TERMS AND CONDITIONS OF AFFILIATE PROGRAMME
following is an agreement between Hollywood Sportsbook Gauteng Proprietary
Limited (registration number 2008/012291/07) (“Hollywoodbets”, “us”, “our” or “we”)
of 6 Tetford Circle, La Lucia, Durban, KwaZulu-Natal, and you (“you”), which
contains the terms and conditions (“Agreement”) that apply to all participants in
the Hollywoodbets affiliate programme (“Affiliate Programme”).
Admission to the Affiliate
Programme is entirely within our discretion.
It is important to us to protect our brand and as such we will carefully
select entities with whom we wish to be associated. Accordingly, you agree that you will not
engage in any conduct which may reflect badly on us or bring us into
disrepute. Continued participation in
the Affiliate Programme is therefore dependent on your strict compliance with
all terms in this Agreement.
1. Our General Rights and Obligations
Register your Customers
means visitors to your website who join our customer database (by way of
registering after arriving at the applicable Hollywoodbets Website via
hypertext transfer links, which we will provide to you from time to time via https://partners.hollywoodbets.net/login.asp (“Affiliate Site”).
will register your Customers and track their transactions on websites (“Hollywoodbets
Websites”) which are owned, operated or branded by Hollywoodbets or any member
of the Hollywoodbets group of companies (“Hollywoodbets Group”). We reserve the
right to refuse your Customers (or to close their accounts) if necessary to
comply with any requirements we may periodically establish in respect of the
use of the Hollywoodbets Websites.
opening an account with us, Customers will become our customers and,
accordingly, all of our rules, policies, and operating procedures will apply to
them. In addition, all information relating to the Customers from the date of
registration onwards is the sole and exclusive property of Hollywoodbets and
will remain so even on termination of this Agreement. You acknowledge that you
have no proprietary rights with respect to this Customer information, other
than for the purposes of participating in the Affiliate Programme based on the
terms and conditions of this Agreement.
Track Customers' Play
will track your Customers' bets and plays on any of the Hollywoodbets 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.
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.
agree that our statistics and calculations in relation to the tracking of
Customer activity and the calculation of your Referral Commission shall be
Payment of a Referral Commission
to clause 3 and clause 5, we will pay you a referral commission (“Referral
Commission”) calculated in terms of the applicable Referral Commission
Structure set out in more detail in clause 3 based on the Net Profit (defined
in clause 3.1) we earn each month from Customers directed from your website
after they open an account with us and wager for money on any of the
become a member of the Affiliate Programme you will need to accept the terms
and conditions of this Agreement by ticking the box indicating your acceptance
and completing and submitting an online application form on the Affiliate Site.
The application form will form an integral part of this Agreement. We will in
our sole discretion determine whether to accept your application and our
decision is final and not subject to any right of appeal. We will notify you by
email as to whether your application has been successful.
may in our sole discretion modify any of the terms and conditions contained in
this Agreement or replace it at any time by posting a change notice or a new
agreement on the Affiliate Site. Modifications may include, for example,
changes in the calculation of the Referral Commission or Affiliate Programme
rules. If any modification is unacceptable to you, your only recourse is to
terminate this Agreement. Your continued participation in the Affiliate
Programme following our posting of a change notice or new agreement on the
Affiliate Site will constitute binding acceptance of the modification or of the
Data Protection by Hollywoodbets
will comply with all applicable laws and regulations relating to the processing
of personal information to the extent that such processing relates to our
performance of our obligations under this Agreement. The phrases “processing” and “personal information”
used in this agreement have the meanings ascribed under section 1 of the
Protection of Personal Information Act, 2013 (“POPIA”). For further information
on our privacy practices, please see our privacy notice which is accessible at
this link: https://partners.hollywoodbets.net/terms_and_conditions.asp.
information that we make available to you via the Affiliate Site, reports
issued, and via any other forum contains aggregated information only. This
means that aggregated information has been derived from your Customers’
personal information but is not considered personal information in law as this
information will not directly or indirectly reveal their identity.
2. Your General Rights and Obligations
Linking to the Hollywoodbets Websites
By agreeing to participate in the Affiliate Programme, you are agreeing
to create and maintain unique hypertext transfer links from your website to the
Hollywoodbets Websites in order to refer Customers to these websites. In
return, you will earn commission on profits earned from these Customers by
Hollywoodbets. You may only link to the Hollywoodbets Websites by using
approved promotional material (for example, banners, html mailers, editorial
columns, images and logos), which we will provide to you from time to time via
the Affiliate Site (“Approved Promotional Material”).
