Fortune Affiliates Terms & Conditions
FORTUNE AFFILIATES
IMPORTANT NOTICE:
These terms and conditions apply to All members of the Affiliate Program:
· registered on or after 1 September 2005
· registered before 1 September 2005, who were inactive for a period of 6 months prior to 1 September 2005, or are inactive for a continuous 6 month period at any time thereafter
· registered before 1 September 2005, who have informed us of their election to accept this version of the terms and conditions.
If you do not fall into any of the categories stated above, then you will be contacted directly by one of our agents with information as to how to access the terms and conditions that are applicable to you.
1. Definitions
1.1 “Affiliate Program” means the affiliate program offered and operated by Us and explained in further detail in these terms and conditions;
1.2 “Casinos” means all of the online casinos participating in the Affiliate Program and listed here
1.3 “Inactive” for the purposes of the preamble means earning no commission income
1.4 “Casino CPA” means a fixed referral fee paid to an Affiliate for the referral of a Player to a Casino. The details of such fees are explained here
1.5 “Casino revenue-based commission” means a variable commission, based upon revenue derived by the Casino, paid to an Affiliate for the referral of a Player to a Casino. The details of such fees are explained here
1.6 "Charge-back" means the successful dispute of a purchase transaction by a Player, bank, or processing institution resulting in the reversal of the purchase by such Player;
1.7 “Player” means
1.7.1 With reference to the Casinos, New Active Player is defined as: A person who has registered a real account in good faith at one of the online casino defined herein bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit from the casino and thereafter wagered at the casino, and whose account hasn't been locked for delinquent activity. Furthermore, such person may not ban an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate.
1.7.2 With reference to the Poker Rooms, New Active Player is defined as: A person who has registered a real account in good faith at one of the online Poker Rooms defined herein bearing an electronic tag that identifies him as having been referred by and (Affiliate), and has purchased a minimum of $20 credit from the Poker Room and thereafter wagered at the casino, and whose account hasn't been locked for delinquent activity. Furthermore, such person may not ban an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate.
1.7.3 In all instances, such Player shall be required to be a unique, new, natural person previously unregistered with any account whatsoever with the relevant Casino and/or Poker Room.
1.8 “Poker CPA” means a fixed referral fee paid to an Affiliate for the referral of a Player to a Poker Room. The details of such fees are explained here
1.9 “Poker rake-based commission” means a variable commission, based upon revenue derived by the Poker Room, paid to an Affiliate for the referral of a Player to a Poker Room. The details of such fees are explained here
1.10 “Poker Rooms” means all of the online poker rooms participating in the Affiliate Program and listed here
1.11 “Second-Tier Affiliate” means a person which You refer to Us and whom we accept as an Affiliate and is tagged as your referee.
1.12 “Us, We, Our” means Fortune Affiliates, the exclusive affiliate program provider to The Fortune Lounge Group of online casinos about which more information can be obtained upon Our Website; “Affiliate” means a member of the Affiliate Program, having registered and having been accepted by Us as an affiliate in accordance with these terms and conditions;
1.13 “the Website” means our website located at www.FortuneAffiliates.com ;
2 Agreement
2.1 These terms and conditions constitute the sole agreement between Us and You.
2.2 We may modify any portion of this agreement, at any time, in Our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3 Registration and Appointment
3.1 In order to enroll for the Affiliate Program You must register by completing and submitting the online form which may be found upon the Website here
3.2 By submitting an application to be registered as an Affiliate, You:
3.2.1 warrant that You are over the age of legal majority in Your jurisdiction (meaning that You are over the age required by law in Your jurisdiction for entering into a legally binding contract) and that You are not aware of any lawful impediment precluding You from entering into this agreement;
3.2.2 warrant that the information with which You provide Us upon registration is complete, current, valid and honest;
3.2.3 in the event that you are registering a juristic or corporate entity as an Affiliate, you have the full right, power and authority to enter into this Agreement on behalf of such entity;
3.2.4 irrevocably agree to be bound by all of the terms and conditions contained herein.
3.3 Upon submission of Your application to become an Affiliate, We shall consider the same and Our decision whether to accept You as an Affiliate or not shall be entirely in Our sole discretion and We shall notify You in a timely manner of Our acceptance or rejection thereof.
3.4 Upon our acceptance of Your application, You will automatically be granted by Us the non-exclusive right to direct Players to the Casinos and Poker Rooms in accordance with the terms and conditions of this Agreement.
4 Affiliate Duties and Responsibilities
4.1 As an Affiliate, You will be responsible for promoting one or more of the Casinos and/or Poker Rooms by implementing the advertising banners and special tracking URL's (provided by Us and identifying all traffic generated by You as having been directed to us by You) on Your websites, in Your e-mails and in other communications.
4.2 The objective of promoting the Casinos and/or Poker Rooms as described in clause 4.1 above shall be to drive or direct Players to the Casinos and/or Poker Rooms, with Your unique URL as the hyperlink thereto. By directing Players in such manner You will be “tagging” or claiming such Players as your own.
4.3 Only properly “tagged” Players can be assigned to an Affiliate. Should Your “tag” be improperly inserted into marketing material, whether Your website or otherwise, or not properly received by the Casino and/or Poker rooms servers, the resulting Player registration and purchases will not be assigned to You. It is wholly an Affiliate's responsibility to ensure that all referred Players are properly tagged.
4.4 The Casinos and/or Poker Rooms assume ownership of potential Players at point of first official contact with the visitor referred by You. You act as a referring agent for the Casinos and/or Poker Rooms in this regard. The Casinos and/or Poker Rooms reserve the right to refuse Players (or to close their accounts) if necessary to comply with any requirements the Casinos and/or Poker Rooms may periodically establish
4.5 Affiliates shall also be entitled to register Second-Tier Affiliates with Us, provided that such Affiliate is a genuine arms-length person and that the referring Affiliate derives no financial benefit whatsoever from commissions paid by Us to a Second-Tier Affiliate. In the case of juristic or corporate persons, the Affiliate shall not be entitled to register as a Second-Tier Affiliate, any entity in which the Affiliate has any shareholding whatsoever. Second-Tier Affiliate described here .
Marketing Materials
4.6 Affiliates may only present content approved by Us in respect of the Casinos and/or Poker Rooms upon their websites. Display and/or use of content upon Your website or in Your communications that We, in our sole discretion, deem unsuitable will result in this agreement being terminated immediately. Without derogating from the generality of the a foregoing, content that we deem unsuitable includes, but is not limited to, content aimed at children; and/or containing sexually explicit materials; and/or promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; and/or promoting illegal activities; and/or or violating the intellectual property rights of any third party.
4.7 Notwithstanding anything to the contrary contained in this Agreement, only approved and properly tagged creative materials, supplied by Us from time to time, upon the Website may be used to promote the Casinos and/or Poker Rooms. Advertorials and personal endorsements are permissible but all materials not available upon the Website need to be approved by Us in writing, prior to any use thereof
4.8 We may provide Affiliates with special promotional material and resources from time to time, in order to assist Affiliates to better market the Casinos and/or Poker Rooms and You shall be obliged to make use of such material, as and when such material is made available by Us.
4.9 Affiliates may not modify any banners or other creative material supplied by Us without Our prior written consent. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of the websites of the Casinos and/or Poker Rooms.
4.10 Banners and links may not be placed within unsolicited e-mail (“spam”), unauthorized newsgroup postings, or chat rooms or through the use of "bots". Traffic generated in the a foregoing, or any illegal manner, will:
4.10.1 not accrue towards the calculation of any commissions payable to You in terms of this agreement. Furthermore, We reserve the right to terminate this agreement immediately if it comes to Our attention that You are 'spamming', falsely advertising or participating in any other form of marketing activity which could discredit the Casinos and/or Poker Rooms and/or Fortune Affiliates. Furthermore, upon suspicion of such conduct We shall be entitled to place your account under review and all funds due to you will be withheld pending an investigation into your account and such activity;
4.10.2 In addition, give Us the right to levy expenses and/or fees incurred as a result of such activity on Your behalf.
General Conduct
4.11 You are not entitled to make any claims, representations, or warranties in connection with Us or the Casinos and/or Poker Rooms other than those specifically made in any marketing material provided by Us and You shall not alter such material or extract portions thereof and shall depict the same in its original format only. In addition, You shall have no authority to, and shall not, bind Us or the Casinos/Poker Rooms to any obligations whatsoever.
