Terms and Conditions

Golden Street Standard Affiliate Agreement

Please take the time to read and understand the following document thoroughly prior to authorizing this Agreement, and retain a copy for your records.

If there is any part of these terms and conditions that you do not agree with, it is best if you choose not to join Golden Street Affiliates. It is in your best interest to gain legal counsel before acceptance of this Agreement. If you find that you disagree with these after you have joined the Affiliate Network, please send an email to [email protected] to begin the termination of the Agreement.

Any other inquiries shall be sent to [email protected]

The Agreement, which is made up of the Affiliate Sign-Up Form, the Affiliate Agreement, as well as other guidelines and terms provided to you by us, encompasses the complete terms and agreements that oversee participation in our Golden Street Affiliate Network.

Should a conflict arise between the Agreement and any other terms, the Agreement shall have priority, with the exception of any terms that directly relate to any amendments to this Agreement.

  1. Sign-Up and Registration

1.1 Eligibility
Any employee of the Group, including officers and directors, as well as their family members, are not eligible to join the Affiliate Network.  This also extends to include any of our corporations, affiliated subsidiaries, agents, contractors, representatives, partners, suppliers, etc.

1.2 Direct Participation
As a member of this Affiliate Network, you maintain that your participation in this Affiliate Network is yours and yours alone, and not on behalf of another impending member.

1.3 Network
The term “Affiliate Network” refers to the various brands and websites that have partnered with the Group.  For a complete list of all participating Sites and Brands in your Area, please check the list available on the website.  This list may change without any given notice.

1.4 Representation
By accepting this Agreement, you acknowledge that all information that you have provided on the Affiliate Sign-Up Form was done honestly and accurately. You acknowledge that if any area was not filled out accurately or completely that it may result in delaying Affiliate Earnings payments.

1.5 Additional Information
If we need you to provide us with further information, you will do so, in a timely manner.  Also, you grant us and our agents’ permission to provide third parties with any of this information we deem valid and necessary.  This may include having to order a credit report as well as possibly verifying this information in a third party database.

1.6 Application Denial
We maintain the right to turn down any Affiliate Network applicant without having to provide a reason, and without any liability to us.

1.7 Changes to Affiliate Account Data
Should you have to make changes at any time to the details that you had originally provided in the initial Affiliate Sign-Up Form, you will need to notify us of the new information as soon as possible.  Please see Clause 1.5 regarding any Group verification that may also be required.

  1. General and Interpretations

2.1 Acceptance
Your digital signature indicates that you have accepted the Affiliate Sign-Up Form terms and conditions.  This is a legally binding document between you and the group, which may periodically require modifications to be made, in compliance with Clause 2.2.

2.2 Modification
We will email you if any modifications have been made to the terms and agreements.  The date that any changes go into effect will be the day that Members are notified via email, or when the modification shave been posted to the website, whichever date is earlier.  If we have not heard anything from you regarding your inability to comply with said modifications within fourteen days of the email being sent, or the file posted, it will be taken as a binding contract that you agree with these changes.  The only exception to this would be any modifications that relate to the prevention of fraud, or any errors found in the Agreement.  If you find that you cannot comply with the modifications, the only course of action would be termination of your agreement and your participation in the Affiliate Network.

2.3 Contact in Relation to Promotions
Acceptance of this agreement grants us the right to contact you for promotional purposes, which you have previously agreed to take part in by accepting this Agreement. The exception to this would be Clause 2.2.

2.4 Clause Headings
Clause headings in this Agreement are strictly for clarification.

2.5 Inclusion
The term “includes” or “including,” or anything similar should be interpreted in an illustrative manner only.

2.6 Persons
The term “persons” may refer to individuals as well as any companies, organizations, corporations, governments, associates, states, or the like.

2.7 Language
This Agreement was created in the English language.  In the event of any loss of meaning in translation to a different language, the original version will be the only acceptable one.

2.8 Legislation
The term “legislation” may refer to any of the following: subordinate legislation, ordinance, statute, code, statutory provision, guideline, etc.

2.9 Date & Time Zone
Times and dates in this Agreement are conducted by the GMT Casablanca time zone.

  1. Definitions
    Please see below for the definition of specific words concerning this Agreement.

3.1 “Affiliate Account” is the account in which your earning from us are received.

3.2 “Affiliate Earnings” or “Earnings” is the amount of payment in which you are entitled, by the Earnings structure that may be found in Article 6.