In the event that new product offerings are added to the Hollywoodbets
Websites, we reserve the right to determine whether these products should form
part of this Agreement and be included in the calculation of Referral
Commission. In addition, we reserve the right to exclude any betting products
or contingencies from the calculation of Referral Commission at any stage
during the term of this Agreement.
Spamming and electronic marketing
will terminate this Agreement immediately without recourse for you if you
engage in any form of spamming.
addition, you will not send any marketing SMS, email or other communications
relating to Hollywoodbets or this Affiliate Programme without our prior written
consent. In order for us to properly consider whether our consent shall be
granted, you shall provide us the information we deem necessary to assess the
to the above, you will ensure that any approved SMS and
or e-mail marketing campaign targeted at Hollywoodbets 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.
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.
reserve the right to refuse any potential new Customer, to lock or close a
Customer's account, or to take other action which we may deem necessary in
order to preserve the integrity or safety of the Hollywoodbets Websites. In the
event that we refuse, suspend or close any Customer's account for any reason,
then you will not be entitled to Referral Commission in respect of the affected
Customer's account as of the date of suspension or closure but, for the
avoidance of doubt, any Referral Commission earned prior to such date will be
paid to you in accordance with this Agreement.
agreeing to participate in the Affiliate Programme, you are undertaking that
you will not partake in incentivising a Customer to register on the
Hollywoodbets Website by agreeing to pay them a portion of the Referral
Commission as a reward for signing up and meeting the qualifying criteria. In
the event that you earn Referral Commission on any such incentivised traffic,
then you will not be entitled to Referral Commission in respect of the affected
agreeing to participate in the Affiliate Programme, you are undertaking that
you will not actively target potential customers in any jurisdiction other than
South Africa. The targeting of potential customers includes any correspondence,
use of banners, advertising and direct marketing to any traffic or customers
where the domains or URLs emanate from a jurisdiction other than South Africa.
We reserve the right to review
all activity in connection with your participation in the Affiliate Programme
for possible fraudulent activity or any activity which we believe in our sole
discretion to be in bad faith or violation of this Agreement.
Registering of Domain Names and Company Names
agree to not register (or apply to register) any domain or company name similar
to any domain or company name used by or registered in the name of any member
of the Hollywoodbets Group, or any other name that could be understood to
designate the Hollywoodbets Group.
agree not to 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, which are identical or similar to any of the
Hollywoodbets Group’s trade marks or other intellectual property or otherwise
include the word “Hollywoodbets” or variations or any portions thereof, or
include metatag keywords on your website which are identical or similar to any
of the Hollywood Group’s trade marks or other intellectual property.
we approve your application to join the Affiliate Programme, we grant you the
non-exclusive, non-transferable, right to direct Customers to any of the
Hollywoodbets Websites 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.
may only use Approved Promotional Material and may not alter any Approved
Promotional Material in any manner nor refer to us in any other promotional
materials. The appearance and syntax of the hypertext transfer links are
designed and designated by us and constitute the only authorised and permitted
representation of the Hollywoodbets Websites. In particular you may not create your own direct link to the
Responsibility for Your Website
will be solely responsible for the development, operation, and maintenance of
your website and for all materials that appear on your website. For example,
you will be solely responsible for ensuring that materials posted on your
website are not defamatory or otherwise illegal. We have no liability for any content on your
website or materials displayed on the website. Further, 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, the development, operation, maintenance, and contents
of your website.
Affiliate Programme is intended for your direct participation. You are not allowed to open affiliate
accounts on behalf of other participants. Opening an affiliate account for a
third party, brokering an affiliate account or the transfer of an affiliate
account is not allowed. Affiliates wishing to transfer an account to another
beneficial account owner must request permission to do so by contacting us. We carefully consider each Affiliate to
determine whether we wish to engage with them.
Admission to the Affiliate
Programme is solely at our discretion.
than as provided for in this Agreement, you may not make any affiliation
between your website and any of the Hollywoodbets Websites.
