TERMS AND CONDITIONS FOR PUBLISHERS

 

These terms and conditions (“The Agreement”) set out the Agreement between Kalima Marketing Ltd., a company registered under the laws of Malta and has its registered office at Level G (Office 1/0557), Quantum House 75, TA’ XBIEX XBX 1120, Malta (hereinafter referred to as “Kalima,” “Company,” “us,” “we” or “our”) and the person set out on the registration page (hereinafter referred to as “Affiliate,” “you,” “your” or “Publisher”).

The T&Cs set out below are applicable once you register and confirm your details in the registration process on Kalima Website. Registering an Account with us implies that you have read, understood, and agreed to these T&C. By using our Website and the services we provide, you agree that you have accepted and agreed to the contents of this Agreement. We advise you to read and understand T&C before you start your registration process with us.

The Kalima team wishes you a warm welcome and thanks for using Kalima Affiliate Network. According to this Agreement, you are legally bound by this Agreement; by applying for an account with Kalima Affiliate Network, the Affiliate agrees to be bound by this Agreement and its terms.

This Agreement is binding from the moment you have agreed and opted-in to use our services. We, as a Company, shall evaluate every application hereby submitted and notify the Affiliate in writing whether we accepted your application. We reserve the right to refuse any registration at our sole and absolute discretion.

  1. PURPOSE AND SCOPE

Affiliate has engaged, through this Agreement, to perform services concerning referring potential customers to Merchants websites operating with Kalima Affiliate Network.

Definitions:

Affiliate means a natural or legal person who has registered an account with Kalima Affiliate Network.

An affiliate site is a site that is operated by the Affiliate to direct Players to Merchants.

Applicable law means regulations, statutes, codes of conduct, guidelines, local, national, or international, which are legally binding on the parties.

Commission means the Commission earned in connection with lawful affiliate marketing activities.

Fraud or Fraudulent actions mean an act or omission which is, in the sole discretion of Kalima Affiliate Network, committed by the Affiliate or a Player referred by the Affiliate to obtain actual or potential unlawful profit.

Costs related to Fraud means any costs or damages arising from fraud or fraudulent actions.

Referred Player means a player who has accessed products promoted by the Affiliate.

Sub-Affiliates means an individual or legal entity referred to Kalima Affiliate Network by the Affiliate, intending to drive traffic to merchants’ websites.

Spam, or unsolicited or intrusive advertising means irrelevant or unsolicited messages sent over the Internet, most often to many users, for advertising, phishing, spreading malware, etc. This shall include not having needed opt-in or opt-out before sending any communications.

  1. REGISTRATION

To use our services and Website, you must register. In the registration process, you are obligated to provide us with current, accurate, and genuine personal data. The information you provided in your Publisher application is correct and up-to-date, and you will update it as required to ensure the data is current and accurate at all times. Any actions to conceal, hide or change identity or use marketing methods in any way will result in penalties as per this Agreement and the potential closure of your account.

Our registration process may include various documentation to verify your identity as the precondition to accepting your application. We want to provide a safe business environment and prevent as many risks identified with money laundering and/or terrorist and/or criminal activities and or other illicit activities as possible.

For the said purpose, we hold the right to ask you to provide specific documentation that may include the following:

  • for individuals, a copy of the passport and / or ID card and a copy of the recent utility bill
  • for businesses and the company’s certificate of incorporation and / or other relevant company documents 
  • information and supporting documentation regarding the identity of the company’s authorized signatories, representatives, and ultimate beneficial owner/s


From time to time, we may ask you for additional documentation and proof if necessary.

We guarantee that all personal information provided to us is to ensure a safe environment and prevent any fraudulent, illegal activities.

If, in any event, we believe that contact information, personal details, or identity might be inaccurate or falsified, we reserve a full right, at our sole and absolute discretion, to suspend such an account.

We will not provide due diligence documents or personal data to any third parties, including the Operators, unless such request is required by law or the Publisher himself gives consent.

We treat your information and personal data as highly confidential and assure you that we manage such information following the Privacy protection laws and our Privacy Policy.

Referrals

When an already existing account refers to another affiliate, this should be made to introduce new, unknown affiliates to Kalima. Any “refer a friend” referrals on new accounts to affiliates already known to have an account with us will be removed or suspended by the management.

