Definitions
1. PURPOSE
1.1 This Agreement governs the terms and conditions between the Affiliate and the Company, as identified in Exhibit 1, which are related to the Affiliate Program.
1.2 The Company is in the business of offering marketing, logistical and general support services in connection with the Operators business operations. The Company has entered into an agreement with the Operators of http://www.kto.bet.br/
By completing the Affiliate application to the Affiliate Program and clicking I have read and agree to the Affiliate Terms and Conditions (the Terms) within the registration form, you hereby agree to participate in the Affiliate Program and abide by all the Terms and Conditions set out in this Agreement. The Company reserves the right to amend, alter, delete, or extend any provisions of this Agreement, at any time and at its sole discretion, without giving any advance notice to the Affiliate subject to the terms set out in this Agreement.
The Affiliate shall be obliged to continuously comply with the terms of this Agreement, the general terms and conditions and privacy policies of the website http://www.kto.bet.br/, (also referred to as the Operators website), as well as with any other rules and/or guidelines brought forward from time to time. An agreement between the Company and the Affiliate shall be coming into effect on the date when the Affiliate’s Application is approved in writing by the Company.
2. APPLICATION AND APPOINTMENT AS AN AFFILIATE
2.1 The Affiliate shall apply to join the Affiliate Program by completing the registration form on the website.
2.2 Completion and submission of the registration form shall signify the Affiliate’s acceptance of these Terms and Conditions.
2.3 The information provided by the Affiliate shall be complete and shall include the website address/es or other details of the Affiliate’s Website.
3. AFFILIATE QUALIFYING CONDITIONS
3.1 All information provided by the Affiliate during the Application should be valid and truthful.
3.2 The Affiliate is aged 18 or over (or any other higher age restrictions that may apply to different jurisdictions).
3.3 The Affiliate is competent and duly authorized to enter into legally binding agreements.
3.4 The Affiliate will comply with all applicable rules and regulations in correlation with the promotions.
3.5 The Affiliate fully understands and accepts the Terms of this Agreement and General Terms and conditions.
3.6 Upon enrolment in the KTO Affiliates Program, the Affiliate affirms that their company's operations do not derive from, or are situated within, any of the countries currently subject to sanctions imposed by the EU. For a list of sanctioned countries, please refer to https://www.sanctionsmap.eu/#/main. In addition to this, the Company reserves the right not to pay any earnings generated by individuals or companies located in jurisdictions subject to sanctions.
4. COMPANY’S RIGHTS & DUTIES
4.1 The Company reserves the right to refuse and/or cancel an Affiliate Application or terminate an Affiliate at any time.
4.2 The Company shall provide the Affiliate with required information and marketing material necessary for the promotion of the Affiliate Program.
4.3 The Company shall administer the turnover generated via the tracking links, record the Net Revenues and the total amount payable to the Affiliate, whilst further providing the Affiliate with relevant player statistics.
4.4 The Company reserves the right to refuse the registration of any New Customers, suspend or close their accounts if deemed necessary. This will be at the Company's sole discretion in order to comply with any requirements it considers mandatory.
4.5 The Company shall pay the Affiliate the payment according to the accumulated earnings as calculated pursuant to Section 7.
4.6 The Company may monitor the Affiliate website(s) in order to ensure the Affiliate’s compliance with the Terms and Conditions of this Agreement and the Affiliate shall provide the Company with all data reasonably requested in order to perform such monitoring.
4.7 Should there be instances where players creating an account on the websites have a btag and also use a coupon code provided by a marketing company or an Affiliate, the Company will pay a Commission only to the Affiliate connected with the coupon code irrespective of the btag tracking. This is being done to safeguard against situations where the Company will have to pay multiple CPAs or revenue share for the same player(s).
4.8 The Parties acknowledge that the Company cannot track Referred Players referred by the Affiliate if the Links the Affiliate uses are incorrect. The Affiliate must ensure to copy the code exactly as presented in My Affiliates. The Company will not be held liable to pay fees on any Referred.
Players who are not tracked due to modified tracking codes or links. It is the Affiliate’s responsibility to inform KTO immediately if the tracking link provided is broken or does not work correctly.
4.9 Additional verification checks. Without prejudice to the validation process to be carried out in accordance with the above, the Company may, at its sole discretion, conduct further verification checks at any time during the term of the Agreement and require additional documentation from the Affiliate.
5. AFFILIATE WARRANTIES AND DUTIES
The Affiliate hereby warrants:
A) To use its best efforts to advertise, market and promote the Company as widely as possible and with good business ethics in order to maximize the Parties benefits.
