The following are the terms and conditions of your agreement to become a member of the Affiliate Program. By applying to be an affiliate, and placing a link to or using our gaming system on your website, you agree to be bound by all the terms and conditions set forth in this agreement. DOWNLOAD PDF FILE.
1. General Description
1.1 The gaming systems earns revenue from members who establish subscription accounts. Affiliates earn income as follows; the Affiliate earns, 20%, twenty percentage, of the membership subscription fees generated and received for each of the affiliate player[s].
1.2 Affiliate payments will be tendered on or about the 15th of the month following the month for which the fee is earned and received.
1.3 This minimum payment that may be tendered is $50 in any payment period. If any amount earned is less the minimum for any payment period, the funds will be held till the amount reached $50 and be tendered on a following month.
2. Modifying This Agreement
2.1 We may modify any of the terms and conditions contained in this agreement, at any time and at our sole discretion, and notify you of the any such changes, by sending you a notice identifying the changes and/or posting the new agreement on our website. Modifications may include, but are not limited to, changes in the referral fees, payment schedule or other rules.
2.2 If any change in the agreement or future changes are unacceptable to you, you may terminate this agreement by notifying us in writing at email or mailing address listed below or such other address designated by us on our website from time to time.
2.3 Continued participation in this program following our making a change will constitute binding acceptance of the change
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3. AFFILIATE SITE
3.1 By agreeing to participate in the Affiliate program, you agree to create a web site and integrate our gaming system or integrate our gaming system into you existing web site. The web site must be approved by us. You shall not make any claims, representations, or warranties in connection as the gaming system, and you shall have no authority to, and will not, bind us to any obligation or agreement
3.2 You agree to all of the terms set forth herein and maintain a site content that is free of child pornography or other illegal sex acts, promotion of violence, promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promotion of illegal activities, other content reasonably deemed offensive by us, or violation of intellectual property rights. You must provide true and complete information to us at all times; including but not limited to, your identity, contact information, payment instructions, and any other information that we may request from time to time, including but not limited to tax reporting information.
3.3 We, hereby, grant you the non-exclusive right to use the services, in accordance with the terms and conditions of this agreement. You shall have no claims to any other fees or other compensation other than a listed above.
3.4 Your are authorization to solicit members in the Terms and Conditions, as amended from time to time.
4. Affiliate Duties;
4.1 You agree that the intentions of this affiliate program are for you to offer the gaming systems on your website. You agree to act in good faith in accordance with this intention.
4.2 In order to participate in the program, you must have a web site.
4.3 You may not pay or provide any other consideration to any player. Under no circumstances may you provide member rewards, prizes, incentives, rewards, gifts, or any other thing of value to any player for participating in games, tournaments or events.
4.4 You agree not to engage in spam, illegal solicitation, or fraudulent or deceptive solicitation. You agree not to copy the any websites, or other gaming websites, or set up websites which are reasonably or may deceive the visitor that the website is owned by or operated another person, group, organization or corporation.
4.5 You shall not use any adware, spyware or any other such software to direct traffic to the site.
4.6 You agree that any players registering in the gaming systems become the proprietary customer list and that you have no ownership rights in such customer list. You agree not to independently contact such referred members without our prior written approval.
4.7 You will be solely responsible for the development, operation and maintenance of your web site and for all materials that appear on your web site. You will indemnify and hold us harmless from all claims, damages and expenses, including, but not limited to, attorneys' fees, development cost, operation, maintenance and contents of your site and marketing .
4.8 You agree that you will not promote illegal internet gambling on your site or engage in any unlawful activity.
5. License to Use Marks
5.1 We hereby grant you a non-exclusive, non-transferable license, during the term of this agreement, to use our gaming systems. This license cannot be sub-licensed, assigned or otherwise transferred by you. The license allow you place links to the gaming systems on your web site.
6. Confidential Information
6.1 During the term of this agreement, you may be entrusted with confidential information relating to the business, operations or underlying technology and/or the referral program. You agree to not discloe such to any other persons or allow or permit any unauthorized use of the confidential information.
7. Promotions
7.1 From time to time, we may offer promotion bonus to our affiliates, this agreement and any addition terms in such promotions are binding upon you, if you p[participate in any such promotions..
8. Term and Termination
8.1 The term of this agreement will begin upon your acceptance by click on the submit button on this page and will be continuous unless and until either party notifies the other in writing that it is terminating this agreement. We may require you also to print a copy of this agreement and return same to us with copies of your identification.. Termination may be by either you or us for any reason or no reason at any time. The terminating party shall provide notice to the other party. For purposes of notification, delivery via email or by US registered mail is considered a written notification.
8.2 If termination is by us and is not caused by violation of this agreement, any fees, as subject to modification described above, will continue for 30 days.
8.3 If termination is by you and is not caused by violation of this agreement, any fees, as subject to modification described above, will continue for 30 days.
8.4 If termination is initiated by us as a result of a violation of this agreement, you will not be entitled to unpaid referral fees as to the date of termination, You will not be entitled to fees or earning after the termination date.
8.5 Upon termination you must remove all banners, icons and links from your site.
8.6 All rights and licenses given to you in this agreement shall immediately terminate upon termination of this agreement for any reason.
8.7 Upon termination of this agreement for any reason, we may withhold your final payment for a reasonable time, not more that 90 days or as directed to by any court, to ensure that a correct accounting and final determination of earning has been concluded.
8.8 Upon termination of this agreement for any reason, you will return any confidential materials and all copies of in your possession, custody and control, and will cease all uses of any trade names, trademarks, service marks, logos and other designation.
8.9 Before or after termination of this agreement, we reserve the right to modify this agreement or the fee schedule as described above, with such modification effective immediately.
9. Relationship of Parties
9.1 You and we are independent contractors and nothing in this agreement will create any partnership, joint venture, franchise, sale s representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts this agreement or any of the Terms and Conditions of posted on our site
10. Indemnity
10.1 You shall defend, indemnify, and hold us , our directors, officers, employees, software provider, payment processor(s), agents and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney fees, resulting from, arising out of, or in any way connected with:
(a) Any breach by you of any warranty, representation, or agreement;
(b) The performance of your duties and obligations under this agreement;
(c) Your negligence;
(d) Any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this program.
11. Disclaimers
11.1 We make no express or implied warranties or representations with respect to the referral program or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing or trade usage).
11.2 We make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for any consequences of any interruption errors.
12. Limitations of Liability
12.1 We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits or data) arising in connection with this agreement or the referral program, even if we have been advised of the possibility of such damages. further, we aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable to you under this agreement.
12.2 Nothing in this agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this agreement. Our obligations under this agreement do not constitute personal obligations of shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
12.3 We may in our sole discretion, with or without notice, use any available means to block or restrict certain members, sign ups, payment of membership fee or play patterns so as to reduce the number of fraudulent, unprofitable transactions or for any reason whatsoever, including but not limited to daily or monthly purchase limits, address verification or negative and positive credit card databases. We do not guarantee or warrant the success of such fraud prevention efforts.
13. Governing Law and Place of Contracting
13.1 This agreement will be governed by the laws of the State of Delaware, without reference to rules governing choice of law. Any action relating to this agreement must be brought in Las Vegas, Nevada and you irrevocably consent to the jurisdiction of its courts.
13.2 This agreement is binding only when accepted by the company at its offices in Las Vegas, Nevada, which is mutually deemed to be the place of contracting.
14. Assignment
14.1 You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding and enforceable against you and us.
15. Non-Waiver/Final Agreement/Interpretation
15.1 This is the final agreement between the parties that supersedes any oral or written communications that you may receive, and shall remain in force until modified by us. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our ri ght to subsequently enforce such provision or any other provision of this agreement. No modifications, additions , or deletions of this agreement by you are permit ted or will be recognized by us. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
15.2 The rule of construction that ambiguities are to be interpreted against the drafter shall not be applied in the interpretation of this Agreement.
15.3 This Agreement is drafted in the English language, and any discrepancies due to language interpretations or translations shall be superseded by the English language meanings.
16. Remedies
16.1 Our rights and remedies shall not be mutually exclusive, i.e. the exercise of one or more of the provisions of this agreement shall not preclude the exercise of any other provision. You acknowledge, confirm and agree that damages may be inadequate for a breach or a threatened breach of this agreement and, in the event of a breach, or threatened breach of any provision of this agreement, the respective rights and responsibilities of the parties may be enforceable by specific performance, injunction or other equitable remedy.
16.2 Nothing contained in this agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
17. Severability/Waiver
17.1 Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity or unenforceability, without invalidating the remainder of this agreement or any other provision. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
18. Operating Agreement and Disclosure
18.1 Laws vary from city, state and country to country. It is your responsibility to, independently evaluated the laws in locales where you promote our gaming system. It is you duty to inform visitors and players that before they can claim any winning or prize, they may be required to provide verification that the player may participate in its gaming or contest and claim any prize without violating any applicable rules or laws.
18. Laws vary from city, state and country to country. It is your responsibility to, independently evaluated the laws in locales where you promote our gaming system and as an affiliate you may participate in its affiliate program without violating any applicable rules or laws.
18.2 By submitting your request to become an affiliate or by using our gaming systems, you acknowledge that you have read this agreement and have independently evaluated the participating in this program and are not relying on any representation, guarantee, or statement other that what is set forth in this agreement, and that you agree to all its terms and conditions.
18.3 You acknowledge that you have read and agree to all of the terms of this agreement, including, but not limited to, the liability limitations and disclaimers above.
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