It is not allowed to use our Referral program to refer accounts owned by the same organization, same ultimate beneficial owner, and/or family members.

We reserve the right at our sole and absolute discretion to retract and modify the Referral program at all times. 

Our referral commission is up to 5% for all affiliates and can only be adjusted on a case per case basis.

Secure Account

You are responsible for securing your account and not disclosing any information to any third parties. Kalima is not responsible, in any way, if a third person accesses your account and if that results in loss or transactions made by unauthorised third parties. By accepting our Terms and Conditions, you acknowledge your awareness of the risk of your account being hacked or compromised by a third party despite our security measures.

If you have any suggestions, questions, or requests, don’t hesitate to get in touch with us at [email protected]. 

A legal representative is a person who has the legal authority to enter and accept on behalf of the company or personal account (such representation and authorisation must be made by a person who has actual authority to enter binding agreements on behalf of the company and has authority to manage the business of the company, being a director or having a power of attorney issued by the legal representatives of the company or the person in question). A legal representative of the company shall only operate the account. Suppose another representative is to receive access from the Affiliate. In that case, the Affiliate is aware that such a representative will have the right to amend payment details or any other sensitive information within the account. Therefore, the Affiliate agrees that he/she will be held responsible for any changes affected by other instructed representatives.

  1. RIGHTS AND OBLIGATIONS OF KALIMA

The Company reserves the right to refuse any affiliate applicant or close any account of current affiliates if, in its sole discretion, it is necessary to comply with applicable law, the Company’s policy or license, and/or to protect the interest of the Company and/or its partners.

Your registration with us should not mean that we have granted you a right to market or promote in any way the programs/services made available by us on behalf of the Advertiser. You will need our official approval before you can make use of such programs/services. Continuously you, as a Publisher, need to keep yourself updated on any changes occurring in the industry, which may result in any limitations on the promotions you affect. You are obligated to continuously review and keep aware of any new restrictions introduced by the operators before starting any operations and/or your current dealings.

Suppose the Affiliate is in breach of this Agreement besides closing the Affiliate’s account. In that case, the Company may take any other actions permitted by the applicable law to protect its interest and/or its partner’s interest.

We reserve the right to close the account if there is reasonable suspicion that the Affiliate is abusing or manipulating deals or competitions or for any other reason which may be restricted from time to time by the company, authorities, operators, and any other relevant parties.

We shall audit you and monitor your month-to-month performance and activity in general for our compliance purposes. By accepting our T&C, you agree to provide us with any reasonably requested information to investigate following compliance procedures that we carry out internally and according to law.

The Company reserves the right to terminate a relationship established by you and Kalima. If the termination of a relationship occurs, we will inform you accordingly. Your earnings will be paid in the shortest possible time if there are no suspicions of any potentially fraudulent or prohibited activities.

  1. PAYMENT AND CALCULATION OF COMMISSION

The Commission shall be calculated around the 10th, and a payout will be executed between on the 15th of the following month, provided that the amount due exceeds € 100 (hundred euros).

In case when the amount is below €100, it will be transferred over to the next month or until the €100 threshold has been met. However, you can set a bigger threshold at any time.

Delays in the payment may occur due to unexpected situations, inspections rendered by the company, missing information, or extraordinary decisions taken by the management of the Company. 

At all times, we will do our best to pay you on time, but at no point will we be liable in any manner whatsoever for late payments due to third-party actions, technical issues, or any other circumstances that may have been unforeseen.

In the case where an account is not authorised either through due diligence documentation not provided by the Affiliate or in the case of suspicion of fraudulent or incorrect trading through our company or directly with our operators, we reserve the right to take the following actions:

  • Pause payments due to suspicion of fraudulent or illegal activities carried out by the Affiliate
  • Transfer the payment over to the next month due to unsubmitted documentation.
  • Cancel the payments attributed to the Affiliate due to unlawful, prohibited, or fraudulent activities.


Kalima has broad discretion to make extraordinary decisions regarding payments when illegal activity is suspected.

