediately for breach of clause 2.

3. Referral Commission

3.1 Referral Commission Structure

Subject to clause 5, you will earn the Default Referral Commission per clause 3.2. We may, at our discretion, offer a CPA Payment Plan or a hybrid model, which will be communicated to you in writing.

We may change the Referral Commission Structure by providing 15 days’ written notice. If you disagree, you may terminate the Agreement. After the 15-day notice, the new structure applies to all active and new Customers. Referral Commission is not payable for inactive Customers (inactive for 6 consecutive months).

We may also run promotions that provide additional discretionary bonuses, subject to separate terms.

“Net Profit” means money we receive from settled bets each month (excluding certain products) minus (i) payouts to Customers, (ii) taxes and duties, (iii) bad debts, (iv) fraud, (v) returned stakes, (vi) chargebacks, (vii) voids, (viii) bonuses, (ix), administration fee on deposits, and (x) product licence fees.

3.2 Default Referral Commission Structure

Upon registration, you will be placed on this Default Referral Commission Structure. Subject to other sections of this Agreement relevant to Referral Commission, you will earn a Referral Commission based on the tier you fit into (using the table below), determined by the number of First Time Deposits (“FTDs”) in a month. For clarity, you can move between different tiers on a month-to-month basis based on the number of FTDs in each particular month. You will earn the applicable commission percentage based on the Net Profit (as defined in clause 3.1) we earn each month from Customers directed from your website after they open an account with us and wager for money on any of Playbet's Websites.

3.4 Payment of Referral Commission

We will pay the Referral Commission earned by you for the previous calendar month by the 15th working day of each month, subject to exchange control limitations as set out further below where applicable. Unless otherwise agreed, Referral Commission will only become payable once it reaches an amount of R500. If a month’s Referral Commission is below R500, the Referral Commission will be carried over to subsequent months until Referral Commission reaches the minimum amount of R500.

Referral Commission must be invoiced and comply with the following requirements:

The invoice description must include “Affiliate Advertising Commission”;
The invoice must include the relevant affiliate’s banking details as well as Playbet company details, which will be provided at the date of invoice.

It should be noted that Referral Commission is exclusive of Value-Added Tax.

All invoices must be issued on a monthly basis, provided they meet the minimum Referral Commission amount payable. If you wish to roll over the Referral Commission payable to you, you must advise us accordingly. Referral Commission over R10,000 will not be rolled over and must be invoiced.

We reserve the right to perform audits on your account, and any overpayments will be recouped from positive Referral Commission when available, whilst any underpayments must be added to the next invoice.

All payments due to you are based on our own statistics, records, and calculations. All decisions made by us regarding the tracking, calculation, or payment of your Referral Commission or other payments shall be made by us in our sole discretion.

3.5 Payment Exclusions

As noted in clause 3.1, the payment of Referral Commission is subject to a number of exclusions in other clauses that may limit, reduce, or even prevent such payments. By way of example, the following situations may, inter alia, result in a payment exclusion:

Incentivised traffic;
Fraudulent activity;
Brand bidding;
Unsuitable Customers and websites;
Unlawful electronic marketing or spamming; or
Any other material breach of any terms of this Agreement.

4. Term and Termination, Consequences, and Unsuitable Sites

4.1 Term and Termination

The term of this Agreement will begin when you are approved as an affiliate under the Affiliate Programme and will be continuous unless and until either party notifies the other in writing that it wishes to terminate this Agreement, in which case this Agreement will be terminated immediately on receipt of the notice by the other party. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

4.2 Consequences

Upon termination, you must remove all of our Approved Promotional Material, Marks, and other intellectual property from your website and disable all hypertext transfer links from your website to all Playbet Websites. All rights and licences given to you in this Agreement will immediately terminate. 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 our Approved Promotional Material, Marks, and other intellectual property.

4.3 Unsuitable Sites

We may terminate this Agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.

4.4 Duplicate Accounts and Self-Referrals

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 Playbet account. The Affiliate Programme is intended for professional website publishers.

5. Continued Promotion and Referral Commission Review

You will incorporate and prominently and continually display the most up-to-date hypertext transfer links provided by us on all pages of your website in a manner and location agreed by us, and you must not alter the form, location, or operation of the hypertext transfer links without our prior written consent.

You are eligible for Referral Commission based upon your continued promotion of Playbet's Websites.

If you are unable to refer a minimum of 5 new customers per month (i.e., fewer than 5 new Customers join our customer database by way of registering after arriving at the applicable Playbet Website via hypertext transfer links on your website per month), we reserve the right to reduce your Referral Commission rate to a flat rate of 10% of Net Profit (or another rate as determined by us in our sole discretion) until you meet the minimum number of new customers, at which point we will discuss a revised Referral Commission Rate with you. Alternatively, if you do not revert to referring the minimum number of new customers monthly, we reserve the right to close your account and terminate this Agreement.

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 hereby indemnify and hold us, our directors, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs (including, without limitation, legal fees) directly or indirectly arising out of, or in any way connected with:

a) any breach by you of any warranty, representation, or term contained in this Agreement;

b) the performance of your duties and obligations under this Agreement;

c) your negligence;

d) any injury caused directly or indirectly by your negligent or intentional acts or omissions;

e) the unauthorized use of our Approved Promotional Material, Marks, and other intellectual property, our hypertext transfer links, and/or the Affiliate Programme.

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. In addition, we make no representation that the operation of Playbet's Websites will be uninterrupted or error-free, and we will not be liable for the consequences if there are any.

In the event of a discrepancy between the reports offered via the Affiliate Site and Playbet's 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 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)

11. Miscellaneous

11.1 Governing Law

This Agreement is governed by the laws of South Africa. Any action relating to this Agreement must be brought in South Africa, and you irrevocably consent to the jurisdiction of its courts.

11.2 Assignability

You may not assign this Agreement without our prior written consent. This Agreement is binding on and enforceable by the parties and their respective successors and assigns.

11.3 Non-Waiver

Our failure to enforce any provision of this Agreement does not constitute a waiver of our right to enforce that provision or any other provision in the future. Modifications to this Agreement are not permitted except by written agreement signed by both parties.

11.4 Remedies

Our rights and remedies under this Agreement are cumulative and not exclusive. We may seek equitable relief, including specific performance or an interdict, in addition to other remedies available at law.

11.5 Severability

Each provision of this Agreement will be interpreted to be effective and valid under applicable law. If any provision is found to be invalid or unenforceable, it will be ineffective only to the extent of that invalidity, without affecting the remainder of this Agreement.