Terms and Conditions
TERMS AND CONDITIONS
Last Updated: 14/05/2025
Version: 1.2
The following document sets out the terms and conditions (the 'Agreement') for participating in the KwanzaBet Affiliates Program (the 'Program').
The Agreement should be read by the individual or entity that may participate in the Program (the 'Affiliate'). The agreement governs the relationship between Radon B.V., a company duly registered under the laws of the Curacao by means of having its registered office at Emancipatie Boulevard 29, Curacao and being regulated and licensed by the Government of Curacao with the Master Gaming Sublicense by CIL Curacao Interactive Licensing N.V., and the Affiliate. The Agreement applies for the duration of the relationship between Radon B.V. and the Affiliate. The Agreement applies to all aspects of the Program, including, but not limited to, the application process and the possible membership that follows and the Affiliate's actions in promoting the KwanzaBet.ao site and the creation of hyperlinks from the Affiliate's website(s) to KwanzaBet.ao (the 'Links').
KwanzaBet may alter any or all parts of the Agreement at any time (even without prior notice to the contracting party). If applicable, notice will be given by message to the affiliate's registered email address and will be deemed to be served immediately when sent by KwanzaBet. If the Affiliate does not agree to the changes the Affiliate should terminate the Agreement in accordance with its terms. The Affiliate's continued participation in the Program after KwanzaBet have posted changes will constitute binding acceptance of such changes.
Please read the Agreement carefully before joining.
1. Definitions and interpretations
'Affiliate' means any natural and legal persons who, after having entered into the Agreement, makes space on their homepage, website(s), other media platform or e-mail, etc. ('Affiliate Site' or 'Advertising Space') available to KwanzaBet for the marketing of the Business and/or Services and acquisition of New Depositors.
'Sub-Affiliate' means any natural and legal person who, after having entered into collaboration with the Affiliate, makes space on his homepage, website, email or other media platform available to KwanzaBet for the marketing of the Business and/or Services and the acquisition of New Depositors.
'Bonuses' means any so-called 'freemoney', 'free bets', 'free-games', 'money-back', 'top-ups' and/or similar; and/or vouchers, rebates, discounts and/or similar that the New Depositor can utilise as payment for stakes (bets).
'Brand' means the name, concept or identity under which the Services or Business is generally, and from time to time, recognized in the public domain worldwide. The Brand is and remains the sole property of KwanzaBet.
'Business' means the KwanzaBet's business consisting of Fixed Odds Betting, the Other Betting and Gaming Activities and New Activities.
'Confidential Information' means any information of a commercial value, essential for any of the Parties, such as, but not limited to: technology, market and business information, financial reports, know-how, trade secrets, products, processes, business strategies, information concerning research, databases, New Depositor lists, prospect and New Depositor data, supplier lists, marketing plans, product development, manner of operation or financial condition or prospects.
'Commission' means the compensation due to the Affiliate based on the agreed percentage of Net Profit generated by the New Depositor at Site.'
'Database' means the database regarding Affiliates and New Depositors, containing any KwanzaBet proprietary New Depositor data with relevance to the Agreement, including without limitation personal data and contact information, and excluding all other KwanzaBet databases, as it stands as of the date of the Agreement, and as it stands until the date of the Agreement being terminated. The Databases are assets of a financial value belonging to KwanzaBet and represent a substantial investment made by KwanzaBet.
'Intellectual Property Rights' means any rights in computer software (including source codes), rights in data bases, rights in know-how, design rights, topography rights, copyrights, trademarks, domain names, utility models, brands, business names, registrations of and applications to register any of the aforesaid items and/or rights in the nature of any of the aforesaid items.
'Payment Agent' means the person appointed by KwanzaBet to carry out on its behalf and name payments to the Affiliates;
'Personal data' means any information relating to any person, whether individual or legal that is or may be identified from time to time (directly or indirectly). It includes without limitation any and all information in relation to New Depositors and/or Affiliates.
'New Activities' means any services or products related to the Business which are not offered through KwanzaBet websites as of the date of the Agreement and which will be offered through Site following the date hereof, such as the provision of Casino and Poker game play.