In the case of any legal changes or decisions taken by the Operators which may arise to a monetary effect on the Affiliate’s account held with Kalima, the Affiliate will indemnify the company on any potential losses. We will advise the Affiliate on the reasons for such losses. We suggest that the Affiliate keep themselves notified and updated on any legal changes and changes in the T&Cs and other operators’ policies to avoid potential losses or disputes. 

We will notify affiliates via the News section of the Affiliate Back Office of any changes to terms we receive from Operators. It is the Affiliate’s responsibility to log in regularly and read the news to keep themselves up to date with changes and make necessary changes to comply.

Under no circumstances will we be liable for the news published.

Kalima is not responsible for the operators’ actions, defaults, and non-payments. Nevertheless, we will do our best to resolve any arising issues.

To ensure that the payments are processed on time, Affiliates are required to enter their payment information on their account. Only affiliates are responsible for such information and its validity. We will not contact you to inform you to update your payment details. We will not be liable or accountable for your failure to upload your details or correct details.

When registering with Kalima, the base currency is EURO (€).

  1. MARKETING MATERIALS


Kalima Affiliate Network will make all necessary efforts to source from Operators correct and accurate marketing materials, for each brand offered by them, and supply it to its Affiliates.

The Company will not be liable for any incorrect advertising materials provided by the operators and/or any outdated materials at the time of publishing.

The Publisher is required to monitor any changes in the advertising materials closely. If such material is expired, the publisher needs to remove such material. The usage of expired materials may result in an inaccurate advertisement that may lead to complaints, loss of revenue, and legal consequences.

The Affiliate will not use the provided materials on controversial, rude, inappropriate, or adult-themed websites. If found to be doing so, The Company reserves the right to request the removal of all materials and, where necessary, close the affiliate account.

Affiliates may only advertise on approved websites depending on guidelines provided by the Operators to Kalima and can only use adult/torrent/incentivised/pop-ups if explicitly agreed with Kalima. We will not tolerate any incentivised traffic; therefore, such actions will not be accepted and might result in withheld Commission or even blocked accounts.

The Affiliate agrees to comply with intellectual property laws and not infringe any brands or Merchants’ rights. The Affiliate understands and agrees not to purchase or register/bid keywords, search terms, or other identifiers for use in any search engine, portal, sponsored advertising service, or different search or referral service which are identical or similar to any of the promoted operators or brands operated by them, Kalima will, when available, provide lists of such keywords. Nevertheless, the Affiliate is solely responsible for carrying out its activities diligently. Moreover, in pay-per-click advertising (“PPC”), the Affiliate shall not include meta tag keywords in PPC promotions that are identical or similar to any trademarks or trade names of the operators or their operated brands. Affiliate shall not have the brand name or any word identical to the name/domain name of the operators’ websites or any other websites or applications owned and/or operated by the operators or any brand that the Affiliate is promoting through the Kalima network.

The affiliate agrees to comply with all legal requirements and all marketing laws in different jurisdictions. The Affiliate at all times shall include information about T&C applicable to promotion (with a link to T&C’s where applicable) and any other reasonable gambling requirements depending on jurisdiction (e.g., “18+” or references (hyperlinks) to responsible gambling websites). The affiliate is solely responsible for adhering to all legal requirements from time to time sent by Kalima or as made available on the operator’s websites. Kalima closely monitors affiliate websites and might request to implement necessary changes, and the Affiliate is obliged to do so. The defiance by the Affiliate may lead to temporary or permanent suspension of the account.

  1. RESPONSIBILITIES AND OBLIGATIONS OF THE AFFILIATE


The Affiliate shall not:

  • Actively target any person under the legal age for gambling, according to Applicable Law in the jurisdictions where all parties (Player/s, Operator/s, Affiliate) are based.
  • Actively target any jurisdiction where such promotions are illegal.
  • Incentivise potential customers to sign up to casinos to share or benefit from a CPA, Hybrid payment, Affiliate promotional prize, or any other source of remuneration, reward, or incentive. Kalima reserves the right to delay and review any payments if there should be any suspicion of false or fraudulent traffic, especially concerning CPA deals and monthly promotions.
  • Be engaged in any spamming activities (e,g, by using emails, SMS, and other communication channels)


Affiliate is obligated to:

Abide by the guidelines of the Company and the Operators, as posted on the The Company’s Website or the Operators’ Websites, as applicable, or sent to the Affiliate from time to time and/or accessible online.

