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1. Overview of Entercasino and It's Programs
Please Read and Print for Future Reference
To participate in any Entercasino program, indicate your agreement to do so
by checking the "I Agree to Terms & Conditions" box on the
sign-up form. By downloading any of the creatives and placing it on
your site, or accepting any reward, bonus or commission, whether contained in
this agreement or elsewhere on our website, you are deemed to have agreed to
be bound by all terms and conditions as laid out in this agreement.
If you do not wish to accept all terms and conditions in this agreement,
please do not utilize any creatives or information pertaining to any
affiliate program listed on Entercasino.
Please do not register a site that is considered unsuitable, as this will
immediately terminate this agreement.
2. Definitions
"Affiliate Program" - is a program owned and operated by
Entercasino for a company on Entercasino's website which the Affiliate can
join.
"Real Player" - is a person who registers with a participating
merchant a makes a valid real-money purchase there.
Words denoting the masculine gender include the feminine and other genders
and words denoting the singular number only shall include the plural and vice
versa.
3. Policies
Your membership of Entercasino and your participation in the affiliate
programs will be temporarily revoked and any pending commissions will be
withheld, pending a review, if you are caught spamming. Spamming is not
allowed and will not be tolerated! You
need to be aware that merchants on Entercasino are liable to incur expenses
in dealing with spam-generated mail and these same expenses will be deducted
from your account should recourse be sought. In this instance, compensation
will be determined fairly in good faith. Such amount is collectable by law
and deemed to have been accepted by yourself as fair and reasonable and as
agreed to by registration as an affiliate of Entercasino.
Should these expenses not be covered by funds in your account we reserve the
right to investigate alternative means for obtaining payment including
recourse to file a claim against you for unpaid amounts. Should you require
further information regarding our spam policy, or wish to report an incidence
of spam, please contact: affiliate@craps-craps-craps.com
4. Relationship of Parties
You and Entercasino are independent contractors and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You will have
no authority to make or accept any offers or representations on our behalf.
5. Disclaimers
We make no express or implied warranties or representations with respect to
the Entercasino website or the affiliate programs (including, without
limitation, warranties of fitness, merchantability, noninfringement, or any
implied warranties arising out of course of performance, dealing, or trade
usage). In addition, we make no representation that the operation of our site
will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
6. Representations and Warranties
You hereby represent and warrant to us as follows:
-This Agreement has been duly and validly executed and delivered by you and
constitutes your legal, valid, and binding obligation, enforceable against
you in accordance with its terms.
-The development, operation, and contents of your site do not infringe upon
the copyright, trademark, or any other right of any person or entity.
7. Limitation of Liability
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 Entercasino, even if we have been advised of the possibility of such
damages. Further, our aggregate liability arising with respect to this
Agreement and the Entercasino Program's will not exceed the total commissions
paid or payable to you under this Agreement.
8. Governing Law
This Agreement will be governed by the laws of England. Any action relating
to this Agreement must be brought in a court located in England and you
irrevocably consent to the jurisdiction of such courts. 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 on,
inure to the benefit of, and enforceable against the parties and their
respective successors and assigns. Our failure to enforce your strict
performance of any provision of this Agreement will not constitute a waiver
of our right to subsequently enforce such a provision or any other provision
of this Agreement.
9. License Ownership & Use of
Trademark
We grant you a non-exclusive, non-transferable, revocable right to access our
site and those of participating merchants through the display of creative
materials solely in accordance with the terms of this Agreement, for the sole
purpose of linking your site to a participating site, solely for the purpose
of identifying your site as a participant in a Entercasino Program. You may
not alter, modify, or change the Links in any way. You are only entitled to
use the Links to the extent that you are a member in good standing of
Entercasino. We may revoke your license any time by giving you written
notice.
10. Affiliate Obligations
By agreeing to participate in any available affiliate program on Entercasino,
you are agreeing to place banners, text or other creative materials on one of
your sites, or to utilize it in email promotion. We will terminate this
agreement immediately if there is any form of spamming or if you discredit
any parties through false advertising. You shall not make any claims,
representations, or warranties in connection with us or participating
merchants.
By this Agreement, we grant you the non-exclusive right to direct customers
to participating sites and services, in accordance with the terms and
conditions of this Agreement. This Agreement does not grant you an exclusive
right or privilege to assist Entercasino in the provision of services arising
from your referrals, and we obviously intend to contract with and obtain the
assistance from others at any time to perform services of the same or similar
nature as yours. You shall have no claims to commissions or other
compensation on business secured by or through persons or entities other than
you.
Without our prior written approval, you will only use our approved creative
materials and will not alter their appearance. The appearance and syntax of
the links are designed and designated by us and constitute the only
authorized and permitted representation of participating sites.
