Terms and Conditions
It is important that you read and understand the contents of these terms and conditions (the "Agreement"). By continuing with your application to join our affiliate programme, you are agreeing (subject to our approval of your application) to the terms and conditions of this Agreement.
If you have any questions regarding our affiliate programme, please contact:
1.1.This Agreement sets out the terms and conditions between Tic Tac Bets, "we", "us" or "our" as applicable) and you in relation to your application to set up an affiliate account (and membership of the affiliate programme if your application is deemed successful) to promote the "Tic Tac Bets Sites" (or certain of our sites, depending on the products you are signed up to promote) by the creation of internet hyperlinks and other promotional links such as banners (the "Links") from your website(s) (your "Site") or from your promotional emails (which we have pre-approved) to the Tic Tac Bets Sites.
1.2.We reserve the right to change any part of this Agreement at any time. Where possible, notice of any material changes will be sent to the last email address provided by you to us in advance of such changes becoming effective but it is ultimately your responsibility to check these terms and conditions regularly and we reserve the right to amend this Agreement at any time. Your continued participation in our affiliate programme after we have posted the changes will constitute binding acceptance of such changes. The latest modification of the Agreement will be as per the date stated at the top of this Agreement so, please check this page regularly for updates.
2.1.By filling in the application form and ticking the check box you confirm that you are over 18 years old and are requesting membership to our affiliate programme and are agreeing to the terms and conditions of this Agreement. The application form will form an integral part of this Agreement.
2.2.We will in our sole discretion determine whether or not your application has been successful. Our decision is final and is not open to appeal.
2.3.We will notify you by email if your application has been successful with instructions as to what you must do to include the Links on your Site.
3.1.Throughout the term of this Agreement, you shall:
· prominently incorporate and continually display the most up-to-date Links provided to you by Tic Tac Bets on your Site and you shall not alter the form, location or operation of the Links without Tic Tac Bets's prior written consent; provide Tic Tac Bets at no cost with all data and information (including for example passwords) to enable us to monitor your Site to ensure you are complying with this Agreement; maintain your Site in an appropriate manner and contact us if you are materially changing design or layout or adding material that you should know, acting reasonably, may influence our opinion as to whether or not you are a suitable affiliate;
· promote the Tic Tac Bets Sites in a socially responsible manner, with particular regard to the need to protect children, young persons and other vulnerable persons from being harmed or exploited.
· not place any Links on pages of your Site aimed at persons under the age of 18 years or otherwise target, whether directly or indirectly, such persons for gambling-related services.
· limit all online marketing activity to the following approved methods: Online Advertising including Industry Relevant Expertise, Niche Websites, Personal Websites, Comparison Websites, Video Blogs and Web blogs, Loyalty & Reward Sites, RSS Feeds, and Social Media marketing. You must request permission prior to implementing any method outside of the foregoing. This Agreement sets out the sole and exclusive means by which you may advertise, promote and market our Sites.
· make it clear in any communication by you to potential customers that the communication is made without the knowledge or involvement of Tic Tac Bets and that any complaint that the recipient may wish to make should be addressed to you and not Tic Tac Bets.
· upon our request, immediately remove any marketing activity promoting Tic Tac Bets or the Tic Tac Bets Sites on your Site or on other advertising channels within your control.
· comply with all reasonable instructions of Tic Tac Bets in relation to this Agreement.
3.2.Throughout the term of this Agreement, you shall not:
· Place the Links on websites other than your Site as specified in your application form without Tic Tac Bets’ prior written consent.
· Offer any special benefits or other incentives (including for example any payment) to any person for using the Links on your Site to access the Tic Tac Bets Sites.
· Read, intercept, copy, record, redirect, interpret, or otherwise interfere with, or fill in the contents of, any electronic form or other materials submitted to us by any third party.
· Modify any of the Links other than in accordance with this Agreement.
· Engage in transactions of any kind on the Tic Tac Bets Sites on behalf of any third party.
· Authorise, assist, or encourage any other person to engage in transactions of any kind on the Tic Tac Bets Sites other than in accordance with this Agreement.