3.3 “Affiliate Area” refers to the area of the website that you have access to.  This is a secure area that requires a passcode assigned by us upon your acceptance into the Affiliate Network program, in addition to a password.  This area contains certain things for members eyes only, such as trackers and marketing materials. This area of the website provides certain “members only” functionality, including facilities to check relevant statistics, register Sub-Affiliates, update your profile, create additional Trackers and select Marketing Materials.

3.4 “Affiliate Network” the definition for “Affiliate Network” can be found in Clause 1.3.

3.5 “Affiliate Sign-Up Form” indicates the registration form that was completed online and the details within that is mandatory for each Affiliate to complete when registering for the Affiliate Network.  This form may be located on our Website.

3.6 “Banners” and “Text Links” include the artwork or RSS feeds, texts, and Trackers that you may utilize to connect Services and Players from your website.

3.7 “Brand(s)”  “Brand(s)” may include any Partner or Group associated with online gaming.

3.8 “Earnings Period” is a calendar month.

3.9 “Family Member” refers to an immediate family member, including grandparents and siblings, as defined by law. This may include spouses or partners as determined by law, children, including those from a spouse or partner’s previous relationships, mother- or father-in-laws, or grandchildren.

3.10 “Fraud Traffic” refers to any deposit, traffic, or revenue via illegal means, regardless of any damage or losses it may or may not have caused.  This includes, but is not limited to, the use of stolen or unlawfully obtained credit cards, money laundering, site, service, or system manipulation of any kinds, fake accounts created with the sole purpose of increasing Affiliate Earnings, the breach of contract with Real Money Players, using third-party accounts without authorization. Also included is any action that can be considered as Fraud Traffic as defined by Clause 8.4.

3.11 “Intellectual Property Rights” this includes, but is not limited to, design rights, trademarks, business/trade names, domain names, copyright, etc., regardless as to if they are registered, or have registration applications on file that have not expired.

3.12 “Marketing Materials” includes any print material, as well as emails, texts, web pages, RSS Feeds, etc. or any other material used with the purpose to promote the business, that we have granted permission for you to use to help promote Services and Sites to possible Real money Players. Participating Marks (see Clause 3.13) may also be included under Marketing Materials.

3.13 “Participating Marks” include any domain, logo, trade name, trademark, and service mark that may be under ownership by Golden Street or any of our partner, even if they are not registered or have applied for registration.

3.14 “Partners” includes any client, licensee, or additional business associate currently participating in the Affiliate Network.

3.15 “Player(s)” is someone that has created a player account, regardless if its part of your Tracker, and that is using services or products on our Site(s).

3.16 “Player Account” refers to the account that a player successfully creates through a Tracker.

3.17 “Promotion Code” refers to any one-time use alphanumeric code used by a Real Money Player in their account.  This code directly associates players to affiliates and takes priority over any tracking cookie.

3.18 “Real Money Player(s)” refers to any Player(s) meets and accepts all qualifications necessary to participate in our casino legally, and that is part of your or your Sub-Affiliates Tracker.  To qualify, they must also be new to us, not residing in a Restricted Territory, pass any and all verification we require and has agreed to our Players terms and conditions.  We maintain the ability to change any or all of these guidelines at any time via a note in the Affiliate Area of our website, or by providing an email to you about these change.

3.19 “Regulator” is any person or persons who monitor and enforce the rules and regulations as put forth in this Agreement.

3.20 “Restricted Territories” include Costa Rica. This may change depending on the Brand, which may consist of other restricted territories.  Restrictions must be posted in writing on our within the Affiliate area.  Clause 2.2 outlines any exceptions to this.

3.21 “Revenue” refers to any monies received directly to the Group from the accounts of Real Money Players from prize drawing or competitions, entrance fees that have been deducted from the total bets made. This excludes any funds that may have been earned via a bonus either in part or in full or any monies that have been given as a result of a chargeback or appeal.

3.22 “Services” refers to any service or product offered to any Player by the Group or Affiliate Network on the Sites.

3.23 “Sites” refers to websites or additional online platforms that we control either by ourselves or for our Partners, including any pages which may be related to the site, and in which Players can gain access to services or create a new Player Account.

3.24 “Software” is considered the software that we have provided to you online for the sole purpose of allowing you to access the Services.

3.25 “Spam” refers to any email, letter, or other notification that is unsolicited and not authorized and, that may directly relate to our Partners, our Services, Sites, or ourselves that may be received periodically.  These items may contain Trackers, Marketing Materials, or Participating Marks and violate this Agreement.

3.26 “Sub-Affiliate” is an additional affiliate that has been referred to you and has joined the Affiliate Network.

3.27 “Sub-Affiliate Earnings” refers to Affiliate Earnings that are payable to any Sub-Affiliate.

