These Terms and Conditions ("Affiliate Agreement") govern the Affiliate Program provided by Raffaly Limited ("Raffaly," "we," or "us").

This Agreement constitutes the entire understanding between Raffaly and the individual or entity participating in the Affiliate Program ("Affiliate" or "you"), as communicated to Raffaly in accordance with these terms.

Please read this Affiliate Agreement carefully, as it is a legally binding contract between you and Raffaly. By participating in the Affiliate Program, you agree to comply with all terms and conditions outlined herein.

Raffaly reserves the right to terminate your participation in the Affiliate Program, whether as a Host or an Affiliate, at any time, with or without notice, for any of the following reasons:

Violation of any provision of this Affiliate Agreement;

Actions deemed harmful to Raffaly’s business; or

Any use of the Affiliate Program that Raffaly, at its sole discretion, considers unacceptable.

The definitions and rules of interpretation set out in Section 10 of this Agreement apply throughout.

Affiliate Eligibility and Referral Tracking

Only individuals or entities with a validated Raffaly account, including verified contact details such as a confirmed email address, are eligible to participate as Affiliates.

Affiliates are not permitted to modify, alter, or interfere with the Referral Links or cookies in any way. Raffaly is not responsible for any tracking or reporting errors resulting from unauthorized modifications to the Referral Links or cookies.

Raffaly will track successful click-throughs from Referral Links using cookies. Only users who complete a purchase through a tracked Referral Link will be considered referrals of the Affiliate and recorded as such in the Affiliate Dashboard.

Affiliate Commission

Affiliates are entitled to a commission for each ticket sold through a Successful Click-Through, as recorded in the Affiliate Dashboard ("Affiliate Commission").

Raffaly strives to provide real-time earnings reports via the Affiliate Dashboard, detailing Successful Click-Throughs. Affiliates can use this data to generate and download account statements.

Affiliate Commission will be available for withdrawal once the associated competition has concluded. The earnings will be credited to the Affiliate's Raffaly account.

Affiliates must submit a withdrawal request using the "Withdraw" button available on the Balance screen.

All Affiliate Commissions will be paid in the competition’s designated currency unless Raffaly, at its sole discretion, determines otherwise.

Affiliates are responsible for providing accurate and complete payment details. Raffaly is not liable for any delays or non-payment resulting from incorrect or incomplete information submitted by the Affiliate.

If Raffaly detects any suspicious activity, it may delay commission payments for up to 12 months to verify transactions. Raffaly reserves the right to recalculate, void, or disqualify any referrals or commissions in cases of fraud, deception, or any other activity deemed unacceptable at Raffaly’s sole discretion.

Advertisements

Raffaly grants the Affiliate a non-exclusive, non-transferable, and limited license to use Raffaly’s logos and name solely for the purpose of promoting Raffaly’s services within the scope of the Affiliate Program. This license will automatically expire upon termination of the Affiliate’s participation in the program.

Affiliates may only use Raffaly’s logos or service marks in a manner that aligns with good taste and professionalism. The use of these assets in any way that, in Raffaly’s sole discretion, negatively impacts its brand or reputation is strictly prohibited.

All marketing activities conducted by the Affiliate must be professional and comply with all applicable laws. The Affiliate is solely responsible for ensuring that its marketing efforts adhere to legal and regulatory requirements.

Raffaly reserves the right, at its sole discretion and without prior notice, to require the Affiliate to remove or modify any advertisements or promotional materials.

The Affiliate grants Raffaly an unrestricted license to use any promotional content created by the Affiliate to advertise competitions hosted on Raffaly’s platform. This includes, but is not limited to, digital materials such as Instagram stories, Instagram posts, Facebook posts, Twitter posts, or any other social media content used to share the Affiliate’s Referral Link.

Termination and Ticket Eligibility

Raffaly reserves the right to terminate the Affiliate’s participation in the Affiliate Program at any time for conduct that materially breaches this Affiliate Agreement or for actions that Raffaly, at its sole discretion, deems harmful to its business or any third party.

Tickets are awarded regardless of the entrant's answer to the competition question. Participation in a competition is not dependent on providing the correct answer. However, only tickets with the correct answer to the entry question, or postal entries, will be included in the relevant competition’s final draw, in compliance with the guidelines set by the Gambling Commission under the Gambling Act 2005.

Relationship of the Parties

Limitation of Liability

The Affiliate Program is provided on an "as is" and "as available" basis. The Affiliate uses the program at their own risk.

Raffaly makes no representations or warranties, either express or implied, regarding the Affiliate Program or any services or information provided through the program.

