Terms and conditions

The following are our complete terms and conditions to become a member of the e-gambling market partner program. Please read this Operating Agreement carefully and completely.

IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MUST NOT LINK TO E-GAMBLING MARKET PARTNER PROGRAM.

1. Definitions

2. Our Rights and Obligations

2.1 Appoint You as Partner - We shall evaluate Your application on submission thereof by You and notify You in a timely manner of Our acceptance or rejection thereof. If We accept Your application then, on Your registration as Partner in the Partner Program, We shall and hereby grant You a non-exclusive right to direct Players to casinos' sites and services, in accordance with the terms and conditions of this Agreement. We intend to and shall contract with and obtain the assistance of others at any time to perform services of the same or similar nature as Yours.
2.2 License to use Intellectual Property - On registration We shall and hereby grant to You a non-exclusive, non-transferable license, during the term of this Agreement, to use Our and Our casinos' trademarks, service marks, trade names, logos, designations, copyrights and other proprietary rights ("Intellectual Property") (licensed, in turn to Us from their owner) solely in connection with the display of the banners on Your site.
2.3 Register Players - We will register Players and will track their play. A Casino has the right to refuse Players (or to close their accounts) if necessary to comply with any requirements that they may periodically establish.
2.4 Track and report on Players' financial activity - We will provide reports summarizing Players's activity. Notwithstanding this, the form, content and frequency of the reports may, in Our discretion, vary from time to time. We will provide You with remote online access to reports of Players's activity and the commission generated. To gain access You will need to use Your username and Password as provided to You by Us. We will provide You with a unique Referral URL but it is Your responsibility to ensure that the tracking links You use are in the correct syntax. We cannot track Your customers if the links You use are incorrect.
2.5 Pay You a Commission - We will pay Commission from casino's profit from Your Players after they open an account with a casino. We reserve the right to change payment terms at any time and for any reason. See paragraph 4 below in relation to Commission.
3.6 Modification of this Agreement - We may amend, alter, delete, interlineate or add to 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. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral program rules.

Any amendments, alterations, deletions, interlineations or additions to this Agreement shall be effective immediately upon notice, which may be provided to You via e-mail or by display on the Site (hereinafter, "Notice"). Your use of the Site and/ or continued marketing of Us or Our Casinos after such Notice is given to You will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new Agreement should this Agreement be replaced in its entirety. Be sure to review this Agreement periodically to ensure familiarity with its most current version.

NO PURPORTED MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT BY YOU 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.

