The following are our complete terms and conditions to apply to all members of the EDATA MEDIA GROUP program. Please read this agreement completely. Signing with EDATA MEDIA GROUP shows your agreement of the Terms and Conditions and/or linking to our partner sites set out in this agreement. You can enroll as a member of the EDATA MEDIA GROUP Program by creating a unique link to our partners using text or one of our banners located in the Affiliate backend. The necessary tracking and URL information can be easily obtained through your Affiliate reports.
- Site” means our partner website located at EDATA MEDIA GROUP and its related pages.
- “Player(s)” means a person that enters the Site via your Trackers and deposited money.
- “Tracker(s)” means the unique tracking URL that we provide exclusively to you, during the term of this Agreement, through which we track your efforts and calculate your Commission.
- “Banners and Text Links” means the graphical artwork or text that will be directed to our Site’s home page at one of our listed partners sites, through your Tracker, to permit a Player to hyperlink from your website to our Site.
- “Deposit(s)” means funds transferred by Players to their Site account.
- “Redeem(s)” means any and all funds withdrawn or cashed-out by Players from their Site account plus amount pending on the players account plus any Deposits reversed for credits given by us, in our sole discretion, to negate fraud, error, Player non satisfaction or through charge-backs.
- “Commission” is defined as: Casino: Net revenue = Gross Revenue (Player Losses – Player Wins] – Bonuses – Adjustments (Chargebacks – adjustments]
- “Spam” means emails and messages that are sent by you, directly or indirectly, which: 1]contain false or misleading statements; 2]do not truthfully identify the source or the originating IP Address; or 3]do not contain an online and real time unsubscribe option.
- “Fraud Traffic” means Deposits or traffic generated at the Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks.
- “Sub-Affiliates” means all traffic generated via your dedicated links and generated by a 3rd party you contacted and linked to the site.
2. Our Rights and Obligations
- Register your players. We will register your players and will track their play. We reserve the right to refuse customers (or to close their accounts] if necessary to comply with any requirements we may periodically establish.
- Track Players Play. We track every player you refer and will provide you with remote online access to customer activity reports and the Commission generated from their play.
- Pay a Commission. We will pay you Commission [defined above] we earn from players directed from your site after they open an account with us and generate real money, based on the formula described in point 1.8 above.
- 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 which we will notify you of. Modifications may include, for example, changes in the scope of available Commission, fee schedules, and affiliation 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 (WHICH WE WILL NOTIFY YOU OFJ WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3. Your Rights and Obligations
- Linking to our Partner Sites. By agreeing to participate in our Affiliate program, you agree to create a unique link from your site to our partners. You may link to us with one of our banners or with a text link. With our written permission, you may link directly to our downloadable .exe file. These are the only methods by whhe 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 notill not exceed the total Commission paid or payable to you 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. Any liability arising under this Agreement shall be satisfied solely from the marketing fee generated and is limited to direct damages.
- Agency Appointment. By this Agreement, we grant you the non-exclusive right to direct customers to our site 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 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 Commission or other compensation on business secured by or through persons or entities other than you.
- Approved Layouts. Without our prior written approval, you will only use our approved banners and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site. EDATA MEDIA GROUP
- Good Faith. You will not benefit from known or suspected traffic generated in bad faith whether or not it actually causes us damage. 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 Commission with respect to such traffic.
- Responsibility for Your Site. 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, attorneys’ fees] relating to the development, operation, maintenance, and contents of your site.
- License to use Marks. We hereby grant to you a non-exclusive, non¬transferable license, during the term of this Agreement, to use EDATA MEDIA GROUP intellectual-property marks [licensed, in turn by us, from their owner] solely in connection with the display of the banners on your site. This 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 which may prejudice our or our licensor’s rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
- Chargebacks. A charge-back is defined as an un-collectable Credit Card transaction from the Credit Card companies as a result of customer non payment or fraudulent credit card use. Any profits derived from fraudulent play will not be credited to your Affiliate account. Charge back fees will be paid to Credit Card companies and will be administered by EDATA MEDIA GROUP.
- Commissions. Commissions will be issued on a monthly basis on the 20th day of the month. You can select from several payment options to withdraw your funds. All payments due will be paid in USD or transferred to your chosen currency. Commissions will be based upon our good faith calculation based on our statistics.
- Negative Carry-Over. If the amount due for a particular pay period is negative (Withdrawals (including Chargebacks or Credits) exceed Deposits) then the negative amount will be carried over into the following pay period for the following month. Any chargebacks or credits received from the affiliate’s players will be deducted from the affiliate’s next commission payment. If you have more than one Tracker, then the above payments will be determined on the sum total of your Trackers combined.
Terms and Termination
- The terms of this Agreement will begin when you create a unique link 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 this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
- Upon termination. You must remove all of our banners/icons from your site and disable the link from your site to ours. All rights and licenses given to you in this Agreement shall immediately terminate. If you have failed to fulfil your obligations and responsibilities, we will not pay the Commission 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 play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
- Confidential Information. WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION] THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights.
- Commercial Use Only. This marketing opportunity is for commercial use only, and you, your family members, friends, associates may not make deposits, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Commission payable to you. If you wish to make test transactions to evaluate the system, including Deposits, please contact firstname.lastname@example.org so we can refund the charges once you have completed your testing. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deduct such Deposits or traffic from your Commission.
You shall defend, indemnify, and hold our partners, 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:
- Any breach by you of any warranty, representation, or agreement contained in this Agreement.
- The performance of your duties and obligations under this Agreement.
- Your negligence or 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 Affiliation Program.
We make no express or implied warranties or representations with respect to the EDATA MEDIA GROUP Program, Affiliate or marketing 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.
8. 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 paragraph.
9. 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 Affiliation 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 Commission paid or payable to you 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. Any liability arising under this Agreement shall be satisfied solely from the marketing fee generated and is limited to direct damages.
10. 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 OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATION PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
- Non-Waiver. 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. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
- Remedies. Our rights 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.
- 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 or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.