· Take any action that could cause any third party (end users or otherwise) confusion as to our relationship with you, or as to the site on which any functions or transactions are occurring.
· Other than providing the Links on your Site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the Tic Tac Bets Sites.
· Artificially increase (or attempt to so do) monies payable to you by Tic Tac Bets.
· Attempt to intercept, redirect or otherwise interfere with (including, without limitation, via user-installed software) traffic from or on any website that participates in our affiliate programme.
· Solicit non-member affiliates (termed "sub-affiliates") to distribute offers and claim commission on such activities. You are prohibited from starting a sub-affiliate network using Tic Tac Bets offers and media assets without our express written consent in advance.
· Purchase, bid for, register or otherwise acquire keywords, AdWords , search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of Tic Tac Bets's intellectual property rights, including without limitation copyrights, trademarks (whether registered or unregistered), brand names, domain names, graphics and designs using by Tic Tac Bets in connection with the Tic Tac Bets Sites. However, this does not extend to the use of metatag keywords on your site which are identical or similar to any of Tic Tac Bets's trademarks or trade names including the term "Tic Tac Bets”.
· Directly or indirectly refer visitors from your Site or Customers, who you suspect (or ought to suspect) are likely to abuse promotions or services available on the Tic Tac Bets Sites.
· Place the Links on websites providing unauthorised access to copyrighted content (such illegal streaming sites or file sharing sites).
· Send any marketing communications relating to Tic Tac Bets via SMS or email without the prior written consent of Tic Tac Bets.
3.3.If we determine, in our sole discretion, that you have breached any of the provisions of Clauses 3.1 or 3.2, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement.
3.4.Neither you nor your direct relatives nor any connected party on your behalf (whether a director, contractor, partner, agent, employee or otherwise) are eligible to become a Customer) and you shall not be entitled to any share of Net Revenue or any other remuneration from Tic Tac Bets in relation to such persons. Direct relatives in this context shall include your spouse, partner, parent, child or sibling.
3.5.Only one affiliate account is permitted per affiliate. Tic Tac Bets reserves the right to close down any duplicate accounts and to cancel any amounts otherwise due under such accounts.
3.6.You will not market or promote any Tic Tac Bets Sites within or to persons from any Restricted Territories; or be involved in any traffic coming from any Restricted Territories; or allow, assist or encourage circumvention of any restriction put in place by Tic Tac Bets and/or any Tic Tac Bets Sites in connection with Restricted Territories. Any changes to this list will be communicated. If we determine, in our sole discretion, that you have breached this Clause, we may (without limiting any other rights or remedies available to us) withhold any monies otherwise payable to you under this Agreement and/or terminate this Agreement.
4. Tic Tac Bets’s Obligations
4.1.Tic Tac Bets will provide you with the Links in various formats (e.g. flash, animated gif and text formats). At our sole discretion, the Links may include a bespoke affiliate ID (an “Affid”) which may be modified by us from time to time. An AffId may be created during a particular campaign (for example during a particular overarching Tic Tac Bets campaign) in which case a redirect will be put into place via the Link.
4.2.Subject to your complying with all of the terms of this Agreement, Tic Tac Bets shall use all reasonable endeavours to ensure that whenever a Customer links to the Tic Tac Bets Sites through the Links and subsequently places a bet with Tic Tac Bets, the relevant customer is identified as originating from your Site. However, Tic Tac Bets shall not be liable to you in any way if Tic Tac Bets is unable to identify a Customer as originating from your Site. You should note in particular that if you do not comply with the requirement to obtain consent to tracking, or where an end user refuses to grant such consent, or where you fail to comply with any other applicable laws including in relation to data privacy and security, we shall not be liable to you in any way in respect of the actions of that end user or Customer.
5. Payments, Spamming, Money Laundering, & Your Identity
5.1.In this Clause the following words shall have the following meanings:
“Customers” shall mean visitors from your Site who enter the Tic Tac Bets Site via the Links and who register (to include the provision of a valid email address and such other information as Tic Tac Bets may require) and open an account with Tic Tac Bets and where such visitor complies with the terms and conditions of the Tic Tac Bets Site and places a bet with Tic Tac Bets or any of its partners on the particular product or service the subject of our agreement with you.
