Welcome to the BongoBongo Partners Africa Affiliate Programme (the "Programme").

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These Terms are a binding contract between you and BongoBongo local licence holders listed below, which govern your participation in the Programme. By participating in the Programme, you agree to be bound by the most current version of these Terms, which we may amend from time to time. 

 

The most current version of these Terms will be posted on the Programme website here: https://www.bongobongoaffiliates.com/terms

 

It is your responsibility to ensure that you are familiar with the most current version of these Terms, and your continued participation in the Programme after we post an updated version of these Terms shall constitute your express agreement to be bound by the updated Terms.

In the event you do not agree with the updated Terms, your only recourse shall be to terminate your participation in the Programme.

The Bongobongo Partners Africa Affiliate Programme (the "Programme") represents and promotes the following brands:

 

Bongobongo Kenya (licence holder: Kensen Limited, located at Kaka house 3rd floor, Westlands, Maua Close Nairobi Kenya

Bongobongo Uganda (licence holder: Quick Ventures Limited, located atNakawa Business Park - Block B, 6th floor, Kampala)

Bongobongo Zambia (licence holder: Skival Limited, Located at 3rd Floor, Suite 310 Foxdale Court, Kenneth Kaunda Building, Roma)

 

 ("Bongobongo Partners Africa" also referred to in these Terms as "we" or "us").

 

These Terms are a binding contract between you and Bongobongo Partners Africa which govern your participation in the Programme.

 

If you have any questions or concerns about these Terms or the Programme, please send an email to: support@bongobongoaffiliates.com.

 

In these Terms, the following words and expressions shall have the following meanings:

 

Affiliate: A natural or juristic person who has registered and is accepted by us as a member of the Programme. Where the context requires, these Terms occasionally refer to the Affiliate as “you.”

 

Affiliate Banner Tag/Account: A tracking mechanism provided to the Affiliate by Bongobongo Partners Africa for the purposes of tracking customer referral activities.

 

Affiliate Site(s): A website (including any WAP, mobile or tablet version of the website) which is owned or operated by an Affiliate and used for the purposes of generating online traffic and referrals to Bongobongo Partners Africa in accordance with these Terms.

 

Applicable Taxes: Any taxation, levy or similar mandatory payment (including gaming taxes and value added taxes) levied or charged on revenue, turnover, deposit, or similarly driven by customer activity or activity volume.

 

Approved Marketing Activities: Any lawful marketing activity conducted in compliance with these Terms which has been approved in writing by an authorised Bongobongo Partners Africa representative.

 

Bongobongo Marks: Any trademark owned by Bongobongo Partners Africa or its affiliated companies and licensors, including but not limited to: Bongobongo and Bongobongo Casino, Bongobongo Sports.

 

Bongobongo Site(s): [www.bongobongo[.ke/.ug/.co.zm] or such other websites as Bongobongo Partners Africa shall notify you from time to time.

 

Bonuses: means bonuses or any promotional amounts given to any customer.

 

Chargeback: Where a customer, a credit card issuing bank, or any other third-party payment solution provider effects a reversal of charges in relation to a credit card or purchase transaction.

 

Confidential Information: Any information of whatever nature which has been, or maybe, provided by Bongobongo Partners Africa in connection with the Programme, whether oral, in writing, or in electronic form, including, without limitation, business or financial data, know-how, processes, reports, customer lists, price lists, Commission payment reports, and any other materials containing, reflecting, or generated from any such information.

 

Commissionable Revenue: Gross Win, less Bonuses awarded, less Non-Cash Incentives, less Fraudulent Activity, less Deductible Costs and Applicable Taxes.

 

Deductible Costs: Any third-party costs incurred by Bongobongo Partners Africa in connection with the operation of the Bongobongo Sites which are attributable to the activity of any New Customer(s), including, but not limited to, any payment processing charges, licence fees, royalties, and other applicable third party payments including (but not limited to) payments made by Bongobongo Partners Africa to third parties in respect of the costs of software and brands in respect of the Bongobongo Site.

 

Earnings: The earnings earned in connection with the affiliate marketing activities performed in accordance with these Terms.

