AffCorner Terms and Conditions
If You wish to participate in our affiliate program, You will first have to register by completing the online form.
For purpose of clarity, the term "Client" is defined as a company which has contracted Affcorner Affiliates to manage and promote their Affiliate program. "Customer" is defined as a person or entity that follows a link from our site, e-mail or however directed to a "Client" of Affcorner Affiliates and opens an account with them. By opening an account with a client, that person or entity will become our Customer and, accordingly, all Client rules, policies, and operating procedures will apply to them. "Agreement" refers to the Terms and Conditions contained below. "You " refers to you, the individual, group or corporate entity registering with us as an affiliate under this Agreement, and shall be deemed to include any employees, officers, shareholders, owners, controlling parties and affiliated individuals and entities( and "Your" has a corresponding meaning)
To enroll, please read this agreement and then submit a complete account application. By downloading a banner and placing it on Your website(s), You are deemed to have agreed to be bound by all the terms and conditions set out in this Agreement.
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD BANNERS, TEXT LINKS, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO ANY CLIENT OF Affcorner Affiliates.
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, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality disability, sexual orientation or age, promote illegal activities, or violate intellectual property rights.
1. Our Rights and Obligations
1.1 Register Your Customers
We will register Your customers and will track their purchases and plays. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
1.2 Track Customers Play
We will track Customers play and will supply reports summarizing their activity. The form, content and frequency of the reports may vary from time to time at our discretion. Through Affcorner Affiliates, we will provide You with remote online access to reports of Customers activity and referral fees generated. You can gain access using Your affiliate ID and Password as provided by Affcorner Affiliates.
1.3 Pay a Referral Fee
We will pay You referral fees (as set out below) on income we earn from play by all legitimate Customers after they open an account with a Client. Affcorner Affiliates may combine Your accounts if You open more than one e-cash account to accumulate revenues coming from the referral program.
1.4 Modifications to the Agreement
We may modify any terms and conditions contained in this Agreement, at any time and in our sole discretion, posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. Affiliates will receive notice of modifications by email to the address provided upon signup.
2. Your Rights and Obligations
2.1 Spam- We Do Not Condone SPAM
Any form of spam will result in Your account being closed and all funds due being withheld. You need to be aware that our Clients are liable to incur expenses in dealing with spam generated mail and any such expenses will be deducted from Your account should our Client seek recourse. In this instance the amount determined by the relative Client will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by You as fair and reasonable and as agreed to by registration with Affcorner Affiliates.
Should these expenses not be covered by funds in Your account we reserve the right to investigate alternative means for obtaining payment including instituting legal action against you for unpaid amounts.
2.2 Posting Banners and False Advertising
By agreeing to participate in a Client's affiliate program, You are agreeing to download, text or promotional materials and place it on Your site, utilize it within e-mail or print. These are the sole methods by which You may advertise on our Client's behalf. We will terminate this agreement immediately if there is any form of spamming or if You discredit us or our Clients through false advertising, written or uttered word. You shall have no authority to, and shall not, bind us or our Clients to any obligations.
2.3 Agency Appointments
By this agreement, we grant You the non-exclusive right to direct Customers to our Client's 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 us in the provisions of services arising from Your referrals, and we may contract with and obtain assistance from others at any time to perform services of the same or similar nature to yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities than You.
2.4 Approved Layouts
Without our prior written approval, You will only use our approved banners and links and will not alter their appearance. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of our Client's sites.
2.5 Good Faith
You will not knowingly benefit from known or suspected traffic not generated using accepted internet marketing practice whether or not it causes Affcorner Affiliates or the Client harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Client's 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.
2.6 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 ensuring that materials posted on Your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance, and contents of Your site.
2.7 License to Use Marks
We hereby grant to You non-exclusive, non-transferable license, during the term of this agreement, to use our Clients intellectual-property marks (licensed, in turn by us, from the Client) solely in connection with the display of the banners on Your site. The license cannot be sub-licensed, assigned or otherwise transferred by You. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensors rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
2.8 Confidential Information
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 purpose of this Agreement. Your obligation with respect to Confidential Information shall survive the termination of this agreement.
3. Fee schedule
3.1 We will pay You on the basis that You choose upon sign up-a percentage of Net Win, a set amount per new account achieved, or a percentage of first deposit. Once You have chosen a remuneration planYou cannot change it for a given campaign.
3.2 When commissions are calculated Charge backs, Bonuses and other player Comps are deducted from the total Gross Gaming Revenues and are calculated as follows: (Casino Net Win + Sports book Net Win + Horse Racing Net Win + Poker Rake ) –(Bonuses and Player Comps + Charge backs + Deposit Fees + Adjustments )/ (100*Your Commission Percentage)
Playing under Your own affiliate account is only allowed if You refer a minimum of 4 new players per month. Management reserves the right to withhold commissions when these guidelines are not met.4. Fee Payment
We will pay Your fees on a quarterly basis by the option you have selected in your affiliate account provided that option is available in your region at the time. Bank transfers and FedEx checks are subject to a minimum admin fee of $25. Amin fees may be more if processing costs exceed $25.
5. Term and Termination
The term of this agreement will begin when You download a banner and link it to our 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 the Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. In particular, we may terminate this agreement without notice if we determine that Your site is unsuitable. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality disability, sexual orientation or age, promote illegal activities, or violate intellectual property rights.
or purposes of notification of termination, delivery via e-mail is considered a written an immediate form of notification.
In the event of termination of this Agreement
5.1.1 You must remove our Clients banner(s) from Your site and disable any links from Your site to ours and theirs.
5.1.2 All rights and licenses given to You in this agreement shall immediately terminate.
5.1.3 You will be entitled only to those unpaid referral fees if any earned by You on or prior to the date of termination, save where termination is as a result of Your breach of terms of this Agreement, as detailed at 5.1.6 below. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
5.1.4 You will not be entitled to referral fees occurring after the date of termination.
5.1.5 All rights and licenses given to You in this agreement shall immediately terminate.
5.1.6 If You have failed to fulfill Your obligations and responsibilities, we will not pay you the referral fees otherwise owing toYou on termination.
5.1.7 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.
5.1.8 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 designation of our Clients and Affcorner Affiliates.
5.1.9 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 liability arising from breach of this agreement which occurred prior to termination.
6. 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, to contradict anything in this paragraph or be reasonably deemed to contradict this paragraph.
You shall defend, and hold our Clients and their electronic cash provider, Affcorner Affiliates, their directors, officers, employees, and representatives 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 a) any breach by You or any warranty, representation, or agreement contained in this agreement, b) the performance of Your duties and obligations under this agreement, c) Your negligence or d) any injury caused directly or indirectly by Your negligence or intentional acts or omissions, or the unauthorized use of our banners and link or this referral program.
We make no express or implied warranties or representations with respect to the referral program, Affcorner Affiliates 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). In addition, we make no representation that the operation of our site will be uninterrupted or error free and will not be liable for the consequences of any interruptions or errors.
9. Limitation of Liability
We shall 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, our aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable toYou under this agreement. 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 our directors, officers or shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
10. Chargebacks and E-Check ISF
A charge back occurs when a gaming customer disputes the charge to their credit card and the original deposit is reserved and the gaming merchant does not collect the funds.
An E-Check ISF (insufficient funds) occurs when a gaming customer does not have adequate funds in their checking account or disputes a previous transfer and the merchant does not collect the funds.
Affiliates will only be paid on revenues that the merchant is able to collect. Affiliates will not be paid commissions or fraudulent or reserved transactions. Any reversals will be detailed in your affiliate reports.
11. 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 CUSTOIMERS 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 INDEPENDDENTLY EVELUATED THE DESIRABILITY OF PARTICIPATIG IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARRANTEE, OR STATEMENT OTHER THAN AS SET FORH IN THIS AGREEMENT.
12.1 Governing law
This agreement will be governed by the laws of Curacao , Netherlands Antilles , without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Curacao and You irrevocably consent to the jurisdiction of its courts.
12.2 Assignability and Successors in Title
You may not assign this agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and enforceable against You and us and our respective successors and assigns.
Our failure to enforce Your strict performance of any provision of this agreement will not constitute waiver of our right to subsequently enforce such provision or any other provision of this agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this agreement.
Our right and remedies hereunder 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 obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. 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.
Whenever effective and valid under applicable law but, if any provision will be ineffective only to the extent of such invalidity, or enforceability, without invalidating the remainder of this agreement or any provision hereof.
Affcorner Affiliates merchants agree to do everything possible to encourage a first deposit from all players that you refer exclusively at the merchant that you referred them to for 30 days. If the client fails to make a deposit after 30 days, the merchant reserves the right to market any other brands in the group to these players and affiliates tracking will be applied.
Affcorner Affiliates merchants agree to do everything possible to extend the life of your clients for as long as possible while they are playing exclusively to the brand that you have referred them to. Any client that lapses in activity for 60 days or more may be marketed one of the other brands in the merchants group and affiliate tracking will be applied. Merchants understand that some players are seasonal, and these players will of course be remarketed to under their affiliate-referred account during the appropriate seasons.
12.7 Cookie tracking
Affiliate tracking is done using cookies. While the majority of Internet users accept cookies, but the referrals that don't accept cookies will not be tracked. Usually players will indicate where they learned about the merchant, and every effort will be made to manually apply affiliate tracking to these accounts. Cookies are applied such that the most recent tracking link clicked gets credited for the sale, this will override previously clicked URL's. Cookies will be valid for 30 days. Once a referred player joins a Affcorner Affiliates merchant while an active cookie is present, the player is tagged for life at the merchant site regardless of when they make their first deposit or subsequent revenue transactions.
12.8 Advertising Code of Practice
By joining you agree to the following code of practice located here