Terms & Conditions

Affiliate means an individual or entity accepted into the Betxchange Affiliates Programme to promote the Betxchange site via approved tracking links or marketing materials;

Affiliate Revenue means the total amount received by Betxchange each month from all settled bets placed by Customers after deducting the following:        

                    (i) monies paid out to Customers as winnings;

                    (ii) monies paid in the form of betting duties or taxes (or reasonable provisions in respect thereof);

                    (iii) bad debts;

                    (iv) fraud;

                    (v) returned stakes;

                    (vi) transactions which are reversed by instruction from the card holder’s bank;

                    (vii) voids;

                    (viii) bet/deposit bonuses;

                    (ix) 3% administration fee for deposits received from Customers and

                    (x) licence fees per product;

Arbitrage Betting means any method of betting or wagering which is intended to give punters a guaranteed win with no risk; 

Customer means any person who registers an account on the Betxchange site through an Affiliate’s unique link, code, or banner; 

Marketing Materials means banners, URLs, text, promo codes, graphics and/or other promotional materials made available for marketing purposes in terms of the Betxchange Affiliates Programme; and. 

Marketing Territory means the Republic of South Africa. All other jurisdictions are deemed Prohibited Territories. 

2.1 You represent and warrant that: 

       2.1.1 All information provided in your Affiliate application is accurate and up to date. 

       2.1.2 You have not registered multiple accounts in the same Marketing Territory. 

       2.1.3. You are at least 18 years old and legally capable of contracting. 

       2.1.4. If registering on behalf of an entity, you have authority to bind that entity. 

       2.15. You will not target individuals under the age of 18. 

 2.2 If any of the above warranties become false, you must notify Betxchange immediately. Betxchange may terminate your participation immediately without any further payment obligations. 

2.3 Further to the above, you hereby expressly consent to Betxchange disclosing, transmitting, and otherwise making available any information or documentation provided by you to any third party service providers, agents, or contractors engaged by Betxchange, strictly for the purposes of identity verification, compliance checks, fraud prevention, payment processing, and/or any other lawful requirement necessary for the operation of this Program. You acknowledge and agree that such disclosure shall not constitute a breach of confidentiality or data protection obligations by Betxchange.

To become a member of the Betxchange Affiliates Programme you will need to accept these terms and conditions by completing and submitting an online application form on the Betxchange Affiliates Site. Betxchange will in its sole discretion determine whether to accept your application and Betxchange’s decision is final and not subject to any right of appeal. Betxchange will notify you by email as to whether your application has been successful or not. 

4.1  Upon your acceptance to the Betxchange Affiliates Programme and subject to your compliance with these terms and conditions, Betxchange grants you a limited, non-transferable, revocable license to use approved Marketing Materials solely for the purpose of referring new Customers to Betxchange. 

4.2 With regards to the abovementioned Marketing Materials and the marketing of Betxchange in general, you agree: 

       4.2.1. that you may not distribute the Marketing Materials for any purpose other than referring new Customers to Betxchange; 

       4.2.2. only to use the current version of Marketing Materials made available to you by Betxchange from time to time; 

       4.2.3. not to modify or create derivative works from any Marketing Materials; 

       4.2.4 to adhere to any and all restrictions designated by Betxchange in relation to your use of the Marketing Materials; 

       4.2.5. that all use of the Marketing Materials by you shall be lawful and in strict accordance with these terms and conditions; 

       4.2.6. to use your best efforts to market and promote the Betxchange site in a manner consistent with good business ethics and in good faith. In this regard, you hereby   acknowledge and agree that your marketing of the Betxchange site has the potential to inflict harm to Betxchange and Betxchange’s reputation and goodwill and that you shall always do all things to ensure that the reputation and goodwill of Betxchange are not harmed in any way whatsoever;  

      4.2.7. not to involve any marketing or promotional activity, in your marketing of Betxchange, which may have the potential to deceive, confuse or mislead                                          potential customers, or which may infringe on any third party rights; and

       4.2.8 only market on the relevant platfors communicated to you by Betxchange  

4.3 You hereby agree that Betxchange is entitled to review your marketing activities from time to time as far as they relate to Betxchange and that Betxchange may approve or reject marketing methods used by you in its sole discretion. You undertake and agree to provide prompt assistance and full cooperation in connection with any requests made by Betxchange in this regard.