Licence to use Marks
hereby grant to you a revocable, non-exclusive, non-transferable licence,
during the term of this Agreement, to use our trade name, trade marks, service
marks, logos and any other designations, which we may from time to time approve
(“Marks”) solely in connection with the display of the Approved Promotional
Material on your website. This licence cannot be sub-licensed, assigned or
otherwise transferred by you. Your right to use the Marks is limited to and
arises only out of this Agreement. Except for the rights expressly granted
under this Agreement, no right, title or interest of any nature whatsoever is
granted to you in respect of the Marks or any of our other intellectual
property, whether by implication, estoppel, reliance or otherwise. In this regard, you agree that all use of the
Marks will inure to our benefit. All
rights with respect to the Marks or any of our other intellectual property
rights, that are not specifically granted herein are reserved to us. You will not
assert, or assist a third party to assert, the invalidity, unenforceability, or
contest the ownership of the Marks in any action or proceeding of whatever kind
or nature, and will not take any action, or omit to take any action, that may prejudice our rights in the Marks or
any of our other intellectual property, render the same generic, or otherwise
weaken their validity or diminish their associated goodwill and reputation. You
agree to indemnify the Hollywoodbets Group from all claims and liabilities of
any kind arising out of your use of the Marks. You must notify us immediately
if you become aware of the misuse of the Marks or any of our other intellectual
property by any third party.
the term of this Agreement, you may be entrusted with confidential information
relating to the Hollywoodbets Group’s business, operations, or underlying
technology and/or the Affiliate Programme (including, for example, Referral
Commission earned by you under the Affiliate Programme). You must keep all
confidential information confidential and you must not disclose such
confidential information to third persons or outside parties unless you have
our prior written consent. You may only
use the confidential information for purposes necessary to further the purposes
of this Agreement. Your obligations with respect to confidential information
survive the termination of this Agreement.
obligations in relation to Confidential Information will apply regardless of
whether your application to be an Affiliate is successful.
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 (clause 2.11), 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 clause 2.16.
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.
Compliance with laws
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.
will terminate this Agreement immediately without recourse to you if you breach
any provisions of this clause 2.
The Referral Commission Structure
to clause 5 and the exceptions as listed in this clause 3 read together with
any other sections of this Agreement that apply to Referral Commission, you
will earn the Default Referral Commission calculated as set out in clause 3.2.
However, in certain cases, at our sole discretion, we reserve the right to
enter into a Cost per Acquisition payment plan (“CPA Payment Plan”) or even a
hybrid model made up of a combination of the Default Referral Commission
Structure and CPA Payment Plan which will be communicated to you in writing if
we elect to do so.
reserve the right to change the Default Referral Commission Structure or CPA
Payment Plan (including the amount of your commission percentage and method of
calculation) at any time by providing you with at least 15 days written notice.
Upon expiry of the 15-day notice period, the new Referral Commission Structure
will automatically apply to all new and existing active Customers. If you do
not agree to the change then you may terminate this Agreement by notifying us
in writing in accordance with clause 4.1. For the avoidance of doubt, when an
Affiliate is moved onto a new commission structure, Referral Commission will
only be earned on Customers that are considered active at the date of change
(refer to explanation on inactive customers below) as well as any new Customers
that sign up thereafter.
any Customer’s account is inactive for a period of six (6) consecutive months,
then such account shall be removed from the sales files and shall no longer
qualify for Referral Commission.
addition to Referral Commission, we may choose, at our sole discretion, to conduct
special promotions which would entitle you to earn additional discretionary
bonus commission based on performance over a specified period. In the event
that we choose to conduct such promotions, we will issue additional terms and
conditions covering such promotion. In the event you wish to
participate in one of the special promotions, you understand and agree that
such participation will be subject to the additional terms and conditions, as
may be applicable.
purposes of this Agreement, “Net Profit” is defined as, monies received by us
each month in respect of all settled bets (excluding bets related to products
that we reserve the right to exclude as set out in clause 2.1 and 3.5) made by
Customers after deducting: (i) monies paid out to Customers 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); (vii) voids; (viii) bet/deposit bonuses;
(ix) 3% administration fee for deposits received from Customers and (x) licence
fees per product.