5.2.We will terminate this Agreement immediately without recourse for you if you engage in any form of spamming.
5.3.You will not send any marketing SMS, email or other communications relating to Tic Tac Bets or this Affiliate Programme without our prior written consent. For us to properly consider whether our consent shall be granted, you shall provide us the information we deem necessary to assess the request.
5.4.You will ensure that any approved SMS and or e-mail marketing campaign targeted at Tic Tac Bets traffic follows the rules and regulations of POPIA. Failure to comply with POPIA will result in your suspension from the Affiliate Programme and all outstanding payments will be considered waived.
5.5.If we incur any cost in connection with spam or unapproved electronic marketing sent by you or anyone on your behalf, these costs will be deducted from any Referral Commission due to you under this Agreement. Should our costs not be covered by the Referral Commission due to you, we have the right to offset future Referral Commission or pursue other alternative means for obtaining payment from you.
6. Agency Appointment
6.1.When we approve your application to join the Affiliate Programme, we grant you the non-exclusive, non-transferable, right to direct Customers to the Tic Tac Bets Website in accordance with the terms and conditions of this Agreement. This Agreement does not grant you any exclusive right or privilege, and we intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You will have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.
7. Approved Layouts and Formats
7.1.You may only use our approved advertising creatives (banners, html mailers, editorial columns, images, logos and copy) and may not alter their appearance or refer to us in any promotional materials other than those that are available from https://affiliate.tictacbets.co.za/. It is important to note that the hyperlinks we provide you with are the only permitted representation of our sites. You are thus not permitted to create a direct link to promotional materials on any Tic Tac Bets Affiliates Website.
8. Default Referral Commission Structure
8.1.Referral Commission We will pay you a starting referral commission of 10% of the net profit we earn from your leads. The % can increase based on your performance of lead generation. For example,
8.1.1. Default commission is 10% with earnings from R0 - R10000.
8.1.2. To Get 25% commission, earnings should be R10001 – R50000.
8.1.3. To Get 35% commission, earnings should be R50001 or more.
For the purposes of this agreement, net profit is defined as: - on sports betting activity, all gross monies received by us in respect of all settled bets made by Customers after deducting:
Payments to third party software providers, the cost of any promotional offers (including any sign up bonuses), any jackpot contributions which Tic Tac Bets must pay in respect of any Customers, adjustments made for any credit card charge-backs or any other reversal of a payment, fraudulent or otherwise voided or modified transactions, bad debt and liability to any betting duty or licensing fees for data or other duty, tax or expense that may arise;
We reserve the right to review the commission percentage tiers and number of FTD’s on a monthly basis.
8.2.You may request to change your Commission Option via the Affiliate Programme Site no more than once every calendar month. Tic Tac Bets may accept or reject any such request in its complete discretion. If your request is accepted the new Commission Option will come into effect on the 1st of the following calendar month and will only apply to Customers introduced after that date.
8.3.Tic Tac Bets may withdraw a Commission Option at any time by giving notice to you. You will then be allocated another Commission Option via the Affiliate Programme Site which will apply to any Customers whose date of first registration is on or after your date of selection.
8.4.Other Commission Options may be introduced by Tic Tac Bets from time to time in relation to some or all of the Tic Tac Bets Sites either in addition to or in place of the above Net Revenue based payment. Any such payments will be detailed on the commission page of your Tic Tac Bets Affiliate account. Tic Tac Bets reserves the right to make changes to your commission page, including to the levels of commission due to you, and any such changes shall take effect immediately on them being changed in your commission page. Ex: Fraudulent players acquired in every calendar month, will be removed from affiliate's commission.
8.5.Tic Tac Bets has the right to reduce the revenue share of affiliates, or to terminate this Agreement and remove such affiliates, who do not deliver at least one new Customer in a given calendar month. We will notify you by email where such a reduction or termination will occur. Accounts that are inactive for a longer period (e.g. where you have failed to deliver at least six new Customers in the last six months) may also incur an administrative fee but no such administrative fee will be deducted from your account prior to our having made reasonable efforts to contact you via the contact details last provided by you to Tic Tac Bets. The administrative fee will be applied against the payments (including future payments) that would otherwise be payable to you. If you have any queries regarding inactive accounts, please contact us for further information.
9. Track Customers’ Play
9.1.We will track your customers’ bets and plays on any of the Tic Tac Bets Websites and make available to you a report summarising their activities, which you can access from the Affiliate Site. The report will not contain the identity or personal information of any of your customers, it will only track their activity for the purposes of calculating our commission payments to you.
9.2.You are responsible for ensuring that all referred customers are properly tagged with your Affiliate Banner Tag. You will not receive credit for new Customers who are not properly tagged or who we are unable to otherwise properly associate with your Affiliate Banner Tag.
9.3.You agree that our statistics and calculations in relation to the tracking of Customer activity and the calculation of your Referral Commission shall be final.
9.3.1. However, Tic Tac Bets shall also be entitled but not obliged to zero the negative balance that would otherwise be carried forward. If a revenue share does not exceed, R500, Tic Tac Bets shall be entitled to withhold and carry forward such sum until the end of the first calendar month in which the revenue share (including any sum carried forward) exceeds R500, at which time payment shall be made in accordance with Clause 5.15. For the avoidance of doubt, you will only receive a pay-out when there is a positive balance and it is greater than R500, in any given month.
9.3.2. You agree that Tic Tac Bets will raise self-billed invoices on your behalf for all supplies made by You under this Agreement until this Agreement terminates in accordance with Clause 12. You will not raise sales invoices in respect of the transactions covered by this Agreement.
9.3.3. Tic Tac Bets will issue the self-billed invoice on your behalf showing Your name, address and VAT registration number (if applicable) as notified to us by You, together with all the other details which constitute a VAT invoice.
9.3.4. You will notify Tic Tac Bets immediately if you:
- change your VAT status including if you become VAT registered or if your VAT registration number changes;
- cease to be VAT registered; or
- sell your business, or part of your business.
- change your bank details.
9.3.5. You agree to notify Tic Tac Bets within 14 days of issue of the invoice if there are any errors on the invoice. If no errors are notified to Tic Tac Bets within 14 days of issue of the invoice, you agree to accept the invoice issued by Tic Tac Bets on your behalf.
9.3.6. You agree that the VAT (if applicable) shown on the self-billed invoice issued by Tic Tac Bets on Your behalf for supplies made by You under this Agreement, is your output tax liability due by you to the relevant tax authority. For avoidance of any doubt, you acknowledge that You will remain responsible for any of Your VAT and/or tax registration, VAT bookkeeping, VAT, tax and statistical filing, payment and record keeping obligations as applicable.
9.3.7. Unless otherwise agreed in writing, at the end of a calendar month, the relevant revenue share payable by Tic Tac Bets to you shall be automatically raised and paid out within 60 days of the end of the relevant calendar month. Such revenue share shall be paid in South African Rand (ZAR), inclusive of VAT if applicable, at Tic Tac Bets’s discretion.
9.3.8. You shall indemnify on demand and hold harmless us from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, 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 Tic Tac Bets in consequence of any breach by you of this Clause or as a result of your VAT status being different from that notified to us.
9.3.9. Tic Tac Bets may engage the services of a third party (currently “Raventrack”) to provide both the affiliate platform and system maintenance. We have service levels in place and expect these to be upheld but ultimately, we do not have total control over these services and therefore cannot be held responsible for any failures arising from such third-party services. You shall cooperate with us, and to the extent necessary our third-party service providers, to give effect to the terms and spirit of this Agreement.
9.3.10. We shall make reasonable efforts to make any payments due to you in a timely fashion. However, we shall not be liable for occasional delays or delays outside of our control. For example, any changes in the contact or banking details provided by you may give rise to a delay of up to 60 days in making any payments due. Where you become aware of any overdue payments due to you, please contact us immediately and we will seek to resolve the matter as soon as possible. Please note, we accept the following payment methods: Electronic Funds Transfer (EFT).