3.28 “Term” indicates the period from the acceptance of the Agreement until said Agreement is terminated or expires.

3.29 “Tracker” The term “Tracker” refers to the means the exclusive URL or Promotional Code that’s sole purpose is to track Real Money

Players online activities and to accurately compute Affiliate Earnings,

3.30 “Tracking Cookie” refers to the particular browser cookie that is created when a Players uses a tracker.  This item identifies the Affiliate and the promoted site, and allow us to connect you with the Player.  This cookie does not expire unless the Player (or potential Player) overrides it, or the Group deactivates it per the terms of the Agreement.

3.31 “Tracking URL” refers to a hyperlink or any other linking tool that is used for reference to the sites and/or services in which Real Money Players, or Potential Players are referred.  In the case of a Player creating a Player Account, the system will then instantly log the Tracking URL, which marks you as the Affiliate.

3.32 “Website(s)” is nothing more than the actual URL of the Affiliate Network website (www.goldenstreetaffiliate.com) or any other website that may need to be used periodically, including but not limited to our RSS Feeds.

3.33 The following terms of this agreement can be defined as:

(a) “you”, “your” and/or “affiliate” can refer to an individual that can be considered the “Beneficiary” In regards to payments on the Affiliate Sign-Up Form, and

(b) “we”, “our”, “us”, and/or “Group” can refer to the UK registered company in which we operate from Park Lane Services Limited, 35 Vine Street, London, UK EC3N 2AA.  This information is subject to change in the case of the restructuring of the Group or assignments.

  1. Confidential Information

4.1 Sensitive Information
You are prohibited from sharing any confidential or sensitive Information to any outside party without the written consent from us during the entirety of the term which is outlined in your contract.  This information includes, but is not limited to Software, technology, our operations, Partners, or business as a whole, as well as the Affiliate Network. This extends for the duration of your Term, as well as after the Agreement has been terminated.

4.2 Software
The Group maintains the ownership of the software that is used.  As a result of accepting this Agreement, you will not change, translate, adapt, decompile, or attempt to find out the Software source code with the purpose of publishing, distributing, or creating unoriginal works from said Software.  Also, you will not transfer, ship, or export the software to any country or territory where it will be used illegally by their laws and regulations.

4.3 Information Sharing
We hold the right to inform any Real Money Player that they have an Affiliate Association if we see fit.

4.4 Compliance
We reserve the right to report any details to the appropriate Regulator if required by law, and our Agreement does not prohibit us from doing so.

  1. Terms & Conditions

5.1 Referring to Our Brands and Sites
Complying with and participating in our Affiliate Network maintains that you agree to make and keep up with Brand and Site Trackers that are associated with our Affiliate Network.

5.2 Rights to Real Money Players
All rights, ownership, and exclusivity to Real Money Players will be given up at the point in which they are referred to a Brand that is part of our Affiliate Network. Your Affiliate Earnings for these RMPs will be paid as defined in Clause 7.

5.3 Spamming
Spamming is prohibited and may result in the forfeit of your Affiliate earnings, and termination of this Agreement. Any instances of Spam that are brought to our attention will result in an official warning issued by us by phone or email.  If after seven days the warning is not complied with or reasonable attempts have not been made, you will forfeit your Affiliate Earnings, and the Agreement will be terminated.

5.4 Participating Marks and Domain Names
Acceptance of this agreement signifies that you agree with the Group and its Partner’s ownership of the Intellectual Property Rights as well as the entirety of the Marketing Materials, Sites, Participating Marks, and Services.  If you choose to use any service marks, trademarked items, domain names, logos or trade names that may include content that is similar to that which is owned by Us without prior written authorization, then you are risking committing Fraud Traffic.   Registration of any domain name that includes portions or the entirety of Participating Marks, as well as items that bear a close resemblance to the Participating Marks, is prohibited.  Any items that may fall into these categories shall be signed over to us immediately.  The registration or purchase of search terms or keywords, or any other search engine tools is prohibited.

5.5 Trade
You will not engage in selling, purchasing, trading, or brokering of any affiliate account.

5.6 Transfer
Written permission from an Account owner must be obtained before Affiliates transferring an Affiliate account

5.7 Good Faith
Acceptance of this Agreement maintains that you will not participate in Fraud Traffic, actual or suspected, regardless of whether or not it causes any loss, damage, or harm, with the possession of the knowledge that you are engaging in said behavior.  Should we believe that this behavior has occurred, we maintain the right to hold back Affiliate Earnings, as well as retention of accounts.