Default Referral Commission Structure
Upon registration, you
will be placed on this Default Referral Commission Structure and subject to other
sections of this Agreement relevant to Referral Commission, you will earn a
Referral Commission based on the tier you fit into (using the below table) determined
by the number of First Time Deposits (“FTDs”) in a month. For the purposes of
clarity, you can move between the different tiers on a month-to-month basis
based on the number of FTDs in each particular month. You will earn the
applicable commission percentage based on the Net Profit (as defined in clause
3.1) we earn each month from Customers directed from your website after they
open an account with us and wager for money on any of the Hollywoodbets
0 - 299
If the overall Net Profit
(defined in clause 3.1) is negative in a particular month, this will result in
a negative Referral Commission for that month which will be deducted from any
positive Referral Commissions as and when available.
example, if in month 1 our Net Profit in respect of the Customers is positive
R10 000, in month 2 it is negative R5 000, in month 3 it is negative
R1 000, and in month 4 it is positive R10 000, you will receive a
Referral Commission of R2 000 in month 1, nothing in months 2 and 3 and
R800 in month 4 (assuming a Referral Commission percentage of 20%):
Commission at 20%
R800 (i.e. R2 000 -
R1 000 – R200)
We reserve the right to review the
commission percentage tiers and number of FTD’s on a monthly basis.
CPA Payment Plan
noted in clause 3.1, we may choose, at our sole discretion, to enter into a CPA
Payment Plan or hybrid model made up of a combination of the Default Referral
Commission Structure and CPA Payment Plan which will be communicated to you in
writing if we elect to do so.
the event that we choose to enter into either a CPA Payment Plan or hybrid
approach, we will issue the related calculations and terms and conditions
covering such payment plan and you understand and agree that
your participation in such plan will be subject to the amended terms and
conditions, as may be applicable.
Payment of Referral Commission
will pay the Referral Commission earned by you for the previous calendar month
by the 15th working day of each month, subject to exchange control
limitations as set out further below where applicable. Unless otherwise agreed,
Referral Commission will only become payable once it reaches an amount of R500.
If a month’s Referral Commission is below R500, the Referral Commission will be
carried over to subsequent months until Referral Commission reaches the minimum
amount of R500.
Commission must be invoiced and comply with the following requirements:
· The invoice description
must include “Affiliate Advertising Commission”;
· For foreign affiliates, the
amount on the invoice must be listed in the applicable foreign currency using
the exchange rate as per the spot rate on the last day of the month that the
commission is due (using the rate as appears on www.oanda.com for that date);
· The invoice must include the
relevant affiliate’s banking details as well as Hollywoodbets company details
which will be provided at the date of invoice.
· It should be noted that
Referral Commission is exclusive of Value-Added Tax.
payments may take 4 – 7 business days to be processed due to exchange control
invoices must be issued on a monthly basis provided it meets the minimum
Referral Commission amount payable. If you wish to roll over the Referral
Commission payable to you, you must advise us accordingly. Referral Commission
over R10 000 will not be rolled over and must be invoiced.
reserve the right to perform audits on your account, and any overpayments will
be recouped from positive Referral Commission when available whilst any
underpayments must be added to the next invoice.
All payments due to you are
based on our own statistics, records and calculations. All decisions made by us
regarding the tracking, calculation or payment of your Referral Commission or
other payments shall be made by us in our sole discretion.
noted in clause 3.1, the payment of Referral Commission is subject to a number
of exclusions in other clauses that may limit, reduce or even prevent such
payments. By way of example, the following situations may, inter alia, result
in a payment exclusion:
· Incentivised traffic;
· Fraudulent activity;
· Brand bidding;
· Unsuitable Customers and
· Unlawful electronic
marketing or spamming; or
· Any other material breach
of any terms of this Agreement.
4. Term and Termination, Consequences and
Term and Termination
term of this Agreement will begin when you are approved as an affiliate under
the Affiliate Programme, and will be continuous unless and until either party
notifies the other in writing that it wishes to terminate this Agreement, in
which case this Agreement will be terminated immediately on receipt of the
notice by the other party. Termination is at will, with or without reason, by
either party. For purposes of notification of termination, delivery via e-mail
is considered a written and immediate form of notification.
termination you must remove all of our Approved Promotional Material, Marks and
other intellectual property from your website and disable all hypertext
transfer links from your website to all Hollywoodbets Websites. All rights and
licences given to you in this Agreement will immediately terminate. You will
return to us any confidential information, and all copies of it in your
possession, custody and control and will cease all uses of our Approved
Promotional Material, Marks and other intellectual property.
may terminate this Agreement if we determine (in our sole discretion) that your
site is unsuitable. Unsuitable sites include, but are not limited to, those
that: are aimed at children, display pornography or other illegal sexual acts,
promote violence, promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age, promote illegal activities or violate
intellectual property rights or breach any relevant advertising regulations or
codes of practice.