9.3.11. We shall use reasonable endeavours to make payments due to you using the payment details provided to us. However, in certain circumstances we may be unable to make payments to you for reasons outside of our control (for example where the bank account details provided are inaccurate or incomplete). Where this occurs, we shall make reasonable efforts for a period of up to six (6) months to contact you via the contact details last provided by you to Tic Tac Bets to obtain alternative payment details. If we are still not in a position to make the payments after this period, we may close or suspend your account without further notice, and you shall be deemed to have forfeited any entitlement to payment.
9.3.12. If an error is made in the calculation of your share of the revenue share, Tic Tac Bets reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by Tic Tac Bets to you (including, without limitation, by way of reducing future payments which might otherwise be due to you from us from time to time).
9.3.13. It is the policy of Tic Tac Bets to actively prevent, to the extent within its control, money-laundering and any activities that facilitate money-laundering or funding of terrorist or criminal activities. Tic Tac Bets reserves the right to attempt to verify your identity through the information provided by you, by obtaining information from public sources or by such other means as it reasonably deems necessary.
9.3.14. You shall provide us with any supporting documents (e.g. any or all of the following for individuals: valid ID documents; valid passport copy; valid driving licence copy; a copy of a utility bill; a bank statement, or in the case of a corporation: a copy of the company’s certificate of incorporation; constitutional documentation; information regarding the identity of the beneficial owner of the company and the identity of the directors of the company) requested by us and you understand that payments may be delayed if supporting documents are not provided.
10. Data Protection
10.1. You must ensure compliance with all applicable laws and regulations relating to the processing of personal information performed by you, your personnel or third parties on your behalf, where such processing is performed as a result of your obligations under this Agreement. Such laws and regulations will include POPIA, even though it may not be in force at the time you are admitted to the Affiliate Programme. You are solely responsible for your website and any privacy notices displayed on your website. We recommend that you take steps to notify users of your website that: (i) your website contains links to affiliate or third-party websites, plug-ins and applications; (ii) clicking on those links or enabling those connections may allow third parties to process the user’s information; and (iii) the user is encouraged to read the privacy notice of such websites visited. You hereby indemnify and hold us, our directors, employees and representatives harmless from and against any and all claims, liabilities, losses, damages and costs (including, without limitation, legal fees) arising directly or indirectly out of, or in any way connected with, your failure to comply with this.
11. Consumer Protection
11.1. You acknowledge that your use of promotional and other advertising material may be used or provided for the benefit of consumers as defined in the Consumer Protection Act, 2008 (“CPA”). You agree to comply with all applicable obligations under the CPA to this extent. You hereby indemnify us against any losses arising from your failure to comply with this clause and your obligations under the CPA.
12. Compliance with laws
12.1. You must ensure compliance with all applicable laws including but not limited to the Prevention and Combating of Corrupt Activities Act, 2004 and any other relevant bribery and anti-corruption laws.
13. Relationship of Parties
13.1. Nothing in this Agreement shall create, or be deemed to create a partnership or the relationship of principal and agent or employer and employee between the parties. You shall be accountable to the Revenue Commissioners, Customs and Excise or such other relevant authorities for all taxation payable on or in respect of payments we make to you and shall indemnify Tic Tac Bets from and against any liability that may be imposed on us
14. Fraud, Safer Gambling, Protection of Minors, and the Prevention of Crime
14.1. Tic Tac Bets reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties as may be necessary in this regard. Fraudulent acts include acts by you which are made in bad faith and/or acts which are intended to defraud Tic Tac Bets
14.2. Tic Tac Bets aims to make betting a fun and entertaining experience, whilst at the same time taking our responsibilities very seriously. To this end, we strive to:
14.2.1. ensure that gambling is conducted in a verifiably fair and open fashion in order to protect customers.
14.2.2. ensure that, to the greatest extent possible, children and other vulnerable persons are protected;
14.2.3. prevent gambling being or becoming a source of crime or disorder.
