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Affiliate Terms & Conditions

Affiliate Terms & Conditions

Terms and Conditions:

 

1. Status

The affiliate program for BetKing (the “Affiliate Program”) is provided by SV Gaming Limited a company registered in accordance with the laws of Nigeria under Registration No. RC1419108 and registered address 29, Pade Odanye Close, Off Alh Jimo Close, Adeniyi Jones, Ikeja, Lagos, Nigeria (the “Company”). SV Gaming Limited is licenced to conduct online and retail gaming operations in Nigeria by the National Lottery Regulatory Commission, as well as various state government agencies in Nigeria.

 

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 Insertion Order registration form, you (hereinafter the “Affiliate”) hereby agree to participate in the Affiliate Program and abide by all the Terms and Conditions set out in this agreement (the “Agreement”). The outlined commission structure in Article 23 of this Agreement shall be deemed to form an integral part thereof. 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.

You shall be obliged to continuously comply with the Terms of this Agreement, the general terms and conditions and Privacy Policies of the websites www.BetKing.com or www.partners.betking.com (referred to as the “Company Website”), as well as with any other rules and/or guidelines brought forward from time to time. This Agreement between the Company and the Affiliate shall come into effect on the date when the Affiliate application is approved by the Company, in accordance with Article 3.

 

In the event of a conflict between the terms of the Insertion Order and the terms of this Agreement, the terms of the Insertion Order shall prevail.

 

 

2. Purpose

The Company is in the business of online and retail gaming and gambling and assumes responsibility for the online gaming business carried out on the Company Website and as part of this function the Company is operating the Affiliate Program.

The Affiliate maintains and operates one or more websites on the internet (hereinafter collectively referred to as “Affiliate Website”), and/or refers potential New Customers (defined below) to the Company Website through other channels.

This Agreement governs the Terms and Conditions which are related to the promotion of the Company Website by the Affiliate, whereby the Affiliate will be paid a commission as defined in this Agreement depending on the traffic sent to the Company’s Websites and as subject to the Terms in this Agreement.

The definition of the term “Net Revenue” can be found within Article 23 of the Terms. In case of an introduction of another product, or group of products in the future, the Company reserves the right to use an individual definition of the term “Net Revenue” for each product.

 

 

3. Acceptance of an Affiliate

The Company shall evaluate the Affiliate application form hereby submitted and shall inform the applicant in writing (email) whether the membership is accepted or not. The Company reserves the right to refuse any registration in its sole and absolute discretion.

The Affiliate will be required to provide KYC documentation in accordance with the Company’s anti-money laundering, anti-bribery and other compliance and onboarding requirements.

 

4. Qualifying Conditions 

The Affiliate hereby warrants that he/she:

1.      is of legal age in the applicable jurisdiction in order to agree to and to enter into this Agreement.

2.      is competent and duly authorized to enter into binding agreements, including this Agreement.

3.      is the proprietor of all rights, licenses and permits to market, promote and advertise the Company Website in accordance with the provisions of this Agreement.

4.      will comply with all applicable rules, laws and regulations in correlation with the promotion of the Company Website.

5.      fully understands and accepts the Terms of the Agreement.

 

5. Responsibilities and Obligations of the Company

The Company shall provide the Affiliate with all required information and marketing material for the implementation of the tracking link.

The Company shall administrate the turnover generated via the tracking links, record the Net Revenues and the total amount of commission earned via the tracking link, provide the Affiliate with commission statistics, and handle all customer services related to the business. A unique tracking identification code will be assigned to all referred New Customers.

The Company won’t server banners on behalf of Affiliates if we believe that the banners are being served to poor quality traffic and thus resulting in a high volume of dead impressions and clicks.

The Company shall pay the Affiliate the amount due depending on the traffic generated subject to the Terms of this Agreement.

 

6. Responsibilities and Obligations of the Affiliate

The Affiliate hereby warrants:

1.      to use its best efforts to actively and effectively advertise, market and promote the Company Website as widely as possible in order to maximize the benefit to the parties and to abide by the policies of the Company as they may be updated from time to time and/or as being published online, which shall constitute notice of the same.

2.      to market and refer potential players to the Company Website at its own cost and expense. The Affiliate will be solely responsible for the distribution, content and banners of its marketing activities. All of the Affiliate’s marketing activities must be professional, proper and lawful under applicable laws and must be in accordance with this Agreement.

3.      to use only a tracking link provided within the scope of the Affiliate Program, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting. Also, not to change or modify in any way any link or marketing material without prior written authorization from the Company.

4.      to be responsible for the development, the operation, and the maintenance of the Affiliate Website as well as for all material appearing on the Affiliate Website.

5.      that it will not perform any act which is libellous, discriminatory, obscene, unlawful or otherwise unsuitable or which contains sexually explicit, pornographic, obscene or graphically violent materials.

6.      that it will not actively target or refer any person who is under the legal age for gambling.

7.      that it will not generate traffic to the Company Website from a New Customer who does not reside in Nigeria.

8.      that it will not generate traffic to the Company Website by illegal or fraudulent activity, particularly but not limited to by:

a)    sending spam.

b)    incorrect meta tags.

c)    registering as a player or making deposits directly or indirectly to any player account through his tracker(s) link for its 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 commission payable or to otherwise defraud the Company. Violation of this provision shall be deemed to be fraud and give the Company the right to terminate the Agreement with immediate effect, to close any related Affiliate accounts and to retain any earnings of an Affiliate who is found to violate this provision.

9.      that it will not present the Affiliate Website in any way that might evoke any risk of confusion with Kingmakers and/or BetKing and/or the Company Website and/or the Company and/or convey the impression that the Affiliate Website is partly or fully originated from Kingmakers and/or BetKing and/or the Company.

10.   With the exception of the marketing materials as may be forwarded by the Company and/or made available online through the website https://www.BetKing.com the Affiliate may not use “BetKing” “Kingmakers” or other terms, trademarks and other intellectual property rights that are vested in the Company or its group companies unless the Company or BetKing consents to such use in writing.

11.   that it will not purchase, attempt to register, or register keywords, search terms or other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical or similar to any of the Company’s Website and trademarks, trade names or otherwise include the word “BetKing” or “Kingmakers” or variations thereof.

12.   that it will not use any of the Company’s Website’ trademarks, trade names or otherwise include the word “BetKing” or “Kingmakers” or variations that are confusingly similar, in affiliate urls. Brand names may not be used in a derivative url or subdomain.

13.   that it will only generate traffic to the Company Website through seo and ppc and social media activities. Traffic originating from email, sms, native or any other direct marketing is not allowed unless this has been approved beforehand in writing (via email) by the BetKing Affiliate team.

14.   it will make sure that all marketing is clear, correctly advertised and mention that Terms & Condition’s apply. An 18+ message symbol and “Bet responsibly” message or similar as may be notified to you from time to time, together with a link to https://m.betking.com/help/responsible-gambling or a local version will be included when promoting BetKing. When promoting a BetKing bonus it must include any wagering requirements, maximum bonus amount available, the minimum deposit needed to activate the bonus, any withdrawal limits attached to the bonus and to include “New Customers only” if it’s a welcome bonus that is being marketed. Full promotional Terms and Conditions need to be available one click away.

15.   it will not give the impression that gambling can be a source of income or a way to pay off debts.

16.   if it induces damages in the form of fines or penalties for the Company. Then it will be held responsible for these damages.

17.   failure to follow these Terms and Conditions will grant the Company the right to immediately terminate this Agreement.

 

 

7. Payment

The Company agrees at its sole discretion to pay the Affiliate either:

 

1.      a commission based on the Net Revenue (as defined in Article 23 below) generated from New Customers identified by the Affiliates tracking link as being referred by the Affiliate’s Website and/or other channels; or

 

2.      a cost per acquisition (CPA) model generated from New Customers identified by the Affiliates tracking link referred by the Affiliate’s Website and/or other channels (terms set out in Article 24 below),

 

 as set out in the Insertion Order.

 

A commission based on the Net Revenue will be the default position for all Affiliates. The CPA model will only be available to those Affiliates agreed by the Company, acting in its sole discretion, as set out in the Insertion Order.

 

New Customers for the purposes of this Agreement are those customers of the Company: (i) who do not yet have and have not had a betting account with any Company Website or any website of any of its group companies; (ii) who access the Affiliate Website via the tracking link; (iii) who properly register and make real money transfers at least equivalent to the minimum deposit into their BetKing account; and (iv) are residing in Nigeria (“New Customers”).

 

At the sole discretion of the Company the Affiliate may be given the opportunity to restructure its commission structure. Once an Affiliate opts to accept the Company’s offer for a different revenue structure, then the Affiliate is aware and hereby agrees and understands that the new proposed revenue structure shall replace his existing commission structure in its entirety. Notwithstanding the above, all the Affiliate’s obligations assumed under this present Agreement will still continue to apply to the Affiliate up until the termination of this Agreement.

 

If the commission is based on Net Revenue, as set out in the Insertion Order, then such commission shall be a percentage of the Net Revenue in accordance with what is set out in the commission structures for the particular product. The calculation is product specific, is at the Company’s sole discretion and it is set out in every product-specific commission structure.

 

The commission is calculated at the end of each month and payments shall be made to the Affiliate by the end of the following calendar month, provided that the amount due exceeds one hundred USD ($100) or the equivalent in Naira for Bank Wire transfers (“Minimum Threshold”). If the balance due is less than the Minimum Threshold, it shall be carried over to the following month and shall be payable when the accrued balance exceeds the Minimum Threshold.

 

Payment of commissions shall be made as per the payment method chosen by the Affiliate into the Affiliate account, as set out in the Insertion Order. The Affiliate is aware and hereby agrees that if payment of commission is required in any currency other than Naira, that the Affiliate will pay any costs associated with the procuring of that currency. If an error is made in calculating the commission, 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.

 

Acceptance of payment by the Affiliate shall be deemed to be full and the final settlement of the balance due for the period indicated.

 

If the Affiliate disagrees with the balance due as reported, it shall within a period of thirty (30) days send an email to the Company to affiliates@BetKing.com and indicate the reasons of such dispute. Failure to send an email within the prescribed time limit shall be deemed to be considered as an irrevocable acknowledgment of the balance due for the period indicated.

 

The Company may delay payment of any balance to the Affiliate for up to one hundred and eighty (180) days, while it investigates and verifies that the relevant transactions comply with the provisions of the Terms of this Agreement.

 

No payment shall be due when the traffic generated is illegal or contravenes any provision of these Terms.

 

The Affiliate agrees to return all commissions received based on fraudulent or falsified transactions, plus all costs for legal causes or actions that may be brought against the Affiliate to the fullest extent of the applicable law.

 

For the sake of clarity, the parties specifically agree that upon termination of this Agreement by either party, the Affiliate shall no longer be entitled to receive any payment whatsoever from the Company, provided that payments already due (earned and unpaid commissions) shall be paid out, subject to traffic generated being legal and not in contravention with any provision of these Terms.

 

The commission shall be deemed to be inclusive of value added tax or any other tax if applicable.

 

The Affiliate shall be exclusively responsible for the payment of any and all taxes, levies, fees, charges and any other money payable or due both locally and abroad (if any) to any tax authority, department or other competent entity by the Affiliate as a result of the revenue generated under this Agreement. The Company shall in no manner whatsoever be held liable for any amounts unpaid but found to be due by the Affiliate and the Affiliate hereby indemnifies the Company in that regard. The Company shall have the right to deduct from the commission payable to the Affiliate any and all taxes that are required to be deducted by law.

 

8. Periods of Inactivity

In the event that you fail to refer any New Customers during any consecutive 3 (three) month period, the Company reserves the right to reduce your commission rate to a flat rate of no more than ten percent (10%) of Net Revenue until you introduce a total of three (3) New Customers within a three (3) month period, at which point (effective upon your referral of the third New Customer) your commission rate will revert to the default commission rates set out Article 23 and not what is agreed in the Insertion Order.

 

 

9. Termination

This Agreement may be terminated by either party by giving a thirty (30) day written notification to the other party. Written notification may be given by an email to the address set out below:

Affiliate: to the email address used in the Insertion Order registration form to this Affiliate Program

Company: legal@kingmakers.com

The contracting parties hereby agree that upon the termination of this Agreement:

1.      the Affiliate must immediately remove all references to /BetKing and/or its brands (including brands of its group companies) and/or the Company Websites from the Affiliate’s Websites and/or other marketing channel and communications, irrespectively of whether the communications are commercial or non-commercial.

2.      all rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease the use of any trademarks, service marks, logos and other designations vested in the Company or the Company’s affiliates.

3.      the Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination of this Agreement; however, provided, the Company may withhold the Affiliate’s final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date.

4.      if this Agreement is terminated by the Company on the basis of the Affiliate’s breach of the Terms or applicable laws, the Company shall be entitled to withhold the Affiliate’s earned but unpaid commissions as of the termination date of this Agreement as collateral for any claim arising from such breach. It is further specified that termination by the Company due to a breach by the Affiliate of any of the clauses in this Agreement shall not require a notice period and such termination shall have immediate effect upon simple notification by the Company to the Affiliate.

5.      the Affiliate must immediately return to the Company any and all confidential information (and all copies and derivations thereof) in the Affiliate’s possession, custody and control.

6.      the Affiliate will release the Company from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination and/or to any liability arising from any breach of confidential information even if the breach arises at any time following the termination of this Agreement. The Affiliate’s obligation of confidentiality towards the Company shall survive the termination of this Agreement.

7.      The Affiliate is to be aware that any operation from its end which runs counter to this Agreement may result in very serious consequences for the Affiliate itself, for BetKing, 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 BetKing or the Company by the respective authorities. Without prejudice to any of the Company’s rights herein or at law, the Company may forthwith terminate this Agreement, in part or in its entirety, or any of your accounts should you act in breach of the foregoing and the Affiliate shall be held fully responsible and liable for any such resulting fine, penalty, claim, action, or loss which is caused to the Company or its group companies as a result of your action or default as the case may be.

 

 

 

10. Warranties

The Affiliate expressly acknowledges and agrees that the use of the internet is at its risk and that this Affiliate Program is provided “as is” and “as available” without any warranties or conditions whatsoever, express or implied. No guarantee is made that it will make access to its website possible at any particular time or any particular location.

The Company shall in no event be liable to the Affiliate or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the Company Website or the Affiliate Program.

 

 

11. Company Rights

The Company and/or BetKing may refuse any player or close a player’s account if it is necessary to comply with the Company’s and/or BetKing’s policy and/or protect the interest of the Company and/or required under applicable law or regulatory requirements or demands.

The Company may refuse any applicant and/or may close any Affiliate’s account if it is necessary to comply with the Company’s policy and/or protect the interest of the Company and/or required under applicable law or regulatory requirements or demands. If the Affiliate is in breach of this Agreement or the Company’s terms or other rules, policies and guidelines of the Company, the Company may besides closing the Affiliate’s account take any other steps required under applicable law or regulatory requirements or demands to protect its interest.

 

 

12. Governing Law and Jurisdictions

This Agreement shall be governed and construed in accordance with the laws of Nigeria and each party consents in respect of any action or dispute relating to this Agreement to the non-exclusive jurisdiction of the courts of Nigeria.

 

13. Assignment

The Affiliate may not assign this Agreement, by operation of law or otherwise, without obtaining the prior written consent of the Company. In the event that the Affiliate acquires or otherwise obtains control of another Affiliate of BetKing or the Company or any of its group companies, then accounts will coexist on individual terms.

The Company may assign this Agreement, by operation of the law or otherwise, at any time without obtaining the prior consent of the Affiliate and will provide notice to the Affiliate after such assignment.

 

 

14. Non-waiver

The Company’s failure to enforce the Affiliate’s adherence to the Terms outlined in this Agreement shall not constitute a waiver of the right of the Company to enforce said terms at any time.

 

 

15.Force Majeure

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 the reasonable control of and is not the fault of such party, including but not limited to labour disputes, strikes, industrial disturbances, acts of god, acts of terrorism, floods, lightning, utility or communications failures, earthquakes, pandemics or other casualty. If a force majeure event occurs, the non-performing party is excused from whatever performance is prevented by the force majeure event to the extent prevented. Provided that, if the force majeure event subsists for a period exceeding thirty (30) days then either party may terminate the Agreement without notice.

 

 

16.Relationship of the Parties

Nothing contained in this Agreement, nor any action taken by any party to this Agreement, shall be deemed to constitute either party (or any of such party’s employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any partnership, joint venture, association, or syndication among or between the parties, nor to confer on either party any express or implied right, power or authority to enter into any agreement or commitment on behalf of (nor to impose any obligation upon) the other party.

 

 

17.Severability/Waiver

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. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

 

 

18. Confidentiality

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 own commercial or other purposes or divulged to any person or third party neither direct nor indirectly unless the prior explicit and written consent of the Company, this provision shall survive the termination of this Agreement.

The Affiliate obliges itself not to use the confidential information for any purpose other than the performance of its obligations under this Agreement.

 

 

19. Changes to this Agreement

The Company reserves the right to amend, alter, delete or add to any of the 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. Any such changes will be published on https://www.BetKing.com which shall constitute valid notice.

 

 

20. Trademarks

Other than as set out in this Agreement, the Affiliate have no right, title or interest in the trademarks, trade names, service marks or other intellectual property rights hereinafter referred to simply as ‘marks’ of the Company or/BetKing. At no time during or after the term will the Affiliate attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of Company or BetKing (including its group companies). Provided also that Affiliate shall not register nor attempt to register any mark or website domain which is identical or similar to any mark which belongs to Company or BetKing (including its group companies).

 

 

20.Customer Data

The Affiliate acknowledges and agrees that all information relating to any referred New Customer is the exclusive and sole property of the Company and that you shall have no rights therein whatsoever excluding any information that you gather independently, outside of your participation in the Affiliate Program.
 
The Affiliate acknowledges and agrees that any data we collect from the Affiliate may be transferred to, and stored at, a destination outside of the Affiliate’s territory. It may also be processed by staff operating outside of the Affiliates territory, who work for us or for one of our suppliers.

 

21. Security

The Affiliates acknowledges and agrees that they are responsible to guard the security of their Affiliate Program username and password and may not share their login details with any third party. 
The Company may require the Affiliate from time to time to positively verify its account details in order to receive continuing commission or to prevent Fraudulent Activity in connection with the Affiliates account. This is to protect both the Affiliate and the Company from potential illegal or Fraudulent Activity. This verification process may require the submission of additional personal documentation proving identity, payment and physical address details.

 

22. Indemnity

The Affiliate shall defend, indemnify, and hold the Company and its group companies directors, officers, employees, and representatives (“Indemnified Parties”) harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with the Affiliates performance of its duties and obligations under these Terms or the Agreement or any breach by the Affiliate of these Terms or any warranty, representation, or agreement contained in these Terms.
 
In the event an Indemnified Party is subject to any third party claim or investigation as a result of the activities of the Affiliate in connection with these Terms, the Company reserves the right to withhold any commission, fee or other amount due, as an offset against any cost or liability which may attach as a result of such claim or investigation, in addition to any other remedy available to the Indemnified Party.

 

23. Commission Structure

Subject to the terms of the Insertion Order, Commissions are paid out as either (i) a percentage of the Net Revenue; or (ii) the CPA model. Commissions based on a percentage of the Net Revenue will be the default position for all Affiliates. The CPA model will only be available to those Affiliates agreed by the Company, acting in its sole discretion and clearly set out in the Insertion Order.

 

Net Revenue” (applying to all products) is defined as:

 

Gross gaming revenue, less Bonuses awarded, less Non-Cash Incentives, less Fraudulent Activity, less Deductible Costs and Applicable Taxes


Net Revenue share percentage is twenty-five per cent (25%) of Net Revenue of the New Customers referred by the Affiliate during each relevant month.

 

 

For the purposes of this Agreement the following definitions shall apply:

 

Applicable Taxes: Any taxation, levy or similar mandatory payment (including gaming taxes and value added taxes) levied or charged on revenue, turnover, deposit or similarly driven by customer activity or activity volume.

 

Bonuses: meaning bonus, any promotional amounts given to any customer.

 

Chargeback: Where a customer, a credit card issuing bank, or any other third-party payment solution provider effects a reversal of charges in relation to a credit card or purchase transaction.

 

Deductible Costs: Any third party costs incurred by the Company in connection with the operation of the Company Website which are attributable to the activity of any New Customer(s), including, but not limited to, any payment processing charges, license fees, royalties, and other applicable third party payments including (but not limited to) payments made by the Company to third parties in respect of the costs of software and brands in respect of the Company Website.

 

Fraudulent Activity: A deceptive act or omission which is, in the sole discretion of the Company, performed in order to secure a real or potential, unfair or unlawful advantage; or any conduct that the Company, in its sole discretion, determines to be fraudulent, deceptive or dishonest, which shall include, but shall not be limited to, fraudulent credit card transactions, Chargebacks, Match Betting, false or automated account creation and any collusion or cheating by an Affiliate or a customer.

 

Gross Revenue: Total revenue generated from settled bets net stakes placed by referred New Customers, less winnings less jackpot contributions.

 

Match Betting: Any method of betting or wagering which is intended to give players a guaranteed win with no risk, including but not limited to the use of free bets.

 

New Customers: means as defined in Article 7 above.

 

Non-Cash Incentives: Value of free non redeemable cash credits (or similar) provided to customers for the purposes of maintaining customer loyalty.

 

24. CPA Model

If the CPA Model is agreed as the commission structure between the Affiliate and the Company (acting in its sole discretion) in the Insertion Order the following terms shall apply:

 

The Affiliate will receive a one-off payment for every New Customer that is directed to the Company Website.

A CPA payment will be owed and payable to the Affiliate if and when:

1.  a New Customer completes first registration on the Company Websites;

2. a New Customer deposits the minimum required amount, as set out in the Insertion Order;

3. a New Customer meets the minimum wagering activity requirements, as set out in the Insertion Order;

4. all subsequent activity by such New Customer within the Company Website or on a website of any group company, inclusive of playing different games in the Company Website or a website of any of its group companies, or on different gaming platforms, will not warrant any payment to the Affiliate;

5. the Company do not pay for incentivised traffic in any form or pay for schemes where a New Customer is given part of the CPA as an incentive for signing up and meeting the CPA qualification.

6. the Company does not pay for duplicate New Customers i.e. a New Customer who already exists within the Company and/or is a registered player with any one of the marketing regions within Company and is located in the Company System.