Terms and conditions of the Yajuego affiliate programme
Effective from 15 April 2019.
The Terms and Conditions of the Yajuego?Affiliate Programme, hereinafter referred to as the Agreement , contain the terms of participation in the Yajuego?Affiliate Programme, hereinafter referred to as the "Programme".
Yajuego is a trademark formed by the Company GAMES AND BETTING S.A.S with its principal address in the city of Bogota' D.C. CL 106 No.23-61 Piso 4 - authorised to operate in Colombia under Concession Contract No. C1662, subscribed with COLJUEGOS on 25/02/2019 and valid until 26/02/2022.
"You" or "The" hereinafter refer to the applicant and/or participants in the Programme, carried out within the website hereinafter referred to as?www.yajuego.co
"Your website" means any site(s) and/or software application(s) that you own or operate and that links to the www.yajuego.co site.
"Sub-affiliate website" means any site(s) and/or software application(s) owned by any of the sub-affiliates, where an affiliate, who has previously joined the Yajuego?affiliate programme through links to the site, makes an application for a "Sub-affiliate" owner or operator of a site that has been notified to Yajuego?in advance and approved by Yajuego?through the Agreement.
1. Programme description
The purpose of the Programme is to enable you to advertise Yajuego?services and products available on the platform, hereinafter referred to as "Yajuego?Services", on your site and on the site of any approved Sub-affiliates, and to earn the commission for the use of Acquired Customers, as described below in this Agreement. In order to facilitate the advertising of Yajuego?Services.
Yajuego may provide you with data, images, text, link formats, widgets, approved logos, links, link tools, and any information related to the Programme.
Any of the links provided by Yajuego?may be used by you only in accordance with this Agreement.
2. Programme requirements
2.1 You must provide accurate information in your application to join the Programme, and correctly identify your website. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application, suspend and/or cancel your participation in the Programme if we determine that your website is not suitable. "Unsuitable sites" include sites that:
(a) Promote or contain sexually explicit material. (b) Promote violence or contain violent material. (c) Promote slander or defamatory content. (d) Promote discrimination or employ discriminatory practices based on race, gender, religion, nationality, physical or mental disability, sexual orientation or age. (e) Promote or engage in illegal activities. (f) Violate the intellectual property rights of third parties.
2.2 If at any time during the term of this Agreement you modify your site, you must immediately notify and update your account information with Yajuego.
2.3 Once you have been approved to participate in the Programme, you will be assigned an affiliate account and receive an Affiliate ID. You must use your affiliate ID to edit the links to thus ensure that the use of Yajuego?Services by Acquired Customers is assigned to your affiliate account. It is your sole responsibility to protect the affiliate ID and ensure that it is included in the links located on your site or on the sub-affiliate site.
2.4 You will have only one account with Yajuego?in relation to your participation in the Programme and will not open or attempt to open another account.
2.5 You will ensure that the information in your application to join the Programme that is in some way associated with your affiliate account, including your email address, other contact information and identification of your website, is complete, accurate and up-to-date at all times. We may send notifications (if any), approvals (if any) and other communications related to the Programme and this Agreement to the email address currently associated with your Programme account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer active.
2.6 You are solely responsible for any marketing initiatives that you and/or any of your Sub-affiliates undertake in relation to your website and/or customers, without limitation, including compliance of such initiatives with the legal requirements applicable to Colombian law. You will compensate Yajuego?for any claim in relation to the carrying out of such activity.
2.7 If less than 5 (five) Acquired Customers are generated within the first 3 (three) months from the date on which Yajuego?provides you with the Affiliate ID, Yajuego?has the right to terminate your participation in the Programme at the end of the minimum term of 3 (three) months through a notification 7 (seven) days in advance.
2.8 By participating in the Programme, you agree that you will comply with the terms and conditions of this Agreement at all times and with respect to any support material that Yajuego?provides to you.
You will provide Yajuego?with any information that we request to verify and/or validate your compliance with this Agreement. In addition to any other right or remedy available to us, we may terminate this Agreement, withhold any commission paid to you under this Agreement, or both, if we determine that you or other persons affiliated with you have not complied with this Agreement.
2.9 In relation to your participation in the Programme, you will comply with all laws, standards, regulations, orders, licenses, permits, judgments, decisions, guidelines, codes of practice and other requirements applicable to Colombian law or to the regulatory entity Coljuegos.