Duplicate Accounts and Self Referrals
must not open more than one affiliate account without our prior written consent
nor will you earn commission on your own or related person's Hollywoodbets
account. The Affiliate Programme is intended for professional website
5. Continued Promotion and Referral Commission
will incorporate and prominently and continually display the most up-to-date
hypertext transfer links provided by us on all pages of your website in a
manner and location agreed by us and you must not alter the form, location or
operation of the hypertext transfer links without our prior written consent.
are eligible for Referral Commission based upon your continued promotion of the
you are unable to refer a minimum of 5 new customers per month for a
consecutive 3 month period (i.e. less than 5 new Customers join our customer
database by way of registering after arriving at the applicable Hollywoodbets
Website via hypertext transfer links on your website per month), we reserve the
right to reduce your Referral Commission rate to a flat rate of 10% of Net
Profit (or another rate as determined by us in our sole discretion) until you meet
the minimum number of new customers, at which point we will discuss a revised
Referral Commission Rate with you. Alternatively, if you do not revert to
referring the minimum number of new customers, we reserve the right to close
your account and terminate this Agreement.
Relationship of Parties
are an independent contractor and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, sales representative, or
employment relationship between us. You will not make any statement, whether on
your website or otherwise, that would contradict anything in this Agreement.
must not make any claims or representations, or give any warranties, in
connection with us and you have no authority to, and must not, bind us to any
hereby, indemnify, and hold us, our directors, employees and representatives
harmless from and against any and all liabilities, losses, damages and costs
(including, without limitation, legal fees) directly or indirectly arising out
of, or in any way connected with (a) any breach by you of any warranty,
representation or term contained in this Agreement, (b) the performance of your
duties and obligations under this Agreement, (c) your negligence, (d) any
injury caused directly or indirectly by your negligent or intentional acts or
omissions, or (e) the unauthorised use of our Approved Promotional Material,
Marks and other intellectual property, our hypertext transfer links and/or the
make no express or implied warranties or representations with respect to the
Affiliate Programme, about ourselves or the Referral Commission payment arrangements
(including, without limitation, functionality, warranties of fitness,
merchantability, legality or non-infringement), and do not express nor imply
any warranties arising out of a course of performance, dealing, or trade usage.
In addition, we make no representation that the operation of the Hollywoodbets
Websites will be uninterrupted or error-free and we will not be liable for the
consequences if there are any.
the event of a discrepancy between the reports offered via the Affiliate Site
and the Hollywoodbets database, the database will be deemed accurate. You are
not entitled to view the database. Should you wish to do so, you may submit a
request to us in writing and we may provide you with limited access to the
database. Such access, if granted, will be restricted to de-identified or
aggregated information only.
9. Limitation of Liability
will not be liable for indirect, special, or consequential damages (or any loss
of revenue, profits, or data) arising in connection with this Agreement or the
Affiliate Programme, even if we have been advised of the possibility of such
damages. Further, our aggregate liability arising with respect to this
Agreement and the Affiliate Programme will not exceed the total Referral
Commission paid or payable to you under this Agreement.
in this Agreement will be construed to provide any rights, remedies or benefits
to any person or entity not a party to this Agreement.
obligations under this Agreement do not constitute personal obligations of our
directors, employees or shareholders.
10. Independent Investigation
acknowledge that you have read this Agreement and agree to all its terms and
conditions. You understand that we may at any time (directly or indirectly)
solicit customer referrals from other third parties on terms that may differ
from those contained in this Agreement or operate or contract with websites
that are similar to or compete with your website. You have independently
evaluated the desirability of participating in the Affiliate Programme and are
not relying on any representation, guarantee, or statement other than as set
out in this Agreement.
laws of South Africa will govern this Agreement, without reference to rules
governing choice of law. Any action relating to this Agreement must be brought
in South Africa and you irrevocably consent to the jurisdiction of its courts.
may not assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this Agreement will be
binding on, inure to the benefit of, and be enforceable against you and us and
our respective successors and assigns.
failure to enforce your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement. No modifications,
additions, deletions or interlineations of this Agreement are permitted or will
be recognised by us. None of our employees or agents has any authority to make
or to agree to any alterations or modifications to this Agreement or its terms.