5.8 Responsibility for Your Website
You are the only one responsible in regards to the operation, development, and maintenance of your website, and are responsible for all materials which may appear on it.

5.9 Cross-Promotion
The Affiliate Group does not have the authority to promote or market other Affiliates.

5.10 License to Use Participating Marks
Acceptance of this Agreement also grants you a non-transferable license valid during the Term of your agreement. This allows you to use Participating Marks with the sole purpose of displaying Marketing Materials on your particular Website or for any activities conducted offline, as long as they are used within the terms of the trademark, or the standards that we have set periodically.  The license is yours, and yours alone, and cannot be transferred or used by any other individual.  Also, you will not oppose the Participating Marks’ ownership, validity, or enforceability in any manner.  If you become aware of any activity that can be considered misappropriation or infringement of said Participating Marks by a 3rd party, you will let us know immediately.  Also, you will assist us in any means necessary to handle any action taken against those guilty of the infringement.  You permit us to inspect your website at any time to ensure that any and all Marketing Materials and Participating Marks are used appropriately and within the guidelines set by this Agreement.  Should we find any areas in which you are in violation of these guidelines, you will have 15 days in which to make changes to bring them up to compliance.

5.11 Marketing Responsibilities
Any and all Real Money Players shall be directed, referred, and marketed tour our Site and Service upon acceptance of this Agreement.  As a member of the Affiliate Network, you are the only person responsible for the details of the marketing and referral materials.  Any and all marketing materials must follow specific terms and rules, as well as laws in some instances, and must be in compliance with this agreement.  No changes or modifications to the Marketing Materials are allowed without prior written authorization.

5.12 Restrictions on Marketing Activities
You do not have permission to authorize for yourself or any third party:

5.12.1 Put Marketing Materials on a website or other area where the current content of said location is slanderous, obscene, pornographic, sexually explicit, malicious, or unsuitable in any other manner.  If you have any questions as to whether or not the content is an appropriate place for our Marketing Materials, please contact our legal department at [email protected].

5.12.2 Put any PR or marketing strategies in place that may have their target audience as those that are not 18 years or older or those that are not of legal age for the area in which you are targeting.

5.12.3 Utilize the Marketing Materials in a way that may be confusing to a Player or Players.

5.12.4 Put Marketing Materials on a website where the content on said site may:

(a)   Encroach on the Intellectual Property Rights of a third party;

(b)  Creates content identical or nearly identical to any other website;

(c)  Mocks, ridicule or causes other damage to the reputation of our Partners in any way

5.12.5 Change, interpret, read, record, or modify any of the items in the electronic form that was filled out as part of this Agreement, or to any other forms that may have been sent into us.

5.12.6 Change a website in any manner that may affect the operations of or accessibility of said site or service.

5.12.7 Create a Player account for a third party or give authorization or assistance to someone registering as a Player.

5.12.8 Utilize rake-back schemes, or anything similar, that would allow part of the Player’s revenue contribution to go back to the player or arrange payment to the Player of a portion of your Affiliate Earnings.

5.12.9 Do anything that may potentially cause a Player to be confused in regards to the relationship between them and us, or you, or regarding who owns and operates the sites and services.

5.12.10 Publish or post any kinds of ads, marketing materials, promos, or communications in the area of the Sites or pages.

5.12.11 Utilize Participating Marks in conjunction with services, ads, goods, or publications outside of the provided and authorized Marketing Materials.

5.12.12 Make it so the sites, either in part or as a whole, open in the browser of a visitor, or in any other manner, without the visitor having clicked on the Text Links or Banners, or other Marketing Materials.

5.12.13 Redirect or intercept web traffic from any site. This includes user-installed software.

5.12.14 Use the Sites as promotional tools for other sites that may share a similar look or qualities to this Site or imply that those websites are the same as this site.

5.12.15 Try to contact Players, both indirectly or directly, for promotional purposes, or to offer any other services or products from you or a third party, without previous written authorization from us.  This includes chat boards, emails, and Spam.

5.12.16 Will not contact persons that reside within the Restricted Area for marketing or promotional purposes.  You are also not authorized to find a way around the restrictions that have been implemented in an effort to sign up Real Money Players, or the hide the actual location of a Player.

5.12.17 Legally bind our partners or ourselves to third parties or to Players.  We reserve the right to use our sole discretion to determine if you have engaged in any of these activities, the result of which may be the termination of this Agreement and the withholding of any Affiliate Earnings that may be owed to you.

5.13 Assignment
Unless you have already received written authorization from us, you are not permitted to assign in equity in any manner, nor assign at law, deal in any way, or sublicense this Agreement, including any rights that may be under this Agreement.  Included in this is subcontracting your obligations either in part or whole.