Use its best efforts to actively, effectively, and compliantly perform the Marketing Activities as widely as possible to maximize the benefit to the Parties.

Conduct the Marketing Activities and refer potential players to the Operators’ Websites at their own risk, cost, and expense. All Affiliate’s Marketing Activities must be proper, professional, and lawful under applicable laws and regulations, under this Agreement, and the operators’ guidelines. The Affiliate will be solely responsible for its marketing activities’ distribution, content, legality, and manners.

If a promotion winner is determined as delivering low player value (average player deposits of 10 to 20 euros per Player) or non-returning depositing players, then Kalima Affiliate Network shall reserve the right to delay and review any payments and withhold or cancel any promotion winnings to such affiliates.

  1. ACCOUNT CLOSURE


You may close your account at any time. You may contact us directly at [email protected].

Closure of the account will result in no further payments being distributed.

 

  1. SPAM, PARASITES, ADWARE, SPYWARE, ETC.


By accepting our T&C, you explicitly agree that you will not use Adware, Spyware, or any other method of manipulating traffic to generate such traffic. You are bound by this Agreement not to use practices listed herein. We prohibit such actions unless we have a secondary agreement between you and us. Such practices include Spamming SMS/Text Messaging, Pirated Content locking, and Social Phishing/Spamming.

We have zero tolerance for sending spam and unsolicited emails, and Kalima prohibits using third-party, purchased, rented, or harvested lists. Any Affiliate account that is found to be sending spam will be closed immediately and subjected to possible legal action.

If you violate these terms, we reserve the right to suspend or remove your account, with a prior given notice in any way that may be appropriate by the law.

 

  1. LIMITATION OF LIABILITY


In addition to the limitation of liability appearing in any other provision, The Company is not held liable to the Affiliate for any of the following losses or damages:

Incidental, indirect, or consequential damages of any kind; 

  • Loss of business, profits, revenue, contracts, or anticipated savings; or
  • loss or damage arising from loss, damage, or corruption of any data;
  • The provisions of this Agreement allocate the risks between The Company and The Affiliate, and The Affiliate agrees and acknowledges that The Company’s services reflect this allocation of risk and the limitations of liability;


Kalima will not be held liable for any direct/indirect or special/consequential damages (or loss of profits, revenue, or data), any loss of goodwill or reputation arising in connection with the Affiliate and Agreement with the Affiliate even if we have been advised of the possibility of such damages.

You agree to indemnify Kalima against all liabilities, costs (including, but not limited, all reasonable legal costs), claims and demands to Kalima whatsoever arising as a result of a breach of the obligations, laws, warranties, representations, undertakings, and Privacy Policy made by the Affiliate.

Affiliate agrees that Kalima will bear no responsibility for activities or any other conduct of the Affiliate regarding the cooperation.

The Affiliate is liable to Kalima for any damage caused as a result of unacceptable conduct during the cooperation (e.g., the use of materials not approved by Kalima), incentive traffic and sending unsolicited messages, the statement of untrue information, causing harm to the excellent reputation of the Company, etc.). 

  1. DATA PROTECTION


Each party agrees to comply fully with GDPR and other applicable privacy laws. Each party oversees its respective privacy policies and practices for website visitors.

You agree and admit that by engaging with us and using the services we provide under this Agreement, you comply with GDPR and all applicable data protection regulations.
 

You fully agree that you have implemented Privacy Policy and respect Kalima’s. You are obliged under this Agreement not to collect or use personal data that may conflict with GDPR or applicable laws. You agree not to collect data without a legal basis to do so.

You agree and determine that you only process data provided to you to the extent and in the manner necessary to provide services to Company under this Agreement and shall not use the personal data for any other purpose. 

Under these terms and conditions, you agree that you have taken all technical and organisational measures to prevent personal data’s unauthorised or unlawful processing.

You are obliged to inform us immediately if any unauthorised or unlawful processing of personal data occurs.

If you request the deletion of information, and such information has been shared with our company or operators through our network, then you, as an affiliate, are to advise if the person requesting the deletion is also referring to us and the operators involved. You are obliged to delete all personal information and/or user data if you receive such a written request from a company or a person.

