Rich Webmaster Terms & Conditions
RICHWEBMASTER. TERMS AND CONDITIONS
All matters of fraud will be prosecuted to the fullest extent of the law. Visa and MasterCard are powerful international corporations and they will be notified of any programs that attempt to illicit fraudulent activities through the RichWebmaster program.
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Herewith are the Terms and Conditions for participation and membership in the RichWebmaster.com Inc. Affiliate Program. RichWebmaster.com Inc. (“RichWebmaster”) operates the following online casino affiliate programs (“Program Clients”): Pair Of Dice Ltd. [Grand Banks Casino, Black Widow Casino, Sterling House Casino] and associate programs for Fullhouse Entertainment N.V. [POKERound], Prestige Gaming N.V [Playgate Casino/Poker], Tradal Ltd. [Empire Poker] and the Popular Casino Group [Casino On Liner/Slots Alley/Luck N'Roll].
If you, the "Webmaster", wish to participate in the program, please read these Terms and Conditions carefully, then indicate your agreement by clicking the "I Agree" button below, which will confirm your acceptance of them. You will then be enabled to download the sponsoring casino banners.
For purposes of clarity, the terms "we", "us", and "RichWebmaster" will refer to RichWebmaster.com Inc. The terms "you" and "Webmaster" will refer to the other party to the contract formed by the acceptance of these Terms and Conditions. The term "program client[s]" will refer to all current RichWebmaster affiliate clientele. The contract provides you with the non-exclusive right to direct users (“Visitors”) of your site or sites to program client websites, in return for the payment of commissions and referral bonuses specified below, subject to all other Terms and Conditions:
In the context of this Agreement, You are referred to herein as an Affiliate. You agree not to:
1. mislead others;
2. operate or utilize a Web site or e-mail Link to Web sites that contain or promote, any of these types of content: libelous, defamatory, pornographic, obscene, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or the offer any illegal good or service, or Link to a Web site(s) that do so; and/or
3. engage in spamming. SPAM is the use of any electronic communications medium to send unsolicited messages in bulk. The most common form of spam is that delivered in e-mail as a form of bulk commercial advertising. Other types of electronic spam have become widespread over the last several years. For an extensive, but not definitive, definition list of types of spam please visit this page..
Any suspected fraudulent, abusive or otherwise illegal content or activity by You on Your Web site or in Your subscription e-mails, or that is perpetrated through use of the Network Service, is grounds for immediate termination of this Agreement or deactivation of "Your Account", without prior notice by RichWebmaster and referral to the appropriate law enforcement agencies.
RichWebmaster may not review all content on Your Web site or in Your subscription e-mails. You shall remain solely responsible for Your Web site and subscription e-mail content.
RichWebmaster is, under no circumstances, responsible for the practices of any affiliate or its Web site(s) and/or the content that the Merchant makes available through the Network Service.
Termination from The Program. If you have been approved by RichWebmaster, RichWebmaster may terminate You, one of Your Web sites or subscription e-mail lists, and/or Sub-Affiliate(s) from the Program or a Campaign without advance notice and may withhold any monies owed for any violation of the following:
1. operation of an illegal business through such Web site and/or subscription e-mail list;
2. utilizing illegal content on Your Web site or in Your subscription e-mailing;
3. operation of a Web site or e-mail Link to Web sites that contain or promote, any of the following content: misleading, abusive, pornographic, violent, bigoted, hate-oriented;
4. engaging in indiscriminate or unsolicited commercial advertising e-mails;
5. placing Links to a Your Web site in newsgroups, message boards, unsolicited e-mail and other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources;
7. establishing or causing to be established any promotion that provides any rewards, points or compensation for Clicks or Leads, or that allows third parties to place Links to the Merchant's Web site or Web site content, without such Merchant's prior written permission;
8. breach of the licensing provisions of this Agreement;
9. breach of any other intellectual property right provision of this Agreement or other of common law intellectual property rights of Merchant; and/or
10. diluting, blurring or tarnishing the value of Merchant's trademarks, tradenames, and/or service marks.
During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by e-mail, of the termination of this Agreement), you shall display a banner or banners provided by a program client on your site (the "Webmaster site") as a hyperlink to direct Visitors from the Webmaster site to the program client websites, using distinct URLs supplied by RichWebmaster exclusively for linking (the “Supplied Banners”).
Program client banners shall be displayed at least as prominently as any other sales link on the Webmaster site, and if the Webmaster displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Webmaster site, the Webmaster shall, subject to RichWebmaster's prior written approval of the content thereof, include similar descriptive information regarding program client sites.
The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Webmaster shall be entitled to display the banners of, and provide links to, sites of other companies through the Webmaster site, and RichWebmaster shall be entitled to make program client banners available through online and other services than the Webmaster site.
In order for the Webmaster to keep an active account, the Webmaster is required to bring to program client at least 3 depositing Real Players (a player is one who joins and registers at the Casino as a Real Player, and makes a minimum real-money purchase) over a 90-day time frame/per quarter.
DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL
RichWebmaster hereby grants to the Webmaster the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly):
Program client names, site names, and other related textual and graphic material made available by RichWebmaster to the Webmaster for the express purpose of inclusion on the Webmaster's site from time to time solely on the Webmaster's site for the specific purposes authorized above.
RichWebmaster authorizes the Webmaster to advertise and promote program client promotional material. The copywriting of promotions may not be modified nor misrepresented by the Webmaster.
RichWebmaster also authorizes the Webmaster to refer, in the Webmaster's advertising and promotions, to the fact that program client sites are accessible through the Webmaster site, provided that any such statement:
1. does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of RichWebmaster other than program client name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any RichWebmaster mark);
2. does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that program client sponsors, authorizes, and/or is the source or origin of the Webmaster site; and
3. does not disparage RichWebmaster, its products, services, or affiliates. All use of the program client materials hereunder shall inure to the benefit of RichWebmaster and shall not create any rights, title or interest in them for the Webmaster. No other use of RichWebmaster's names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Webmaster for any purpose without the prior written approval of RichWebmaster.
As between RichWebmaster and the Webmaster, RichWebmaster owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to program client materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.
COMMISSION AND REFERRAL BONUS
Sub-affiliates. RichWebmaster may terminate You or Your Sub-Affiliate's participation in the Program under this Agreement immediately upon notice to RichWebmaster if any program client believes in good faith that You or Your Sub-Affiliate is harming any program client's reputation, or in breach of any section of this agreement.
If RichWebmaster believes in good faith that You are harming RichWebmaster's reputation or in breach of any Section of this Agreement RichWebmaster must notify You and provide You with the opportunity to cure such breach. RichWebmaster may terminate this Agreement, deactivate You or remove or disable any Links from Your Web site or subscription e-mails through the Network Service without prior notice if You are in breach of any section of this agreement.
* RichWebmaster shall pay to you a commission equal to the applicable percentage of Player Net Gaming Revenue or Net Rake depending on the program client involved and as outlined in the 'Commissions' section of our site, as derived from any transaction from Visitors who used the RichWebmaster software, who first linked to a program client site from the Webmaster site ("Linking Visitors") during the term of this Agreement.
As used herein, "Confidential Information" shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:
1. may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or
2. may receive hereunder from the other.
Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:
1. use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;
2. accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and
3. restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties. The foregoing restrictions shall not apply to information that:
1. is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;
2. the recipient can reasonably demonstrate is already in its
possession and not subject to an existing agreement of confidentiality
3. is received from a third party without restriction and without breach of this Agreement;
4. was independently developed by the recipient as evidenced by its records; and
5. the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement.
The Webmaster acknowledges that RichWebmaster does not advocate or endorse the purchase or the use of any services offered by RichWebmaster through program client site or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. RichWebmaster represents and warrants that:
1. RichWebmaster has the right to enter into this Agreement and to grant the rights and licenses granted herein; and
2. RichWebmaster's software does not, and the reproduction, distribution, transmission, public performance and public display of program client material in connection with the Webmaster site, do not:
1. invade the right of privacy or publicity of any third person; or
2. contain any libelous, obscene, indecent or otherwise unlawful material. The Webmaster represents and warrants that:
3. the Webmaster has the right to enter into this Agreement;
4. the Webmaster site does not, and the reproduction, distribution, transmission, public performance and public display of the Webmaster Materials as permitted herein, do not: (i) invade the right of privacy or publicity of any third person, (ii) contain any libelous, obscene, indecent or otherwise unlawful material, or (iii) infringe any patent, copyright or trademark right in any jurisdiction; and
5. the Webmaster has received no notice of such invasion, violation or infringement of rights.
AFFILIATE ACCOUNT AND PLAYER ACCOUNT RELATIONSHIP
Affiliated webmasters are permitted to establish player accounts with our client properties and wager real money on any game offered. However, RichWebmaster policy prohibits affiliated webmasters from registering these accounts with the program. Not only will there not be any commissions paid out to affiliated webmasters for such activity but affiliates caught augmenting their commissions by generating play through unqualified accounts risk the forfeiture of all commissions earned for a full month. Affiliates that persist in this practice after penalization will be removed from the RichWebmaster program indefinitely. In this manner, affiliates are restricted from earning commission revenue from their own wagering. This policy is entirely consistent with the purpose of the RichWebmaster program: Directing new players to client properties.
Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind -- including lost revenue or profits, loss of business, or loss of data -- arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.
ACKNOWLEDGEMENT OF NO WARRANTY
Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.
Except as otherwise provided herein, neither RichWebmaster nor the Webmaster may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.
This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of each program client's jurisdiction.
The Webmaster agrees to operate a single Webmaster site with for all program client marketing. If RichWebmaster should discover, using information it deems appropriate in the circumstances, that the Webmaster is operating more than one Webmaster account, this Agreement shall terminate and the Webmaster will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any casino banner on a new site, under the RichWebmaster Affiliates Program, MUST be reported by the Webmaster and cleared by the RichWebmaster Support Team beforehand, and failure to do so may result in the termination of the Webmaster's account. The Webmaster will also forfeit all rights to commissions and referral bonuses.
RichWebmaster and the Webmaster are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between RichWebmaster and the Webmaster. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.
It is the Webmaster's responsibility to declare taxes from Webmaster profits, in accordance with their jurisdictional regulations. An institutional bank located outside of continental North America issues the Webmaster's payments; therefore, RichWebmaster will not issue any forms relating to this matter.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
RichWebmaster may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms and Conditions at: http://www.RichWebmaster.com or at another site it chooses, and by notifying the Webmaster of the modifications via email notice.
IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT.