WEBMASTER
MARKETING AGREEMENT
Recital
Affiliate
Lounge ("AL") is in the business of marketing and promoting
online merchant services (the "Service"), which are
accessed on the Internet through the use of a personal computer, a
modem and/or direct Internet access. In this agreement the Service is
defined as www.cherrycasino.com,
www.betsson.com,
www.casinoeuro.com
and other sites that may be added to AL and that you accept
expressively by activating your account for these sites.
The
Referral Company who operates the website and
desires to acquire from AL, and AL agrees to grant THE REFERRAL
COMPANY, the non-exclusive right and license to advertise, market and
promote the Service. AL shall reimburse THE REFERRAL COMPANY for
these promotional services, in accordance with the following Terms
and Conditions:
1.
Grant of Promotion and Distribution License
1.1.
AL grants THE REFERRAL COMPANY the non-exclusive, non-transferable
right and license to advertise, market and promote the Service
("Promotion Rights"), in accordance with the terms and
conditions hereof. All other rights and licenses not expressly
granted to THE REFERRAL COMPANY herein are reserved by AL.
1.2.
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, THEN YOU MUST NOT LINK TO THE Service.
2.
Rights and Obligations of AL
2.1.
AL shall retain the right to provide the Service in any form AL deems
appropriate; and retains the right to change any part of the Service,
at any time and in any manner AL deems appropriate, without prior
notice to THE REFERRAL COMPANY. However, any strategic change of the
Service that may affect the outcome for THE REFERRAL COMPANY shall be
made with prior notice to THE REFERRAL COMPANY.
2.2.
AL shall retain the right to cancel any part of the Service at any
time and in any manner AL deems appropriate. However, should AL want
to cancel any part of the Service, and /or any Promotional Rights,
because of any failure or breach of these Terms and Conditions on
behalf of THE REFERRAL COMPANY, AL shall give THE REFERRAL COMPANY
notice of this fact in order to give THE REFERRAL COMPANY the
possibility to correct the matter and overcome the failure.
2.3.
Notwithstanding the terms of these Terms and Conditions, AL shall not
be held responsible or liable for any loss of income, or loss of the
ability to produce income, incurred by THE REFERRAL COMPANY; even if
such losses should arise from the inability of AL to deliver the
Services stipulated in these Terms and Conditions for any reason
whatsoever, whether AL is at fault or whether a third party is at
fault.
3.
Rights and Obligations of THE REFERRAL COMPANY
3.1.
THE REFERRAL COMPANY shall use its best efforts to actively and
effectively advertise, market and promote the Service as to maximize
the benefit to THE REFERRAL COMPANY and to AL.
3.2.
THE REFERRAL COMPANY shall use its best endeavours to only engage in
advertising, marketing and promotional efforts, which do not violate
any law.
3.3.
THE
REFERRAL COMPANY shall bear all costs and expenses incurred in
connection with the advertising, marketing and promotion of the
Service; including without limitation, all costs directly related to
marketing.
3.4.
THE REFERRAL COMPANY will provide space for a banners and links on
the website/media channel. The banners will be designed by AL and
approved by THE REFERRAL COMPANY.
3.5.
THE REFERRAL COMPANY may not use UCE (unsolicited mass email), also known as
"spam", as a marketing tool to promote the casinos or the Affiliate Lounge.
Should THE REFERRAL COMPANY use spam the Affiliate Lounge will close any account(s) and withhold funds immediately.
Due to ongoing efforts, legal actions will be taken should the use of Spam be brought to AL's attention
3.6.
THE REFERRAL COMPANY acknowledges that, due to US legislation, it will not promote any gaming sites to customers in US territories under this Agreement. Promotion of the Service to customers in US territories is a breach against this Agreement and will void all commission to THE REFERRAL COMPANY.
4.
Compensation
4.1.
As used herein, THE REFERRAL COMPANY’s percentage (”Referral
Percentage”) shall be defined as the compensation paid to THE
REFERRAL COMPANY, based on the percentage of actual net revenue
received from customers (the "Users"), who utilize the
Service after being referred to the Service by THE REFERRAL COMPANY.
The actual monthly Referral Percentage shall be equal to the percentage
presented here of net monthly revenue (”Net Revenue”).
Casino Euro, Cherry Casino and Betsson Casino.
| Net Revenue Brackets |
Commission |
Your Earnings |
| $/€0 |
- |
$/€10 000 |
30% |
Up to: $/€3 000.00 |
| $/€10 001 |
- |
$/€20 000 |
35% |
Up to: $/€7 000.00 |
| $/€20 001 |
- |
$/€30 000 |
40% |
Up to: $/€12 000.00 |
| $/€30 001 |
- |
$/€50 000 |
45% |
Up to: $/€22 500.00 |
| $/€50 001 |
- |
unlimited |
50% |
Unlimited |
Betsson Poker, Betsson Exchange Betting and Betsson Sports Book.
| Net Revenue Brackets |
Commission |
Your Earnings |
| $/€0 |
- |
$/€10 000 |
25% |
Up to: $/€2 500.00 |
| $/€10 001 |
- |
$/€20 000 |
30% |
Up to: $/€6 000.00 |
| $/€20 001 |
- |
$/€30 000 |
35% |
Up to: $/€10 500.00 |
| $/€30 001 |
- |
$/€50 000 |
40% |
Up to: $/€20 000.00 |
| $/€50 001 |
- |
unlimited |
45% |
Unlimited |
To calculate the Net Revenue Bracket, the conversion rate $1 = €1 is used.
4.2
AL shall pay THE REFERRAL COMPANY each month for services rendered
during the preceding calendar month. Payment shall be made prior to
the 20th day of each month by transferring the funds to an account
submitted to AL by THE REFERRAL COMPANY.
4.3.
As of December 1st, 2005, THE REFERRAL COMPANY will be requested to split their players' transaction costs with AL.
4.4.
AL shall have the right to withhold any and all payments to THE
REFERRAL COMPANY if THE REFERRAL COMPANY is in breach of this these
Terms and Conditions.
4.5.
Where value added tax is applicable or becomes applicable, the fees, as stated above, payable to THE REFERRAL COMPANY, are inclusive of such VAT and where such VAT is to be accounted for by AL, it shall be deducted from the fees payable to THE REFERRAL COMPANY.
4.6.
THE REFERRAL COMPANY has the right; at it own
expense, to audit the systems and the figures related to this
agreement.
5.
Account Statements
5.1.
All payments due to THE REFERRAL COMPANY shall be made on or before
the twentieth (20th) day of each month, and will reflect payment for
services rendered the preceding month. Payment shall be accompanied
by a written statement that specifies the calculation of the sum to
be paid to THE REFERRAL COMPANY based on net revenue received by AL
with respect to the number of wagering Users. In addition, statements
may be adjusted by AL from time to time to reflect overpayments,
consumer charge backs and/or credits or underpayments to consumers by
AL
5.2.
THE REFERRAL COMPANY shall have the possibility to monitor the
Referral Percentage and the payments in real time using an online
monitoring system at a secure web site.
6.
Term of Duration and Cancellation
6.1.
AL and THE REFERRAL COMPANY has the right to cancel this Agreement
with immediate effect if either party is in material breach of these
Terms and Conditions.
6.2.
This Agreement (the Promotion Rights) will be in effect from the day THE REFERRAL COMPANY starts using the Service.
The Agreement may be terminated by AL or THE REFERRAL COMPANY at any time, by 30 days written notice.
6.3.
If the Promotion Rights are cancelled, and THE REFERRAL COMPANY is not in default of these Terms and Conditions,
THE REFERRAL COMPANY shall have the right to continue to receive a Referral Percentage on referred Users who
continues to utilize the Service after being referred to the Service by THE REFERRAL COMPANY during four months after
the day of the cancellation. Users that utilize AL facilities and services and all information relating to such Users
shall remain the property of AL at all times. AL reserves it selves the rights to terminate any partnership with
A REFERRAL COMPANY who does not actively promote one ore more brands in AL.
7.
Confidentiality and Non-Disclosure
THE
REFERRAL COMPANY and AL each agree that each may have access to, and
become acquainted with, Confidential Information of the other. THE
REFERRAL COMPANY and AL each specifically agree not to misuse,
misappropriate or disclose any such Confidential Information,
directly or indirectly, to any third party.
8.
Representations, Warranties and Indemnity
8.1.
Both parties warrants, represents and covenants that they have all
necessary rights, licenses, permissions and business permits; and
will comply with all applicable laws, rules and regulations in
connection with promoting the Service to Users.
9.
Governing Law
This
Agreement shall be governed by and construed in accordance with the
law of Malta.
10.
Amendments
AL
may modify any of the terms of this Agreement at any time, in our
sole discretion, by emailing THE REFERRAL COMPANY a change notice or
by posting the new Agreement on our Site. Modifications may include,
for example, changes in the scope of available Marketing Fees,
Marketing Fee percentages, time for payment and marketing rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO THE REFERRAL COMPANY, YOUR
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING POSTING OR NOTICE OF CHANGE WILL BE DEEMED
BINDING ACCEPTANCE OF THE MODIFICATION.
IN
WITNESS WHEREOF, THE REFERRAL COMPANY expressly agrees to the terms
and conditions of this Agreement by activating the account at AL.
Original: 04/10/01
Modified: 10/13/06
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