4.12 You will not knowingly benefit from any traffic to the Casinos and/or Poker Rooms generated by You in any way whatsoever apart from the activities authorized by Us in terms of this agreement for the benefits due to you in terms of this agreement, whether or not it actually causes Fortune Affiliates or the Casinos and/or Poker Rooms any damage. THIS PROHIBITION EXTENDS TO YOUR OWN USE OF THE CASINOS AND/OR POKER ROOMS. ACCORDINGLY, YOU WILL NOT BE ENTITLED TO MAKE USE OF THE CASINOS AND/OR POKER ROOMS FOR YOUR OWN PERSONAL USE UNDER ANY CIRCUMSTANCES FOR THE ENTIRE DURATION THAT YOU REMAIN AN AFFILIATE.
4.13 Should You breach clause 4.12 above or should fraudulent activity (as assessed by Us in our sole discretion to be fraudulent – for more information as to what behavior We believe constitutes fraud, please visit the Fortune Lounge Group's general terms and conditions occur through a Player directed to a Casino and/or Poker Room as a result of Your marketing efforts, we retain the right to retract the commissions paid to You at any time in respect of such Player. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts, or a portion thereof that we deem fit, (including those legitimately generated) due to You under this Agreement if We have reasonable cause to believe that such traffic has been generated with Your knowledge or to retain a portion thereof.
5 Fortune Affiliates' Responsibilities
5.1 We will provide various marketing materials as referred to in clauses 4.6 and 4.7 above and technical support and assistance with regard to such materials.
Commission Payments
5.2 Fortune Affiliates, as agent for the Casinos and/or Poker Rooms, will either pay out:
5.2.1 a commission based on the economic activity generated by each Player, as defined by the Casinos and/or Poker Rooms from time to time, being the Casino activity-based Commission described here or the Poker rake-based Commission described here ; or
5.2.2 a fixed fee per Player on a "cost per acquisition" (“CPA') basis, as defined by the Casinos and/or Poker Rooms from time to time, being the Casino CPA Commission described here or the Poker CPA Commission described here ;
5.3 An Affiliate shall only be entitled to be either a CPA earner or an activity-based earner and may not mix the two commission-earnings models, save that an Affiliate may choose to adopt one commission-earning model with regard to the Casinos and another with regard to the Poker Rooms.
5.4 There are a number of activity-based earning models available (for availability and detail click here ) and you will be required to elect which model you choose to subscribe to and may not mix activity-based models of commission earnings. Subject to the provisions of clauses 5.5 and 5.6 below, you are entitled to apply to change your activity-based earnings model upon 7 (seven) days written notice, whereafter such model shall only become effective on the first day of the month immediately following the month in which the notice of the change in earnings model is timeously given and only if such change is approved.
5.5 Upon registration with Us as an Affiliate, you will be automatically be registered as a Wager-share earner. If you then wish to amend your commission-earning model to an activity-based model or subsequently vice versa, You may apply to change the same at any time by contacting Us in the manner described in clause 5.4 above We reserve the right to refuse such application for change of commission-earning model at any time for any reason whatsoever.
5.6 Should We approve a change in Your commission-earning model from one of the activity-based models to another activity -based model then commission on all players referred by you (irrespective of when they were referred) shall be determined according to the new model chosen
5.7 Should We approve a change in Your commission-earning model from an activity-based model to CPA-based or vice versa, then commission only on players referred by you subsequent to that change taking effect shall be determined according to the new model chosen. The notification requirement in this instance is the same as that described in 5.4 above.
5.8 We will provide a monthly report to each Affiliate detailing total number of Players referred by such Affiliate, activity generated and commission and/or payments payable to such Affiliate. We will, from time to time, make available such further statistics as we deem to be necessary to enable Affiliates to better promote the Casinos and/or Poker Rooms. We will enable Affiliates to access the report contents online.
5.9 For the purposes of calculating commission earnings, the Affiliate Program month-end is the last day of the month. Commission calculations for the purposes of determining the preceding month's balance are finalized by the 5th day of each month. Payments of commission for the previous month are made by the 20th day after the close of the month.
5.10 Commission payments shall be effected by one of the following methods: cheque, ACH, Neteller, Payspark or Click2Pay. It is the responsibility of the Affiliate to select the method of payment. Unless otherwise stipulated all payments will be made by Cheque.
Security and Confidentiality
5.11 You will be required, from time to time, to positively verify Your account with Us in order to receive payments due to You. This is to protect both You and Us from fraud. This verification process will requires the submission of documents proving identity and physical address details.
5.12 During the term of this Agreement, You may be entrusted with confidential information relating to the business, operations, or underlying technology of the Casinos/Poker Rooms and/or the Affiliate Program (including, for example, referral fees earned by you under the program). You agree not to disclose any of the same to third parties nor to make use of any such confidential information unless You have our prior written consent and You further agree that You will use the confidential information only insofar as it is necessary to further the purposes of this Agreement.
6 Intellectual Property
6.1 We hereby grant to You a non-exclusive, non-transferable license, for the duration of this Agreement, to use the Casinos' and/or Poker Rooms' intellectual-property (licensed, in turn by Us, from its owner) solely for the purposes of furthering Your obligations in terms of this Agreement and solely in connection with the materials provided by Us on the Website. We may terminate this license at any time whatsoever and cancellation of this Agreement will automatically constitute such termination in all instances.
6.2 Ownership of all content displayed upon Our Casino and/or Poker Room clients' websites remains Our clients' respective property and shall not be deemed to have been transferred to You through any act or omission in respect of this Agreement
6.3 You shall not assert the invalidity, unenforceability, or contest the ownership of the Casinos' and/or Poker Rooms' intellectual property 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 their intellectual property, render the same generic, or otherwise weaken its validity or diminish their associated goodwill.
6.4 Although We do not condone it, we may tolerate from time to time the use of URL's, which contain derivatives of the Casino and/or Poker Rooms respective brands, however, You expressly acknowledge that You have no legal interest therein, apart from the limited license granted in terms of this agreement. Furthermore, you hereby irrevocably agree that you shall transfer such domain names to Us upon Our request, failing which You hereby authorize the relevant domain name registrar to transfer such domain names, containing the registered trademarks of Our Casino and/or Poker Room clients to Us and You undertake to do all things necessary to assist with such transfer.
7 Disclaimers, Indemnity and Warranties
7.1 Ownership, content and liability for Your websites are Your sole responsibility. You will be solely responsible for the development, operation, and maintenance of Your website and for all materials that appear on Your website.
7.2 We make no express or implied warranties or representations with respect to the Affiliate Program 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 the Website or the Casino and/or Poker Room websites will be uninterrupted or error-free and We will not be liable for the consequences of any interruptions or errors.
7.3 Under no circumstances will We be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this agreement or the Affiliate 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 Affiliate Program will not exceed the total commission paid to You under this agreement during the 3 (three) months immediately preceding the cause of action giving rise to any claim for damages.
7.4 You hereby indemnify and hold Us and the Casinos and/or Poker Rooms harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to Your performance in terms of this agreement and the development, operation, maintenance, and contents of Your website, notwithstanding that some of such content may have been provided by Us under license to You.
7.5 We reserve the right to withhold and/or claim any funds due to You by Us in exercising Our rights as an indemnified party in terms of clause 7.4 above. Should the funds in Your account be insufficient to cover such damages, we reserve all of Our rights to secure payment including, but not limited to withholding and/or claiming the payment of future commissions due to You by Us until such a time as the damages have been paid.
7.6 Nothing whatsoever in this agreement will create any partnership, joint venture, agency, franchise, sales or employment relationship between You and Us.
7.7 YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT PLAYER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
7.8 NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US UNLESS REDUCED TO WRITING AND SIGNED BY BOTH PARTIES. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
8 MISCELLANEOUS
8.1 This agreement is governed by the laws of England. Any action relating to this Agreement must be brought in terms of such laws.
8.2 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.
8.3 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.
9 Term & Termination
9.1 The term of this agreement will begin when You are informed of Your acceptance as a member of the Affiliate Program.
9.2 This agreement shall endure indefinitely until terminated in terms of any termination rights contained herein or until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement shall be terminated immediately. ACCORDINGLY, 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.
9.3 Upon termination, You must remove all Casino and/or Poker Rooms banners from Your site and disable any links from Your site to theirs and Ours and You will be entitled only to unpaid commission above the $200 payment threshold, if any, earned by You on or prior to the date of termination. You will not be entitled to commission accruing after the date of termination.
9.4 If you have failed to fulfill Your obligations and responsibilities in terms hereof, We will not pay you the commission otherwise owing to You upon termination.
9.5 We may withhold Your final payment for a reasonable time after termination to ensure that the correct amount is paid.
9.6 If we continue to permit activity (generation of revenue) from Players after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
9.7 Upon termination, You will return to Us any confidential information, and all copies of it in your possession, custody or control.
9.8 You and Us will 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 relieve You from any liability arising from any breach of this Agreement, which occurred prior to termination.