'New Depositor' means a new customer having made, in compliance with the from time to time existing KwanzaBet terms and conditions ('the Rules'), a first minimum deposit with the Site, or the equivalent amount in any other by KwanzaBet accepted currency, or more, and which deposit is utilized for bona fide transactions with an ultimate aim to establish and enter a normal commercial relationship with KwanzaBet within the framework of the Business.
'Net Profit' means the total sum of the following three (3) components:
(i) on sports book activities, all gross monies received by us in respect of all settled bets made by New Depositors after deducting; (i) monies paid out to New Depositors as winnings; (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof) (iii) bad debts; (iv) fraud; (v) returned stakes; (vi) transactions which are reversed by instruction from the card-holder's bank (commonly referred to as charge-backs); and (vii) voids and bet/deposit bonuses.
(ii) on New Activities, the gross monies received by us in respect, less prize monies (winning) paid out in connection with New Activities, such as on poker activity, the gross rake and buy-in fees less (i)licensing fees, (ii) poker chips bonus, (iii) charge-backs, (iv) bad debts and(v) fraud, (vi) rake back, (vii) cash back or on casino activities, the value of opening balance with the addition of funds transferred in less (i) funds transferred out (ii) closing balance (iii) credits made to users (iv) licensing fees (v) charge-backs (vi) bad debts and (vii) fraud.
(iii) Less arm's length commission, license fees and/or similar paid out to Third Parties due to profit sharing arrangement, including but not only fees for the Technical platform, affiliates prizes and other similar cost.
For the avoidance of doubt, any amounts referred to herein-above in this definition are amounts attributable to a New Depositor only and are allocated pro rata subject to their participation in the revenue/costs generating events and the Affiliate concerned.
'Services' means the concept under which the Business is generally provided and, from time to time, made available in the public domain, in the format of language and localized customized home pages combined with call center staff having the relevant language skills.
2. General scope and object
a) KwanzaBet requires third party advertising space to promote its Brands and increase its Business, notably via increasing the number of New Depositors, and from time to time will, in cooperation with third parties, negotiate, sign and carry out its affiliate marketing strategy. In the event KwanzaBet uses a third party for the (partial) roll-out of its affiliate marketing strategy, including contract negotiation, day-to-day management of the Technical platform, payment processing, marketing or other activities, this irrespective of the legal capacity of the intermediary, whether as agent, subcontractor or other, KwanzaBet is and remains exclusively responsible for the proper execution of the Agreement.
b) KwanzaBet expressly states that the promoting or soliciting of bets is subject to legal restrictions in some countries and may even be prohibited in some cases. These restrictions may vary by date. The Affiliate acknowledges that should the promoting or soliciting of bets or the participation in prize games be prohibited under the rules and regulations of its country of domicile or be permissible only under certain preconditions not met, it may not enter into this agreement and consequently not be entitled to post the link on its website. Should any disadvantages whatsoever arise for KwanzaBet or the Affiliate due to disregard of the relevant prohibitions in the country of domicile of the Affiliate, the Affiliate shall be exclusively liable.
c) The Affiliate further confirms that it operates the Affiliate Site under its own name and that it is fully and without restrictions authorized to dispose thereof.
d) Unless otherwise agreed in writing by the Parties, each Party shall remain exclusively responsible for all and any expenses(including investment and/or running costs) incurred in respect of the obligations it undertakes in terms of the Agreement and will have no right of recourse against the other Party in respect thereof.
3. The Affiliate's integration in the Program
a) Upon conclusion of the Agreement, a unique partner identification code is assigned to integrate the Affiliate in the Technical Platform. By means of the link code assigned within the scope of the KwanzaBet Affiliate strategy, New Depositors acquired via the link on the Affiliate's website and the bets placed during such sessions are registered and/or can be further tracked.
b) The preparation of additional advertising material relating to KwanzaBet is only permissible with KwanzaBet's consent. Advertising material (of any kind whatsoever) may thus only be used after prior written approval by KwanzaBet.
c) A change of the URL address of the Affiliate Site shall not constitute a change to the agreement and shall not affect its rights and obligations arising from this agreement.