2.10 Through this Agreement, you agree that Yajuego?will send you emails related to the Programme as necessary; record, use and disclose information about your site and visitors to your site that we obtain through the links; track and otherwise investigate your site to verify compliance with this Agreement.
3. Designation of Sub-affiliates
3.1. You will be allowed to designate Sub-affiliates to place links on websites of Sub-affiliates, subject to: (i) Prior notification to Yajuego?of the proposed Sub-affiliate. (ii) Approval of the sub-affiliate by Yajuego?. (iii) Your approval of the sub-affiliate by entering into a written agreement with sub-affiliates regarding their use of the links in accordance with the terms of section 4 of this Agreement. You explicitly agree that Yajuego?may withhold the approval of any of the sub-affiliates at its sole discretion and, in any event, without limitation, Yajuego?will not accept any sub-affiliate whose site is deemed to qualify as an unsuitable site in accordance with the provisions of Section 2 above.
3.2. You may not authorise a third party to display the links of your site unless that third party has been notified and approved by Yajuego?in accordance with Section 3.1. Furthermore, Yajuego?has the right to request a copy of the written agreement between you and such third party at any time and you agree to provide such agreement to Yajuego?without undue delay.
In your notification to Yajuego?regarding the third party that Yajuego?will approve as a sub-affiliate, you must include accurate information about them, including the nature of their business, the website and contact information.
For the avoidance of doubt, this agreement is between you and Yajuego, who will communicate only with you regarding your participation in the Programme. Notwithstanding the foregoing, Yajuego?shall have the right to assert its rights in any of the links directly to any sub-affiliated third party.
3.3 In the event of breach of any of the provisions of Sections 3.1 and 3.2 above, Yajuego has the right to terminate your participation in the Programme and this Agreement with immediate effect.
3.4 At any time during your participation in the Programme, Yajuego may request the removal of the links of your site or that of any Sub-affiliate, for any reason, and you must ensure compliance with such request within 3 (three) calendar days from the date of receipt of the request. Yajuego?reserves the right to suspend and/or terminate your participation in the Programme if you fail to comply with such request.
4.1 After you have been notified that you have been accepted into the Programme, Yajuego will provide you with the links, assuming the cost thereof, which you may display on your website and/or allow approved sub-affiliates to display the links on their website, provided that such links are not altered or used incorrectly in the special formats that Yajuego provides, including the associated ID assigned to you.
4.2 You may use the links solely and exclusively during your participation in the Programme and in accordance with this Agreement. You may not alter the links in any way, except to ensure their full functionality, location and visibility on your site, including the integration of the Affiliate's identification into the links.
You are solely responsible for placing each link on your site and/or sub-affiliate's site, and for ensuring that it includes the necessary format so that we can properly track customer references on your site. Notwithstanding the foregoing, you must not alter the approved logo in any way, such as changing the proportion, colour, or font of the logo, or add or remove elements of the logo without the prior consent of Yajuego.
4.3 You may not use the links, including the logo, in a manner that implies or alleges sponsorship or approval by Yajuego of your site and/or business, products or services.
4.4 You may not use the links, including the logo, to bring Yajuego, its products, or services into disrepute, or in a manner that could damage or impair the value of the Yajuego brand or its reputation, including the links and logo.
4.5 You acknowledge that all rights, titles and interests of and in links (including all intellectual property rights), are the exclusive property of Yajuego and/or its affiliates, through their use, including the logo, exclusively for the benefit of Yajuego or its affiliates.
4.6 The provisions of this section apply to the use of links by any Sub-affiliate and Yajuego reserves the right of claim regarding the use of links by any Sub-affiliate directly with third parties not authorized by Yajuego.
5. Responsibility for your website
5.1. You are solely responsible for your site, including its development, operation and maintenance of all materials appearing on or within it.
5.2. You will be solely responsible for your site in compliance with Colombian regulations on the protection of personal data, prohibition of the illegal use of trademarks and distinctive signs, standards for child protection, protection and prevention of money laundering and/or terrorist financing.
5.3. Yajuego shall have no responsibility for any of the matters relating to your website and/or any sub-affiliate website, or for any of the claims of users of these sites and/or your sub-affiliates relating to your website or sub-affiliate website. Through this Agreement, you free from any liability, whilst exempting from any kind of damages, and shall compensate Yajuego and/or its affiliates, directors, officers, agents, successors and assignees from and against any allegation or claim based on any loss, damage, settlement, cost, expense and any other liability (which includes but is not limited to reasonable legal fees) arising out of any act or omission by you and/or your sub-affiliates, including, but not limited to (i) breach of this Agreement; (ii) allegation or claim of negligence, strict liability for deliberate misconduct, (iii) any material appearing on your website in combination with other applications, content or processes; (iv) the use, development, design, manufacture, production, advertising, promotion or marketing of your website or any material appearing on or within your site; (v) the use of the links by you and your sub-affiliates, whether such use is or not authorized by this Agreement or the laws of Colombia, and (vi) any claims of a third party regarding the use of the links by the sub-affiliate and/or third-party use of the links through the sub-affiliate's site. However, the foregoing does not apply when such claim results from Yajuego's negligence or misconduct.
6.1. You may earn commissions only as described in this Section 6 and only with respect to the activity of customers acquired on the Yajuego site, which is performed directly through the corresponding links.
6.2. Yajuego will pay you 20% (twenty per cent) of the Monthly Net Income commission.
Monthly Net Income: means the difference between (i) the total stake of acquired customers and (ii) (a) Total earnings of acquired customers. (b) Bonuses paid to acquired customers. (c) Lost money accumulated per month as a result of lost bets.
Acquired customer: means a person who (i) clicks via a link on your site and/or sub-affiliate site to the Yajuego site, (ii) does not have a valid operational betting account with Yajuego at the time of redirection to the Yajuego website via a link, and (iii) registers and maintains a valid betting account with Yajuego.
Stake: means the total amount of money they have chosen to use to place bets; not the amount they are going to bet, but all the money the customer has in their betting account. This is the sum of money paid by the customer to use any of the Yajuego services, including, but not limited to, money paid on sports bets, the casino and games.
Chargeback: refers to the Stake amount charged or reversed to your affiliate account if the transaction has the following characteristics:
(a) It is disputed by the acquired customer. (b) It is revoked for any reason by a payment card association with Yajuego's payment processor. (c) The charge was not authorised or Yajuego has reason to believe that the transaction was not authorised. (d) The charge is allegedly illegal, suspicious or violates any of the terms of this Agreement.
Fraudulent top-ups: means network or credit card transfer deposits or traffic generated by illegal means or any other action taken in bad faith to defraud Yajuego, including, but not limited to, deposits into the Yajuego betting account generated through stolen cards, misuse or manipulation of Yajuego or its services or bonuses, creation of false Yajuego accounts or unauthorised use of third party accounts.
6.3. The commission will be calculated on the first Monday of each calendar month as the percentage of the monthly net profit accumulated by your acquired customers in the previous calendar month. For avoidance of doubt, the first calendar month will begin from the date Yajuego provides you with the Affiliate ID.
6.4. If applicable, Yajuego will pay you the due commission monthly, in accordance with Yajuego's calculations and upon receipt of your invoice. The commission will be paid to your bank account notified to Yajuego in advance, in the currency of the country that Yajuego?notified you of at the time of your approval of the Programme by Yajuego.
6.5. Yajuego shall pay the due commission only for the duration of this Agreement. You shall only be entitled to the commission until the date of termination of the Agreement for any reason.
6.6. Payment of the monthly commission for the web affiliate will only be applicable when the affiliate has managed to accumulate a minimum amount of one million four hundred eight-five thousand Colombian pesos in revenue share commissions. If the commissions earned are less than this amount then there will be no right to any remuneration for the affiliate in the current month, but it will be possible to accrue it for the following month.
7. Affiliation license limit
7.1. The affiliation license limit is subject to the terms of this Agreement and only for the purposes of participation in the Programme, Yajuego grants you a limited, revocable, non-transferable, non-exclusive, royalty-free license,
(a) To copy and display links on your website and on the website of the sub-affiliate. (b) Use only of Yajuego's logos made available to you as part of the links in accordance with this Agreement.
7.2. Apart from the limited licenses expressly set forth above, Yajuego reserves all rights, titles and interests (including all intellectual property rights). By virtue of your participation in the Programme or being a party to this Agreement, you do not acquire any interest or ownership rights over the link or links, any domain name owned or operated by Yajuego or any of its affiliates, and any other intellectual property and technology that Yajuego provides or uses in relation to the Programme.
If you provide Yajuego or any of its affiliates with suggestions, revisions, amendments, data, images, texts or other information or content regarding the Yajuego Services or in relation to this Agreement, or your participation in the Programme, or if you modify any or some links in any way (collectively) that you irrevocably assign to Yajuego, then you grant all the rights, titles and interests in and to their modifications to Yajuego, royalty-free, or through a freely-transferable payment of irrevocable exclusivity, for the maximum duration of the trademark protection, available in accordance with the law applicable to Colombian legislation and the license to use, reproduce, perform, display, adapt, modify, reformat, use, distribute and sub-license your modifications in any way and for any purpose and to sub-license the above rights to any other person or entity.
8. Duration and termination of the Affiliate programme.
8.1. The term of this Agreement shall begin with the acceptance of your application for the Programme by Yajuego and shall be terminated by you or Yajuego. Both you and Yajuego may terminate this Agreement at any time, with or without cause, by giving the other party a written notice of termination of at least 7 (seven) days.
8.2. In addition, Yajuego may terminate this Agreement immediately at any time by providing written notice to you for a Cause that may be any of the following events:
(a) You are in serious breach of this Agreement or are in slight breach of this Agreement, but do not resolve it within 3 (three) days; (b) Yajuego believes that you may face potential claims or liability regarding your participation in the Programme and/or the use of links by any sub-affiliate. (c) Yajuego believes that its brand or reputation may be tarnished by you or in relation to your participation in the Programme and/or the use of links by any sub-affiliate. (d) Yajuego terminates the Affiliate programme.
8.3. After the termination of this Agreement, each and every licence you hold will be automatically cancelled, and you will immediately cease using and remove the links from your site, whilst removing all logos associated with links that Yajuego provided or made available to you under this Agreement or in connection with the Programme, and you will make all sub-affiliates do the same.
8.4. Yajuego may withhold accumulated unpaid commissions for a reasonable period of time after the termination, to ensure that the correct amount is paid and/or until you comply with the provisions of Section 8.3 above.
8.5. Termination of this Agreement shall not affect the rights, remedies, obligations or accrued liabilities of the parties existing at the time of the termination.
8.6. Without prejudice to the generality of Section 8.5, the complete or partial termination of this Agreement shall not affect the ongoing continuity of the provisions of Sections 2.6, 5, 7.2, 11, 12, 13 and 14.
9.1. Yajuego may amend any of the terms, conditions and contents of this Agreement, including but not limited to this Agreement or the commission, at any time at its sole discretion, at least 7 (seven) days prior to the effective date of the amendment, by publishing a Change of Agreement or by updates through the review of the site of Yajuego affiliates. During that period of 7 (seven) days, you may, as your sole remedy, notify us in writing of your objections to the amendments and, if you do so, your account will automatically terminate on the effective date of the amendment you objected to.
10. Contractual relationship of the parties to the agreement
Yajuego and you act as independent contractors, and nothing in this Agreement will create any association, joint venture, agency, franchise, sales representative or employment relationship between you and Yajuego or its affiliates. You have no authority to make or accept any offer or representation on behalf of Yajuego or its affiliates.
11. Limitation of liability
Yajuego, its affiliates, directors, officials, employees, agents or subcontractors shall not be liable for any indirect, incidental, special, consequential or exemplary damages (including loss of income, profits, goodwill or data) arising in relation to this Agreement, the Programme, or the Yajuego site, even if you have informed of the possibility of such damages.
In addition, the total liability of Yajuego?arising in relation to or outside of this Agreement, the Programme and the Yajuego site shall not exceed the total advertising fees paid or payable to you under this Agreement in the twelve months immediately prior to the date in which the recent event giving rise to the claim of liability occurred.
Nothing in this Agreement (including the above paragraph) shall work to exclude any liability that cannot be excluded or limited by the law applicable to Colombian legislation.
12. Disclaimer of the Yajuego affiliate programme
The Programme, the Yajuego site, any products and services offered on the Yajuego site, any links, link formats, content, domain names and logos of Yajuego, and all technology, materials, data, images, text, other information and content provided or used by or on behalf of Yajuego or its affiliates or licensors in relation to the Programme are provided "AS AGREED".
Neither Yajuego nor any of its affiliates or licensors make any representations or warranties of any kind, whether express, implied or statutory, or otherwise with respect to the foregoing. Neither Yajuego nor any of its affiliates, licensors or subcontractors shall be liable for (i) any error, inaccuracy or interruption of the service, including power outages or system failures; or (ii) any unauthorized access to or alteration of, deletion, destruction, damage or loss of your site, the Sub-Affiliate site or any image, text or other information or content.
In addition, neither Yajuego nor any of its affiliates or licensors shall be liable for any compensation, reimbursement or damages arising in relation to (i) any loss of potential profits or income, advance sales, goodwill or other proceeds, (ii) any of your investments, expenses or commitments in relation to this Agreement or your participation in the Programme; or (iii) any termination of this Agreement.
13. Authorisation of processing of personal data.
In accordance with the provisions of laws 1266 of 2008, Law 1581 of 2012, Decree 1377 of 2013 and other standards that amend and add to them; you authorize and express your prior, express and informed consent to Yajuego to collect, supply, use, circulate, delete, transfer or transmit your personal data, for the purposes of verification, identification and contractual, administrative, and financial purposes and, in general, the purposes necessary for the prior validation procedure for affiliation as a commercial partner.
Likewise, in accordance with the provisions of Article 6 of Decree 1377 of 2013 and taking into account that You know your right to refrain from authorizing the processing of sensitive data, you authorize Yajuego?to process sensitive data (fingerprint), in order to validate your identity. The authorization granted by you is irrevocable for as long as this agreement remains. This authorization is given so that in connection with the services and in general any kind of obligation contracted to date or contracted by you to Yajuego, the latter may use your personal data for the development of a database for commercial or advertising purposes, other than those directly related to the purposes for which it was delivered and shared with third parties with whom Yajuego has established commercial or advertising partnerships.
You state that you have previously read the privacy notice and data protection policy of Yajuego, on its website www.yajuego.co
You expressly agree to this Agreement, you may access confidential information of Yajuego and you agree not to disclose or reveal to any person, in part or in whole, Confidential information provided directly or indirectly by Yajuego without the prior written consent of the person providing the information.
14. Applicable law and disputes
14.1. The laws of Colombia, without regard to the principles of conflict of laws, shall govern this Agreement. Any dispute, conflict or difference, whether arising out of or in general in relation to the Programme and/or this Agreement, including, but not limited to, that relating to its validity, construction or enforceability, must be brought before the ordinary courts.
14.2. Without prejudice to the contrary to the provisions of this Agreement, Yajuego may request an injunction or another type of measure in any state or national court of a competent jurisdiction for any actual or alleged infringement of intellectual property or property rights by Yajuego or any other person or entity.
15. Other protocols
15.1. You may not assign this Agreement by law or otherwise without the prior express written authorization of Yajuego.
15.2. Unless you have notified Yajuego, you authorize the processing of any personal information we obtain in relation to this Agreement and the Programme in accordance with applicable law.
15.3. If any court or governmental authority within the competent jurisdiction determines that any provision of this Agreement is inapplicable, the parties intend for this Agreement to apply as if the non-enforceable provisions are not present and that all partially valid and enforceable provisions apply to it to the extent to which they are enforceable.
15.4. The rights and remedies of the parties under this Agreement are cumulative, and either party may enforce any of their rights or remedies under this Agreement or other rights and remedies available to them by law or in equity. The headings of the sections of this Agreement are for convenience only and have no interpretative value.
15.5. The failure of Yajuego to enforce your strict compliance with any provision of this Agreement or your participation in the Programme shall not constitute a waiver of Yajuego's right to enforce this provision or any other provision of this Agreement.
15.6. All non-public information provided by Yajuego in relation to your participation in the Programme and/or this Agreement is considered confidential information, and you will keep it strictly confidential and not disclose it to third parties or use it for any purpose other than your performance under the Agreement and participation in the Programme.
15.7. This Agreement is written in the Spanish language, which will be the governing language for all purposes.
BY SUBMITTING DETAILS FOR IMPROVEMENT, WITH YOUR APPLICATION, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR CONTINUE TO PARTICIPATE IN THE PROGRAMME. YAJUEGO PUBLISHES A NOTICE OF CHANGE OR A REVISED AGREEMENT ON THE YAJUEGO SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LEGALLY ABLE AND SUFFICIENTLY AUTHORISED TO ENTER INTO THIS AGREEMENT.