5.14 Commercial Use Only
Only commercial use of the marketing opportunity is allowed.  You are not authorized to make any deposits through your or a Sub-Affiliates Tracker(s) to a Player Account, either indirectly or directly.  You are also not permitted to create and register a Player Account for yourself, any of your Family Members, employees, advisors, agents, or friends, or attempt to commit Fraud Traffic by increasing the number of your Affiliate Earnings at any time.

5.15 Sub-Affiliates do have the authority to refer people to us to potentially join the Affiliate Network.  Those that do complete the proper paperwork and are then approved to participate will earn you a referral fee for the activities, provided they are registered via the “Register Sub-Affiliate” area on the Affiliate Area on the Site.  Credit is only given to those Sub-Affiliates that agree with all terms and conditions of the Agreement.  Those that are already registered as an Affiliate may not be re-registered as a Sub-Affiliate.  Also, you are not authorized to:

(i) Register a family member, relative, or yourself as one of your Sub-Affiliates;

(ii) Give a false name when registering Sub-Affiliates;

(iii) Entice persons to become Sub-Affiliates with money or goods without prior written authorization from us.  This includes any types rake-back schemes;

(iv) Try to add or manipulate anything in our Terms in this Agreement in regards to a Sub-Affiliate;

(v) Accept payment for Sub-Affiliates.  All payments to Sub-Affiliates will be received directly from the Affiliate Network and us.

  1. Tracking

6.1 Tracking Cookie Placement
Tracking URLs direct potential players to the Affiliate Network which will allow them to see you as the Affiliate, as well as the Site in which you are promoting.  This will be held as a Tracking Cookie on the Player’s computer until the Player deletes it, or if another cookie overrides it.  There is no expiration on Tracking Cookies, but the Group does have the ability to deactivate as outlined in this Agreement.

6.2 Use of the Tracking Cookie
A Player’s Tracking Cookie will be read when they register their Account.  At this time, the Player’s Account and the Affiliate will be linked provided the (i) Site in which the Player is registering is the correctly promoted site for the Tracker; and (ii) the Affiliate is eligible and able to be identified.  Site-specific Tracking Cookies may not be used on any other sites by the Affiliate Network, even if they are similar.

6.3 Player Linking
Once a Real Money Player creates an account, they are legally bound to the Affiliate in which it is associated, except any Clauses in this Agreement that may be applicable.  This will hold true for the duration that their account is active, and the agreement is valid.

  1. Affiliate Earnings Structure

7.1 Real Money Player Revenue Share

Your Affiliate Earnings amount of 40% Real Money Player Revenue will be applicable during the duration of the Term of this Agreement.

7.2 Sub-Affiliate Revenue Share

Also, you will also receive 5% of the Revenue that the Group gets from Real Money Players that have been referred via the Sub-Affiliates associated with you.  This amount does not affect any of the Sub-Affiliate Earning, which are paid directly to the Affiliate in addition to the Sub-Affiliate Earnings directly by the group.

7.3 Credit
The Group will not issue any credit to Affiliates.

7.4 Zero Negative Carry-Over
While some Services and Brands, such as casinos, may be at risk for having a negative amount of Affiliate Earnings, we have determined that it is our best interest, as well as that of our Affiliates, do not carry over a negative account balance.  The only exception to this would involve a High Roller, in which case they would be moved to a separate account in which you would still receive payment, but that a negative balance would also carry over. However, we reserve the right to institute a negative carryover policy should the need arise.

7.5 Earning Currency
Affiliate Earnings are amassed in US Dollars (USD).  All Affiliate Earnings are calculated on each transaction for the conversion rate, if applicable, would be most accurate and correct.

  1. Payments

8.1 Eligibility
Affiliate Earnings can be paid if you have had the account for at least 30 days, and the Earnings are at least USD 50.00.

8.2 Payment Requests
The Group automatically creates Affiliate Earnings payments as long as the guidelines found in Clause 8.1 are met.

8.3 Amounts /No Bundling
The amount of the Affiliate Earnings payment will be the collective amount of all Brand-specific Affiliates which have positive revenue amounts.  For example, if Brand A’s earnings are 400.00, Brand Bearns-150.00, and Brand C earns 300.00, the total amount that the Affiliate will receive is 700.00.  However, bundling will be reinstated if the management deems it in the best interest of the Group.

8.4 Holdback of Affiliate Earnings for Fraud Traffic
We have a zero-tolerance policy in regards to fraud and inappropriate play and may hold any Affiliate Earnings during the investigation of potentially fraudulent activity.  If we find that any fraudulent activity may be in question, we will not pay the Affiliate Earnings for those Real Money Players whom we suspect.  Should we be able to verify that Fraud Traffic has occurred, we have the right to (i) void and consider forfeit any Affiliate Earnings that may be associated with the Fraud Traffic, and (ii) void any or all winnings that were earned by a Real Money Player or Players, as well as (iii) recalculate your Affiliate Earnings to take into consideration any fraudulent earnings.

8.5 Method of Payment
All payments made to you will be made in USD, regardless of the type of currency that may have been initially used or that is associated with the Tracker in which the Player is assigned.  We will determine the best method of payment, albeit wire transfer, check, or any other method we deem necessary.  We will do our best to honor your preferred method of payment.  Any fees that are associated with checks and wire transfers, or any 3rd party charges, are your responsibility and may be taken out of your Affiliate Earnings. We do not hold any liability in regards to any 3rd party fees or currency conversion charges which may be associated with deposits or withdrawals by us into your Affiliate Account.

8.6 Disputes
In the case of disagreements in the number of Affiliate Earnings you have earned, please contact us in writing about the dispute immediately.  For us to consider this dispute, we must receive the written notice within 30 days of the end of the Earnings Period in question, or the claim will be dropped. Depositing a check that was issued as payment by the Group for the Affiliate Earnings, or by accepting a wire transfer from us for the same reason will indicate that you agree to the amount issued without question for that particular Earnings Period.  Should any overpayment occur on our end, we hold the right to remedy this at any time, in agreement with Clause 11.5.

8.7 Time of Payment
We strive to do everything in our power to issue payment of earnings as quickly as is within reason at the beginning of each calendar month.  This typically occurs within the first full week, seven days, of that calendar month.  Also, we may have to institute restrictions on the amount of funds that can be withdrawn from your Affiliate Account at these times to assist our administrators and to withhold the integrity of your Affiliate Account.

8.8 Player Tracking
Acceptance of this Agreement indicates that you agree and understand that for you to receive your Affiliate Earnings from a Real Money Player that they must use your Tracker or Promotion Code.  We do not hold any liability if you do not receive Affiliate Earnings as a result of the Real Money Player’s inability to use the Promotion Code or Tracker.  You also understand that we utilize the information that you have provided as a result of being part of our Affiliate Network to issue you your Affiliate Earnings and that this information utilizes Promotion Codes and trackers to link Real Money Players to you and your Affiliate Account.  We maintain the right to change the system that we use to track and report this information at any time.

8.9 Money Laundering & Compliance Procedures
Should we become aware of any potential crime-related or money laundering processes going on, we will notify you of what policies and laws have been instituted and will need to be followed immediately.

8.10 Taxes
You are solely liable for any and all taxes that occur as a result of payments to you, in addition to abiding by any laws and registration procedures that have been put into place regarding income tax and other like payments.  Additionally, you are responsible for ensuring that these taxes and any applicable social security fees are paid on behalf of your staff, if applicable.  Value Added Tax, other sales taxes, and turnover taxes are also your responsibility.

8.11 Transfers
Any and all Affiliate Earnings are only able to be paid from the Group to you directly and are not able to be then given to any other Affiliates or Players.

  1. Reports

To accurately calculate your Affiliate Earnings, we will track and pull reports on the activity of Real Money Players, the frequency of which is to be determined by us.  These reports will give us information such as the number of new Real Money Players in a predetermined period, that can also be sorted based on which Tracker is used. In addition to the total amount of Affiliate Earnings for each Brand listed, after any and all necessary deductions have been made, as outlined in the Agreement.  We have also created daily reports available for you to view online that highlight this information.  We do not hold any liability in regards to the accuracy of these reports.

  1. Term, Termination, and Consequences

10.1 Term and Termination
This agreement becomes effective upon your indication of acceptance as can be found on the Affiliate Sign-Up Form, and will be terminated at the end of the Term, or at any other time as listed in this Agreement.

10.2 Termination by You
Should you wish to terminate this agreement for any reason, please provide us with written notice of your intent via email to [email protected].  Please be sure that “Termination” is prominent in the subject field.  Termination includes that of this Agreement as well as you're part of the Affiliate Network in its entirety.  It is not possible to terminate a Brand or Site individually.  Once you have completed the termination of your Agreement, you will need to make a withdrawal of any funds in your Affiliate Account within 30 days of emailing us.  After this time, if there are any funds left in the account, they will be concerted forfeited and returned to our Partners or us.

10.3 Termination by Us
We reserve the right to end this agreement, with or without cause, if ever we see fit, by providing an email to you.  We may also withhold your account balance and recover any affected earnings if you have broken your contract in any manner. Be advised that we also have the right to terminate as a result of one or more of the following:

(a)    You have a breach of the contract;

(b)    The Group finds that you have used our Services to commit fraud, money laundering, or any other unlawful activity.

10.4 Termination of Specific Trackers
We withhold the right to suspend or terminate Trackers without cause, and without termination of the Agreement.  If this is the case, we will provide you with an email or a fax regarding this matter, utilizing the email address and fax number you may have provided to us.  The termination of an individual Tracker will also terminate any Affiliate Earnings you may have received as a result of that particular Tracker.  No other active Trackers will be affected.

10.5 Suspension by Us
Should we have to terminate this Agreement or any individual Tracker, we also hold the right to suspend the Tracker or Agreement.  Should a suspension occur, we even may have to suspend Affiliate Earnings payments that may be related to the Tracker(s).  Any payment due from these Trackers will be issued once the suspension has been lifted, unless any Fraud Traffic has been discovered, per Clause 8.4)

10.6 Effect of Termination / Consequences
In the event of a termination of Agreement, the following will happen:

(a)    Promotion of Services, Affiliate Network, Sites, Brands, etc. will cease, and all licenses and rights given under the terms of this Agreement will be terminated.

(b)    Any and all Marketing Materials and Confidential Information will be returned to us.

(c)    We reserve the right to activate, deactivate, or redirect Trackers, and withhold the obligation to issue payment for Players that may become Real Money Players.

(d)    If no Affiliate Earnings are due, we are no longer liable to issue payment of any additional Affiliate Earnings.

(e)   Clauses 2, 3, 4, 5.7, 5.8, 7.4, 8.4, 10, 11, 12, 13, as well as any other and such other items that are deemed necessary to interpret or enforce the Agreement properly, will have no expiration date.

  1. Disclaimers and Limitation of Liability

11.1 Disclaimer
In the event of a termination of Agreement, the following will happen:

(a)    Promotion of Services, Affiliate Network, Sites, Brands, etc. will cease, and all licenses and rights given under the terms of this Agreement will be terminated.

(b)    Any and all Marketing Materials and Confidential Information will be returned to us.

(c)    We reserve the right to activate, deactivate, or redirect Trackers, and withhold the obligation to issue payment for Players that may become Real Money Players.

(d)    If no Affiliate Earnings are due, we are no longer liable to issue payment of any additional Affiliate Earnings.

WE DO NOT WARRANT OR MAKE REPRESENTATION, EITHER IMPLIED OR EXPRESSLY, AS DEFINED BY LAW OR OTHERWISE, AS TO THE QUALITY, PARTICULAR FIT, MERCHANTABILITY, WITH THE RESPECT OF OUR AFFILIATE NETWORK, OUR BRANDS, SITES, SERVICES, OR THOSE PRODUCTS OR SERVICES THAT ARE RELATED TO OUR SITE, BRAND, NETWORK, SYSTEM, ETC., OR THAT 3RD PARTY HARDWARE OR SOFTWARE WILL BE FREE FROM ERRORS.  ANY AND ALL WARRANTIES AND TERMS AND CONDITIONS ARE EXCLUDED TO THE FULLEST EXTENT AS PERMITTED BY LAW. WE (INCLUDING OUR VENDORS AND PROVIDERS) ARE REQUIRED TO UPHOLD SYSTEM REDUNDANCY IN REGARDS TO HARDWARE, NETWORK, OR SOFTWARE.

11.2 Indemnity
You shall defend, indemnify, and hold the Group, and our respective directors, officers, employees and representatives harmless from and against any and all claims, proceedings, demands, liabilities, losses, damages, and costs, including without limitation legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence, (d) Fraud Traffic attributable to you or your Real Money Players or (e) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use by you of the Affiliate Area, Sites, Services, Participating Marks, Marketing Materials and the Affiliate Network.

11.3 Reduction of Fraud
We may, in our sole discretion, use any available means to block, restrict, remove or discount from your Tracker(s) specific Real Money Players, deposits or play patterns or reject the applications of potential Real Money Players and/or Affiliates so as to reduce the number of fraudulent transactions or for any reason. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention efforts.

11.4 Liability Limitation
Our obligations under this Agreement are ours and ours alone and do not take into consideration those of our directors, agents, vendors, owners, shareholders, officers, employees, or suppliers of our Group. We are not liable in the case of any indirect, incidental, direct, consequential, special injury, loss, or any damage, regardless of being advised of such possibility. This includes any loss associated with business, profit, revenue or data.  The maximum total liability permitted as outlined in this agreement in regards to a breach of duty or any other possible way may only be for direct damages, and will not be more than the total Affiliate Earnings you have been paid in the six month period before the date of the liability. Nothing in this Agreement will limit or exclude the liability of either party should death, or personal injury occur due to the party’s involvement in fraud or negligence.

11.5 Set Off
We hold the right to set off payments that would otherwise be paid to you, without holding any liability to us, which includes any claims that may have been brought to light that arise from are a result of a breach in this Agreement by you.

  1. Independent Investigation

12.1 Independent Investigation
YOUR ACCEPTANCE OF THIS AGREEMENT IMPLIES THAT YOU HAVE PERFORMED YOUR INDEPENDENT EVALUATION OF THE MARKETING DESIRABILITY OF THE BRANDS, SITES, AND SERVICES.

12.2 Independent Research
YOU HAVE THE UNDERSTANDING THAT GAMBLING LAWS VARY IN REGARDS TO DIFFERENT CITIES AND/OR COUNTRIES, AND THAT YOU HAVE RESEARCHED AND UNDERSTAND THESE LAWS AND HOW THEY MAY BE APPLIED TO AND AFFECT YOUR ACTIVITIES, AND THAT YOUR PARTICIPATION IN OUR AFFILIATE NETWORK WILL NOT VIOLATE THESE LAWS OR RULES.

  1. Miscellaneous

13.1 Notices
Any notices that need to be sent to you in regards to this Agreement will be done so in the following manner: utilizing the email address that you have provided to us on the Affiliate Sign-Up Form, or have updated in writing should it have changed, and to us at the following email address: [email protected].  We will determine that an email has been received once 24 hours from the time that it was sent has passed.

13.2 Relationship of Parties
Acceptance of this Agreement considers that all parties involved agree and understand it in its entirety.  Any changes, albeit additions, deletions, modifications, or amendments, will not be regarded as valid unless written authorization has already been obtained as required by Clause 2.2.  There is no exclusivity permitted between parties under this Agreement, nor does anyone have binding approval unless already permitted in this Agreement.

13.3 Non-Exclusive
Any and all rights that have been given to you are non-exclusive.  We reserve the right to agree to marketing terms with other Affiliates, either directly or indirectly, that may be the same or different to those that have been outlined for you in this Agreement.  We may redirect web traffic, as well as Players and users to any online site as we deem necessary, without having to provide compensation to you.

13.4 Press
The issuing of press releases or other public communication, excluding that which is preapproved marketing or promotional materials, in regards to the Group, Services, Brands, Websites, or Partners, this Agreement without previously getting authorization from us, unless required by law.

13.5 Assignment
The only time you can assign in equity or at law, sublicense, or subcontract any of your obligations under the terms of this Agreement.  Doing so will be a breach of this contract.

13.6 Governing Law
The entirety of this agreement, in addition to any modifications or variations thereof, shall be considered implemented in the UK and is required to follow any and all laws and guidelines without causing conflicts.  In addition, in agreeing to this contract means that the government of the UK will have jurisdiction over any dispute or claim that may come about as a result of this Agreement.

13.7 Severability
If at all possible, all provisions that are outlined in this Agreement will be understood to be valid and effective under any applicable law.  If a provision is found to be invalid, unenforceable, or illegal in any manner, then that provision will only be not effective until the point where it reaches invalidity, without affecting the rest of the Agreement or other provisions.

13.8 Entire Agreement
Our obligations under this Agreement are ours and ours alone.  We are not liable in the case of any indirect, incidental, direct, consequential, special injury, loss, or any damage, regardless of being advised of such possibility.

13.9 Third Party Rights
Our obligations under this Agreement are ours and ours alone.  We are not liable in the case of any indirect, incidental, direct, consequential, special injury, loss, or any damage, regardless of being advised of such possibility. The Rights of Third Parties Act of 1999 does not apply to this Agreement.

13.10 Non-Waiver
Any break of a provision in this Agreement will not be thought of as a waiver of any other provisional break of the same provision or others.

13.11 Remedies
We maintain that our remedies and rights henceforth are not exclusive to us, that being specifically meaning that the implication of any one provision in the Agreement, or more than one, will not impede the implementation of another provision.  Acceptance of this agreement recognizes that any damage may not be enough to declare a breach of the Agreement, either threatened or actual.  However, should a breach occur, we have the right to insist upon amenability in regards to a reasonable solution. There is not anything in the Agreement that will inhibit our legal rights should any breach of the Agreement be discovered.