4. The Links
a) The Affiliate agrees to give KwanzaBet the Affiliate's reasonable assistance in respect of the display, access to, transmission and maintenance of the Links.
b) The Affiliate shall ensure that the Affiliate does not place any Links on pages of the Affiliate Site aimed at persons under the age of 18 years.
c) In the event that the Affiliate wishes to place the Links on websites other than the Affiliate Site, the Affiliate must first obtain KwanzaBet's written consent.
d) The Affiliate may not purchase or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service and which are identical or similar to any of KwanzaBet's trademarks or otherwise include the word 'KwanzaBet', 'KwanzaBet Sports', 'KwanzaBet Sportsbook',' KwanzaBet Casino', 'KwanzaBet Poker', 'KwanzaBet Affiliates' or variations thereof, or include met a tags on the Affiliate Site which are identical or similar to any of KwanzaBet's trademarks.
e) Neither the Affiliate nor the Affiliate's friends or relatives are eligible to become New Depositors (as defined below) and the Affiliate shall not be entitled to any share of Net Profit or any Fees (or any other remuneration from KwanzaBet) in relation to such relatives or friends. Relatives in this context shall include (without limitation) the Affiliate's spouse, partner, parent, child or sibling.
f) The Affiliate shall indemnify on demand and hold harmless KwanzaBet from and against any and all losses, demands, claims, damages, costs, expenses(including consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by KwanzaBet in consequence of any breach by the Affiliate of the Agreement.
g) The Affiliate shall not:
i. directly or indirectly offer any person or entity any consideration or incentive(including, without limitation, payment of money or other benefit) for using the Links on the Affiliate Site to access the Site (e.g. by implementing any 'rewards' program for persons or entities who use the Links on the Affiliate Site to access Site);
ii. read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to KwanzaBet by any person or entity;
iii. in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Site;
iv. engage in transactions of any kind on the Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so;
v. take any action that could reasonably cause any end user confusion as to KwanzaBet 's relationship with the Affiliate, or as to the site on which any functions or transactions are occurring;
vi. Other than providing the Links on the Affiliate Site in accordance with the Agreement and any promotion contemplated by Clause4 (j), post or serve any advertisements or promotional content promoting Site;
vii. post or serve any advertisements or promotional content promoting the Site or otherwise around or in conjunction with the display of the Site (e.g., through any 'framing' technique or technology or pop-up windows or pop-under windows), or assist, authorize or encourage any third party to take any such action;
viii. Attempt to artificially increase monies payable to the Affiliate by KwanzaBet;
ix. cause the Site (or any page thereof) to open in a visitor's browser other than as a result of the visitor clicking on a Link on the Affiliate Site; or
x. attempt to intercept or redirect (including, without limitation, via user-installed software) traffic from or on any website that participates in the Program.
xi. Use any form of spam (including search engine spamming) or unsolicited mail in its attempts to refer New Depositors to the Site.
xii. Be under eighteen (18) years of age; and he/she is obliged to provide KwanzaBet upon simple request at any time a copy of his/her ID and billing address if needed. KwanzaBet reserves the right at any time to request that the Affiliate or player produce documents to verify his/her identity and/or other facts. Refusal to do so may be considered, at KwanzaBet's sole discretion, as fraudulent activity that will be subject to all the consequences listed above.
xiii. KwanzaBet determines, in its sole discretion, which the Affiliate has engaged in any of the foregoing activities or doubtful patterns, and the list above is not limitative. As a result KwanzaBet may without limiting any other rights or remedies available to it, (a) withhold any monies otherwise payable to the Affiliate, in particular adjust the commission earned on the offending player in the affiliate account to 0%, sever the relationship between the affiliate and the player account and/or (b) close the player and/or affiliate account and/or immediately terminate the Agreement.
h) If the Affiliate contacts any of the Affiliate's users to promote the Site or the Links, the Affiliate shall make clear in the body of any such communication that such communication is made without the knowledge or involvement of KwanzaBet and that any complaint that the relevant user may wish to make should be addressed to the Affiliate and not KwanzaBet.
i) The Affiliate shall at all times comply with the reasonable data protection standards and any other related or similar legislation.
j) In any event, the Affiliate shall inform users of the Affiliate Site ('Users'), via a privacy policy or other appropriate means, that tracking technology will be installed on the User 'shard drive when a User clicks on the Links.