14.3. You undertake not to knowingly or negligently, through any act or omission, conflict in any way, or cause Tic Tac Bets to be in conflict in any way, with any of the objectives.
14.4. Tic Tac Bets reserves the right to immediately suspend or terminate any account it believes such account to be involved in fraud, money-laundering and/or any other form of illegal or suspicious activities, to withhold any amounts due on the account, and to report such details as it reasonably considers are necessary to relevant authorities.
14.5. We reserve the right to pass on any Fraud Costs to your account. These Fraud Costs shall be deducted from any payment owed to you. In the event the Fraud Costs exceed the amount of payments owed to you, we reserve the right to collect such sums from you directly.
15. Licence to use the Marks.
15.1. We hereby grant to you a non-exclusive, non-transferable, revocable licence, solely during the term of this Agreement, to use such Tic Tac Bets intellectual property, including without limitation any logo, trade mark, trade name, design or other similar identifying material owned by or licensed to Tic Tac Bets (the "Marks") as we make available to you via our online media gallery and via electronic newsletters solely in connection with the display of the Links on your Site or in connection with email promotions including the Marks which we approve in advance.
15.2. This licence cannot be sub-licensed, assigned or otherwise transferred by you without Tic Tac Bets's prior written approval. Your right to use the Marks is limited to and arises only out of this licence to use the Links.
15.3. This licence will be terminated automatically upon the termination of this Agreement for any reason.
15.4. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks 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 Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill (which shall vest exclusively in Tic Tac Bets).
15.5. You shall not register or attempt to register or be complicit in any third party registering or attempting to register, any trademark, trade name, logo, or similar identifying material that contain the Marks or are confusingly similar to or are comprised of any of the Marks or any other of our intellectual property rights.
15.6. You undertake not to register or attempt to register or be complicit in or cooperate with any third party registering or attempting to register, any domain name which is similar to any Tic Tac Bets Sites or intellectual property rights including (for the avoidance of doubt) any misspellings, other variations of the domain names or other likenesses. Where you breach this Clause, you will immediately cease use of any such domain and transfer such domain to us or a third party elected by us.
15.7. You undertake to provide all reasonable cooperation with us in protecting the Marks against third party infringement or any other attack.
16. Additional Warranties
16.1. Each party to this Agreement represents and warrants to the other that it has, and will retain throughout the Term all right, title and authority to enter into this Agreement, to grant to the other party the rights and licences granted in this Agreement and to perform all of its obligations under this Agreement.
16.2. You are solely responsible for the operation and content of your Site and you represent, warrant and undertake that your Site shall contain no material which is defamatory, sexually explicit, unlawful, harmful, threatening, obscene, harassing, or racially, ethnically, or otherwise objectionable or discriminatory, violent, politically sensitive or otherwise controversial or in breach of our rights or any third party rights and shall not link to any such material. We shall not be liable for any claims by third parties relating to your Site or any of the products or services associated therewith and you will fully indemnify us in respect of any losses you suffer (directly or indirectly) in connection with any such claims.
16.3. You warrant and represent that you are of legal age for gambling as determined by relevant legislation in your jurisdiction. Affiliates who are under 18 years of age are not permitted to participate in the affiliate programme.
16.4. You warrant and represent that you will not, directly or indirectly: (a) do any act or omission that disparages Tic Tac Bets, or is damaging to the interests, reputation or goodwill of the aforementioned parties and sites; or (b) do any activity that in our reasonable opinion would be deemed unsuitable, inappropriate or fraudulent.
17. Disclaimer
17.1. The Tic Tac Bets Sites and the Links are provided "as is" without any express or implied warranty of any kind, and all warranties including warranties of merchantability, non-infringement of intellectual property rights, fitness for any particular purpose, and of completeness or accuracy of content are hereby excluded to the fullest extent permitted by law. Neither Tic Tac Bets nor any of its licensors gives any warranty that the supply of material and content on, or links to or from, the Tic Tac Bets Sites and/or the Links will be uninterrupted, timely, secure or error free or that they are free of viruses or bugs.
18. Indemnity and Liability
18.1. You shall indemnify Tic Tac Bets on demand and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, 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 Tic Tac in consequence of any breach, non-performance or non-observance by you of any of your obligations or warranties under this Agreement.
18.2. Nothing in this Agreement limits or excludes either party's liability for death or personal injury or for breach of any of the indemnities under this Agreement, for which liability shall not be limited.
18.3. We shall not be liable to you in contract, tort, or otherwise (including liability for negligence) for loss whether direct or indirect of business, revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.
18.4. We shall not be liable for any loss or damage that you may suffer because of any act of God; power failure; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services or networks; or any other act, omission, delay or failure caused by a third party or otherwise outside of our control.
18.5. The liability of Tic Tac Bets shall not, in any event, exceed the sum of the total monies paid by Tic Tac Bets to you over the 12-month period preceding the date on which any liability accrued.
18.6. In no event shall we be responsible for any claim or dispute between you and any user of your Site.
19. Termination
19.1. This Agreement shall commence (or commenced, in the case of existing affiliates) on the date that Tic Tac Bets notifies (or notified, in the case of existing affiliates) you that your application to join the Tic Tac Bets affiliates programme has been successful and shall continue until terminated in accordance with this clause.
19.2. Either party may terminate this Agreement forthwith on written notice if a receiver, examiner or administrator is appointed of the whole or any part of the other party's assets or the other party is struck off the Register of Companies in the jurisdiction where it was incorporated or an order is made or a resolution passed for winding up of the other party (unless such order or resolution is part of a voluntary scheme for the reconstruction or amalgamation of that party as a solvent corporation and the resulting corporation, if a different legal person, undertakes to be bound by this Agreement), if you are subject to bankruptcy proceedings, or if you are subject to any similar process or procedure to those described in this Clause in any part of the world.
19.3. Tic Tac Bets may immediately suspend or terminate this Agreement upon notice to you: (a) where you materially breach any term of this Agreement and fail to remedy the breach (if remediable) within the time period specified by Tic Tac Bets to remedy same; (b) in accordance with its rights set out or (c) where you are in breach of any warranty within this Agreement. Tic Tac Bets reserves the right to withhold any amounts due to you in such circumstances (whether or not such amounts are generated by the breach)
19.4. Tic Tac Bets may suspend or terminate this Agreement at its discretion immediately upon notice if it considers that you are for any reason unsuitable to be an affiliate. Tic Tac Bets shall not be required to disclose its reasoning in connection with any such suspension or termination. Where Tic Tac Bets discloses its reasons for such suspension or termination, it may withhold and/or terminate any payments that otherwise may have been due to you.
19.5. Either party may terminate this Agreement on delivery of seven (7) days' prior written notice to the other party.
19.6. Termination of this Agreement shall not prejudice any rights of any party which may have arisen on or before the date of termination.
19.7. Upon termination of this Agreement for any reason, you shall remove all of the Links and any other Marks or content owned, developed, licensed or created by Tic Tac Bets and/or provided to you by Tic Tac Bets in connection with this Agreement from your Site and all rights and licences granted to you in this Agreement shall immediately terminate.
19.8. We shall be entitled to deduct from any payments due and payable to you, any such debts and liabilities due to Tic Tac Bets, if any.
19.9. For the avoidance of doubt, you shall not be entitled to any revenue share in respect of revenues generated by Customers following the termination of this Agreement.
20. General
20.1. This Agreement (including your application form) contains the entire agreement between the parties with respect to its subject matter and supersedes all previous agreements and understandings between the parties with respect to its subject matter.
20.2. You shall not assign or sub-contract any of your rights and/or obligations under this Agreement without Tic Tac Bets's prior written consent.
20.3. No delay, neglect, or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement.
20.4. If any provision of this Agreement is held to be void or unenforceable in whole or part, the impugned provision (or part thereof) shall be deemed to be deleted from this Agreement and the remaining provisions (including the remainder of the affected provision) shall continue to be valid and applicable.
20.5. Any notice given or made under this Agreement to Tic Tac Bets shall be by email to support@tictacbets.co.za. Tic Tac Bets shall send you any notices given or made under this Agreement to the email address supplied on your application form or such other email address as notified by you to Tic Tac Bets.
20.6. During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of Tic Tac Bets and/or the Tic Tac Bets affiliate programme. You agree to avoid disclosure or unauthorised use of the confidential information to third persons or outside parties unless you have Tic Tac Bets's prior written consent. You shall use such confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with regard to confidential information shall survive termination of this Agreement and you shall fully indemnify us for any losses we suffer (directly or indirectly) in connection with your breach of this Clause.
20.7. This Agreement shall be governed by and construed in accordance with the laws of South Africa and each party submits to the exclusive jurisdiction of the courts of South Africa for the resolution of disputes hereunder.
Palsar Capital Limited, henceforth referred to as “We” “Our” “Us” provides an affiliate programme to promote our clients on whose behalf We administer and manage the affiliate program. In this policy “affiliate” “you” and “your” refers to the individual entity that has agreed to promote the brands we provide marketing services for, in accordance with this Privacy Policy.
This Privacy Policy is designed to help you understand how we collect, use and safeguard your information.
This privacy policy should be read in conjunction with the Affiliate Programmes Terms and Conditions. By entering into any kind of contract with Palsar Capital Limited, you agree to the contents of this privacy policy. If you do not agree with any section of this privacy policy, you should not attempt to use our service.
The Data Controller is Palsar Capital Limited t/a Raven of Glassworks, 1 Back Turner Street, Manchester, M4 1FR
All queries in regards to this privacy policy should be addressed to the Data Protection Officer at the above address, who can also be contacted directly at compliance@raventrack.com
We collect and process the following data from (and about) you:
We implement effective processes to identify, manage, monitor and report risks and internal control mechanisms. These controls include secure systems and networks, and clear processes for privilege access rights. All data is stored securely.
Our lawful basis for processing personal data include:
We may disclose your personal data to:
All processing of information will be governed by the appropriate data protection laws.
We will not send promotional or direct marketing, inclusive of email, SMS, or automated calls, without first obtaining your specific consent.
The consent requires a positive Opt-In either in electronic format, verbally or in writing. The consent will be clear and specific, granular, separate from other Terms and Conditions, name any third parties relying on the consent, and be easily withdrawable.
We will not transfer Personal Data to recipients in Third Party countries that are outside of the EEA, or are not currently recognised by EU law as having an adequate level of legal protection for the rights and freedoms of data subjects unless:
You may request that your Personal Data be anonymised in the following circumstances:
We will only retain data for the necessary time to complete the task that the data was collected for, or to meet our legal obligations.
You are entitled to a file a Subject Access Request (SAR) to obtain a copy of the personal information which we hold about you. If you wish to receive a copy of this information, please contact your account manager, or the DPO directly, and allow up to thirty calendar days for the information to be collated and provided to you. Please note that your identity will need to be confirmed in order to complete a SAR, which may include the disclosure of other personally identifiable documentation in order to prove your identity (such as a passport scan, or valid proof of address) before commencing with the process.
By using the Raven website, you consent to our use of ‘cookies’. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. We use cookies and the information gained from them to analyse site usage, with this information used accordingly to improve our content and site layout and to remember your onsite preferences.
If you prefer, you can disable cookies in your web browser. The ‘help’ menu on the menu bar of most browsers will have a functionality to disable cookies.
Palsar Capital Limited do not use any automated systems in order to make decisions regarding your account which have any legal effect on You.
Please let us know if you are unhappy with how we have used your personal information in writing to the Data Protection Officer, who will be able to assist further with your complaint or concern. You also have the right to complain to the Information Commissioner’s Office.
This Privacy Policy is kept under continued review by Palsar Capital Limited and can be amended by Us at any time, and without notice to you. Whenever a change is made to the privacy policy which will affect your rights as a data subject, or change the intended processing purposes, then you will be notified directly and asked to agree to the new privacy policy. If you disagree with the changes made to the privacy policy, you retain the right to withdraw consent for future processing, as stated in the introduction to this policy.
This version of the Privacy Policy is effective as of September 20th 2018.