 

Fraudulent Activity: A deceptive act or omission which is, in the sole discretion of Bongobongo Partners Africa, performed in order to secure a real or potential, unfair or unlawful advantage; or any conduct that Bongobongo Partners Africa, in its sole discretion, determines to be fraudulent, deceptive or dishonest, which shall include, but shall not be limited to, fraudulent credit card transactions, Chargebacks, Match Betting, false or automated account creation and any collusion or cheating by an Affiliate or a customer.

 

Fraud Costs: Any costs, damages or loss arising as a direct or indirect result of Fraudulent Activity.

 

Gross Win: Total revenue generated from settled bets placed by referred New Customers, less pay-outs.

 

Incentivized Traffic: Traffic or customer activity generated as a by-product of promising some form of compensation or incentive for taking an action on, or in relation to, any Bongobongo Site, including but not limited to registering a new account, depositing or wagering.

 

Insertion Order: The insertion order is attached to these terms, if applicable.

 

Intellectual Property: Trademarks, service marks, domain names, trade names, logos, designations, copyrights, trade secrets, patents, designs, algorithms and any other proprietary rights owned by or licensed to Bongobongo.

 

Local Currency: The local currency of the applicable Marketing Territory.

 

Marketing Material: Banners, URLs, text, graphics and/or other promotional materials made available for marketing purposes through the Programme System.

 

Marketing Territory: The "Marketing Territory" indicated by an Affiliate at the point of registration or as indicated next to the word "Territory" in any attached Insertion Order, as the case may be.

 

Match Betting/Arbitrage Betting: Any method of betting or wagering which is intended to give players a guaranteed win with no risk, including but not limited to the use of free bets.

 

New Registration: A natural person who is at least 18 years old and ordinarily resident in the Territory that the Affiliate directs to a Bongobongo Site and who can be linked to the Affiliate’s Affiliate Banner Tag, who is eligible to open an account on a Bongobongo Site and: (a) who successfully opens a new account on a Bongobongo Site in accordance with the Site’s applicable terms and conditions; and (b) who has not had a previous account on any Bongobongo Site.

 

Non-Cash Incentives: Value of free credits or cash handed out to customers or any other direct costs incurred to maintain the loyalty of a customer (e.g. the cost of a gift to a customer).

 

Programme System: The website and back office used by Bongobongo Partners Africa to manage the Programme, currently located at www.bongobongoaffiliates.com

 

Prohibited Site: Any website, forum, social media platform or other communications medium, regardless of type, upon which the advertisement of gambling-related activity is unlawful or otherwise prohibited.

 

Qualified Player:  Any player who has registered an account, made a purchase and placed a settled wager at Bongobongo.  (In the event of CPA, a player might be required to meet a purchase baseline as agreed to by Bongobongo Partners Africa.

 

Spam: Unsolicited e-mail, SMS or other communication sent indiscriminately to one or more mailing lists, individuals, forums or newsgroups.

 

Unsuitable Site: Any website, forum, social media platform or other communications medium, regardless of type, which is: aimed at children; intended to appeal to minors; promotes or glorifies violence; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promotes illegal activity; violates or enables the violation of intellectual property rights; violates the rights of privacy of others; is obscene or contains explicit sexual content; contains or promotes any unlawful behaviour or content; contains or provides links to malicious or harmful software, keyloggers, trojans, viruses or malware; or which BongoBongo Partners Africa believes, in its sole discretion, may bring BongoBongo Partners Africa or its affiliated companies and brands into disrepute, or which may prejudice the interests of BongoBongo Partners Africa or its affiliated companies and brands.

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1. Joining the Programme

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1.1 You represent and warrant that:

 

a) the information provided in your Affiliate application is correct and up-to-date and you will update it as required on an ongoing basis in order to ensure that it remains correct;

 

b) you have not already registered as an Affiliate in relation to a specific Marketing Territory (only one Affiliate account is permitted per person for each Marketing Territory);

 

c) you are at least 18 years of age (25 years of age if you reside in Uganda), legally capable of entering into a binding contract, and you are not aware of any legal, commercial, contractual or other restriction against your participation in the Programme in accordance with these Terms; and 

 

d) in the event that you are registering on behalf of a company, that you have the full right, power and authority to enter into these Terms on behalf of the company.

 

e) your participation in the Programme will in no way be construed to be targeting individuals under 18 years of age (25 years of age if you reside in Uganda)

 

1.2 You undertake, that if there should, at any time during your participation in the Programme, occur any event which may cause any of the above warranties to become false, or which may prevent you from wholly fulfilling your obligations in accordance with these Terms, you shall promptly notify your BongoBongo Partners Africa account manager, and BongoBongo Partners Africa shall be entitled to terminate your participation in the Program immediately, without the requirement to make any further payments to you.

 

2. Your Use of BongoBongo Marketing Materials

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2.1 In the event that you are accepted as an Affiliate into the Programme, BongoBongo Partners Africa shall, during the course of your participation in the Programme and subject to your compliance with these Terms, grant you a non-exclusive, non-transferable, revocable, limited right and licence to distribute the Marketing Material on your Affiliate Site for the sole purpose of referring New Customers to BongoBongo Sites in return for Earnings. You may not use or distribute the Marketing Materials for any other purpose unless you have received our express written approval to conduct Approved Marketing Activities, which we may approve or reject in our sole discretion.

 

2.2 All Marketing Material shall be made available to you through the Bongobongo Partners Africa Programme System and may be updated by us from time to time. You undertake and agree that you shall only use the current versions of the Marketing Material and shall promptly discontinue the use of any Marketing Material which is out of date or no longer available on the Programme System. It is your responsibility to check the Programme System for updated Marketing Material on a regular basis.

 

2.3 You undertake and agree that you will not modify any of the Marketing Material which is made available to you and that you will not, without our specific written approval, market or promote Bongobongo Partners Africa using any promotional materials not provided or approved in writing by Bongobongo Partners Africa.

 

2.4 In the event Bongobongo Partners Africa designates any Marketing Materials as subject to particular restrictions (for example, campaign start/end dates, demographic limitations, etc.), you undertake and agree that you shall only use the Marketing Materials in accordance with such designated restrictions.

 

2.5 Your marketing activities shall strictly comply with the marketing policies of BongoBongo Partners Africa that may be notified to you from time to time, which sets out additional standards, restrictions and guidelines applicable to marketing activities in connection with the Programme.

 

3. Customer Tracking and Reports

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3.1 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.

 

3.2 We shall track all New Customer activity relevant to the calculation of your Earnings. You agree that our statistics and calculations in relation to the tracking of New Customer activity and the calculation of your Earnings shall be final.

 

3.3 We will provide you with online access to reports of New Customer activity through manual reports or through the Programme Portal. The form, content and frequency of our reporting may vary from time to time, at our sole discretion.

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4. Your Obligations

 

4.1 As a condition of your participation in the Affiliate Programme, you undertake, warrant and agree that all use of the Marketing Materials and all activities undertaken in connection with the Affiliate Programme shall be lawful and in strict accordance with these Terms and any Special Terms (as defined below) set out in the Programme System.

 

4.2 As a condition of your participation in the Affiliate Programme, you further undertake, warrant and agree that you shall not conduct any activities in connection with any Unsuitable Site or any Prohibited Site.

 

4.3 You agree to use your best efforts to market and promote the Bongobongo Site in a manner consistent with good business ethics and in good faith towards Bongobongo.

 

4.4 You acknowledge that your promotion of the Bongobongo Site has the potential to inflict substantial damage to Bongobongo Partners Africa and Bongobongo Partners Africa’s reputation and goodwill, and that you shall at all times act in a manner that will not harm the reputation and goodwill of Bongobongo Partners Africa.

 

4.5 You shall not: (a) undertake any action which may have a detrimental impact on the ability of Bongobongo Partners Africa to be qualified for or to hold or maintain any licence, permit or approval granted, or to be granted, by any competent authority, or (b) undertake any action which could reasonably be construed as bringing Bongobongo Partners Africa into Material Disrepute, where “Material Disrepute” means any condition which could reasonably and objectively be seen to create a material negative perception of the integrity of Bongobongo Africa or the Programme.

 

4.6 We prohibit any Affiliate activity in connection with any content or material which contains: (a) the intellectual property of others for which the Affiliate is not properly licensed to use; (b) information that is unlawful, harmful, threatening, obscene, discriminatory, scandalous, fraudulent or offensive; (c) any information that may subject Bongobongo Partners Africa to any cause of action, in law, equity or otherwise; or (d) any information which Bongobongo Partners Africa, in its sole discretion, determines to be objectionable, harmful, in bad taste, or potentially damaging to the interests and goodwill of Bongobongo or the Programme.

 

4.7 Your activities must not involve any marketing or promotional activity which may have the potential to deceive, confuse or mislead users, or which may infringe on any third party rights, including the rights of privacy, publicity, or Intellectual Property rights. You shall ensure that the Marketing Materials are displayed only in connection with web sites and materials which are lawful, proper, professional and tasteful.

 

4.8 Your Affiliate Site(s) must not copy the look and feel of the Bongobongo Sites or have the potential to cause the impression that any sites or landing pages used by you are owned, operated or affiliated with Bongobongo Partners or any of its associated brands. You are not entitled to present any Bongobongo Marks, logos, graphics or other Bongobongo Partners Africa materials on your Affiliate Site or marketing materials other than the Marketing Materials provided to you by Bongobongo Partners Africa through the Programme.

 

4.9 Bongobongo Partners Africa reserves the right to demand the immediate takedown or modification of any materials that you distribute, or to demand the cessation of any or all marketing activity in connection with the Programme or Bongobongo, at any time and in Bongobongo Partners Africa’s sole discretion. You agree that we are entitled to review your affiliate marketing activities from time to time and that we may approve/reject marketing methods and Affiliate Sites used by you in our sole discretion. You undertake and agree to provide prompt assistance and full cooperation in connection with any requests made by Bongobongo Partners Africa in this regard.

 

4.10 If requested by Bongobongo Partners Africa, you undertake and agree to provide Bongobongo Partners Africa with all such information and documentation as we may reasonably require to verify your compliance with these Terms, or which we may require for our regulatory or legal purposes.

 

4.11 You agree that you shall neither offer nor provide incentives (financial or otherwise) to any potential New Customer without the prior written approval of Bongobongo Partners Africa, excluding the standard promotional programs which Bongobongo Partners Africa may make available to you from time to time through the Programme.

 

4.12 You will not knowingly benefit from known or suspected activity not performed in good faith (or alternatively, performed in bad faith), whether or not such activity actually causes damage to Bongobongo Partners Africa.

 

4.13 You may not be a party (whether directly or indirectly) to any illegal activity (including, but not limited to, the promotion or advertising of illegal gambling companies or websites) or Fraudulent Activity in connection with your participation in the Programme.

 

4.14 You undertake and agree to maintain complete records, during and for a period of two years after the termination or expiration of your participation in the Programme, regarding your activity in the Programme and any marketing or promotional activity undertaken in furtherance thereof.

 

4.15 You acknowledge and agree that in performing your obligations under these Terms, you are strictly prohibited from marketing and promoting the Bongobongo Sites to residents of the Prohibited Territories and you shall exercise all possible technical and operational measures to prevent marketing to residents of the Prohibited Territories.

 

4.16 You acknowledge and agree that any breach of the aforementioned obligations shall be deemed a material breach of these Terms resulting in your immediate termination from the Programme.

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4.17 You agree to actively promote the Bongobongo brand on a monthly basis. Bongobongo Partners Africa has the right to cancel any inactive affiliate accounts if less than 10 monthly players have signed up over the course of 60 days. This will results in the loss of your account unless previously agreed in writing.

 

5. No Spam, No Marketing to Self-Excluded Customers

 

5.1 You will not send any marketing SMS, email or other communications relating to BongoBongo Partners Africa or the Programme without our prior written consent. In order for Bongobongo Partners Africa to properly consider whether its consent shall be granted, you shall provide us with:

 

a) Written confirmation that all proposed email, SMS or other communications comprising the proposed campaign shall include an option to opt-out of receiving further such communications; and

 

b) Written confirmation that the proposed recipients of the campaign have respectively provided the necessary consents to receive communications of the type proposed (“opt in”) and have not since opted out.

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