5. KwanzaBet's Obligations and rights
a) KwanzaBet shall supply the Affiliate with the Links for inclusion on the Affiliate Site and may update such Links from time to time.
b) Subject to the Affiliate complying with KwanzaBet's instructions with regard to tracking of New Depositors accessing the Site via the Links on the Affiliate Site, KwanzaBet shall use reasonable endeavors to ensure that whenever a New Depositor links to the Site through the Links on the Affiliate Site and they subsequently place a bet with KwanzaBet, the relevant New Depositor is identified as originating from the Affiliate Site. However, KwanzaBet shall not be liable to the Affiliate in any way if KwanzaBet is unable to identify a New Depositor as originating from the Affiliate Site.
c) KwanzaBet shall be entitled to exercise any of its rights or fulfill any of its obligations hereunder (including without limitation its payment obligations pursuant to clause 6) through any company within the group of companies containing KwanzaBet.
d) KwanzaBet shall have the discretionary right to accept or decline any offer to execute the KwanzaBet General Affiliate Marketing Agreement. In the event KwanzaBet declines an offer, it shall not be obliged to indicate a reason, nor shall any compensation, remuneration or other indemnity be due.
e) We reserve the right to update and change the Terms and Conditions from time to time without notice. Any amendments, modifications, enhancements or changes to The Program (including the release of new features and resources made available by us from time to time) shall be subject to these Terms and Conditions. Continued use of The Program after any such changes shall constitute your consent to such changes.
f) The COMPANY reserves the right, without liability to you, to reject your application without reference to you or assigning any reason thereto.
g) If we suspect the Terms and Conditions have been breached, or the occurrence of fraudulent traffic, payment requests may be held over for investigation and your account may be frozen until we can validate that there has been no breach of the Terms and Conditions.
h) We track and report all player activity for the purposes of calculating your affiliate earnings.
i) No payment shall be due if the Company has reason to believe that traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement between the Affiliate and the Company.
j) Applicants must provide at least 5 active players to become a qualified affiliate and to have the right to request a withdrawal. Any earnings accrued during this time will remain in the affiliate’s account until this rule has been met.
6. Commission, Payment and Payment Terms
a) The Affiliate in the Program shall be entitled to receive, on a monthly basis a revenue based on a percentage (to be agreed upon between the parties) of the Net Profit ('Commission').
b) The Affiliate shall be entitled to receive the Commission for each New Depositor for a lifetime value from the date of the first deposit made by the New Depositors, except in the event of a termination of the Agreement. In the event of termination, the payment of the Commission shall end after a period of 6 months following the date of the Agreement's effective termination.
c) To receive revenue based on a percentage of the Net profit of his Sub-Affiliate, the Affiliate shall register the Sub-Affiliate through the Program. The Affiliate is individually responsible for registering his Sub-Affiliate and cannot claim revenue from a Sub-Affiliate not registered through the Program. The Terms and Conditions shall apply to the Sub-Affiliate. The Affiliate undertakes the responsibility to not use a fictitious name or alias when registering a Sub-Affiliate and is not allowed to register himself as a Sub-Affiliate. The Affiliate is entitled to receive 5% of his Sub-Affiliate's Commission.
d) KwanzaBet shall provide the Affiliate with statements accessible through the Technical Platform at www.KwanzaBet.ao detailing the number of New Depositors and the Affiliate's share of Net Profit, if any, which have accrued to the Affiliate over the course of the calendar month. Such statements shall in principle be updated daily. At the end of a calendar month, KwanzaBet shall record the Affiliate's total share of Net Profits, if any, during the previous calendar month ('Commission'). If the Affiliate has chosen to be paid by any other means other than to a KwanzaBet Player Account (such as Moneybookers, Neteller or National or International WireTransfer) and if a Revenue Share does not exceed 50,000 AOA or similar, KwanzaBet shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the Revenue Share (including such carried forward sum) exceeds 50,000 AOA or similar.