Raffaly is not liable for any damages, injuries, or economic losses resulting from the use of the Affiliate Program. In the event that any part of the Affiliate Program causes damage or inconvenience to the Affiliate or any party claiming through the Affiliate, the Affiliate assumes full responsibility and bears all associated costs.

The Affiliate agrees to indemnify and hold harmless Raffaly, its directors, officers, employees, agents, subsidiaries, and third parties from any losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable legal fees and investigation costs) arising from the Affiliate's or any third party’s use or operation of the Affiliate Program.

Modification

Raffaly reserves the right, at its sole discretion, to change or modify this Affiliate Agreement at any time, with or without prior notice.

Any changes or modifications made under clause 8.1 will become effective for all Affiliates once the updated Affiliate Agreement is posted at: https://raffaly.com/terms/affiliate.

The Affiliate is responsible for reviewing this document periodically to ensure their use of the Affiliate Program remains in compliance with the most current version of the Affiliate Agreement.

If any modification is unacceptable to the Affiliate, their sole option is to terminate this Affiliate Agreement. Continued participation in the Affiliate Program after the changes have been posted will constitute the Affiliate’s acceptance of the modifications.

Miscellaneous

The Affiliate represents and warrants that they are over the age of 18 and have the legal capacity to enter into this Affiliate Agreement.

The Affiliate represents and warrants that their actions and participation in the Affiliate Program comply with all applicable laws, rules, regulations, and government requirements at all times.

Raffaly reserves the right to terminate the Affiliate’s participation in the Affiliate Program if, at Raffaly's sole discretion, it determines that the Affiliate’s actions or participation violate any laws, rules, regulations, or government requirements.

This Affiliate Agreement constitutes the complete understanding between Raffaly and the Affiliate.

This Affiliate Agreement supersedes any prior agreements or understandings between the parties. Neither party will be bound by any statements or representations not included in this Affiliate Agreement, whether written or oral.

Each party acknowledges that, in entering into this agreement, it has not relied on any representation, warranty, assurance, covenant, or collateral agreement that is not expressly stated in this agreement. Each party waives all rights and remedies related to any such representations, warranties, or assurances, except in cases of fraud.

Each provision of this Affiliate Agreement is separate and distinct from the others.

If any provision of this Affiliate Agreement is or becomes illegal, invalid, or unenforceable, it will not affect the validity or enforceability of the remaining provisions.

If any provision of this Affiliate Agreement is or becomes illegal, invalid, or unenforceable, but could be made legal, valid, and enforceable by modifying or deleting part of the provision, that provision will apply with such changes as necessary to make it lawful.

No failure or delay by either party in exercising any right, remedy, power, or privilege under this Agreement shall constitute a waiver of that right, remedy, power, or privilege, nor will any partial exercise of any such right prevent further exercise of that right or any other right, remedy, or privilege.

Any rights or remedies provided under this Agreement are in addition to and do not affect any other rights or remedies available to either party.

Except as required by law, no terms will be implied into this Agreement, whether by custom, usage, or otherwise.

No provision of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.

Raffaly may, at its sole discretion, modify this Agreement or any provision of it, including altering or extinguishing any third-party rights without the consent of such third parties.

This Agreement and any dispute or claim arising from it, including non-contractual disputes, will be governed by and construed in accordance with the laws of England.

The parties irrevocably agree that the courts of England will have exclusive jurisdiction to settle any dispute or claim arising from or related to this Agreement, including non-contractual disputes.

Definitions and Interpretation

The defined terms used in this Affiliate Agreement shall have the meanings assigned to them below:

Headings of clauses, Schedules, and paragraphs shall not affect the interpretation of this agreement.

A "person" refers to a natural person, a corporate body, or an unincorporated entity (whether or not possessing a separate legal personality).

A reference to a "company" includes any corporation, company, or other body corporate, regardless of its place or manner of incorporation or establishment.

Unless the context requires otherwise, words in the singular shall also include the plural, and vice versa.

Unless the context requires otherwise, references to one gender shall also apply to all other genders.

A reference to a statute or statutory provision includes any amendments, extensions, or re-enactments of that statute or provision.

A reference to "writing" or "written" includes electronic communication, such as email.

References to clauses and Schedules refer to the respective clauses and Schedules of this agreement, while references to paragraphs refer to the relevant paragraphs within the applicable Schedule.

Any terms preceded by "including," "include," "in particular," "for example," or similar expressions shall be interpreted as illustrative and shall not limit the scope of the words, descriptions, definitions, phrases, or terms that precede them.

The definitions and rules of interpretation in this section 10 apply solely to this Affiliate Agreement.