You will not knowingly benefit from known or suspected traffic not generated
in good faith whether or not it actually causes damage. Should fraudulent
activity arise through a person directed to a site via your link, we retain
the right to retract the commissions paid to you at any time. Our decision in
this regard will be final and no correspondence will be entered into. We
reserve the right to retain all amounts due to you under this Agreement if we
have reasonable cause to believe that such traffic has been caused with your
knowledge. Even if you have not knowingly generated such traffic, we reserve
the right to withhold referral fees with respect to such traffic.
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site. You
will indemnify and hold us harmless from all claims, damages, and expenses
(including, without limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site.
You will submit all URL's that you will be using in your affiliate marketing
for our approval.
11. Merchant Obligations
We will register your customers and will track their purchases and, in the
case of a gaming merchant, their wagering activities. We reserve the right to
refuse customers (or to close their accounts) if necessary to comply with any
requirements we may periodically establish.
We will track all customers' play and will supply reports to you on all of
their activity. The form, content and frequency of the reports may vary from
time to time at our discretion.
We will pay you commissions, as laid out above, for all
legitimate customers after they open an account with a participating
merchant. The basis for the fee is dependant on the program you have signed
up for.
We will pay your commission on a monthly basis. All payments of any fees earned
by you in the previous month are completely processed by the 5th day of the
new month, by check, to the postal address you provided when you signed up,
or to any new postal addresses submitted at a later stage. All payments will
be made in United States Dollars. If the account is in a negative position
(e.g. because winnings have exceeded losses) a balance of zero will be
carried over until the following month.
12. Termination
The term of this Agreement will begin when you establish an affiliate link from
one of your sites to a participating merchant's site and will be continuous
unless and until either party notifies the other in writing that it wishes to
terminate the Agreement, in which case this Agreement may be terminated
immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For
purposes of notification of termination, delivery via email is considered a
written and immediate form of notification.
Upon termination:
-You must remove creative from your site and disable any links from your site
to ours or theirs.
-All rights and licenses given to you in this Agreement shall immediately
terminate.
-You will be entitled only to those unpaid commissions, if any, earned by you
on or prior to the date of termination. You will not be entitled to
commissions occurring after the date of termination.
-If you have failed to fulfill your obligations and responsibilities, we will
not pay you the commissions otherwise owing to you on termination.
-We may withhold your final payment for a reasonable time to ensure that the
correct amount is paid.
-If we continue to permit activity (generation of revenue) from customers
after termination, this will not constitute a continuation or renewal of this
Agreement or a waiver of termination.
-You will return to us any confidential information, and all copies of it in
your possession, custody and control and will cease all uses of any trade
names, trademarks, service marks, logos and other designations of Entercasino
and it's participating merchants.
-You and we will be released from all obligations and liabilities to each
other occurring or arising after the date of such termination, except with
respect to those obligations which by their nature are designed to survive
termination, as set out in this Agreement. Termination will not relieve you
from any liability arising from any breach of this Agreement which occurred
prior to termination.
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT
YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that: are aimed
at children or those below the age of 18, promote sexually explicit content,
promote violence, promote discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age, promote illegal activities,
or violate intellectual property rights.
13. Confidentiality
Except as otherwise provided in this Agreement or with the consent of any
other parties hereto, all parties hereto agrees that all information,
including, without limitation, the terms of this Agreement, business
information and technology concerning us or you, respectively, or any of our
Affiliates provided by or on behalf of any of them shall remain strictly
confidential and secret and shall not be utilized, directly or indirectly, by
such party for its own business purposes or for any other purpose except and
solely to the extent that any such information is generally known or
available to the public through a source or sources other than such party
hereto or its affiliates.
During the term of this Agreement, you may be entrusted with Confidential
Information relating to the business, operations, or underlying technology of
our Clients and/or the affiliate program (including, for example, referral
fees earned by you under the program). You agree to avoid disclosure or
unauthorized use of the Confidential Information to third persons or outside
parties unless you have our prior written consent and that you will use the
Confidential Information only for purposes necessary to further the purposes
of this Agreement. Your obligations with respect to Confidential Information
shall survive the termination of this Agreement.
14. Indemnification
You agree to indemnify, defend, and hold us and any participating merchants
harmless from all claims, damages, and expenses relating to the development,
operation, and contents of your site.
15. Modification
Entercasino may modify any of the terms and conditions of this Agreement at
any time. You will be notified by email, and a change notice will be posted
on our site. If the modifications are unacceptable to you, your only recourse
is to terminate this Agreement. Your continued participation in Entercasino
after a change notice has been posted will constitute binding acceptance of
the change.
16. Assignment of Agreement
This Agreement and the rights and obligations here-under may not be assigned
by you without prior written consent of Entercasino.
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