e) It is understood and agreed that Affiliate has at any time secured real time access to the Technical Platform, always provided that KwanzaBet does not object such access for duly motivated reasons, such as network and IT maintenance and/or security threats. Affiliate understand sand accepts that the real time data of the Technical Platform are merely estimations and/or have an indicative value. After the end of each calendar month, shall KwanzaBet provide Affiliate with a consolidated monthly statement containing the aggregated and accurate data concerning the generated Net Profits and the commissions of each Affiliate.
f) Affiliate understands and accepts that access to the KwanzaBet Affiliates Technical Platform, including without limitation the Affiliate Software back-office module, is subject to the highest confidentiality obligation and any misuse, whether intentionally or not, of said limited access right shall be considered as a substantial breach of essential obligations under the present Agreement(obligation of result).
g) All payments to Affiliate shall be made by a Payment Agent appointed by KwanzaBet. Both Parties agree and acknowledge that KwanzaBet may change from time to time, and at its sole discretion, the payment method and/or Payment Agent, always provided KwanzaBet is and remains exclusively responsible for payment of any amounts due.
h) All payments required to be made under the Agreement shall be made in AOA. The applicable exchange rate, if any, shall be the ones from time to time used by KwanzaBet for internal Group reconciliation purposes, as for currently reported by OANDA(http://www.oanda.com) a registered Futures Commission Merchant (FCM) with the Commodity Futures Trading Commission (CFTC) and a member of the National Futures Association. For the avoidance of doubt, all payments shall be made inclusive of VAT, if applicable and the Affiliate is individually responsible for withholding tax, VAT and social fees.
i) Invoices and payment are processed automatically through the KwanzaBet technical platform. Payments shall be made by the end of each month.
j) In the calculation of Net Profit, when a New Depositor account results in a negative balance for the Affiliate, due to New Depositor winnings and/or bonuses, the said balance will be set to zero at the beginning of each month. No negative carry over will be taken into account from one month to another in the calculation of the Commission due to the Affiliate.
7. Intellectual Property
a) Nothing in the Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights, including, without limitation, patents, trademarks, service marks ,registered designs, copyrights, database rights, rights in designs, inventions and Confidential Information, etc. which arise in result of entering into or the performance of the Agreement.
b) All Intellectual Property Rights created and/or deriving out of the Agreement, including, without limitation, banners, advertising material, contents, the Database, including contents and personal data, shall be or become the sole property of KwanzaBet, and Affiliate shall have absolutely no rights therein.
c) KwanzaBet grants the Affiliate a non-exclusive and worldwide right to display the KwanzaBet Brand features and related content (the 'KwanzaBet Content') during the Term solely for the purposes of the display of the Links by the Affiliate on the Affiliate Site as set out in the Agreement and in accordance with KwanzaBet' guidelines as may be provided to the Affiliate from time to time. All intellectual property rights and any goodwill arising in the Links and in all betting products, associated systems and software relating to the services provided by KwanzaBet to its New Depositors from time to time shall remain the property of KwanzaBet. The Affiliate is not permitted to use the KwanzaBet Content in any way that is detrimental to KwanzaBet or the reputation or goodwill of KwanzaBet. The Affiliate is not permitted to alter or modify in any way the KwanzaBet Content without the express prior written consent of KwanzaBet.
d) In particular, unless prior written approval, the Affiliate may not purchase or register domains names which are identical or similar to any of KwanzaBet's trademarks or otherwise include the word 'KwanzaBet','KwanzaBet Sports', 'KwanzaBet Sportsbook', 'KwanzaBet Poker', 'KwanzaBet Casino', 'KwanzaBet Affiliates' or variations which are identical or confusingly similar to any of KwanzaBet's trademarks.
e) The Parties agree that the right mentioned in Clause 7 (c) is non-transferable and terminable at any time at the instance of KwanzaBet.
f) The Affiliate agrees that the Affiliate Site shall not resemble in any way the appearance and/or the general impression of the Site, nor will the Affiliate create the impression that the Affiliate Site is the Site (or any part thereof).
g) Upon termination of the Agreement, each Party shall hand over to the other Party proprietary material or information, and, as the case may be, destroy in a secure manner remaining copies of the same. Notwithstanding any disposition to the contrary in the Agreement, Affiliate acknowledges that after termination of the Agreement, it will not be allowed to keep a copy of the KwanzaBet Content, the Databases, personal data or Confidential Information, and may not exploit, directly or indirectly, KwanzaBet proprietary information, materials or works.