rights and remedies are not mutually exclusive, that is to say that the
exercise of one or more of the provisions of this Agreement will not preclude
the exercise of any other provision. You acknowledge, confirm, and agree that
damages may be inadequate for a breach or a threatened breach of this Agreement
and, in the event of a breach or threatened breach of any provision of this
Agreement, we may seek enforcement or compliance by specific performance,
interdict, or other equitable remedy. Nothing contained in this Agreement will limit
or affect any of our rights at law, or otherwise, for a breach or threatened
breach of any provision of this Agreement, its being the intention of this
provision to make clear that our rights will be enforceable in equity as well
as at law or otherwise.
possible, each provision of this Agreement will be interpreted in such a manner
as to be effective and valid under applicable law but, if any provision of this
Agreement is held to be invalid, illegal or unenforceable in any respect, such
provision will be ineffective only to the extent of such invalidity, or
unenforceability, without invalidating the remainder of this Agreement or any
provision hereof. No waiver will be implied from conduct or failure to enforce
any rights and must be in writing to be effective.
HOLLYWOOD SPORTSBOOK GAUTENG PROPRIETARY LIMITED
AFFILIATE PRIVACY NOTICE
PURPOSE OF THIS PRIVACY
This privacy notice explains how we collect,
use, and process your personal information through your use of the Affiliate
Programme, including any information you may provide when you register as an
affiliate on the Affiliate Site. We will ensure that the personal information
we collect from yourself is protected and processed carefully and responsibly.
It is important that you read this privacy
notice together with any other privacy notice we may provide on specific
occasions when we are collecting or processing personal information about you
so that you are fully aware of how and why we are using your information. This
privacy notice supplements other notices and privacy policies and is not
intended to override them.
WHO IT APPLIES TO
This notice applies to all affiliates of Hollywood Sportsbook Gauteng
Proprietary Limited, (“Hollywoodbets”).
We may need to update this privacy notice periodically and encourage you
to check our privacy notice regularly so that you remain up to date on how we
process and protect your personal information.
If you have any questions about this notice, please email us at email@example.com
INFORMATION WE COLLECT AND GENERATE
Personal information means any information about a natural or legal
person from which that person can be identified. It does not include
information where the identity has been removed (anonymous information).
We collect the personal information we require to register you as an
affliate and to communicate with you.
The following is the information we collect:
· Full name and Last name
· Company name
· Legal nature of entity
· Registration number
· Contact information (e.g. title, physical and postal address, email address,
mobile number/telephone number)
· Skype name
· Website URL
· Bank Account information: IBAN, Account number, Bank name, SWIFT/BSB
We generate information about you in the form
· Quick summary reports and customer earning reports
· Affliate stats
· Records of payments
· Registration reports
· Mailing lists
· Customer stats
· Email reports
· Traffic reports
We do not collect any special categories of personal information about
you (this includes details about your race or ethnicity, religious or
philosophical beliefs, sex life, sexual orientation, political opinions, trade
union membership, information about your health, and genetic and biometric
WHEN AND WHY WE
COLLECT AND PROCESS YOUR PERSONAL INFORMATION
We process your personal information to meet
our contractual obligations with you, as well as collect and use your personal
information for the following purposes:
· Let you register an affiliate account with us.
· Process and track your customers qualifying betting transactions against
your unique affiliate account number.
· Notify you of the outcome of your customers betting transactions in the form
of reports (these reports contain no personal information on the customers
· Notify you of changes to the affiliate programme, approved promotial
material and intellectual property or any other information relevant to your
role as an affiliate.
· Process a payment to you in respect of monthly affiliate commission.
· Reply when you contact us for support or information.
· Investigate and resolve your queries, complaints or requests.
We are legally required to collect and
process certain information, including:
· To identify and validate our affiliates and for purposes related to the
prevention of financial crime, including sanctions screening, monitoring of
anti-money laundering and financing of terrorist activities.
· To report suspicious activity on your account to the relevant
· To report to other governmental agencies, for example the South African
When you register an account at Hollywoodbets you can choose if you want
to receive promotional material from us. We may send you information about our
services, products and promotional activities via the communication channels
you selected. You can unsubscribe at any time by following the unsubscribe link
or by contacting us.
You have to be 18 years or older to make use of our services.