If you conduct direct marketing to customers via emails, SMS, or telephone messages, then you need to ensure that you have the proper consent from the recipient and be able to provide proof of such consent. The Affiliate owns and can demonstrate upon request clear records evidencing individuals consent which shall include (with no limitations):

  • The method by which the consent was obtained (including the full name of the Website or publication through which the consent was obtained);
  • Clear record of time and date when the consent was made;
  • An apparent reference to betting and gaming activities/promotion and the company promoted;
  • Own details of the checks and technological specifications that data owned by the Affiliate is held safely, fairly, and lawfully;


Any breaches of GDPR or applicable Data Protection rules and regulations will result in the possible closure of your affiliate account and loss of commissions. 

Any suspicious activities or fraudulent work can be reported to authorities without prior notice.

  1. PRIVACY


You agree and acknowledge that you are a committed online community member and respect our Privacy Policy and those listed by our partners.

You can find Kalima’s Privacy Policy here:
https://www.kalimanetwork.com/privacy-policy/

  1. CONFIDENTIALITY


You agree that you will not disclose any confidential information that would come to your attention during our services provided to you.

  1. ASSIGNMENT OF RIGHTS


You can only transfer or delegate your rights to other parties if you have received our written consent. We reserve the right to terminate this Agreement immediately if you do or try to do so without prior consent and notification.

We leave sole discretion to us to assign this Agreement.

  1. APPLICABILITY


These T&Cs constitute the entire Agreement between you and Kalima. This Agreement supersedes and replaces all prior agreements, which may be written or oral. Failure by either party to enforce any provision of this Agreement cannot be seen as a waiver of future enforcement of any other provision.

  1. CHANGES TO THIS AGREEMENT


Kalima reserves the right to change T&Cs at any time without prior notification. You are strongly advised to review this Agreement often. We will endeavour to update you on any changes via electronic communication.

  1. SEVERABILITY


All clauses in this Agreement should be considered separate and severable from each other. If any clause is deemed void, invalid, or unenforceable for any reason whatsoever, the remaining provisions shall remain in full force and effect.

  1. COMPLAINTS

If you have any complaints or an issue, kindly refer those to your account manager or contact us directly at [email protected]. 

  1. GOVERNING LAW AND JURISDICTION


This Agreement is governed by and in accordance with the laws of Malta. Malta shall have exclusive jurisdiction in all matters relating to this Agreement and Kalima.

The Affiliate is to consider any governing law which may be in force within the operator’s and the Player’s jurisdiction.

The Affiliate is to ensure that any promotional material and operational dealings are under gaming authorities, including but not limited to:

Instituto Provincial de Lotería y Casinos (IPLyC): http://www.loteria.gba.gov.ar/

Ministry of Economy’s Secretariat of Evaluation, Planning, Energy, and Lottery (SECAP): https://www.gov.br/economia/pt-br 

Coljuegos: https://www.coljuegos.gov.co/ 

Directorate of Games and Sweepstakes (DGJS): https://www.gob.mx/segob 

Ministry of Foreign Trade and Tourism (MINCETUR): https://www.mincetur.gob.pe/ 

Authority of Supervision of the Social Gaming System (AJ): https://www.aj.gob.bo/ 

National Directorate of Lotteries and Quinielas (DNLQ): http://www.dnlq.gub.uy/ 

Superintendence of Gambling Casinos (SCJ): http://www.scj.gob.cl/ 

National Commission of Games of Chance (CONAJZAR): http://www.conajzar.gov.py/ 

BeGambleAware: https://www.begambleaware.org/ 

Gambling Commission: https://www.gamblingcommission.gov.uk 

Malta Gaming Authority: https://www.mga.org.mt 

Stödlinjen: https://stodlinjen.se/ 

Spillemundigheden: https://spillemyndigheden.dk/ 

GamCare: http://www.gamcare.org.uk/ 

The Alcohol and Gaming Commission of Ontario https://www.agco.ca/ 

Dirección General de Ordenación del Juego https://www.ordenacionjuego.es/en

© 2023 Kalima Network

Terms & Conditions for Advertisers

Terms & Conditions for Publishers

Privacy Policy