Untitled Document

Terms and Conditions

Content:
1. Definition of Terms
2. Terms of Use of Agreement
3. Acceptance of the Affiliate Application
4. Awarding and Nature of License
5. Use of Intellectual Property and Marketing Material
6. Duties: WJAffiliate Programme
7. Duties: Affiliate Partners
8. Confidential Information
9. Security of Information
10. Fraud Protection and Money Laundering
11. Commission
12. Termination of Affiliate License
13. Relationship of Parties
14. Indemnity, Disclaimers and Limitation of Liability
15. Miscellaneous

1. Definition of Terms:
The following words and terms, used throughout this agreement and for the purpose of this agreement, are defined below:
2. Terms of Use of Agreement
3. Acceptance of the Affiliate Application
WJAffiliate Programme shall assess the affiliate’s application on submission thereof.

To ensure the timely evaluation of an affiliate application, the affiliate will furnish the WJAffiliate Programme with the following information:


3.1 A list of derivative domain names;
3.2 Information on how these domain names are being used;
3.3 Information on the quality of a derivative website including but not limited to information about the website’s content, and design;
3.4 The affiliates application information will be compared to the domain name registration information in a ‘who is’ database for those domain names identified in these terms and conditions;
3. 5 Information about the affiliate’s area of focus, including but not limited to online casinos, sportsbooks, and bingo initiatives;
3.6 The affiliate’s preferred marketing methods; and
3.7 The affiliate’s target market.


After submitting the required information stipulated as per the terms and conditions, the affiliate will be required to confirm the information provided on registration, as well as any additional information provided in terms of this agreement.

The affiliate must provide proof of identification including, where possible, a government-issued identification number.

The affiliate must also provide WJAffiliate Programme with its banking details and preferred method of payment for the payment of commission.

Once the requirements of the terms and conditions are met, the affiliate will be notified in a timely manner of WJAffiliate Programme’s acceptance or rejection of the application. The affiliate acknowledges and agrees that the acceptance of his application depends on its compliance with the provisions of this agreement. The acceptance or rejection of any affiliate application is at the sole discretion of the WJAffiliate Programme.

If an affiliate’s application is accepted, WJAffiliate Programme will award a license in accordance with the terms and conditions of this agreement.

Submission of an application by an affiliate constitutes agreement and consent for WJAffiliate Programme to independently verify any information provided to it by the affiliate, for the purposes of the application and for specific requests going forward.

4. Awarding and Nature of License
5. Use of Intellectual Property (IP) and Marketing Material
Prohibited Domain Names: Derivative Domain Names:
One or more derivative domain names may be registered by the affiliate.

The affiliate will supply WJAffiliate Programme with a written, correct and inclusive list of Derivative Domain Names that the Affiliate has or intends to register, acquire or use. Any new additions or amendments to the Affiliates list of Derivative Domain Names will be communicated to WJAffiliate Programme as soon as is reasonably possible.

The affiliate recognizes and accepts that Derivative Domain Names will at all times remain the beneficial property of the Merchant and/or its licensors and in this regard agrees to hold the Derivative Domain Name in Trust on behalf of the Merchant for the Term. On expiry of the Term the Affiliate will transfer, or cause to be transferred, all Derivative Domain Names to the Merchant, or an entity duly nominated by the Merchant in writing without delay.

In order to comply with the provisions of these terms and conditions, the affiliate hereby undertakes to sign and/or complete any and all documents or procedures, and do all things necessary to facilitate the speedy and proper transfer of all Derivative Domain Names to the Merchant, or an entity duly nominated by the Merchant in writing.

All rights or advantages, and without limitation goodwill, that may arise due to the use of the Derivative Domain Name will accrue for the sole benefit of the Merchant and its licensors.

Should a certain Derivative Domain name no longer be required by an affiliate, the affiliate will, in a timely manner prior to the URL expiring, inform WJAffiliateof its intention not to pay the renewal fee, and will, if requested to do so by WJAffiliate Programme, provide all necessary assistance to transfer the Derivative Domain Name to the Merchant, or an entity duly nominated by the Merchant in writing without delay.

Without exception, a Derivative Domain Name may only be used for the following purposes:
WJAffiliate Programme and/or the Merchant reserve the right, in their sole discretion, to terminate this Agreement with immediate effect and claim transfer of the Derivative Domain Name to the Merchant if the affiliate, its agent or nominee does not strictly adhere to the provisions of these terms and conditions.

The Merchant has sole discretion as to whether a Derivative Domain Name is a Prohibited Domain and the Merchant’s decision in this regard will be final and binding on the affiliate.

Derivative Websites and Marketing Material
If the affiliate elects to establish and promote a derivative website, the affiliate will ensure that the derivative website complies in all aspects with the guidelines published in the IP Documentation as may be updated from time-to-time.

The affiliate will be solely responsible for the development, operation, and maintenance of the Derivative website; the content of its website; and ensuring, amongst others, that any and all content posted on the website, including, but not limited to, images, graphics, data and text, are not libelous or otherwise illegal.

It is left to the Merchant’s sole discretion as to whether the affiliate is fulfilling its responsibilities in terms of the provisions of these terms and conditions. The Merchant’s decision in this regard will be final and binding on the affiliate. If required, the affiliate will take all necessary action prescribed by the Merchant or its designated agent to remedy the situation, failing which the Merchant shall be entitled to terminate the Agreement with immediate effect.

The affiliate undertakes to use its best efforts to ensure that the reputation, goodwill and proprietary rights that vest in the Intellectual Property are protected, maintained and wherever possible, enhanced for the ultimate benefit of the Merchant and its licensors.

Marketing Material
Once the license is granted to an affiliate, the affiliate will have access to the intellectual property and the marketing material via the WJAffiliate Programme website, newsletters and Affiliate Managers.

Without detracting from the affiliate’s other obligations in terms of the Agreement, the affiliate agrees to:
A decision as to whether or not the affiliate is complying with its responsibilities in terms of this agreement is left to the sole discretion of the Merchant. The Merchants decision in this regard will be final and binding on the affiliate, and if necessary the affiliate will take all necessary action prescribed by the Merchant or its designated agent to remedy the situation, failing which the Merchant shall be entitled to terminate the Agreement with immediate effect.

It is permissible for the affiliate to design its own marketing material for the sole purpose of sending customers to the Merchant’s websites, subject to the following terms and conditions:

General
The affiliate recognizes that the intellectual property will at all times remain the property of the merchant and/or its licensors. The affiliate recognizes that it has no claim or right of whatever nature in and to the intellectual property, other than those provided in terms of the license.

The affiliate will not do or cause to be done any act or thing contesting, or in any way impairing or intending to impair, any part of the Merchants or the Merchants licensors rights, title and interest in and to the Intellectual Property.

The affiliate shall not in any way represent that it has any rights of any nature in the Intellectual Property, other than those that it enjoys in terms of this Agreement. The affiliate will take all practical steps to ensure that its employees, agents, contractors or representatives are advised of its duties in terms of the Agreement and that it can give full effect to such duties.

The affiliate shall, as soon as it becomes aware thereof, give WJAffiliate Programme, in writing, full particulars of any use or proposed use by any other person, firm or company, of a trade name, trademark or mode of promotion or advertising or any element of the Intellectual Property, which amounts or might amount either to infringement of the Merchant’s rights in relation to the Intellectual Property or to any other form of passing-off.

If the Affiliate becomes aware that any other person, firm or company claims that the Intellectual Property is invalid or that the use of the Intellectual Property infringes any rights of another party or that the Intellectual Property is otherwise attacked or attackable, the Affiliate will immediately give WJAffiliate Programme full particulars in writing thereof and shall make no comment or admission to any third party in respect thereof.

The Merchant and/or its licensors shall have the sole conduct of all proceedings relating to the Intellectual Property and will in their sole discretion decide what action, if any, to take in respect of any infringement or alleged infringement of the Intellectual Property or passing-off or any other claim or counterclaim brought or threatened in respect of the use or registration of the Intellectual Property. The Affiliate shall not be entitled to bring or defend any action for infringement of Intellectual Property, and the Merchant and/or its Licensors shall not be obliged to bring or defend any proceedings in relation to the Intellectual Property if they decide in their sole discretion not to do so.

The Merchant and/or its licensors will throughout the subsistence of this Agreement, at their own expense, maintain all Intellectual Property registrations in force and shall pay all renewal and any other fees necessary for this purpose. Should any of the Intellectual Property lapse or be held to be invalid for whatever reason, this License will continue in respect of the remainder of the Intellectual Property.

6. Duties: WJAffiliate Programme
6.1 WJAffiliate Programme will sign up customers and track their purchases and their play where appropriate. The merchant has the right to refuse customers (or to close their accounts) if necessary, to comply with any requirements that they may periodically establish. 6.2 WJAffiliate Programme will supply the affiliate with such marketing material as is strictly necessary to market and promote the merchant’s websites and products. 6.3 WJAffiliate Programme will track customers' purchases and customers’ wins and losses and will provide reports summarizing this activity. Notwithstanding this, the form, content and frequency of the reports may, at WJAffiliate Programme’s discretion, vary from time to time. WJAffiliate Programme will provide the affiliate with remote online access to reports of customer activity and the commission generated. To gain access the affiliate will need to use the affiliate’s affiliate number and password as provided to the affiliate by WJAffiliate Programme. 6.4 WJAffiliate Programme will facilitate payment of commission from the merchant to the affiliate based on income WJAffiliate Programme’s merchants earn from purchases and play from the affiliates customers after they open an account with the merchant. Payment shall only be made to the affiliate once WJAffiliate Programme has received payment from the merchant. WJAffiliate Programme reserves the right to change payment terms at any time and for any reason. see paragraph 12 below in relation to commission.

7. Duties: Affiliate Partners
7.1 By applying to be an Affiliate Partner of the WJAffiliate Programme, the affiliate warrants that:
7.1.1 The information the affiliate supplies WJAffiliate Programme on registration is comprehensive, valid and truthful;
7.1.2 In the event the affiliate is a juristic person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity; and
7.1.3 The execution of this Agreement by such person, and the performance by the affiliate of the affiliate’s obligations and duties hereunder, do not and will not violate any agreement to which the affiliate is a party or by which the affiliate are otherwise bound.
7.2 The Affiliate hereby accepts the appointment as WJAffiliate Programme’s Affiliate Partner in terms of the provisions of these terms and conditions. The affiliate acknowledges that this Agreement does not grant the affiliate an exclusive right or privilege to assist WJAffiliate Programme in the provision of services arising from the affiliate’s referrals. The Affiliate shall have no claims to Commissions or other compensation on business secured by or through persons or entities other than the affiliate.

7.3 The Affiliate will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes damage to WJAffiliate Programme , its Merchants, its Licensor or Affiliates. WJAffiliate Programme , its Merchant and/or its Licensor has and reserves the right to terminate this Agreement immediately should such activity arise through a person directed to WJAffiliate Programme or its Merchants Websites via the affiliate’s link and to withhold the Commissions payable to the affiliate at any time irrespective of whether such mentioned traffic was directed from the affiliate’s link with or without the affiliate’s knowledge.

7.4 In giving effect to this Agreement the Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.

7.4.1 Any form of spam will result in the affiliates account being placed under review and all funds due to the affiliate being withheld pending an investigation. If the merchant and/or its licensor incur expenses and/ or damages in dealing with spam generated mail or being blocked by third party internet service providers these same expenses and/ or damages will be deducted from the affiliates account should the merchant and/or its licensor seek recourse against WJAffiliate Programme. If this occurs, the amount of such expenses and/ or damages as determined by a merchant and/or its licensor will be deemed fair and final and acceptable to the affiliate. Should these expenses and/ or damages not be covered by funds in the affiliates account WJAffiliate Programme has the right to investigate other alternative means for obtaining payment, for example: should the affiliate’s account have generated purchasing accounts WJAffiliate Programme will hold payment of commission for these accounts until such a time as the account for expenses and/ or damages has been cleared. Should the affiliates account not be active nor be generating profit through commission payments WJAffiliate Programme shall have the right to demand payment from the affiliate.

7.4.2 Should the Affiliate require more information regarding WJAffiliate Programme’s Spam policy, please contact WJAffiliate Programme.

7.4.3 Should the Affiliate wish to report any incidences of spam, please contact WJAffiliate Programme.



8. Confidential Information
Except as otherwise provided in this agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this agreement, business information and technology concerning WJAffiliate Programme or the affiliate, respectively, or any of WJAffiliate Programme’s affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be used, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.

During the term of this agreement, the affiliate may be entrusted with confidential information relating to the business, operations, or underlying technology of WJAffiliate Programme’s merchants and/ or the affiliate Programme (including, for example, commission earned by the affiliate under the affiliate Programme). The affiliate agrees to neither disclose nor allow unauthorized use of the confidential information by third persons or outside parties unless the affiliate has WJAffiliate Programme’s prior written consent and that the affiliate will use the confidential information only for the purposes necessary to further the purposes of this agreement. The affiliate’s obligations with respect to confidential information shall survive the termination of this agreement. An affiliate may not be a party ( whether directly or indirectly) to any fraudulent activity. Within 3 (three) months after the termination of this agreement, for whatever reason, the recipient of confidential information shall return the same or at the discretion of the original owner thereof, destroy such confidential information, and shall not retain copies, samples or excerpts thereof.

Except as otherwise provided in this agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this agreement, business information and technology concerning WJAffiliate Programme or the affiliate, respectively, or any of WJAffiliate Programme’s affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be used, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. During the term of this agreement, the affiliate may be entrusted with confidential information relating to the business, operations, or underlying technology of WJAffiliate Programme’s merchants and/ or the affiliate Programme (including, for example, commission earned by the affiliate under the affiliate Programme). The affiliate agrees to neither disclose nor allow unauthorized use of the confidential information by third persons or outside parties unless the affiliate has WJAffiliate Programme’s prior written consent and that the affiliate will use the confidential information only for the purposes necessary to further the purposes of this agreement. The affiliate’s obligations with respect to confidential information shall survive the termination of this agreement. An affiliate may not be a party ( whether directly or indirectly) to any fraudulent activity.

Within 3 (three) months after the termination of this agreement, for whatever reason, the recipient of confidential information shall return the same or at the discretion of the original owner thereof, destroy such confidential information, and shall not retain copies, samples or excerpts thereof.

9. Security of Information
The affiliate shall conform to any relevant data protection laws in the jurisdiction in which the affiliate is domiciled and any jurisdiction in which the affiliate operates.

10. Money Laundering
The affiliate may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.

It is recorded that some jurisdictions in which WJAffiliate Programme operates have strict laws on money laundering that may impose an obligation upon WJAffiliate Programme to report the affiliate to the federal or local authorities within such jurisdictions if WJAffiliate Programme knows, suspects or has reason to suspect that any transactions in which the affiliate is directly or indirectly involved, amongst other things, involve funds derived from illegal activities or intends to conceal funds derived from illegal activities or involve the use of the affiliate Programme or WJAffiliate Programme’s merchants to facilitate criminal activity.

If WJAffiliate Programme has any knowledge or suspicion envisaged above it may:

11. Commission
Affiliate Partners earn commissions on our specially tailored revenue share model, calculated as:
Gross Profit – Bonuses – Fees – Chargebacks = Nett Casino Profit

All new accounts are automatically based on the following earning potential on Nett Casino profit: 12. Termination of Affiliate License
This agreement can be terminated by WJAffiliate Programme at any time should the affiliate fail to meet its obligations in accordance with this agreement.

Notice of termination shall be given in writing by either party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the agreement shall accordingly terminate with immediate effect.

All rights and licenses granted to the affiliate in this agreement shall immediately terminate. The affiliate must immediately remove any reference to WJAffiliate Programme and its merchants or merchants’ websites, brands or products from its site and disable any links from its site to same. In particular, the affiliate shall immediately remove access to any derivative website established by it.

Upon termination for reasons other than a breach of this agreement by the affiliate, the affiliate shall continue to be entitled for a period of one year to receive commission on the terms and conditions as specified herein. WJAffiliate Programme may withhold the affiliate’s final six monthly payments for up to three months each to ensure that the correct amount has been calculated and paid.

If WJAffiliate Programme continues to permit activity (generation of revenue) from customers directed by the affiliate after termination, this shall not be construed to constitute a continuation or renewal of this agreement or a waiver of termination.

The affiliate will return to WJAffiliate Programme any and all confidential information and/ or customer information, including all copies in the affiliates possession, custody and control and will cease all uses of any of the intellectual property. The affiliate will take immediate steps to transfer ownership to the merchant, of each derivative domain name established by the affiliate, at the merchants cost, not exceeding that incurred by the affiliate on registering the derivative domain name.

The affiliate, WJAffiliate Programme and WJAffiliate Programme’s merchants and their electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this agreement. Termination will not exculpate the affiliate from any liability arising from any breach of this agreement that occurred prior to termination.

WJAffiliate Programme MAY TERMINATE THIS AGREEMENT IF IT IS DETERMINED AT WJAffiliate Programme’s SOLE DISCRETION THAT THE AFFILIATES SITE IS UNSUITABLE.

Unsuitable sites include but are not limited to, those sites that are aimed at children, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights, or are otherwise considered by WJAffiliate Programme to bring WJAffiliate Programme or its Merchants into disrepute or prejudice the interests of WJAffiliate Programme or its Merchants in any way.

12. 1. Sale of business 12.1.1. WJAffiliate Programme recognizes that an affiliate may wish to sell his/ her/ its affiliate business to a third party. WJAffiliate Programme requires an affiliate to recognize and respect that the personal qualities, probity and background of WJAffiliate Programme affiliates is vital to WJAffiliate Programme’s decision to accept a person as an affiliate of the affiliate Programme.

12.1.2 If an affiliate wishes to sell or otherwise dispose of the shares or assets of his/ her/ its affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of his/ her/ its affiliate business) the affiliate shall be required, prior to completing the sale, disposal or transfer, to:
12.2 Death of affiliate
12.2.1 In the event of an affiliate’s death, WJAffiliate Programme shall require that the executor of the deceased affiliates estate (or similarly charged person) furnishes WJAffiliate Programme with certified copies of their authority to act on the deceased affiliate’s estate’s behalf, the deceased affiliate’s death certificate and proof of the deceased affiliate’s beneficiaries’ identities.

12.2.2 The affiliate hereby agrees that WJAffiliate Programme shall be obliged to pay his/ her estate and/ or beneficiaries:

13. Relationship of Parties
The affiliate and WJAffiliate Programme are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The affiliate shall have no authority to make or accept any offers or representations on WJAffiliate Programme’s behalf. The affiliate shall not make any statement, whether on the affiliates site or otherwise, that conflicts with the provisions of these terms and conditions.

The affiliate will not be treated as an employee with respect to the internal revenue code, social security act, federal unemployment acts, or any other federal, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned code and acts.

The affiliate shall not make any claims, representations, or warranties in connection with WJAffiliate Programme or its merchants and the affiliate shall have no authority to, and shall not, bind WJAffiliate Programme or its merchants to any obligations outside of this agreement, unless agreed to in writing by either WJAffiliate Programme or its merchants.

14. Indemnity, Disclaimers and Limitation of Liability
The affiliate shall defend, indemnify, and hold WJAffiliate Programme and its merchants and their electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with: Further, the affiliate will indemnify and hold WJAffiliate Programme harmless from all claims, damages, and expenses (including, and without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the affiliate’s site.

WJAffiliate Programme makes no express or implied warranties or representations with respect to the affiliate Programme, WJAffiliate Programme or commission payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, WJAffiliate Programme makes no representation that the operation of its site (including service and tracking) will be uninterrupted or error-free. WJAffiliate Programme will not be liable for the consequences of any such interruptions or errors.

WJAffiliate Programme will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this agreement or the affiliate Programme, even if it has been advised of the possibility of such damages. Further, WJAffiliate Programme’s aggregate liability arising with respect to this agreement and the Programme shall not exceed the total commission paid or payable by WJAffiliate Programme to the affiliate under this agreement. WJAffiliate Programme’s obligations under this agreement do not constitute personal obligations of its directors, officers, consultants, agents or shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

15. Miscellaneous
This agreement will be governed by the laws of Curacao, Netherlands Antilles, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Curacao, Netherlands Antilles and the affiliate irrevocably consents to the jurisdiction of its courts.

Both parties shall give each other their mutual support in the giving of effect to the spirit, purport and object of this agreement.

The affiliate may not assign this agreement, by operation of law or otherwise, without WJAffiliate Programme’s prior written consent. Subject to that restriction, this agreement will be binding and enforceable against the affiliate and WJAffiliate Programme and the affiliate’s and WJAffiliate Programme’s respective successors and assigns.

WJAffiliate Programme’s failure to enforce the affiliates strict performance of any provision of this agreement will not constitute nor be construed as a waiver of WJAffiliate Programme’s right to subsequently enforce such provision or any other provision of this agreement.

WJAffiliate Programme’s rights and remedies hereunder shall be mutually exclusive, i.e., the exercise of one or more of the provisions of this agreement shall not preclude the exercise of any other provision. The affiliate acknowledge, confirm, and agree that damages may be inadequate for a breach or threatened breach of this agreement and, in the event of a breach or threatened breach of any provision of this agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this agreement shall limit or affect any of WJAffiliate Programme’s rights at law, or otherwise, for a breach or threatened breach of any provision of this agreement, it being the intent of this provision to make clear that WJAffiliate Programme’s respective rights and obligations shall be enforceable in equity as well as at law or otherwise.

Whenever possible, each provision of this agreement shall 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.

This agreement will stay in effect for so long as WJAffiliate Programme makes this service available, unless this agreement is terminated prior thereto as stipulated in these terms and conditions.

WJAffiliate Programme may amend, alter, delete, interlineate or add to any of the terms and conditions contained in this agreement or the commission schedule at any time and at WJAffiliate Programme’s sole discretion, by posting a change notice or a new agreement on its site. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available commissions, fee schedules, payment procedures, and referral Programme rules.

Any amendments, alterations, deletions, interlineations or additions to this agreement or the commission schedule shall be effective immediately upon notice, which may be provided to the affiliate via email or by display on the WJAffiliate Programme website (hereinafter, “notice”). The affiliate’s use of the WJAffiliate Programme website and/ or continued marketing of the merchants websites after such notice is given to the affiliate will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new agreement or commission schedule should this agreement or the commission schedule be replaced in its/ their entirety. Please review this agreement and the commission schedule periodically to ensure familiarity with its most current version.

No purported modifications, amendments, alterations, additions, deletions or interlineations of this agreement or the commission schedule by the affiliate are permitted or will be recognized by WJAffiliate Programme. None of WJAffiliate Programme’s employees, officers or agents may verbally alter, modify or waive any provision of this agreement or the commission schedule.

The parties agree that the merchant and its licensor shall be a third party to this agreement in terms of the contracts (rights of third parties) act 1999. The affiliate acknowledges that it is aware that the merchant and its licensors are relying on the provisions of this agreement and promises made by the affiliate. Accordingly the merchant and its licensors may enforce the provisions of this agreement as if it were a party hereto.

Where this agreement is translated into another language and an inconsistency occurs between the English terms and the translated terms, the English terms will be taken as correct and binding.