When you register as an affiliate we will ask you to confirm that you
are 18 or older.
We do not knowingly collect the personal information of persons under 18
years of age.
WE ONLY SHARE YOUR
INFORMATION WITH OTHERS WE TRUST
We only use service providers we trust and who have agreed to keep your
personal information secure and confidential and to only use it for the
purposes for which we shared it with them.
We may use service providers to assist with the following:
· communicate with you
· verify your identity
· verify your address
· verify your banking details
· monitor the effectiveness of our services
· store information
· manage our business, for instance accountants and professional advisors
· provide IT services and infrastructure
Some of the service providers that we use may be located in other
countries. These countries may not have the same levels of protection of
personal information as South Africa, in which case the foreign service
providers must undertake to protect the personal information of our affiliates
to the same level that we do.
We provide for appropriate safeguards by means of contracts between us
and our foreign service providers. By
using our website, you agree to not being notified of details regarding the
level of protection afforded to your information in the relevant
We may be required to share your personal information with regulatory
and law enforcement bodies.
TAKEN TO SAFEGUARD YOUR PERSONAL INFORMATION
We take reasonable steps to protect your personal information against
· unauthorised access;
· or other misuse.
These steps include password protection for electronic files, securing
paper files and physical access restrictions.
We will continuously review our security controls and processes to
ensure that security risks are identified and addressed.
If something should happen, we
will take the necessary steps to minimise the threat to your privacy and
we will let you know if your personal information has been compromised. We will
also let you know how you can help minimise the impact of a breach.
WE DO NOT KEEP YOUR
PERSONAL INFORMATION LONGER THAN WE NEED TO
We will not keep your personal information longer than we need to unless
we are legally required to do so. We take legal requirements, contractual
obligations and the expectations and requirements of our affiliates into
account when we determine how long we should retain information. When we no
longer need your personal information we will securely delete or destroy it in
line with the Protection of Personal Information Act (POPIA) requirements.
CHANGES TO THE
PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
We keep our privacy notice under regular review, and therefore encourage
you to check our privacy notice regularly so that you remain up to date on how
we process and protect your personal information.
It is important that the personal information we hold about you is
accurate and current. Please keep us informed if your personal information
changes during your relationship with us.
10. IF YOU FAIL TO PROVIDE PERSONAL INFORMATION
Where we need to collect personal information by law, or under the terms
of a contract we have with you, and you fail to provide that information when
requested, we may not be able to perform the contract we have or are trying to
enter into with you (for example, to allow you to place a bet). In this case,
we may have to cancel a product or service you have with us but we will notify
you if this is the case at the time.
ACCESS AND CORRECTION OF PERSONAL INFORMATION
You have the right to:
· be notified that your personal information is being collected;
· be notified of security compromises where reasonable grounds exist for
us to believe that your personal information has been accessed or acquired by
an unauthorised person;
· ask us what we know about you and request access to such information; ask
what personal information was sent to our service providers or any other
· ask us to update, correct or delete any out-of-date or incorrect personal
information we hold about you; where it is inaccurate, irrelevant,
excessive, out of date, incomplete, misleading or obtained unlawfully;
· unsubscribe from any direct marketing communications we may send
you and object to the processing of your personal information;
· request us to delete or remove your personal information where there is
no good reason for us continuing to process, although this will be subject to
Hollywoodbets requiring the information for legal and legitimate reasons;
· request restrictions on processing of your personal information;
· withdraw your consent at any time where we are relying on consent to
process your personal information;
· submit a complaint to the Information Regulator. You have the right to
submit a complaint to the Information Regulator regarding an alleged
interference with the protection of your personal information. However, please
note that until POPIA is in force, the Information Regulator does not have the
power to enforce your protection under POPIA;
You can request access to the personal information we hold about you or
correct your personal information. It can take us up to 21 days to respond to
your request due to procedures that we are required to follow. In certain
cases, we may require proof of your identity and sometimes changes to your
personal information may be subject to additional requirements such as valid
proof of residence.
Please see below our contact details for our deputy information
Mr Suren Rampersadh
Mrs Chanelle Beukes
Mr Rowan Cross
Mr Adheesh Maharaj
087 353 8930
PO Box 74234, Rochdale
6 Tetford Circle,
Umhlanga, Durban, 4320
Document approval by:
Document approval date:
17 February 2021
Next review date: