Wager Junction Terms & Conditions
Enrolment as an Affiliate at Wager Junction
To enrol as a Wager Junction Affiliate, you need to complete the online registration form and agree to our terms and conditions.
Please do not enrol if your site is unsuitable, as we will immediately terminate the Agreement. See paragraph 5.3 below for a list of unsuitable sites.
Please note, by downloading a banner and placing it on your website/s, you agree to and are bound by all the terms and conditions set out in this agreement.
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD BANNERS, TEXT LINKS, PROMOTIONAL COPY OR ANY INFORMATION PERTAINING TO ANY CLIENT OF Wager Junction.
1. Our Rights and Obligations
"Client" is defined as a company that has contracted Wager Junction to manage and promote their Affiliate Program
1.1 Register your Customers - We will register your customers and will track their purchases and, their play. We reserve the right to refuse customers (or to close their accounts), to comply with any requirements we may periodically establish. ("Customer" is defined as: a person or entity that follows a link from your site, e-mail or however directed, to a Client of Wager Junction and opens an account with them. By opening an account with a Client, that person or entity will become our Customer and accordingly, all Client rules, policies, and operating procedures will apply to them.)
1.2 Track Customers' Play - We will track customers' play and will supply reports summarizing their activity. The form, content and frequency of the reports may vary from time to time, at our discretion. Through Wager Junction, you will be provided with remote online access to reports of customer activity and referral fees generated. You can gain access to these reports using your Affiliate ID and Password, as provided by Wager Junction.
1.3 Pay a Referral Fee -We will pay you referral fees (as set out below) on income we earn from play by all legitimate customers after they open an account with a Client. Wager Junction may combine your accounts if you open more than one e-cash account to accumulate revenues coming from the referral program.
1.4 Commission on your Purchases - Wager Junction does not believe in penalizing you if you decide to play at our Casinos. We will pay you at the standard commission rate for the purchases that you make subject to the following conditions:
• Purchases need to be made via Neteller Prepaid ATM or Click2Pay. These are the only purchase methods that will be accepted for payment of commission. Commission on purchases made via Credit Card will not qualify.
• You need to be actively promoting us and to qualify to receive commission on your wagers you must have had at the minimum 5 converted purchasing players.
1.5 Modification - We may modify any of the terms and conditions contained in this Agreement, at any time and at 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 PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
2. Your Rights and Obligations
2.1 Copying of Sites and Theft of Content
Due to a major increase in the above a process has been set in motion to prevent events of this nature escalating. A panel of webmasters has been chosen and they in conjunction with the Affiliate manager will make a ruling on any complaints with regards to the above. If it is ruled that a partner/s has either copied a site/s or taken content without permission they will forfeit all earnings for that period to the complainant/s. We do require that the complainant/s provide full details regarding the complaint and the Affiliate Manager and Wager Junction Partner Panel will investigate it. The findings of this investigation will be final and no further appeals will be considered.
2.2 Spam - We do not condone Spam. Any form of Spam will result in your account being placed under review and all funds due being withheld, pending an investigation into your account. You need to be aware that our clients are liable to incur expenses in dealing with Spam generated mail and that these same expenses will be deducted from your account should our client seek recourse. In this instance the amount determined by the relative client will be fair and deemed final and acceptable based on good faith and such an amount will be collectable by law and deemed to have been accepted by you as fair and reasonable and as agreed to by registration as an Affiliate of Wager Junction. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means of obtaining payment, for example: should your account have generated purchasing accounts we will hold payment of commission for these accounts until such time as the account for damages has been cleared. Should your account be inactive and not be generating profit through commission payments, we reserve the right to demand payment from the account holder.
Should you require more information regarding our Spam policy, please contact the following address firstname.lastname@example.org
Should you wish to report any incidences of Spam, please contact us at: email@example.com
2.2 Posting Banners - By agreeing to participate in a Clients' Affiliate Program, you agree to download banners, text or promotional materials and place it on your site and/or utilize it within e-mail or print. These are the methods by which you may advertise on our Clients' behalf. We will terminate this agreement immediately if there is any form of spamming or if you discredit our Clients through false advertising, written or uttered words. You shall not make any claims, representations, or warranties in connection with us or our Clients and you shall have no authority to, and shall not, bind us or our Clients to any obligations.
2.3 Agency Appointment - By this Agreement, we grant you the non-exclusive right to direct customers to our Clients' sites 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, as we reserve the right to contract with and obtain assistance from others, at any time, to perform services of the same or similar nature as yours. You shall have no claim to referral fees or other compensation on business secured by or through persons or entities other than you.
2.4 Approved Layouts - Without our prior written approval, you will only use our approved banners and links and will not alter their appearance 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 Clients sites.
2.5 Good Faith - You will not knowingly benefit from known or suspected traffic not generated in good faith 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 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.
2.6 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 libellous 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.
2.7 License to use Marks - We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use our Clients' 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.
2.8 Confidential Information - During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of our Clients and/or the Affiliate 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.
3. Fee Schedule - You will earn referral fees based on the Casino Revenue (net customer losses less net customer winnings less the progressive contributions (progressive games only) less fraudulent purchases) calculated according to the percentages reflected in the table below. Only credits actually purchased by a Real Player will be eligible for payment. We retain the right to pass on any financial costs to your account that we may incur due to fraudulent activity caused by players that you get to sign up at the casino. We retain the right to change the fee schedule and method of calculation of fees.
Casino Profit Level Summed Commission Level
Up to $ 30 000 35%
$30 001 to $50 000 40%
$50 001 and upwards 45%
4. Fee Payment - Monthly referral fees (i.e. any fees earned in the previous month) will be paid out by the 15th working day of the following month. These fees will be paid by check (to your postal address), Neteller and Wire Transfer.
Affiliates can be paid-out in one of the following currencies: US Dollars, Euros and Pounds If the account is in a negative position (e.g. because customer winnings have exceeded customer losses) a balance of zero will be carried over in the following month. Referral fees will be based upon our good faith calculation based on our statistics. Affiliates will only be paid referral fees once they have a balance of $100 owing to them.
Second Tier Commission
Affiliates who earn commission on our second tier will be paid at the rate of 5% of the net win of the Child Affiliate ID.
5. Term and Termination
5.1 The term of this Agreement will begin when you download a Casino banner or any other marketing tool provided by Wager Junction and link it 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 our Clients' banner/s from your site and disable any links from your site to theirs and 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 occurring after the date of termination.
· If you have failed to fulfil 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 activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
· You will return to us any confidential 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 of our clients and Cyber Finance Investments.
· You and we 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, which 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.
5.3 WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
Any activity undertaken by an affiliate that is deemed to be fraudulent will result in the closure of their account and a termination of this agreement.
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.
Indemnity - You shall defend, indemnify, and hold our Clients and their electronic cash provider, Cyber Finance Investments, 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 referral program.
Disclaimers - We make no express or implied warranties or representations with respect to the referral program, Wager Junction 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.
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 referral 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. Our obligations under this Agreement do not constitute personal obligations of our directors, officers or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
Charge Backs - A charge back can be explained in the following manner: A credit card holder discovers irregular transactions made on his/her Credit/Debit Card which were not authorized by him/her. The credit card holder then requests his/her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder's card or card number.
In order to make things a little clearer, it must be understood that Cyber Finance Investments process their Credit Card purchases through a number of processing Banks. This is where the client's funds are deposited to when the client's purchases have been accepted, and also where the funds for charge backs are removed if a client disputes charges.
With regards to Charge backs, because the amount charged back by the player affects the revenue of the casino, it affects what we pay the Affiliate as well, as the agreement states that the Affiliate is only paid out 35% of the casino revenue that he/she generates.
Should the player process a charge back, the accumulated revenue generated by yourself for the charge back period from that player will be forfeited and therefore deducted from the total balance due to you for the current month.
Should this deduction of the accumulated revenue exceed your current amount due, your balance will then revert to a negative balance and you will have to work your way back to zero before you can start earning revenue again. Unlike with a player making a big win, which only lasts one month, a charge back will stay due until the revenue generated by your other players has covered the amount due.
We understand that this might be frustrating to the Affiliates, but it has to be made clear that the casino can only pay out a percentage of their profits, not fraudulent revenue.
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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11.1 Governing Law - the laws of Belize will govern This Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Belize and you irrevocably consent to the jurisdiction of its courts.
11.2 Assignability and Inurement - 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.
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 banners and creating a link from your site to our Client/s.