B) To market and refer potential customers at its own risk, cost and expense. An Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and regulations and in accordance with this Agreement.
C) To only use approved marketing material provided by the Company. All marketing material shall not be amended or altered without the prior written consent of the Company.
D) To, at all times, abide by all the relevant advertising and/or marketing rules, legislation and guidelines issued by the competent authority of the country in which the Affiliate intends to advertise, market and promote the Company, as well as the Gaming Authorities as prescribed within the license requirements.
E) To comply with the Brazilian Advertising Self-Regulation Code, particularly the provisions of Annex "X" - BETS.
F) To comply with the Company’s Integrity, Ethics, Anti-bribery and Anti-corruption Policy as well as the Anti money Laundering, Financing of Terrorism and financing of the proliferation of weapons of mass destruction policy and Responsible Gambling Policy.
G) To provide all the information for the Know Your Counterparty (KYC) processes that the Company conducts in the framework of the Due Diligence and enhance Due Diligence provisions.to use only Links provided within the scope of this Agreement. The Affiliate is responsible for checking the Links provided.
H) Where applicable, Affiliate must obtain, maintain, and comply with all licenses that an Affiliate may require in order to fulfil their obligations depending on the local law and jurisdiction where such Affiliate operates.
I) In order to conduct additional verification checks, upon the Company’s request, the Affiliate shall provide, within fifteen (15) calendar days, of receipt of such request – a copy of a valid identity document together with a proof of address (e.g. utility bill or bank statement) or, in case of a legal entity, a copy of the act of incorporation together with the memorandum & articles of association as well as any other document that we may consider necessary at the Company’s sole discretion. In the event that the Affiliate fails to the request information or documents, in addition to the remedies set forth in clause 9.2, the Company reserves the right – with respect to the relevant target country and until the requested information or documentation is fully provided – to not consider, during the intervening time, the customers directed to KTO Group Websites as valid New Customers under the Agreement and to temporarily withhold them from the Affiliate Account. In such case the Affiliate shall not be entitled to claim any potential Commission that might have otherwise accrued in relation to the target country and the suspended New Customers during the intervening time.
J) Affiliates based outside of Brazil who wish to initiate or resume their cooperation with the Affiliate Program understand and accept that they will bear all applicable withholding taxes, including any fees incurred by the Company.
5.2 The Affiliate warrants, undertakes and represents that they shall not:
A) Intend to be involved in any act that constitutes or can reasonably be expected to constitute fraud or illegal activity, including, without limitation, money laundering activities.
B) Perform any act which is libellous, discriminatory, obscene, immoral, unlawful or otherwise unsuitable or which contains sexually explicit, obscene or graphically violent material. The Affiliate shall not advertise (or cause to be advertised) the Company’s Website on any sites which may, in any manner, be considered to be obscene, immoral, unsuitable or are otherwise blacklisted.
C) Present its own websites in any way that might evoke any risk of confusion with the Company and/or convey the impression that the Affiliate websites are partly or fully originated by the Company.
D) Allow the targeting of any jurisdiction where gambling and/or the promotion thereof is unlawful and/or illegal. The Affiliate shall not be eligible for any Commission earned in illegal jurisdiction.
E) Send spam or unsolicited mail. All email and SMS marketing has to be fully compliant and always include the “unsubscribe” option. In the event the Company receives any complaints from customers about spam, the Affiliate may be required by the Company to provide proof that the opt-in function has been provided to the customer. Without prejudice, the Company reserves the right to terminate the Agreement as provided under clause 7.3.G of this Agreement.
F) Register as a player or making deposits directly or indirectly to any player account through their tracker(s) for their own personal use and/or the use of its relatives, friends, employees or other third parties, or in any other way attempt to artificially increase the amounts payable, or to otherwise defraud the Company. Any form of incentivized traffic is strictly forbidden.
G) Promote the Company through Popups, pop-unders and cookie dropping. Media sources/websites shall not contain libelous, discriminatory, obscene, unlawful or otherwise unsuitable material such as commercial misleading or aggressive content, underage gambling, pornography, hate speech, racism, misogyny, bigotry, violence, or use of firearms or other material that falls into another similar category (if any).
H) To purchase or register keywords, search terms or other identifiers for use in any search engine advertising, portal, sponsored advertising service which are identical or similar to any of the Operator Websites and trademarks, trade names or otherwise, including the word “KTO” or variations thereof. The Affiliate is required to add negative keywords when using paid online advertising. The following keywords and their variations must be added as negative keywords: “KTO” “KTO Offers” “KTO Welcome Bonus”.
I) To use any of the Operators Websites’ trademarks, trade names or otherwise include the terms “KTO” or variations that are confusingly similar, in Affiliate URLs. Brand names may not be used in a derivative URL or subdomain.
J) Create any applications or internet pages falsely representing the Company in any way, shape or form on any social media channels.
K) Encourage, advise, or coordinate betting on a single outcome in relation to a product. If fifty per cent (50%) or more of the Affiliate’s Referred Players bet on a single outcome in relation to a product, this objective situation shall be considered a breach of this Agreement with the respective consequences as provided herein.
L) To share nor allow to use their private login details for the Affiliate Program with anyone else.
M) to pursue any link building strategies to promote non-compliant/ infringing content on your Affiliate websites and/or social media pages. Any attempt in restricting KTO access to viewing Affiliate’s content is prohibited and may result in immediate action taken on your Affiliate account. For avoidance of doubt, the use of any other methods in order to mask and misdirect website tracking tools/ KTO auditors, and/ or the utilization of bridge pages (websites whose sole purpose is to drive traffic to another site), link schemes (a technique to manipulate links to the content, or a certain domain), hidden texts/ links (a technique to hide text and links from the site visitor) and/ or keyword stuffing (technique to manipulate site ranking by stung the page with irrelevant keywords) is strictly prohibited.
5.3 The Affiliate acknowledges and agrees that the New User(s) and the customer database shall belong to the Company and warrants that throughout the term of this Agreement and following termination the Affiliate shall not have access to the Company’s customer database.
5.4 The Company reserves the right to request the Affiliate to immediately remove any promotional material which may be brought to its attention and which it deems, in its sole absolute discretion, to be in breach of any relevant advertising and/or marketing rules.
5.5 The Affiliate represents and warrants that the Commission includes all taxes and Admin Fees, and there will be no additional charges for these concepts.
6. RELATIONSHIP OF PARTIES
6.1 The Affiliate and the Company are independent companies and 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 Company’s behalf.
7. COMMISSION AND PAYMENT
7.1 Revenue Share Plan:
A) The Company shall pay the Affiliate a Revenue share based on the Revenue generated from New Customers referred by the Affiliate. New Customers are customers with no previous activity with the Company and who registered on the Operator Website.
B) Details of the Commission Structure can be found on the Affiliate Program website.
C) If the balance due is less than the minimum threshold, it shall be carried over to the following calendar month and shall be payable when the accrued balance exceeds the stipulated minimum threshold. These are tracked through the third party Affiliate software.
7.2 CPA Payment Plan
A) In accordance with the CPA payment plan, an Affiliate will receive a one-off payment for every new depositing customer.
B) The Company reserves the right to determine whether to continue the campaign, amend pricing, or renegotiate the volumes and/or CPA amounts. Any activity considered fraudulent, or any suspicion of fraud is considered noncompliant. The Company reserves the right to terminate the Affiliate’s participation in the program with immediate effect.
C) The Company reserves the right to change the CPA Deal at any time. The Affiliate will be informed about this change immediately.
D) Unless agreed otherwise between the Parties in writing, the first fifty (50) Referred Players under the CPA deal are to be seen as a test phase in which KTO will assess the quality of the Referred Players. After the test phase has been completed, the Company shall, in its sole discretion, determine whether to continue the campaign, amend pricing, or renegotiate the volumes and/or CPA amounts.
E) Unless agreed otherwise between the Parties in writing, any deals made on a CPA model or a Hybrid model have a standard deposit baseline of sixty Reais (R$ 60). This is accumulative for an infinitive period of time.
7.3 Payment
A) The commission is calculated on a monthly basis and is paid within 15 days of the end of the calendar month in which the Commission was accrued and invoiced. Minimum threshold is applied and the Commissions under the threshold will be paid when the minimum threshold is exceeded.
B) The Company shall not be liable for delayed payments due to any unforeseen reasons. The Company makes every reasonable effort to make payments due to Affiliate in a timely manner. However, the Company shall not be liable for any delays or delays that the Company has no control over. For example, changes to the Affiliate notification channels or bank details that the Affiliate has not duly notified, may cause a delay of up to 60 days in making any outstanding payments. If you find that your payments are overdue, please contact us immediately and we will try to resolve the matter as soon as possible.
C) If the Company cannot execute payments due to reasons enlisted above for a period of up to six (6) months, the Company will use reasonable efforts to contact you via the contact details you last provided in writing to the Company to obtain alternative payment information. If, after this period of time, we are still unable to complete the payments, we may close or suspend your account.
D) In case of any discrepancies in the Commission calculations and all payout the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.
E) Any chargebacks will be deducted from future payments to the Affiliate. The Company does not pay for duplicate players i.e., a customer who already exists within the database.
F) In case of fraud, non-compliance or suspected fraud the Company reserves the right to terminate the Agreement with immediate effect and withhold any Commission accumulated on Affiliate’s Account.
G) The minimum payment threshold is one thousand two hundred Reais (R$1.200). In case your monthly earning balance does not trigger this amount, it will be carried over to the following month. Furthermore, all invoices must be sent in the Brazilian Reais (BRL) currency.
H) If either Party disagrees with the balance due, it shall notify the other Party within fifteen (15) days and state the reasons of the disagreement. The disputed amount shall then be compared by the Company to the reports offered in the KTO’s Affiliate account system and the KTO’s database, and the final amount payable shall be as per the figure reported on the database.
7.4 Dormant / Inactive Accounts
A) KTO encourages an active Affiliate Program and for the benefit of all Parties KTO reserves the right to review and take action on any partners that have been inactive for more than 12 months.
B) At any time where three (3) calendar months have passed without the Affiliate directing at least one first time depositor to the site, the respective KTO party shall be entitled, in its discretion, to prospectively adjust the rate of the Affiliate Remuneration. The Affiliate will be given 24- hour notice before this change applies.
C) If the Affiliate account is unused for withdrawals, or is otherwise inactive (such inactivity may include, for example, the Affiliate not logging into his/her account), for a period of at least six (6) months, it will be deemed an “Inactive Account”. The respective KTO party shall notify the Affiliate that its account is an Inactive Account and that the Inactive Account Fee will be deducted if the Affiliate does not reactivate its account.
D) In the event an Inactive Account Notice is sent to the Affiliate , the respective KTO party shall be entitled to retain fifty percent (50%) of the total balance remaining on the Inactive Account (“Inactive Account Fee”) after fourteen (14) days have elapsed from the date of such Inactive Account notice. Following such retention, the Affiliate’s account will be closed, and this Agreement will be terminated.
E) Any unclaimed Affiliate payments shall be written off within twelve (12) months from when such amount becomes due. The Company reserves the right to suspend any Affiliate account that does not respond to correspondence sent by the Company to the relevant Affiliate’s registered account contact details within 3 months of the initial unresponsive correspondence, with the exception of matters related to due diligence and/or compliance.
8. LIABILITIES AND INDEMNIFICATION
8.1. Each Party agrees to defend, indemnify and hold the other Party and its successors, officers, employees, agents, directors, shareholders and attorneys, free and harmless from and against any and all claims, fines and liabilities, including reasonable legal and expert fees, related to or arising from:
8.1.1. By the Affiliate:
8.1.2. By the Company,
8.2. Affiliate performance is tracked through a 3rd party software. The Company cannot be held responsible for any issues regarding the performance of the software.
8.3. The Company’s total liability shall not exceed the sum of all monies paid to the Affiliate for a period up to a maximum of six (6) months prior to the date on which the liability occurred.
9. TERMS AND TERMINATION
9.1 The term of this Agreement will commence on the date of approval by the Company of the Affiliate registration in accordance with Clause 2 and shall continue until terminated on notice by either Party.
9.2 Either Party may terminate the Agreement at any time. Any non-compliant, illegal, or breaching activity will result in immediate termination without any notice.
9.3 Any breach of the Company's Ethics, Anti-Bribery, and Anti-Corruption Policy, as well as its Anti-Money Laundering, Financing of Terrorism, and Financing of the Proliferation of Weapons of Mass Destruction Policy, shall be deemed a material breach, leading to the immediate termination of this Agreement without prejudice of the indemnities it might apply.
9.4 This Agreement may also be terminated if either Party is declared bankrupt or insolvent by court order or if any bankruptcy or insolvency proceedings are commenced against the other Party or in the event of any similar situation indicating that the other party becomes insolvent.
9.5 The Parties hereby agree that on termination of this Agreement
A) The Affiliate must remove all references to the Company website from all Affiliate activity.
B) All rights granted to the Affiliate under this Agreement shall immediately terminate and the Affiliate shall cease the use of any Intellectual Property Rights vested in the Company and the Company website.
C) The Affiliate will only be entitled to Payment up to the date of termination subject to payment clauses, if possible.
D) Caused by non-compliant activity may result in withholding any Commission as a compensation for damages resulting from such activity.
E) The Affiliate must return to the Company any and all Confidential Information (and delete originals, all copies and derivations thereof) in the Affiliate possession, custody and control.
F) The clauses 10, 11 and 12 remain in full effect.
10. DATA PROTECTION
10.1 The Parties hereby declare and agree that each shall independently be responsible to comply with Data Protection laws when processing personal data, including but not limited to the LGPD rules and requirements.
10.2 Each Party notifies the other that personal data (as defined by the LGPD) pertaining to the other or to the other Party’s employees (if any) may be collected and shall be utilized solely in the context of, and only, when necessary, for the performance of this Agreement or in the pursuance of any legal obligation or legitimate interest.
10.3 Your data will be stored for the duration of the Agreement and following the termination of the Agreement, your data will be stored in line with the requirements laid down by the applicable laws and in order to establish, defend and/or exercise legal claims.
10.4 The Affiliate shall be responsible to and shall inform any users about cookies as well as any tracking technology that will be installed on the users’ device when the user clicks on the Links, and provide the user with an option to reject such installation.
11. CONFIDENTIALITY
12.1 All information, including but not limited to business and financial, lists of customers and buyers, as well as price and sales information and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Company shall be treated confidentially.
Such information must not be used for any activity outside the purpose of this Agreement.
12. INTELLECTUAL PROPERTY
12.1 Nothing contained in this Agreement will grant either Party any right, title to or interest in the Intellectual Property Rights of the other Party. For the avoidance of doubt, nothing in this Agreement shall constitute any license, assignment, transfer or any other right to any Intellectual Property Rights. It is understood that the Affiliate only has a right of use of the approved marketing materials provided by the Company.
12.2 All Intellectual Property Rights created and/or deriving from this Agreement, (including, but without limitation, advertising materials, databases and personal data) shall be and become the sole property of the Company without any rights to the Affiliate.
12.3 At no time during or after the term of this Agreement shall a Party attempt, challenge, assist or allow others to challenge or to register or attempt to register the Intellectual Property Rights or any rights similar to the Intellectual Property Rights of the other Party or of any group companies of the other Party.
12.4 The Company grants to the Affiliate a non-exclusive, revocable, royalty-free license to use the Company Materials for the duration of this Agreement solely for the purposes of performing the Affiliate Services. Except as provided in this Agreement or by law, the Affiliate shall not be permitted to copy, modify or reverse engineer the Company materials.
12.5 The licensed intellectual property may not be sub-licensed, assigned or otherwise transferred by the Affiliate to any third party without The Company’s prior written permission.
13. GOVERNING LAW & JURISDICTION
13.1 The validity, construction and performance of this Agreement and any claim, dispute or matter arising under or in connection with this Agreement or its enforceability shall be governed and construed in accordance with the laws of Brazil. The Parties irrevocably submit to the exclusive jurisdiction of Santa Cruz Do Sul, Rio Grande Do Sul, Brazil courts over any claim, dispute or matter under or in connection with this Agreement and/or its enforceability. The language of the proceedings shall be Portuguese unless otherwise agreed between the disputing Parties.
14. CHANGES TO THIS AGREEMENT
14.1 The Company reserves the right to, at any time and at its sole discretion, with or without giving any prior notice to the Affiliate, amend, alter, delete or add any of the provisions of this Agreement. If applicable, a written notice of the amendments will be sent to the Affiliate’s registered email address and such notice will be deemed to be served once sent by the Company. The Affiliate’s continuing participation in the Affiliate Program after any amendments or modifications have been made public will be deemed as the Affiliate’s acceptance of the new terms and conditions.
15. NON-WAIVER
15.1 Company’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of Company’s right to subsequently enforce such provision or any other provision of this Agreement.
16. SEVERABILITY/WAIVER
16.1 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.
17. FORCE MAJEURE
17.1 Neither Party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to, labour disputes, strikes, industrial disturbances, acts of God, acts of terrorism, floods, lightning, utility or communications failures, earthquakes or other casualty. If such an event occurs, the non-performing Party is excused from whatever performance is prevented by the event to the extent prevented, provided that when the force majeure event ceases, such non-performing Party shall inform the other and resume its obligations pursuant to this Agreement.
18. HIGH ROLLER POLICY
18.1 If the aggregate Net Revenue for the Affiliate, in that month, for a Merchant Brand is negative sixty thousand Reais (R$ 60,000) or greater, then the High-Roller policy as set out hereunder, will apply.
18.2 The negative Net Revenue generated by the High-Roller will be carried forward and offset against future Net Revenue generated by that High-Roller.
18.3 The negative balance carried forward cannot be greater than the total aggregate negative Net Revenue for that Brand on the Affiliate Account for the previous month.
18.4 The negative balance of a High-Roller will be reduced by future positive Net Revenue that they generate in subsequent months.
18.5 A negative balance will not be increased by future negative Net Revenue unless the HighRoller meets the qualifying criteria in subsequent months.
19. MISCELLANEOUS
19.1 In case of any discrepancy between the meanings of the English version of this Agreement and any non-English translation of this Agreement, the English version shall prevail.
19.2 Should one of the contractual provisions in this Agreement be or become invalid or unenforceable, such provision will be replaced by one which shall come as close as possible to the commercial purpose of the void provision. All other provisions of this Agreement shall continue in full force and effect.
19.3 Any notice given or made under this Agreement to the Company shall be sent by email to Affiliates@KTO.com. The Company shall send all notices by email to the email address supplied by the Affiliate in the Affiliate Application.
19.4 Unless otherwise expressly agreed, this Agreement shall constitute the entire agreement and understanding superseding any agreement between the Parties. In case of conflict between this Agreement and any other agreements entered into between the Company and the Affiliate, the contents of this Agreement shall prevail. Each Party acknowledges and agrees that by entering into this Agreement, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether Party in this Agreement or not) other than as expressly set out in this Agreement. Nothing in this article shall operate to limit or exclude any liability for fraud.
19.5 The Affiliate is to be aware that any operation from its end which runs counter to this Agreement may result in consequences for the Affiliate itself, for the company, or for both Parties, including without limitation, fines, penalties, breaches of license conditions and ability to do business, as well as potential civil and criminal action against the Affiliate or company by the respective authorities.
19.6 It is the Affiliate’s duty to review this Agreement periodically to ensure familiarity with its most current version.
EXHIBIT 3
CODE OF CONDUCT
1. The Affiliate acknowledges that KTO may not wish the KTO’s brands, including but not limited to trademarks, logos, copyrights, slogans and other related Intellectual Property content, as well as the products, applications and /or promoted sites (collectively, the "Mark") are placed physically or digitally next to content that promotes underage gambling, pornography, hate speech, racism, misogyny or bigotry, violence or the use of firearms, contains obscene language or falls into another similar category (if any).
2. The Affiliate will comply with the Guidelines regarding the placement and use of the KTO’s trademark in relation to all Services and products under this Agreement.
COMMERCIAL PRACTICES:
3. The Affiliate shall adhere to fair commercial practices in accordance with the principle of good faith, avoiding any misleading of customers. This includes refraining from making false or deceptive statements that may generate inaccurate ideas or opinions about KTO services. Additionally, the Affiliate must abstain from engaging in aggressive advertising tactics that manipulate customers into purchasing offered services without exercising proper judgment.
4. The Affiliate shall ensure that neither it nor any other individuals providing services or supplying goods on its behalf in connection with this Agreement engage in any act that constitutes work analogous to slavery, induces prostitution in any way or the use of child labour.
5. Any breach of the provisions contained in Exhibit 3 shall be deemed a material breach of this Agreement.
EXHIBIT 4
PROVISIONS ON BETTING ADVERTISING
1. As it involves disclosure with restrictions and inappropriate content for certain audiences, advertising related to the Services must be structured in a socially responsible manner, as provided by law.
1.1 The Affiliate is prohibited from encouraging exaggeration or irresponsible gambling.
1.2 The Affiliate shall provide the Services with the aim of protecting minors, adolescents and other vulnerable groups.
2. Advertisements must be easily identifiable and recognizable, being clearly and explicitly mentioned with expressions such as "advertising", "paid partnership" or similar.
3. Advertisements must clearly indicate KTO, the identification of the authorization/license in accordance with current regulations, access to contact details and the customer service channel.
4. Advertisements for the Services must contain a truthful presentation of what is offered, and refrain from:
5. The advertisement must provide an access channel for complete information about the product (by website, hyperlink or QR Code).
6. The content linked to the Services is not aimed for minors and adolescents:
7. The Affiliate shall refrain from:
8. The Affiliate shall include a standardized warning message, with legible, clear and prominent information, which may be one of the following phrases:
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