8. Warranties
a) Each party to the Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into the Agreement, to grant to the other party the rights and licenses granted in the Agreement and to perform all of its obligations under the Agreement.
b) Each party to the Agreement represents, warrants and undertakes to the other that it has obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable it to fulfill its obligations under the Agreement and that it fully complies with, and shall continue fully to comply with, the preconditions set out in Clause 3and all applicable laws and regulations.
c) The Affiliate represents, warrants and undertakes that the Affiliate Site shall contain no material which is defamatory, pornographic, unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of any third-party rights and shall not link to any such material.
d) The Affiliate warrants that it shall at all times comply with any local and international data protection standards any other related legislation and the Affiliate shall indemnify on demand and hold harmless KwanzaBet from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by KwanzaBet as a result of any breach by the Affiliate of this warranty.
e) KwanzaBett is associated with companies working for the prevention of gambling addiction (Gam care). The Affiliate should provide all the information to fight the dependence on game. The Affiliate should place links directed to the aforementioned sites.
f) The Affiliate agrees to work to ensure a lack of access to children and young persons. Affiliates must not deliberately provide facilities for gambling in such a way as to appeal particularly to children or young people, for example by reflecting or being associated with youth culture.
9. Disclaimer
KwanzaBet makes no representation that the operation of the Site will be uninterrupted or error-free and KwanzaBet will not be liable for the consequences of any interruptions or errors.
10. Indemnity
The Affiliate (the 'Indemnifying Party') shall indemnify on demand and hold blameless KwanzaBet and each of its associates, officers, directors, employees, agents, shareholders and partners(the 'Indemnified Party') from and against any and all losses, demands, claims, damages, costs, expenses (including without limitation consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by the Indemnified Party in consequence of any breach, non-performance or non-observance by such Indemnifying Party of any of the obligations or warranties on the part of the Indemnifying Party contained in the Agreement.
11. Exclusion of Liability
a) Nothing in this Clause shall limit KwanzaBet's liability resulting from willful misconduct.
b) KwanzaBet shall not be liable, in contract, tort (including without limitation negligence) or for breach of statutory duty or in any other way for:
i. any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
ii. any loss of goodwill or reputation; or
iii. any indirect or consequential losses in any case, whether or not such losses were within the contemplation of the parties at the date of the Agreement, or any other matter under the Agreement.
c) The liability of KwanzaBet shall not, in any event, exceed the sum of the total monies paid by KwanzaBet to the Affiliate over the12 months period preceding the date on which such liability accrued.
12. Terminations in case of defaults
a) This Agreement enters into license from the date on which the KwanzaBet Affiliate Program notifies the Associated Member that his or her request is accepted in accordance with clause 4.
b) This Agreement shall continue thereafter unless it fails to comply with clauses 13(b), (c) and (e). Without prejudice to clause 12(a), KwanzaBet Affiliate Program may terminate with immediate effect of terminations by sending written notice to the Associate Member in the event that:
- An Associate Member fails to comply with his or her material obligations under the Agreement, and in the event of a remediable breach, if he or she fails to remedy within 30 days from the date of receipt of notices from the other party
- declares itself insolvent or unable to pay its debts, proposes a voluntary settlement, and has signed a depositor, liquidator, administrator or manager for all or part of its business or assets, or in the event that an application is required, an order must be executed or a liquidation resolution must be approved (none of the effects of a consistent and confident restructuring, breaks the dissolution or proposes in any other way or reaches an agreement with its creditors or with any class thereof, or interrupts its business activities or claims the benefit of any debt regulation.