3. Your Rights and Obligations

3.1 Your Warranties - By applying to be registered as a Partner of the Partner Program, You warrant that:
(a) the information You provide Us on registration is complete, valid and honest;
(b) in the event You are a juristic person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity;
(c) the execution of this Agreement by such person, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound.
3.2 Spam - In the giving of effect to this Agreement You may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.
Any form of Spam will result in Your account being placed under review and all funds due to You being withheld pending an investigation. If Our Casinos incurs expenses and/ or damages in dealing with Spam generated mail or being blocked by third party Internet Service Providers these same expenses and/ or damages will be deducted from Your account should Our Casinos seek recourse against Us. If this occurs the amount of such expenses and/ or damages as determined by a Casino will be deemed fair and final and acceptable to You. Should these expenses and/ or damages not be covered by funds in Your account we have the right to investigate other alternative means for obtaining payment, for example: should Your account have generated purchasing accounts we will hold payment of commission for these accounts until such a time as the account for expenses and/ or damages has been cleared. Should your account not be active nor be generating profit through commission payments We shall have the right to demand payment from You.
3.3 Promo Material - On registration as a Partner of e-gamblingmarket.com, You shall, via our site, have access to banners, text and/ or other online and offline promotional materials and trademarks. You may place said materials on Your site, and/ or utilize them via e-mail and/ or direct marketing and/ or print media. These are the designated methods by which You may advertise on behalf of Our Casinos. You may not alter any of the Approved Promo Materials or make use of other marketing materials without Our prior written consent. All Approved Promo Material must be kept current and You shall utilize new Promo Material forthwith after it is made available to You by Us.
3.4 Partner Appointment - You hereby accept the appointment as Our Parner in terms of clause 2.1 above. You acknowledge that this Agreement does not grant You an exclusive right or privilege to assist Us in the provision of services arising from Your referrals. You shall have no claims to Commissions or other compensation on business secured by or through persons or entities other than You.
3.5 Approved Layouts - In the absence of Our prior written approval, You will only be permitted to use Our Approved Promo Material as available on e-gamblingmarket.com., or supplied directly to You by Us, and will not alter its appearance nor refer to Us, Our Casinos or Our/ their partners in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by Us and constitute the only authorized and permitted representation of Our Casinos sites.
3.6 Good Faith / Ethical Conduct - You will not knowingly benefit from known or suspected traffic not generated in good faith, or via spam, whether or not it actually causes Client damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you, either current or future, 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.
3.7 Responsibility for Your Site and/ or Marketing Methods and Activities - You will be solely responsible for the development, operation, and maintenance of Your site and/ or Marketing methods and activities and for all materials that appear on Your site and/ or distributed via Your Marketing methods and activities. For example, You will be solely responsible for ensuring, amongst other things, that materials posted on Your site are not libelous or otherwise illegal. In the case of Approved Marketing Material You are required to ensure that all offers are current.
3.8 License to use Intellectual Property - The license granted to You in terms of clause 2.2 above may not be sub-licensed, assigned or otherwise transferred by You. You shall not during the term of this Agreement nor at any time thereafter assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Our, Our Casinos' or Our licensor's rights in the Intellectual Property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
3.9 Restrictions - You:
3.9.1 are restricted to one Partner account only.
3.9.2 shall not earn Commission on the Net Win and/ or Net Rake on Your own Player Account or on the Player Account/s of Your employees or immediate family members. If You or Your employees sign up as a Player at one of Our Casinos. We shall have the right to terminate this Agreement.
3.10 Confidential Information - Except as otherwise provided in this Agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning Us or You, respectively, or any of Our Partners provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Partners.
During the term of this Agreement, You may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Our Casinos and/ or the Partner Program (including, for example, Commission earned by You under the Partner 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 the purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
3.11 Data Protection - You shall comply with any relevant data protection laws in the jurisdiction in which You are domiciled and any jurisdictions in which You operate.
3.12 Money Laundering - You may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.
It is recorded that some jurisdictions in which We operate have strict laws on money laundering that may impose an obligation upon Us to report You to the federal or local authorities within such jurisdictions if We know, suspect or have reason to suspect that any transactions in which You are directly or indirectly involved, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Partner Program or Our Casinos to facilitate criminal activity.
If we have any knowledge or suspicion envisaged above We may (a) immediately suspend, deregister or terminate Your membership of the Partner Program; and/ or (b), in our absolute discretion, not pay You any funds due to You as Commission.
We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.

4. Commission: Calculation and Payment

4.1 Calculation of Casino Commission You will earn

Your profit depends on an activity of your players

Total bets of your players in a calendar month		You will earn Commission on the Casino Profit.
less 10000$		30%
from 10000$ to 19999$		35%
from 20000$ to 29999$		40%
from 30000$ to 39999$		45%
more 40000$		50%

4.2 Fraud Costs - We have and reserve the right to pass on any Fraud Costs to Your account.
4.3 Commission Payment - We will process the Commission earned by You in the previous calendar month in the course of a week of the following month. We shall not be liable to You in any manner whatsoever for late payments due to technical, third party or any other unforeseen events arising.
Payment shall be made by Us to You by way of the method selected.

Paymet method		Minimum withdraw		Details
Moneybookers		50$
Webmoney		50$
ePay		50$
PayPal		50$
Wire transfer		500$

We reserve the right to change the Commission schedule and method of calculation of Commission.

5. Term and Termination

5.1 Term - The term of this Agreement will commence on submission of Your registration to e-gamblingmarket.com and shall endure until terminated for any reason on notice by either Party.
5.2 Termination - Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
5 .3 Consequences of Termination - All rights and licenses granted to You in this Agreement shall immediately terminate. You must immediately remove any reference to e-gamblingmarket.com and any of its Casinos from Your site and disable any links from Your site to same. In particular, You shall immediately remove access to any derivative website established by Yourselves.
5.3.1 Upon termination for reasons other than breach of this Agreement by Yourselves, You shall continue to be entitled for a period of six months to receive Commission on the terms and conditions as specified herein.
5.3.2 If We continue to permit activity (generation of revenue) from Customers directed by You after termination, this shall not and shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.

• You will return to Us any Confidential information and/ or Players Information, and all copies of it in Your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations relating to Us or to Our Casinos. You will take immediate steps to transfer ownership to Our Casinos of each derivative URL established by You, at a cost to e-gamblingmarket.com and/ or Our Casinos not exceeding that incurred by You in registering the derivative URL.
• You and We and Our Casinos and their electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate You from any liability arising from any breach of this Agreement, that occurred prior to termination.

5.4 - WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
Any form of traffic that is generated from any medium that is aimed at children, promotes violence, promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promotes illegal activities, or violates intellectual property rights, or are otherwise considered by Us to bring e-gamblingmarket.com or Our Casinos into disrepute or prejudice the interests of e-gamblingmarket.com or Our Casinos in any way is considered unsuitable and constitutes a breach of agreement.

6. Relationship of Parties

6.1 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 shall have no authority to make or accept any offers or representations on Our behalf. You shall not make any statement, whether on Your site or otherwise, that conflicts with this clause 7.1.
6.2 You will not be treated as an employee with respect to the Internal Revenue Code, Social Security Act, Federal Unemployment Acts, or any other federal, state, or local statute, ordinance, rule, or regulation of any country whatsoever similar in purpose to the aforementioned Code and Acts.
6.3 You shall not make any claims, representations, or warranties in connection with Us or Our Casinos and You shall have no authority to, and shall not, bind Us or Our Casinos to any obligations outside of this Agreement, unless agreed to in writing by either e-gamblingmarket.com or Our Casinos.

7. Indemnity, disclaimers and Limitation of Liability

7.1 Indemnity - You shall defend, indemnify, and hold Us and Our Casinos and their electronic cash providers, suppliers, contractors, agents, 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 comissions, or the unauthorized use of Our banners and link or this Partner Program. Further, You will indemnify and hold Us harmless from all claims, damages, and expenses (including, and without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of Your site
7.2 Disclaimers - We make no express or implied warranties or representations with respect to the Partner Program, e-gamblingmarket.com or Commission 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 (including service and tracking) will be uninterrupted or error-free. We will not be liable for the consequences of any such interruptions or errors.
7.3 Limitation of Liability - We will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever, arising from or in connection with this Agreement or the Partner 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 shall not exceed the total Commission paid or payable by Us to You under this Agreement. Our obligations under this Agreement do not constitute personal obligations of Our directors, officers, consultants, agents or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

8. Miscellaneous

8.1 Governing Law - This Agreement will be governed by the laws of UK without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in UK and You irrevocably consent to the jurisdiction of its courts.
8.2 Mutual Support - Both Parties shall give each other their mutual support in the giving of effect to the spirit, purport and object of this Agreement.
8.3 Third Parties - 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.
8.4 Assignability and Enurement - 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, enure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.
8.5 Non-Waiver - Our failure to enforce Your strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of Our right to subsequently enforce such provision or any other provision of this Agreement.
8.6 Remedies - Our rights and remedies hereunder shall 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.
8.7 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.
8.8 General - This agreement will stay in effect for so long as e-gamblingmarket.com makes this service available, unless this agreement is terminated prior thereto in terms of clause 5 above.