5.1 You are solely responsible for ensuring all new Customers referred to Betxchange by you are tagged with your correct Affiliate link. Please note that you shall not be entitled to the receipt of any Earnings whatsoever in relation to new Customers who have not been correctly tagged with your Affiliate link. 

5.2 You hereby agree that Betxchange’s tracking system is final and binding for reporting and commission purposes. 

5.3 Betxchange will make available to you a report summarizing any new Customer’s activities referred by you, which you can access on the Betxchange Affiliates Site. 

6.1 You agree: 

      6.1.1. to create and maintain in place transfer links from your site to the Betxchange site. Such linking can only be done utilising approved Marketing Materials as elaborated on in clause 4 above; 

       6.1.2. not to pay a portion of your referral commission to a Customer or offer any other form of incentive to a Customer in an attempt to incentivise that Customer to sign up on the Betxchange site; 

       6.1.3. not to target Customers outside the jurisdiction of South Africa; 

       6.1.4. that all activities undertaken by you in connection with the Betxchange Affiliates Programme are lawful and are in accordance with these terms and conditions; 

       6.1.5. not to be a party to any illegal activity including, but not limited to, the promotion or advertising of illegal gambling companies or websites, or any fraudulent activity in connection with your participation in the Betxchange Affiliates Programme; 

       6.1.6. to maintain complete records, during and for a period of five years after the termination or expiration of your participation in the Betxchange Affiliates Programme, regarding your activity in the programme; and 

       6.1.7. to not undertake any action which may have a detrimental impact on the ability of Betxchange to qualify for or to hold or maintain any licence that it requires to operate its site. 

6.2. You hereby acknowledge and agree that any breach of the abovementioned obligations shall be deemed to be a material breach of these terms and conditions resulting in Betxchange having the right to terminate your participation in the Betxchange Affiliates Programme with immediate effect, which right may be exercised in the sole discretion of Betxchange. 

7.1 In addition to your obligations contained in clause 6 above, you further undertake and agree that you shall not conduct any activities in connection with any unsuitable site or any unsuitable customer. 

7.2 Betxchange reserves the right to terminate this Agreement if it determines in its sole discretion that your site is unsuitable. Unsuitable sites include, but are not limited to, sites that are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice. 

7.3 Betxchange further reserves the right to refuse any potential new Customer, to lock or close a Customer’s account, or to take other action which Betxchange may deem necessary in order to preserve the integrity or safety of the Betxchange site. In the event that Betxchange refuses, suspends or closes any Customer’s account for any reason, then you will not be entitled to any Earnings in respect of the affected Customer’s account as of the date of suspension or closure but, for the avoidance of doubt, any Earnings earned prior to such date will be paid to you in accordance with this Agreement. 

8.1 You hereby acknowledge that you are strictly prohibited from distributing any marketing related SMS messages, emails, or other forms of communication referencing Betxchange or the Betxchange Affiliates Programme without having obtained Betxchange’s prior written approval. To enable Betxchange to properly evaluate whether such approval will be granted, you must submit the following to Betxchange: 

        8.1.1. a written assurance confirming that all intended email, SMS, or other outreach materials to be used in the proposed campaign will contain a clear and  accessible option allowing recipients to opt out or unsubscribe from receiving further communications of the same nature;  

        8.1.2. a written declaration confirming that each intended recipient of the proposed campaign has expressly provided their informed and voluntary consent to receive such communications and has not subsequently opted out or revoked such consent; and 

       8.1.3. in addition to the above, a further written assurance confirming that any SMS and/or email marketing campaign directed at South African based traffic adheres fully to the rules and requirements set out under the Protection of Personal Information Act, 4 of 2013 (POPIA). 

8.2 Should Betxchange incur any financial costs, penalties, or liabilities arising directly or indirectly from any unsolicited marketing done by you or by any third party acting on your behalf, such costs shall be deducted from any commissions, fees, or other earnings payable to you under these terms and conditions. If the balance available in your Affiliate account is insufficient to cover such costs, Betxchange reserves the right to apply future earnings toward recovering the amount due or to pursue other lawful means of debt recovery. In the event that your Affiliate account is inactive, dormant, or not generating any further revenue, Betxchange may issue a formal demand requiring you to settle the outstanding amount. 

Betxchange reserves the unconditional right to conduct a thorough review and examination of any and all activities associated with or carried out in connection with your participation in the Betxchange Affiliates Programme. Such review may be undertaken for the purpose of identifying, detecting, or investigating any activity that Betxchange, in its sole and absolute discretion, considers to be potentially fraudulent, conducted in bad faith, or in contravention of any term, condition, obligation, or requirement set out in these terms and conditions.

10.1 Betxchange shall retain full, sole, and exclusive ownership of all rights, title, and interest in and to the Betxchange site, all registered and unregistered trademarks, logos, trade names, brand identifiers and associated marks used by Betxchange (Betxchange Marks), the Marketing Materials as well as any reports, documentation, tools, systems, or materials that may be supplied or made available to you in relation to the Betxchange Affiliates Programme. These, together with any intellectual property rights that attach thereto, remain the absolute property of Betxchange. No rights, title, interest, or benefit in any of the aforegoing shall be transferred or assigned to you under these terms and conditions, except for a personal, non-exclusive, non-transferable, revocable, and limited licence to use and distribute the Marketing Materials strictly in accordance with these terms and conditions. All other rights, whether existing now or in the future, are expressly reserved by Betxchange.  

10.2 You acknowledge, agree and accept that all intellectual property associated with or owned by Betxchange, including but not limited to the Betxchange Marks and the Marketing Materials, remains at all times the exclusive property of Betxchange. You further acknowledge and agree that you shall have no right, title, ownership interest, claim, or entitlement of any kind whatsoever in or to such intellectual property, save for the limited usage rights that are explicitly set out in these terms and conditions. 

10.3 You undertake and irrevocably agree that you will not, at any time, directly or indirectly dispute, contest, or challenge the validity, enforceability, registration, or ownership of any intellectual property rights held by Betxchange. You further agree that you shall not engage in or facilitate any conduct, action, or omission that could in any way damage, undermine, diminish, or prejudice Betxchange’s rights, interests, or title in or to any such intellectual property. 

10.4 You undertake and agree that you will not register, attempt to register, use, acquire, or traffic in any domain name that consists of, includes, mimics, imitates, or is confusingly similar to any Betxchange Mark or identifier. Should you, whether intentionally or unintentionally, register any such domain name in contravention of this specific clause, you undertake to immediately, upon receiving written notice from Betxchange, transfer ownership and control of such domain to Betxchange or to any person or entity nominated by Betxchange. This undertaking will continue in full force and effect notwithstanding the termination or expiry of these terms and conditions or your participation in the Betxchange Affiliates Programme. 

10.5 You agree and undertake that you shall not use any of the Betxchange Marks, or any mark, word, phrase, or keyword that is similar to or could reasonably be mistaken for any Betxchange Mark, when bidding for search terms or placing advertisements on any online search engine, sponsored link service, or paid search platform.  

10.6 Betxchange strictly prohibits the unauthorised use of any intellectual property belonging to third parties, including but not limited to brand names, trademarks, trade dress, or copyrighted content, as a means of promoting or directing attention to the Betxchange brand or to generate traffic for the Betxchange Affiliates Programme. Engaging in such activity may, at Betxchange’s sole discretion, result in the forfeiture or withholding of any commissions or payments otherwise due to you, or in the suspension or permanent termination of your affiliate account. By agreeing to these terms and conditions, you explicitly confirm and warrant that you will refrain from engaging in any such conduct at any time. 

10.7 In addition to the abovementioned, you hereby acknowledge and agree that your Affiliate site must not copy the look and feel of the Betxchange site or have the potential to cause the impression that any sites or landing pages used by you are owned, operated or affiliated with Betxchange. You are not entitled to present any Betxchange Marks, logos, graphics or other Betxchange materials on your Affiliate site or marketing materials other than the Marketing Materials provided to you by Betxchange through the Betxchange Affiliates Programme. 

11.1 You shall be entitled to earn commissions (Earnings) derived from betting activity undertaken by New Customers you have referred. You acknowledge and agree that Betxchange retains the sole discretion to amend or update the Earnings rates contained in these terms and conditions or negotiated with you from time to time. 

11.2 Please note that you will only qualify to receive continuous Earnings while you are actively participating in the Betxchange Affiliates Programme and provided that you continue to introduce new Customers in full compliance with these terms and conditions. Your entitlement to Earnings will cease immediately upon the expiration or termination of your participation in the Betxchange Affiliates Programme for any reason whatsoever.  

11.3 You will earn the default referral commission calculated as set out in clause 11.4 below, however, in certain cases, at Betxchange’s sole discretion, Betxchange reserves the right to enter into a cost per acquisition payment plan (CPA payment plan) or even a hybrid model made up of a combination of the default referral commission structure and CPA payment plan which will be communicated to you in writing if Betxchange elects to do so. 

11.4 Betxchange reserves the right to amend the default referral commission structure contained under clause 11.4 below, including but not limited to the percentage of commission you receive and the method by which it is calculated, at any time, provided that Betxchange gives you no less than 15 days’ written notice of such changes. Following the expiration of the 15 day notice period, the revised referral commission structure shall automatically apply to all existing active Customers previously referred by you as well as any new Customers referred from that date forward. Should you disagree with the proposed changes, you have the right to terminate this Agreement by providing written notice in accordance with clause 16 below.   

11.5 Revenue Share  

11.5.1 You are eligible to earn commission based on a percentage of the Affiliate Revenue generated by the new Customers you have referred. The applicable rate is determined by the number of new Customers referred within a calendar month: 

Tiered Commission Structure: 

1.   0 - 100 New Customers = 20% 

2.  101 to 299 New Customers = 25%

3.  300 or more New Customers = 30% 

11.5.2 Commissions will be earned only from new Customers who qualify by making a deposit and placing a settled wager on Betxchange utilising their own funds and not any bonus funds provided to them by Betxchange (Please take note that for CPA deals, qualification criteria is based on the agreed upon baseline purchase value between Betxchange and the Affiliate.) 

11.6 Inactivity Policy 

Please note that if you fail to refer any new Customers who make deposits and place settled wagers for 3 consecutive months, your commission rate will drop to a flat rate to be determined by Betxchange in its sole and absolute discretion until such time as you refer 10 new Customers who make deposits and place settled wagers within any subsequent three month period, at which point Betxchange will negotiate a new commission rate with you. 

11.7 No Negative Rollover

There shall not be a carry over of any negative Affiliate Revenue from one month to the next subject to our High Roller Policy Set out below.

11.8 High Roller Policy 

11.8.1 Negative Affiliate Revenue generated in any given month by any Customers who Betxchange, at its sole discretion, classify as “High Rollers” will be carried forward and offset against future Affiliate Revenue generated from said High Rollers until such negative Affiliate Revenue has been fully cleared. The determination of the criteria used to categorise a Customer as a “High Roller” shall rest solely with Betxchange, and Betxchange’s only obligation in this regard will be to notify you of such classification in respect of any Customers referred by you, which notification may be effected through an amendment to these terms and conditions. The current criteria for determining Betxchange’s High Roller policy are as follows:

11.8.2 In any calendar month, where a Customer generates negative Affiliate Revenue of at least R10 000.00, and the aggregate earnings for that month for the relevant Affiliate are negative R5 000.00 or greater, such Customer will be deemed to be a High Roller.

11.8.3 If both of the conditions set out in clause 11.8.2 are satisfied, the negative Affiliate Revenue generated by that High Roller will be carried forward and offset exclusively against future Affiliate Revenue generated by that same High Roller.

11.8.4 Any negative balance carried forward in respect of a High Roller will not be set off against positive Affiliate Revenue generated by other Customers. 

11.8.5 The negative balance of a High Roller will be reduced by any future positive Affiliate Revenue that the High Roller generates in subsequent months. A negative balance will not be increased by further negative Affiliate Revenue unless the High Roller once again meets the qualifying criteria set out in clause 11.8.2 in a later month.

11.9 CPA Payment Plan

11.9.1 The CPA payment plan is not fixed and will be determined on a case by case basis in direct negotiation with each individual Affiliate. The specific CPA rate, qualification criteria, and any other applicable terms will be agreed upon in writing between the Affiliate and their designated Affiliate manager assigned by Betxchange. The terms below outline the general framework governing CPA payments, but all such arrangements remain subject to individual agreement.

11.9.2 The basis of the CPA payment plan is that you will receive a once off commission payment for each new Customer you successfully refer to our site.

11.9.3 A CPA payment will be considered due and payable to you only if and when the following conditions are met:

            11.9.3.1 The new Customer completes their first registration on www.betxchange.com;

            11.9.3.2 The new Customer deposits the minimum required amount to be agreed between you and your designated Affiliate manager assigned by Betxchange; and

            11.9.3.3 The new Customer meets the minimum wagering requirements as previously agreed in writing with your Affiliate manager assigned by Betxchange.

11.9.4 Please note that a CPA payment is not guaranteed until all conditions relating to the new Customer, as outlined in the agreement between you and your designated Affiliate manager assigned by Betxchange, are met within the calendar month they are referred.

11.9.5 Please note the following additional provisions regarding the CPA payment plan:

            11.9.5.1 CPA commission is only payable upon the qualifying new Customer’s first registration, deposit of the minimum required amount and placement of settled wager.

            11.9.5.2 Any further activity by such qualifying new Customer including, but not limited to, playing new games, will not generate additional commissions for you.

            11.9.5.3 Each CPA payment is strictly a one time payment, regardless of the number of games played by the qualifying new Customer.

            11.9.5.4 Betxchange does not pay for incentivised signups or where players are offered a portion of the CPA as an incentive to register.

            11.9.5.5 No commission will be paid for duplicate accounts. If a qualifying new Customer already exists in the Betxchange system, they will be automatically excluded, and the data used for payouts will reflect this exclusion, as per Betxchange’s internal affiliate tracking system.

            11.9.5.6 Betxchange reserves the right to withhold commission on any traffic or player activity deemed abusive, in accordance with the provisions of this agreement.

11.10 General

11.10.1 All payments made to you will be based solely on Betxchange’s internal records, data, and calculations. Betxchange retains full and exclusive discretion to determine any aspect of tracking, calculating, or distributing your Earnings or other related payments.

11.10.2 We reserve the right to monitor and review all actions undertaken as part of your participation in the Betxchange Affiliates Programme to identify and prevent any activity that may be fraudulent, in bad faith, or in breach of these terms and conditions, as determined in Betxchange’s sole and absolute discretion.

11.10.3 No commission will be paid in connection with Arbitrage Betting, roulette strategies, or any other casino related betting systems that advise users how to gain an unfair advantage.

11.10.4 Earnings will not be paid for any incentivised traffic as contemplated in clause 6.1.2 above, regardless of the form it takes.

11.10.5 You agree that you will forfeit any right to receive any Earnings related to new Customers that Betxchange considers, in its sole discretion, to be fraudulent, unlawful, abusive, or otherwise generated in bad faith.

11.10.6 Betxchange will not pay any commissions on any activity generated through brand bidding or any other action that Betxchange considers an infringement of its intellectual property rights.

11.10.7 Betxchange reserves the right to allocate any fraud related costs incurred to your account. These costs may be deducted from payments otherwise due to you. If such fraud costs exceed your total commission balance, Betxchange may pursue reimbursement directly from you.

11.10.8 Betxchange reserves the right to decline, suspend, or close any Customer account, or take any other action deemed necessary to safeguard the integrity and security of the Betxchange site. If a referred Customer account is refused, suspended, or closed, the following applies:
(a) For CPA deals, no CPA payment will be due in relation to that account, even if earned prior to the account being closed or suspended.
(b) For revenue share arrangements, no further commission will be due on that customer’s activity from the date of suspension or closure onward; however, any commission accrued before that point will be paid out in accordance with these terms and conditions.

11.11 Payment Terms

11.11.1 Betxchange will process your Earnings payments for the preceding calendar month within 15 working days following the 1st of the current month.

11.11.2 If you are earning commission via a revenue share model, your Earnings will be paid monthly.

11.11.3 Earnings will only become payable once they reach an amount of R500.00 or greater. If a particular month’s Earnings are below the aforementioned R500.00 threshold, the Earnings will be carried over to the following months until the Earnings reach the minimum amount of R500.00 or greater.

11.11.4 Betxchange accepts no liability for any delay in payment resulting from technical errors, third party issues, or any other unforeseen circumstances.

11.11.5 Payments will only be made in the applicable local currency.

11.11.6 You may not update your payment details within the 10 working days leading up to the payment date. It is solely your responsibility to ensure all payment information is accurate and up to date at least five working days prior to the scheduled payout date.

11.11.7 You are solely responsible for reporting and paying all applicable taxes, duties, levies, or fees on your Earnings. You agree to promptly reimburse Betxchange for any such liabilities we may incur on your behalf, excluding income taxes payable by Betxchange.

11.11.8 Where local laws require the application of any Withholding Tax (WHT) on commissions, the corresponding amount will be deducted from your payment before it is processed.

11.11.9 Betxchange retains the right to revise commission payout schedules and methods of calculation at any time, at Betxchange’s sole discretion.

You acknowledge and agree that all information pertaining to any referred Customer shall be the exclusive and sole property of Betxchange, and that you shall not acquire any rights, interest, or entitlement in such information whatsoever, except in relation to any data or information that you have obtained independently and entirely separate from your participation in the Betxchange Affiliates Programme. 

13.1 To mitigate the risk of abuse and any fraudulent activity, Betxchange does not issue Earnings for Customer referrals made under certain conditions such as where there exists a pre-existing relationship between you and the referred Customer unless you have received explicit authorisation from Betxchange in writing to the contrary. Although determinations will be made on a case by case basis, Betxchange provides the following illustrative, non-exhaustive list of circumstances in which Earnings shall not be paid, unless such actions have been expressly authorised in writing by Betxchange: 

        13.1.1 you will not be entitled to receive any fees or Earnings in respect of any additional Betxchange Affiliates Programme account that you establish, or that is established on your behalf; 

        13.1.2 you will not be eligible to earn Earnings from any Betxchange Affiliates Programme account created by your employees; 

        13.1.3 if you or, where relevant, your employees, agents, or family members register as a customer on the Betxchange site as a result of your referral, you will not be entitled to any Earnings and Betxchange reserves the right to terminate your participation in the Betxchange Affiliates Programme with immediate effect.

Throughout the duration of your participation in the Betxchange Affiliates Programme, you may be given access to confidential information pertaining to the business, operations, or proprietary technology of Betxchange and/or the Betxchange Affiliates Programme including, but not limited to, details regarding the referral commission you earn under the Betxchange Affiliates Programme. You are required to treat all such confidential information as strictly confidential and are prohibited from disclosing it to any third party or external entity without first obtaining Betxchange’s express written consent. You may only utilise the confidential information for purposes that are directly necessary to advance or fulfil the objectives of this Betxchange Affiliates Programme. The obligations imposed on you in respect of confidential information shall remain in full force and effect even after your participation in the Betxchange Affiliates Programme. 

15.1 You acknowledge and agree that your relationship with Betxchange by virtue of your participation in the Betxchange Affiliates Programme is that of independent contractor, and nothing contained in these terms and conditions shall be construed as creating any form of partnership, joint venture, agency, franchise, sales representative relationship, or employment arrangement between the parties. 

15.2 You shall not make or purport to make any statements, assurances, representations, or warranties on behalf of Betxchange, nor shall you have any authority to bind Betxchange to any obligations or commitments, unless such authority is expressly granted by Betxchange in writing. 

15.3 You acknowledge and agree that you are not, and shall not be regarded or treated as, an employee for any purposes whatsoever. 

16.1 The duration of your participation in the Betxchange Affiliates Programme shall commence upon your approval as an affiliate within the Betxchange Affiliates Programme and shall remain in effect on a continuous basis unless and until either party provides written notice to the other indicating its intention to terminate. In such event, your participation in the Betxchange Affiliates Programme shall be deemed terminated immediately upon the other party’s receipt of the termination notice. Termination may be affected by either party at its sole discretion, with or without cause. For the purposes of delivering such notice of termination, communication via email shall be regarded as both a valid written form of notice and as taking immediate effect upon transmission. 

16.2 In the event of termination of your participation in the Betxchange Affiliates Programme for any reason: 

16.2.1 all rights and licenses granted to you in these terms and conditions shall immediately terminate; 

16.2.2 you must immediately cease all marketing activity, cease the distribution of any Marketing Materials, and disable any links from your site to the Betxchange site; 

16.2.3 you must promptly return to Betxchange any confidential information and/or customer information, and all copies of same in your possession, custody and control; and 

16.2.4 for clarification purposes, termination will not excuse you from any liability arising from any breach of these terms and conditions that occurred prior to termination. 

16.3 Upon termination, you shall cease to be entitled to receive Earnings as specified herein, even if such Earnings relate to new Customers acquired prior to the effective date of termination. 

16.4 In the event Betxchange terminates your participation in the Betxchange Affiliates Programme as a result of a breach of these terms and conditions by you, you shall not be entitled to receive any additional Earnings effective the date of termination. In the event Betxchange terminate your participation in the Betxchange Affiliates Programme as a result of any fraudulent activity or activities which Betxchange believes to be unlawful or in bad faith, Betxchange reserve the right to recover any payments previously made to you and seek the recovery of all costs incurred in the investigation of such activities and the closure of your account, in addition to any other rights and remedies available at law. 

You agree to defend, indemnify, and hold harmless Betxchange and its directors, officers, employees, and representatives from any liabilities, losses, damages, and costs including reasonable legal fees arising from your actions under these terms and conditions, or from any breach of these terms and conditions, representations, warranties, or agreements. If a third party claim or investigation arises due to your actions in connection with these terms and conditions, we may withhold any Earnings due to you to cover potential costs or liabilities, in addition to pursuing any other remedies available to Betxchange. 

Betxchange makes no express or implied warranties regarding the Betxchange Affiliates Programme, Marketing Materials or the Betxchange site. Betxchange does not guarantee uninterrupted or error free operation of its site or tracking systems, nor any specific level of Earnings. Betxchange is not liable for any resulting interruptions or errors

Except in cases of death or injury caused by Betxchange’s gross negligence or liability that cannot be excluded by law, Betxchange’s total liability to you or any third party will not exceed the Earnings you generated in the six months prior to the event giving rise to the claim. Betxchange is not liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, revenue, or business. 

20.1 These terms and conditions and the Betxchange Affiliates Programme are governed by the laws of South Africa. Any disputes shall be resolved in the jurisdiction of the South African courts. 

20.2 Betxchange may amend these terms and conditions with 30 days’ notice. Continued participation constitutes acceptance. 

20.3 Betxchange’s failure to enforce any provision of these terms and conditions shall not constitute a waiver.  

20.4 If any clause of these terms and conditions is found invalid, the remainder will remain in effect. 

21.1 Betxchange is committed to protecting your personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA).

21.2 By registering as an Affiliate, you consent to Betxchange collecting and processing personal information such as your name, contact details, company details, banking details, and related registration information. We also generate information about your performance and commission earnings.

21.3 We use this information to:

         21.3.1 register and manage your Affiliate account;

         21.3.2 track and report on your referred customers’ betting activity;

         21.3.3 communicate with you regarding the Betxchange Affiliates Programme Programme, approved marketing materials, payments, and updates;  

         21.3.4 process and pay Earnings; and

         21.3.5 comply with legal and regulatory obligations, including anti-money laundering, tax, and financial crime reporting.

21.4 Betxchange may share your information with its trusted service providers (including IT, verification, payment processors, accountants, and professional advisors), some of whom may be located outside South Africa, provided that they protect your information to standards comparable to Betxchange. Betxchange may also disclose your information to regulators where required by law.

21.5 Betxchange takes reasonable technical and organisational steps to safeguard your personal information and will notify you of any security breach that may compromise your data.

21.6 Betxchange only retains personal information for as long as reasonably necessary for contractual, regulatory, or legal purposes, after which it will be securely destroyed.