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Terms & Conditions
 

AlexAffiliates.com - Terms and Conditions

Last updated: 1st of July 2014

WHEREAS:

(A) These Terms & Conditions apply to participants in the AlexAffiliates.com Programme (“the Programme”).

(B) In these Terms & Conditions, “Company”, “we”, “us”, and “our” means Alex Affiliates a company with a registered office address of Promenade 3-9 Aachen.

(C) In these Terms & Conditions, “Affiliate”, “you” and “your” means the individual or organisation that is applying to become a participant in the Programme and who will accept these Terms & Conditions upon joining the same.

(D) By accepting these Terms & Conditions you agree to be bound by them and shall enter into a binding agreement with us (“the Agreement”).

1. DEFINITIONS AND INTERPRETATION

In these Terms & Conditions the following terms shall have the following meanings:

1.1 “Affiliate Administration Area” refers to the section of the website that is open to an affiliate to update their profile, assess statistics, create additional trackers, select banners/graphic artwork, change/update payment methods, and any other newly-updated or introduced utilities.

1.2 “Business Day” means any day other than Saturday or Sunday that is not a bank or public holiday;

1.3 “Commission Plan” or “Commission Plans” means the CPA, Revenue Share or Hybrid affiliate marketing campaigns for the Target Companies available to you to apply for via the Affiliate Administration Area.
 
1.4 “Marketing Materials” means the images, links, sound files or other imagery or other materials provided by us including a Tracker URL and Sign Up Bonus Codes for you to commence the Commission Plans.
 
1.5 “Commencement Date” means the date of your acceptance;
 
1.6 “Confidential Information” means all business, technical, financial or other information created or exchanged between the Parties in the course of fulfilling their obligations under the Agreement;
 
1.7 “Current Term” means the Term that the Parties may be in at any given time;
 
1.8 “Intellectual Property Rights” or “IPRs” means any rights subsisting in a copyright work, trade mark, patent or design and shall be construed in accordance with the Copyright Designs and Patents Act 1988, Trade Marks Act 1994 and Patents Act 1977;
 
1.9 “Net Gaming” is calculated as the sum total of all players’ transactions less any costs or chargebacks incurred by the Target Company.
 
1.10 “Real Money Player(s)” means a player that makes a ‘real’ monetary deposit to his or her account once their account is open irrespective of the time, while abiding by that room’s terms as regards to Real Money Players.
 
1.11 “Registration Data” means the information provided by the Affiliate when registering for enrolment in the Programme;
 
1.12 “Registered Email Address” means the email address of the Company as provided in the Affiliate Administration Area or the email address of the Affiliate as provided in your Registration Data;
 
1.13 “Spam” or “Unsolicited Promotions” means emails or any other messages that are circulated by you, directly or indirectly, including messages that are posted on newsgroups, chat rooms and other types of online forums and which: 1) are directed at people who have not consented nor confirmed that they wish to receive promotional messages from you; 2) contain false or misleading statements; 3) do not truthfully identify the source or the originating IP Address; or 4) do not provide the recipient with an option to easily “Remove” them from receiving future mailings or promotions.
 
1.14 “Sign Up Bonus Codes” means the unique alphanumeric code that Players signed up by an affiliate may enter when opening an Account with any of the rooms within our network. When entered, the system automatically logs the player data and also the Sign Up Bonus Codes and records you as the Affiliate.
 
1.15 “Target Company” or “Target Companies” means any of the companies including online casinos or otherwise where the traffic produced from a Commission Plan is directed to.
 
1.16 “Term” means the term of the Agreement, as defined in clause 12 of these Terms & Conditions, during which you shall participate in the Programme under the terms and conditions set out in the Agreement.
 
1.17 “Terms & Conditions” or “Terms” means the terms and conditions of this Agreement.
 
1.18 “Tracker URL” means a unique, encrypted hypertext link that is assigned to your account resulting in all referred traffic and earnings from your Commission Plans being tracked to your affiliate campaigns.
 
2. ENROLMENT IN THE PROGRAMME
 
2.1 By enrolling in the Programme you agree that, at the time of registration, you will provide accurate and complete Registration Data and that you shall inform us of any changes in your Registration Data.
 
2.2 By proceeding with your application for enrolment on the Programme this is evidence of your acceptance of these Terms. If you do not accept these Terms then please do not proceed any further.
 
2.3 Your application for enrolment on the Programme will be subject to our approval and in particular our rights under sub-clause 2.5 of this Agreement.
 
2.4 We may, at our sole discretion, review your website and Registration Data following your acceptance of these Terms & Conditions.
 
2.5 We may, in our sole discretion, choose to reject any application for enrolment in the Programme (“Application”) for any reason (and are under no obligation to disclose such reasons). Reasons for which the Application may be rejected include, but are not limited to, content on your website that:
 
(a) is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
 
(b) is sexually explicit;
 
(c) facilitates or promotes violence, terrorism, or any other criminal activity;
 
(d) infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
 
2.6 Upon enrolment in the Programme you will choose your affiliate login and username. You warrant that you will not share these details with anyone and it is your responsibility to ensure the security of these details at all times.
 
3. ACCESS TO COMMISSION PLANS
 
3.1 An application for access to any of the Commission Plans is done via the Affiliate Administration Area. We will conduct a due diligence process to determine the suitability of a Commission Plan for you. Before we consider your suitability for a Commission Plan you are required to provide all the Registration Data we require including the URL of your website and a description of your particular experience in affiliate marketing. We retain the sole discretion to decide whether your application for a particular Commission Plan is accepted and we reserve the right to suggest to you a separate Commission Plan if we deem the one you have applied for to be unsuitable. Access to CPA Commission Plans will depend entirely on our discretion.
 
3.2 In your Affiliate Administration Area will be the requisite Marketing Materials. The HTML code as it appears in your Affiliate Administration Area must be copied exactly and not altered in any way. Failure to comply with this condition may result in traffic to a Target Company not being tracked and therefore no commission will be paid to you.
 
3.3 Under no circumstances may any of the graphic files provided by us be modified in any way without our prior written authorisation. You may not use graphic files of your own to link to the Target Companies.
 
3.4 All graphic files that we may provide for use as links may be displayed throughout your website as you deem appropriate, subject to our prior consent (which shall not be unreasonably withheld) which must be obtained in all cases. We reserve the right to request the alteration or removal of a link from your website.
 
3.5 You are required to assume full responsibility to maintain all links to the Target Companies from your website.
 
4. SITE MAINTENANCE AND CONTENT
 
4.1 You shall be exclusively responsible for maintaining and updating your own website. Subject to the provisions of this clause 4 and clause 9 below, we shall not have any obligations to you for the maintenance or content of your website.
 
4.2 You may not host any content that:
 
(a) is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
 
(b) is sexually explicit
 
(c) facilitates or promotes violence, terrorism, or any other criminal activity;
 
(d) infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
 
4.3 We are under no obligation to pre-screen any content added to your website or any website under your direct or indirect control. However in the event that we provide you with written notification of any content that falls within that described in Sub-clause 4.2 of this Agreement, you will ensure that such content is removed within two Business Days of receipt of such notice.
 
5. AFFILIATE SALES REPORTING
 
5.1 Full reports of all Commission generated by you will be in your Affiliate Administration Area.
 
6. COMMISSION FEES
 
6.1 The specific commission rates are described in the Commission Plan in the Affiliate Administration Area. There are three forms of commission arrangements:
 
(a) Revenue Share is a commission structure which is calculated as a percentage of Net Gaming.
 
(b) Cost Per Acquisition Plan (“CPA”) is the fixed amount you receive for a referred customer, who starts to play for real money. In contrast to Revenue Share the CPA commission is paid only once.
 
(c) Hybrid is a combination of CPA and Revenue Share.
 
6.2 Commission shall be calculated only once we have received payment in full from the Target Company (“Paid Commission”). Only Paid Commission will be logged in your Affiliate Administration Area.
 
6.3 You will be entitled to withdraw Paid Commission subject to the withdrawal limitations imposed by the respective payment methods. All due payments will be payable to you in United States Dollars or Euros and will be paid to you within a reasonable time of receiving a request from you. Payment methods include Skrill (MoneyBookers), Neteller, or bank wire transfer.
 
6.4 In the event of any refunds, chargebacks, or claims by players at the Target Companies issued for any reasons including, but not limited to fraud you may be contacted to arrange for the repayment of any related Paid Commission.
 
6.5 All Commission Plans are subject to the specific rules and play through requirements imposed by the Target Company such as the Target Company imposing a minimum deposit or minimum wagering requirements or minimum loyalty points requirements on players before any commission is paid to an affiliate.
 
6.6 Any and all Paid Commission shall be based on revenue less any tax due; however you may still be liable to pay tax on your commission. By accepting these Terms & Conditions you hereby acknowledge that you are solely responsible for the payment of tax on any income you may generate through your involvement in the Programme.
 
6.7 We reserve the right to modify our commission rates of any Commission Plan at any time. This may be necessary where a Target Company unilaterally changes their commission rates and we have to adapt our rates accordingly. We will endeavour to provide you with as much notice as possible prior to implementing any such change.
 
7. FRAUD TRAFFIC
 
7.1 If we determine or any related third party, including the Target Company, determines that any traffic has been derived fraudulently, or any payment made by us where it is subsequently determined that evidence of fraud or dishonesty exists, we will terminate the Agreement in accordance with clause 12 and our rights are reserved with respect to reporting your activity and recovering any sums already paid.
 
8. INTELLECTUAL PROPERTY
 
8.1 Your use of the Intellectual Property Rights in the Marketing Materials (“the IPR Materials”) is only authorised to the extent required to establish links and perform your obligations under these Terms & Conditions.
 
8.2 In the event that you wish to use the IPR Materials for any purposes outside of these Terms & Conditions you must not do so without prior written consent from us.
 
8.3 By accepting these Terms & Conditions you hereby agree that:
 
(a) The IPR Materials shall remain the property of the Target Companies, and
where relevant ourselves, unless we or the Target Companies assign the IPR Materials to a third party;
 
(b) nothing in these Terms & Conditions shall be deemed to confer any ownership rights in the IPR Materials on you; and
 
(c) you shall not contest the validity of any of the IPR Materials.
 
8.4 Unless otherwise expressly indicated we are the sole and exclusive owners of all IPRs in our website www.alexaffiliates.com including, but not limited to: all code, text, sound, video, graphics, photographs and other images that form a part of the site. We shall also be the sole and exclusive owners of all IPRs which may subsist in any supporting documentation which shall include, but not be limited to, site plans, maps, design sketches and other preparatory material. We shall be the sole and exclusive owners of all IPRs which may subsist in all future updates, additions and alterations to our website, such material including any supporting documentation.
 
9. AFFILIATE WARRANTIES AND INDEMNITY
 
9.1 In accepting these Terms & Conditions you hereby warrant and acknowledge that:
 
(a) Your website does not and will not contain any content that:
 
(i) is in any way unlawful, harmful, threatening, obscene, harassing, discriminatory, defamatory or otherwise objectionable;
 
(ii) facilitates or promotes violence, terrorism, or any other criminal activity;
 
(iii) is sexually explicit; or
 
(iv) infringes or assists or encourages the infringement of any intellectual property rights belonging to any party.
 
(b) Your website is and shall remain functional and, subject to the provisions of clause 14 of these Terms & Conditions, reasonable downtime for maintenance or third-party access restrictions, accessible to all users of the internet;
 
(c) All necessary authorities, consents and approvals have been obtained in respect of your obligations under these Terms & Conditions and will remain valid and effective throughout the Term;
 
(d) Your obligations under these Terms & Conditions shall constitute legal, valid and binding obligations on you. Such obligations shall be direct, unconditional and general obligations;
 
(e) You will not engage in any unsolicited bulk email campaigns or other spamming practices that you may conduct to generate traffic for the Commission Plans;
 
(f) Should you engage in email marketing as a means of promotion for the Commission Plans, you will at all times ensure compliance with all relevant local laws including the CAN-SPAM Act and Privacy and Electronic Communication Directive. You will at all times at the very least ensure that recipients of your emails have opted in to receive such emails and that they are provided with the option to unsubscribe from any emails you send; and
 
(g) You will only apply for one affiliate account unless express permission has been granted by us.
 
9.2 By accepting these Terms & Conditions you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with:
 
(a) breach of any warranty given by you in relation to your website;
 
(b) any claim that your website infringes the patent, copyright, trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any terms stipulated by us; and
 
(c) any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these Terms & Conditions.
 
10. DISCLAIMERS
 
10.1 We make no warranty or representation that our website, the Programme, or Commission Plans will meet your requirements or those of your visitors, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all systems, that they will be secure and that all information provided will be accurate.
 
10.2 We make no guarantee of any specific results from the use of our website or from enrolment in the Programme.
 
10.3 We make no guarantee that our website shall remain functional and accessible to all users of the internet.
 
10.4 We cannot guarantee that our system both software and hardware will not have down time or will be error free at any point during our business operation. We will endeavor to provide you with customer and technical support in keeping with industry standards to make sure all problems are resolved on time and your accounts, reports and information is intact in regards to all commissions, payments and account holder information.
 
11. LIABILITY
 
11.1 We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
 
11.2 Our entire liability to you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with these Terms & Conditions or the Agreement shall be limited to no more than the amount of Paid Commission paid to you.
 
11.3 Notwithstanding any other provision in these Terms & Conditions, our liability to you for death or injury resulting from our own negligence or that of our employees, agents or sub-contractors shall not be limited.
 
12. TERM AND TERMINATION
 
12.1 These Terms & Conditions and the Agreement shall come into force and become binding on the Commencement Date and shall continue until terminated by either Party.
 
12.2 You may terminate the Agreement for whatever reason by giving us seven Business Days’ prior written notice.
 
12.3 We may terminate the Agreement by giving seven Business Days’ prior written notice to you:
 
(a) at any time where you have committed a material breach of these Terms & Conditions or the Agreement and such breach has remained unremedied 14 Business Days after receiving written notice of that breach; or
 
(b) if you enter into liquidation whether compulsory or voluntary (except for the purposes of bona fide reconstruction or amalgamation with the prior written approval of the other Party), or compounds with or makes any arrangement with its creditors or makes a general assignment for the benefit of its creditors, or if it has a receiver, manager, administrative receiver or administrator appointed over the whole or substantially the whole of its undertaking or assets, or if it ceases or threatens to cease to carry on its business, or makes any material change in its business, or if it suffers any analogous process under any foreign law.
 
12.4 Upon the termination of the Agreement for any reason, you shall cease promoting any of the Commission Plans and remove the Marketing Materials from your website and cease any form of email marketing.
 
12.5 Upon the termination of the Agreement for any reason, all licenses granted shall also terminate.
 
12.6 In the event that we terminate the Agreement in accordance with sub-clause 12.2(a), your account will be immediately frozen, you will be removed from accessing any of the Commission Plans and any Commission owed to you at that time shall be frozen and the following commission release process will apply:
 
(a) All pending commission from Target Companies and Paid Commission will be held for up to 90 days;
 
(b) At the end of this period, we will provide you notice of your total Paid Commission balance and request from you, where relevant, your preferred payment method and your payment details;
 
(c) Upon receipt of such details payment will be remitted to you within a reasonable period.
 
13. CONFIDENTIALITY
 
13.1 Each Party (“Receiving Party”) shall keep the Confidential Information belonging to the other Party (“Supplying Party”) confidential and secret and shall not use or disclose or make the Confidential Information available, directly or indirectly, to any person other than its officers and employees who need the Confidential Information to enable the Receiving Party to perform its obligations under these Terms & Conditions and provided that such officers and employees are also obliged to keep such Confidential Information confidential and secret. The foregoing obligations shall not apply to any information acquired by the Receiving Party which:
 
(a) at the time of its acquisition was in the public domain; or
 
(b) at a later date comes into the public domain through no fault of the Receiving Party.
 
13.2 Each Party hereby agrees and undertakes:
 
(a) that all Confidential Information shall be and shall remain at all times the sole and exclusive property of the Supplying Party;
 
(b) that its right to use Confidential Information shall wholly cease upon the termination of the Agreement; and
 
(c) to return to the Supplying Party on termination of the Agreement all material embodying Confidential Information (including information stored on digital media) or any part thereof and all copies thereof.
 
14. FORCE MAJEURE
 
14.1 Neither Party to these Terms & Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
 
15. NOTICE
 
15.1 Unless otherwise stated in these Terms & Conditions, the Parties agree that all notices to be served under the Agreement shall be in writing and may be sent by email to the other Party’s Registered Email Address and then, if no confirmation is received by the other Party, by post within 14 Business Days to the following addresses:
 
(a) For us: Alex Affiliates at Promenade 3-9, Aachen
 
(b) For you: the address provided by you during your registration for the Programme.
 
16. COMPANY / AFFILIATE RELATIONSHIP
 
16.1 Nothing in these Terms & Conditions shall constitute, or be deemed to create, a partnership between the Parties; nor, except as expressly provided, shall it designate, or be deemed to designate, any Party the agent of any other Party for any purpose.
 
16.2 Subject to any express provisions to the contrary in these Terms & Conditions, you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
 
17. GENERAL
 
17.1 No Waiver. The Parties shall agree that no failure by either Party to enforce the performance of any provision in these Terms & Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms & Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
 
17.2 Non-exclusivity. The relationship between the Parties shall be and shall remain non-exclusive. Both parties are free to enter into similar relationships with other parties.
 
17.3 Non-assignment. You may not assign any or all of your rights or obligations under these Terms & Conditions or the Agreement without our prior written consent, such consent not to be unreasonably withheld.
 
17.4 Press. You are not authorised to issue any sort of press release about our Programme and the Target Companies without prior consent.
 
17.5 Entire Agreement. These Terms & Conditions shall embody and set forth the entire agreement and understanding between the Parties and shall supersede all prior oral or written agreements, understandings or arrangements relating to the Programme or the relationship between the Parties. Neither Party shall be entitled to rely on any agreement, understanding or arrangement not expressly set forth in these Terms & Conditions, save for any representation made fraudulently. Unless otherwise expressly provided elsewhere in these Terms & Conditions, the Agreement may be varied only by a document signed by both of the Parties.
 
17.6 Severance. The Parties agree that, in the event that one or more of the provisions of these Terms & Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms & Conditions. The remainder of the Terms & Conditions shall be valid and enforceable.
 


 

 

 

 

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