Marketers Terms and Conditions


Marketers Terms and Conditions

By signing up as a Playa Bets marketer I hereby agree to abide by the complete Terms and Conditions as provided in the marketers application form to Playabets KZN (Pty) Ltd t/a Playabets.co.za marketing program and the conditions set out in the agreement. This includes the different marketing fee structures to each product. Included below are the complete marketing fee structures that is contained in the agreement.

Playabets.co.za reserves the complete rights to in any way alter, delete, amend, or add any type of provision of this agreement, no advance notification to the marketer subject is needed. The marketer agrees to continued (i) participation in the program, (ii) the use of the marketer website marketer.playabets.co.za including the tools of marketing (which will be defined within), or (iii) agreeing to accept of any marketer commissions from playabets.co.za which confirm an irrevocable acceptance of this agreement including any modification to it. You shall be obliged to comply with the terms and conditions of this agreement and follow the general terms and conditions and privacy policy of aff.playabets.co.za. This includes any other rule and/or any guidelines that has been made known to you at any point from Playabets.co.za.

The date of this agreement shall enter into effect on the date in which the marketer registration form is approved by Playabets.co.za.

Playabets.co.za is in the business of logistical and general support and marketing which is in connection to online gaming. Playabets KZN (Pty) Ltd is a betting company which is incorporated in South Africa and comes under the licence of the KZN Gaming and Betting Board. To assume responsibility for the marketing, advertising, and any promotional aspects of the online betting industry and is carried out under the brand of Playabets.co.za and including in this function, Playabets.co.za is operating the marketer program via the website aff.playabets.co.za.

The marketer which will hereafter be collectively referred to as the website, will maintain and operate one or more websites on the net and/or refer potential customers through other channels.

This agreement will govern the terms and conditions that is in direct relation to the promotion by the marketer of the website www.playabets.co.za which will hereinafter be referred to as playabets.co.za. The marketer will be paid for marketing services exactly as defined under this agreement. This will depend on the traffic generated to playabets.co.za and are subject to the Terms and Condition of this agreement. This is also true to the applicable product specific marketing services fee structure.

In each one of the marketing fee structures below, the definition of the term Net Revenue and also the product specific marketing fee structure will be detailed below. At the section Marketer program at the aff.playabets.co.za website, all marketing fee structures may also be viewed.

The Marketer Membership Form submitted will be reviewed by the Playabets.co.za manager and will be responsible to inform the Applicant in writing (email) if the Membership Form is accepted or not. Playabets.co.za reserves the right to decline any form of registration at all times.

The Applicant will be informed in writing (email) by Playabets.co.za as to whether the submitted form is accepted or not. The Company reserves the right to decline any form of registration at all times.

The Marketer or Applicant hereby agrees that:

  1. He or She is of legal age to enter in the agreement in the applicable jurisdiction.
  2. He or She is authorised and competent to enter into a binding Agreement for the Marketer and/or the Website.
  3. He or She is the owner of all rights, permits, and licenses to promote, market and advertise Playabets.co.za that comes in accordance with this Agreement.
  4. He or She will comply with all applicable laws, rules, and regulations in regards to the promotion of Playabets.co.za.
  5. He or She fully accept and understand the terms and conditions of this Agreement.

The Applicant fully agrees that:

  1. Playabets.co.za is responsible for providing the Applicant with complete information and marketing material for the actual implementation of the link.

The turnover generated by the links will be administrated by Playabets.co.za. Playabets.co.za will record all net revenues including the total amount of marketing fees earned by the links. Playabets.co.za will handle all customer support related to the business and provide the Applicant with marketing statistics. All referred customers will be assigned a unique tracking identification code.

Subject to the terms and conditions of this Agreement, Playabets.co.za will pay the marketer the amount due depending on the traffic generated.

The Marketer hereby agrees and will undertake:

  1. To advertise and market www.playabets.co.za to its best efforts and as widely as possible. The Applicant agrees to abide by the guidelines that may be forwarded from time to time by Playabets.co.za.
  2. The Applicant will refer potential players to www.playabets.co.za and market these at its own expense. The Applicant will also be solely responsible for content, distribution and manners of its marketing activities. The complete marketing activities of the Applicant must be professional, and lawful under the applicable laws and negotiations that is in accordance with this Agreement.
  3. The Applicant must only use the link provided for the scope of the marketing services programme, otherwise there can be no warranty assumed for the registration and sales generated. The Applicant is not allowed to in any way modify or alter any link or marketing material without having prior written authorization from Playabets.co.za.
  4. The Applicant is fully responsible for the operation, development, and maintenance if its website including all material appearing on its website.
  5. The Applicant agrees to abide by the rules and regulations as stated in the Kwa-Zulu Natal Gaming and Betting Regulations. The complete regulations can be accessed at: www.kzngbb.co.za

The Applicant hereby agrees:

  1. That it will not perform any kind of act which can be, obscene, discriminatory, unlawful, or in any way unsuitable. It will not display any material which contain pornographic, sexually explicit, graphic violence or any obscene material.
  2. No person which is under the legal age of gambling may be actively targeted.
  3. No jurisdiction where gambling and the promotion of gambling is prohibited may be actively targeted.
  4. No illegal or fraudulent activities may be directed to playabets.co.za when generating traffic, and in particular though not limited to:
    1. Incorrect metatags
    2. Sending Spam
    3. Registering and depositing as a player or depositing either directly or indirectly to another player account through his/hers tracker or trackers for their own personal use or any use by a friend, relative, friend, employee or any other third party as a means to artificially increase them commission or in any way try to defraud Playabets.co.za. This type of violation will be deemed fraud.
  5. The website/marketer must not be presented in any way so that it may evoke a risk of confusion with Playabets.co.za or in any way convey the impression that the website/marketer fully originates or partly originates with Playabets.co.za.
  6. Marketers may not use the property rights, terms, and trademarks of Playabets.co.za unless authorized in writing by Playabets.co.za. Excluded is marketing material that may be forwarded by Playabets.co.za and/or will be made available from the website aff.playabets.co.za.

A marketing fee payment will be paid as agreed by Playabets.co.za to the marketer on the amount calculated on the net revenue that is generated from new customers that have been refereed by the Marketer website and/or by other channel. New customers will be referred to as customers of Playabets.co.za that have yet to sign up for a betting account and who have accessed the website using the link to www.playabets.co.za. These new customers must have properly registered and have made a real money transfer which is equivalent to the minimum deposit into their Playabets.co.za player account. The marketing services payment will be inclusive of value added tax or if applicable any other tax.

The marketing services payment will be a percentage of the net revenue which is in accordance to the payment structures for the particular product. The calculation of the net revenue is product specific which is set out in every product specific payment structure.

The commission will be calculated at the end of each calendar month and any payments will be performed between the 1st and the 10th of each month. The minimum monthly payment will be R200.  Any payment due that is of less than this minimum threshold, will be carried over to the following month or when it exceeds the minimum threshold.

Payment of marketing fees will be paid directly into the Marketers bank account only once the Marketer has invoiced the following for marketing services:

Playabets KZN (Pty) Ltd

VAT: 4470250087

Address: Suite 2 FMI House, Ocean Dunes, 2 Heleza Blvd, Sibaya, KZN, 4320

In the case that there is an error in the calculation of the marketing services payment, the Company reserves the full right to correct the calculation at any time and reclaim over-payment or pay out under-payment to the marketer.

When the Marketer accepts the payment this will be deemed to be the final and full settlement of the stated balance due for the period that was indicated.

If there is any disagreement regarding the balance, the Marketer reserves the right to dispute the report within a period of maximum thirty (30) days. The Marketer must send the dispute letter in the form of an email to [email protected] and include the reason for the dispute. If the Marketer does not send the email within the prescribed time period, it will be considered as an irrevocable acknowledgment that the balance due is correct as reported.

Any payments of the balance due may be delayed by Playabets.co.za for up to one hundred and eighty (180) days due to investigation and verification that the relevant transactions does comply with the provisions of the Terms and Conditions.

If the traffic generated is either illegal or contravenes any of the provisions of these terms and conditions, no payments will be due.

All marketing fees received from fraudulent or falsified transactions, the Marketer agrees to return plus all costs for any legal causes or any actions that may be brought against the Marketer to the fullest extent of the law.

All parties of this Agreement will agree that upon termination of the agreement made by either of the parties, the Marketer will no longer be entitled to receive any payment in any form from Playabets.co.za. Provided that the payments that are already due (unpaid marketing fees) have been paid out.

All taxes, fees, charges, levies, and any other money payable due both abroad and locally (if any) to any department or tax authority, the Marketer will be entirely responsible for the payment of as a result of the revenue generated in this agreement. Playabets.co.za will not be held liable for any due or unpaid amounts by the Marketer and the Marketer will completely indemnify the company in this regard.

This agreement may be terminated at any point by either party provided that a thirty (30) day written notification has been given to the other party involved. All written notification may be submitted in email.

Upon termination of this Agreement the contracting parties hereby agrees

  1. All references to www.playabets.co.za must be removed by the Marketer from the Marketer's website and/or any other marketing channels and means of communication. This is irrespective whether the communications are commercial or not.
  2. The complete licenses and rights which have been granted to the Marketer in the agreement will immediately terminate and all rights will revert to the respective licensors. The Marketer will hereby cease the use of any trademarks, logos, service, marks, and other designations that were vested in the Company.
  3. As of the effective date of termination, the Marketer will be entitled to unpaid fees up until that date. However, Playabets.co.za may withhold the marketer's final payment within a reasonable time period to ensure that the correct amount will be paid. After the date of termination the marketer will not be eligible to receive or earn any marketing service fees.
  4. Should the agreement be terminated by Playabets.co.za on the basis of a breach by the marketer, the company will be entitled to withhold any earned but unpaid fees to the marketer from the date of termination as collateral for any claim that could arise from such a breach. Furthermore, in the event of such a breach by the marketer and the requested termination from Playabets.co.za due to a breach in any of the clauses in this agreement will not require a notice period. This kind of termination will have immediate effect given a simple notification by Playabets.co.za to the marketer.
  5. All confidential information (and all copies or derivations thereof) that is in the Marketer's possession or custody, must be returned to Playabets.co.za.
  6. All obligations and liabilities that could occur or arise after the date of termination, the marketer will release Playabets.co.za from. With the exception of obligations that by their nature are designed to survive termination. When terminating the agreement, the Marketer will not be relieved from any liabilities arising from any breach of the contract that occurred prior to the termination and/or to any liability that may have arisen from a breach of confidential information, even if such a breach arises following the termination of this agreement. The obligation of confidentiality from the marketer to Playabets.co.za will survive the termination of this agreement.

The marketer hereby agrees that the use of Internet is at the Marketer's risk and that this Marketing Program is provided "as available" and "as is" without any conditions or warranties implied. Access to its website at any time or in any particular location will not be guaranteed.

Playabets.co.za will not be liable to the Marketer or anyone else due to any inaccuracy, omission in, error, or injury, loss, or damage caused by, delays, failures, or interruptions of the www.playabets.co.za website or the Marketing program.

The marketer hereby agrees they will, indemnify, defend, and hold Playabets.co.za and its, marketers, officers, employees, successors, directors, agents, attorneys, and shareholders, harmless and free from and against any and all liabilities and claims, including expert fees and reasonable attorney fees that is arising from or related to:

  1. Breaches of the Marketers warranties, representations or covenants under this Agreement.
  2. Use (or misuse) by the Marketer of the marketing materials.
  3. All activities and conduct occurring under the Marketer's user ID and password.
  4. Any, libellous, defamatory or illegal material contained within Marketer's information and data or Marketer Site.
  5. Any contention or claim that the Marketer's information and data or the Marketer’s site infringes any third party's copyright, patent, trademark, or other intellectual property rights or violates any third party's rights of publicity or privacy.
  6. Third party access or use of the Marketer’s site or the Marketer's information and data.
  7. Any claim related to the Marketer site.
  8. Any violation of this Agreement.

Playabets.co.za reserves the full right to participate in the defence of any matter at its own expense.

Playabets.co.za may at any time close or refuse any player's account in the case that it is necessary to comply with playabets.co.za Policy and/or protect the interest of Playabets KZN (Pty) Ltd.

Playabets.co.za reserves the right to refuse any applicant Marketer and/or close any Marketer's account if they deem it necessary to comply with the Playabets.co.za policy and/or protect the general interests of Playabets.co.za. If there is a breach in this agreement by the marketer or a breach of Playabets.co.za General Terms and Conditions or any other policies, rules and guidelines of Playabets.co.za, Playabets.co.za reserves the right to take any steps at law to protect its interest over and above closing the Marketer's account.

This agreement is in accordance with the laws of South Africa and any dispute or action relating to this agreement must be brought in South Africa. The Marketer hereby consents to the jurisdiction of the South African law courts irrevocably.

The Marketer must obtain the written consent of Playabets.co.za prior to assigning this Agreement by operation law or otherwise.

Playabets.co.za reserves the right to assign this Agreement, by operation of the law or otherwise, without having a prior written consent of the Marketer.

It shall not constitute as a waiver of the right, should Playabets.co.za fail to enforce the Marketer to adhere to all the terms outlined in the Agreement.

None of the parties involved will be held liable to the other party for any delay or failure to perform its obligations outlined in this Agreement, if such a delay or failure arises from a cause beyond reasonable control of and is not the fault of the party. This includes but is not limited to, strikes, disputes, acts of God, acts of terrorism, industrial disturbances, floods, utility or communications failures, lightning, earthquakes, or other casualties. In the case of a force majeure event, the non performing party may be excused from whatever performance that is prevented by the force majeure event, provided that the force majeure event subsists for a period exceeding thirty (30) days. In that case either party may terminate the Agreement without notice.

None of the actions taken by any party to this agreement nor anything contained in this Agreement shall be deemed to constitute either party (including the parties, employees, representatives, or agents) legal representative of the other party, or an employee, may create any joint venture, partnership, association, or syndication among or between the parties, nor to confer on either party any express or implied power, right, or authority to enter into any commitment, agreement or impose any obligation upon, on behalf of the other party.

Each provision of this Agreement, whenever possible, will be interpreted in a manner as to be valid and effective under applicable law, but if any provision of this Agreement is found to be invalid, unenforceable, or illegal in any respect, that provision will become ineffective only to the extent of such an invalidity, or enforceability, without the invalidating the remainder of this Agreement. No waiver can be implied from conduct or failure to enforce any rights. This must be in writing in order to be effective.

All information, included but not limited to financial and business, price and sales information, lists of customers and buyers, and any information relating to products, operations, records, processes, business plans, product information, trade secrets, business know-how or logic, market opportunities, and personal data of Playabets.co.za will be treated confidentially. This information cannot be used for own commercial or other purposes or divulged to any third party person whether direct or indirectly unless the prior and total written consent has been given by Playabets.co.za. This provision will survive the termination of this Agreement.

The Marketer hereby warrants himself not to use any of the confidential information for any purpose other than the performance of its obligations in this Agreement.

Playabets.co.za reserves the complete right to amend, delete, alter, or add to any of the provisions of this Agreement at any point and at its sole discretion, without having to give any advance notification to the Marketer, subject to the terms and conditions set out in this Agreement. Any such related changes will be posted at www.playabets.co.za.

In the event of any discrepancy between the meanings of any translated versions of this Agreement, it is the English language version that will prevail.

Nothing contained in this Agreement will grant any of the parties any title, right or interest in the trade names, trademarks, service marks or other intellectual property rights [hereby referred to simply as 'marks'] of the other party. During or after the term, at no time will either party attempt or assist or challenge or allow others to register or challenge or to attempt to register the marks of the other party of any company within the group of companies of the other party. Neither of the parties involved will register or attempt to register any mark which is similar to and/or strikingly similar to any mark which belongs to the other party or to any company that is contained within the other party's group of companies.

Marketing FEE

The fee payable to marketers is based on the following calculation:

GGR (Gross gaming revenue = Stakes – Payouts)

Less: Applicable Taxes (6.5% Gambling Board Tax, 15% VAT)

Less: Bonus Money

= Net Revenue

The marketing fee is a % of net revenue. For a fee proposal, please contact [email protected].

All reporting is done in Local currency ZAR. For international marketers, you will be paid at the exchange rate at the time of payment less all fees associated with international payments.

Please note that there is a negative carryover.  For example, if your referrals generate a negative Net Revenue of –R 1000 for the month of May and a positive Net Revenue of R1500 for the month of June, your fee for June will be calculated off the net revenue of R1500-R1000 = R500.