- The Associate Member sells his/her company, or any part of it, and/or registers any change with respect to the beneficial owner.
c) Without prejudice to Clauses 12 (a) and (b), KwanzaBet Affiliate Program may unilaterally come from the agreement by notifying them to the other party in writing two weeks before the agreement and without giving any reason to respect it.
d) KwanzaBet Affiliate Program shall immediately notify the other party in writing of any event set forth in clause 12(b)(ii) that occurs during the Term and that authorizes KwanzaBet Affiliate Program to terminate said period.
e) The parties will have no obligation or right of any kind under the Agreement once the Agreement has expired, without prejudice to any obligations or rights that it may have accrued with any other party at the time the Agreement ends, except for clauses 1, 2, 8, 9, 11, 12, 13(e) and 14, together with other clauses, whose survival is necessary for the interpretation or fulfilment of the Agreement, which will continue to be valid after the end of the Agreement.
13. General Terms
- This Agreement represents the entire Agreement and the understanding of the parties and will supersede any prior agreement entered into between the parties that relates to the contents of the Agreement. Each party also agrees that in entering into this Agreement, and the documents referred to in it, it has not relied on any statement, declaration, guarantee or promise (whether through negligence or unintentional) of any person (whether a party to the Agreement or not), nor have they been able to demand any compensation in respect of them, with the exception of the security expressly established in the Agreement. Nothing in this clause shall be construed to limit or exclude any liability for fraud.
- In no event shall any delay, failure or omission (in whole or in part) in the application, exercise or claim of any right, power, privilege, claim or remedy granted under the Agreement for legislation, be deemed to be a waiver of these or any other right, power, privilege, claims or remedy in respect of the aforementioned circumstances, nor to act, as an impediment to the performance of any other right, power, privilege, claim or remedy, in any other case or occasion or subsequent occasions.
- The Associate Member shall not, without the prior written consent of the other party, either in law or in equity (including, by way of example, but not limited by a lawsuit or statement of confidence), assign, sublicense or deal in the Agreement or any rights included therein, or subcontract any or all of its obligations or pretend to take any other similar action. Any action that violates this clause will not grant any rights to the alleged assignee.
- If any provision of this Agreement is declared invalid or unenforceable by a court or administrative body of the relevant jurisdiction, such invalidity or unenforceability shall not affect other provisions of the Agreement, which shall remain valid.
- By virtue of this Agreement, any notification that must be made must be sent by email and to the attention of the manager of the associated members (unless KwanzaBet Affiliate Program notifies otherwise in this document). KwanzaBet Affiliate Program shall send to the Associated Member the notifications made pursuant to the Agreement to the e-mail address indicated in the Associated Member's request form or such other address as the Associated Member had specified. Notifications will be deemed to be received within two hours of being sent. If the alleged receipt occurs before 9:00 a.m. of a working day, the notice shall be deemed to have been received at 9:00 a.m. of the same day, and if the alleged receipt takes place after 5:00 p.m. of a business day, or on any non-working day, the notice shall be deemed to have been received at 9:00 a.m. of the following working day.
- Each of the parties undertakes that at no time will they use, disclose; it will communicate it; to another person, other than their advisors or professional representatives or if required by law or any other regulatory or legal authority, any confidential information relating to the business or business operations of the other party or any member of the group of companies to which the other party belongs, which it may have or may have as knowledge, and each party shall make reasonable efforts to avoid publication or disclosure of any confidential information in this regard.
- Nothing in this Agreement shall be enforced, or intended to be executed, to create an association between the parties, or authorize either party to act as agent of the other, and neither party has the authority to act on behalf of or on behalf of the other, or otherwise bind the other in any other way (including but not limited to, but not limited to any representation or warranty, the assumption of any obligation or responsibility, and the exercise of any right or power).
- Neither party shall make an announcement related to the Agreement or its content without the prior written permission of the other party, unless required by law or by any other regulatory or legal authority.
14. Severability
In the event that one of the contractual provisions ceases to be valid, such invalid provision will be replaced by one that comes as close as possible to the commercial purpose of the void agreement. The remaining conditions of the agreement will not be affected and have remained in force.
15. Duplicates
This agreement can be formalized in several duplicates and each of them, after being formalized and being presented, must constitute an original document. However, the set of all trade bills must be a single instrument.
By participating in the KwanzaBet Affiliate Program, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions.