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Welcome to CasinoExtreme.BIZ
the indispensable affiliate solution that enables you
to generate
income from your website.
CasinoExtreme.BIZ offers you a reliable and user-friendly
way to optimize your earnings with minimum effort. Join
our Affiliate Program and watch your site start working
for you. Not only are you guaranteed of fantastic returns
on minimal effort, our clients all offer 24 hour support,
7 days a week.
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We pay you a minimum
commission of 30% Net Revenue for each client
that signups to Casino
Extreme via your website!
You receive commission on
that player for LIFE!
Commission revenue
increases over time
depending on your
performance & can
reach up to 80% Net! |
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BY LINKING TO
Casino Extreme, YOU ARE DEEMED TO HAVE AGREED
TO BE BOUND BY ALL THE TERMS AND CONDITIONS
SET OUT IN THIS AGREEMENT. The owner of Casino
Extreme will automatically become counter-party.
1/2. Our Rights and Obligations
| 1.1
Register your Customers We will register
your customers 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. ("Customer" means your customers
that use the link from your site to ours
and open an account with us. By opening
an account with us, they will become our
Customers and, accordingly, all Casino Extreme
rules, policies, and operating procedures
will apply to them.) |
| 1.2
Track Customers' Play We will track customers'
play and will send you a report summarizing
their activity. The form, content and frequency
of the reports may vary from time to time
based on our discretion. We will provide
you with remote online access to reports
of customer activity and the referral fees
generated. |
| 1.3
Pay a Referral Fee We will pay you referral
fees on the NET WIN (defined below) we earn
from players directed from your site after
they open an account with us and wager for
real money. |
| 1.4
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 referral
fees, fee schedules, and Profit Sharing
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 OF) WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
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| 2.1
Linking to Casino Extreme By agreeing to
participate in this Profit Sharing Program,
you are agreeing to create a unique link
from your site to Casino Extreme. 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
which you may advertise on our behalf. We
will terminate this agreement immediately
if there is any form of spamming or if you
advertise our casino in any other unauthorized
way. You shall not make any claims, representations,
or warranties in connection with us and
you shall have no authority to, and shall
not, bind us to any obligations. |
| 2.2
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 referral fees or other compensation
on business secured by or through persons
or entities other than you. |
| 2.3
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.
You may only use banners from Casino Extreme
that have been uploaded to your server.
DO NOT DIRECTLY LINK TO THE BANNERS ON OUR
WEBSITE. IF YOU DO THIS WE WILL NOT PAY
YOU ANY REFERRAL FEES. |
| 2.4
Good Faith You will not knowingly benefit
from known or suspected traffic not generated
in good 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 referral fees with
respect to such traffic. |
| 2.5
Responsibility for Your Site You will be
solely responsible for the development,
operation, and maintenance of your site
and for all materials that appear on your
site. For example, you will be solely responsible
for ensuring that materials posted on your
site are not libelous or otherwise illegal.
We disclaim all liability for these matters.
Further, you will indemnify and hold us
harmless from all claims, damages, and expenses
(including, without limitation, attorneys'
fees) relating to the development, operation,
maintenance, and contents of your site.
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| 2.6
License to use Marks We hereby grant to
you a non-exclusive, non-transferable license,
during the term of this Agreement, to use
Casino Extreme 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 that 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. |
| 2.7
Confidential Information During the term
of this Agreement, you may be entrusted
with Confidential Information relating to
the business, operations, or underlying
technology of Casino Extreme and/or the
Profit Sharing Program (including, for example,
referral fees earned by you under the program).
You agree to avoid disclosure or unauthorized
use of the Confidential Information to third
persons or outside parties unless you have
our prior written consent and that you will
use the Confidential Information only for
purposes necessary to further the purposes
of this Agreement. Your obligations with
respect to Confidential Information shall
survive the termination of this Agreement.
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3. Chargebacks
| A chargeback
is defined as non-collectable receivable
from VISA/MASTERCARD as a result of customer
non-payment or fraudulent credit card use.
Fifty percent of all charged back amounts
will be deducted from your payment or the
reserved funds. Charge back fees will be
paid to VISA/MASTERCARD and will be administered
by Casino Extreme. |
4. Fee Payment
| We
will pay you referral fees on a monthly
basis, by the seventh of each month. All
payments will be due and paid in United
States dollars. If the account is in a negative
position (e.g. because customer winnings
have exceeded customer losses) the negative
position will be carried over into the following
month(s). Referral fees will be based upon
our good faith calculation based on our
statistics. |
5. Term and Termination
| 5.1
The term 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. |
| 5.2
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. You will be
entitled only to those unpaid referral fees,
if any, earned by you on or prior to the
date of termination. You will not be entitled
to referral fees with respect to play occurring
after the date of termination. If you have
failed to fulfill your obligations and responsibilities,
we will not pay you the referral fees 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. |
| 5.3
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. |
| 5.4
Commercial Use Only. This Marketing opportunity
is for commercial use only, and you, your
family members, friends; associates may
not make purchases, directly or indirectly,
through your Tracker for your own personal
use or to fraudulently increase the Marketing
Fees payables to you. If you wish to make
test transactions to evaluate the system,
including Purchases, please contact support@casinoextreme.com
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 Purchases
or traffic from your Marketing Fees. |
| 6.
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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.
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| 7.
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Indemnity
You shall defend,
indemnify, and hold Casino Extreme, their
directors, officers, employees, and representatives
harmless from and against any and all
liabilities, losses, damages, and costs,
including reasonable attorney's fees,
resulting from, arising out of, or in
any way connected with (a) any breach
by you of any warranty, representation,
or agreement contained in this Agreement,
(b) the performance of your duties and
obligations under this Agreement, (c)
your negligence or (d) any injury caused
directly or indirectly by your negligent
or intentional acts or omissions, or the
unauthorized use of our banners and link
or this Profit Sharing Program.
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| 8.
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Disclaimers
We make no express
or implied warranties or representations
with respect to the Profit Sharing Program,
Casino Extreme or referral fee payment arrangements
(including, without limitation, their functionality,
warranties of fitness, merchantability,
legality, non-infringement, or any implied
warranties arising out of a course of performance,
dealing, or trade usage). In addition, we
make no representation that the operation
of our site will be uninterrupted or error-free
and will not be liable for the consequences
of any interruptions or errors.
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| 9.
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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 Profit Sharing Program,
even if we have been advised of the possibility
of such damages. Further, our aggregate
liability arising with respect to this Agreement
and the Program will not exceed the total
referral fees paid or payable 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 referral fee generated and
is limited to direct damages. |
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| 10.
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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
PROFIT SHARING PROGRAM AND ARE NOT RELYING
ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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11. Miscellaneous
| 11.1
Governing Law This Agreement will be governed
by the laws of Costa Rica, without reference
to rules governing choice of law. Any action
relating to this Agreement must be brought
in Costa Rica and you irrevocably consent
to the jurisdiction of its courts. |
| 11.2
Assignability and Inurnment You may not
assign this Agreement, by operation of law
or otherwise, without our prior written
consent. Subject to that restriction, this
Agreement will be binding on, inure to the
benefit of, and enforceable against you
and us and our respective successors and
assigns. |
| 11.3
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. NO
MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS
OF THIS AGREEMENT ARE PERMITTED OR WILL
BE RECOGNIZED BY US. None of our employees,
officers or agents may verbally alter, modify
or waive any provision of this Agreement.
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| 11.4
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. |
| 11.5
Severability/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.
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