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This Agreement contains the complete terms and conditions
that apply to an individual's or entity's participation in
the iCasinoRewards.com Affiliate Program (the "Program). As
used in this Agreement, "we" means Our Sites (iVegas.com,
iPoker.net, GetaCut.com), and "you" means the applicant. "Site"
means a World Wide Web site and, depending on the context,
refers either to Our Sites, or to the site that you will link
from (and which you will identify in your Program application).
Contents:
1.
Enrollment in the Program
To begin the enrollment process, you will submit a complete
registration form via our site, www.iCasinoRewards.com. We
may reject your application if we determine (in our sole discretion)
that your site is unsuitable for the Program. If we reject
your application, you are welcome to re-apply to the Program
at any time. You should also note that if we accept your application
and your site is thereafter determined (in our sole discretion)
to be unsuitable for the Program, we may terminate this Agreement,
with written notice.
2.
Links on Your Site
Once you have been notified that your site has been accepted
into the Program, you may select one or more banners, icons,
logos or any other content provided to place on your site.
You will be responsible for the placement of this content.
To permit accurate tracking, reporting and commission accrual,
we will provide you with a unique tracking URL to be used
in all links between your site and our site. You must ensure
that each of the links between your site and our site properly
utilizes such special link formats. Links to our site placed
on your site pursuant to this Agreement and which properly
utilize such special link formats are referred to as "Unique
Links." You will only earn commissions with respect to
activity on our site occurring directly through Unique Links.
We will not be liable to you with respect to any failure by
you to use Unique Links, including to the extent that such
failure may result in any reduction of amounts which would
otherwise be paid to you pursuant to this Agreement.
3.
Referral Fees
Commissions will be paid based on total revenues delivered
to Our Sites from your site(s). We will not pay commissions
for registrations made on Fun sites. For a registration to
be eligible to earn a commission, the member must be referred
through a Unique Link from your site to our site, and must
fill, complete and submit a registration form with a valid
name, address, phone number and email address, which is accepted
by Our Sites in its sole discretion.
4.
Referral Fee Schedule
You will earn commission fees based on the amount of net profits.
You will receive 50% of the lifetime player net profits for
those players you refer to Our Sites.
If
you register more than one Web site, you will be paid based
on the consolidated total revenues that your Web sites generate.
5.
Referral Fee Payment
We will pay you referral fees on a monthly basis. Payment
will be made by check in US dollars 30 days following the
end of applicable month. No payments will be made for amounts
less than US$50.00. If the earnings payable to you for any
calendar month are less than $50.00, we will hold those commissions
until the total amount exceeds $50.00 or (if earlier) until
this Agreement is terminated.
6.
Identifying Yourself as an Associate
We will make a series of logos, banners, buttons and content
available to you that identifies your site as a Program participant.
You must display any of these graphics somewhere on your site.
We may modify the text or graphics of these images without
notice from time to time. In addition, we require you to include
a Unique Link on your site to the home page of Our Sites.
You may not make any press release or other public announcement
with respect to this Agreement or your participation in the
Program without our prior written consent, which may be given
or withheld at our sole discretion.
7.
Limited License
We grant you a nonexclusive, revocable right to use the graphic
image and text and such other images and content for which
we grant express permission, solely for the purpose of identifying
your site as a Program participant and to assist in generating
registrations. You may not modify the graphic image or text,
or any other of our images or content, in any way. We reserve
all of our rights in the graphic image and text, any other
images, our trade names and trademarks, and all other intellectual
property rights. You agree to follow our Trademark Guidelines,
as those guidelines may change from time to time. We may revoke
your license at any time by giving you written notice or email.
8.
Responsibility for Your Site
You will be solely responsible for the development, operation,
and maintenance of your site and for all materials that appear
on your site. For example, you will be solely responsible
for: the technical operation of your site and all related
equipment creating and posting Product descriptions on your
site and linking those descriptions to our site, the accuracy
and appropriateness of materials posted on your site (including,
among other things, all Product-related materials) ensuring
that materials posted on your site do not violate or infringe
upon the rights of any third party (including, for example,
copyrights, trademarks, privacy, or other personal or proprietary
rights) ensuring that materials posted on your site are not
illegal We disclaim all liability for these matters. Furthermore,
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.
9.
Term of the Agreement
The term of this Agreement will begin upon our acceptance
of your Program application and will end when terminated by
either party. Either you or we may terminate this Agreement
at any time, with or without cause, by giving the other party
written notice of termination. Upon the termination of this
Agreement for any reason, you will immediately cease use of,
and remove from your site, all links to our site, and all
trademarks, trade dress and logos, and all other materials
provided by or on behalf of us to you pursuant hereto or in
connection with the Program. You are only eligible to earn
referral fees on our sales of Qualifying Products during the
term of this Agreement. Upon termination iCasinoRewards.com
reserves the right to take such action as it deems necessary
in the event of a breach of agreement.
10.
Modification
We may modify any of the terms and conditions contained in
this Agreement, at any time and in our sole discretion, by
posting a change notice or a new agreement on our site. Modifications
may include, for example, changes in the scope of available
referral fees, referral fee rates schedules, payment procedures,
and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE
IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR
NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
11.
Relationship of Parties
You and we 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. You will
not make any statement, whether on your site or otherwise,
that reasonably would contradict anything in this Section.
12.
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 the Program, even if
we have been advised of the possibility of such damages. Further,
our 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.
13.
Disclaimers
We make no express or implied warranties or representations
with respect to the Program or any products sold through the
Program (including, without limitation, warranties of fitness,
merchantability, non-infringement, or any implied warranties
arising out of a 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.
14.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE
TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY
AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS
ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT
OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.
15.
Miscellaneous
This Agreement will be governed by the laws of St.Kitts and
Nevis, without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in the
courts of St.Kitts, 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 provision or any other provision of this Agreement.
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