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Legal Terms and Conditions

440affiliates.com Legal Terms and Conditions

IMPORTANT PREVIOUS INFORMATION

It is important that you read this document carefully before accepting this contract, then print it out and keep it with all e-mail messages where tracking identifiers, accumulated balance and bonus codes appear.

If you disagree with these terms and conditions (or are not authorized to do so), do not join the affiliate network or (if you have already joined the affiliate network) send us an e-mail to affiliates@440Affiliates.com to terminate this contract. If you have questions regarding these terms and conditions, please contact us at the email address above. General inquiries should be sent to affiliates@440Affiliates.com

This standard Affiliate Contract, your membership registration form filled out, our electronic marketing rules, guidelines or any other additional terms that we provided through our site and the associated payment plan (along with the "Contract") contain general conditions that apply to your participation in the network of online affiliated sites to 440Affiliates.com (from now, "affiliate network"). In case there is a conflict between this Contract and any additional terms, this Contract shall take precedence unless additional terms specify some variation in the Contract.

Currently, Sites that are offered in the affiliate Network include:

Casino440.com

440Affiliates.com

There are also several alternative payment plans from which to choose. The payment plan you chose will be applied to every marketing tool that you choose from the affiliation network.

  • Real Money Players (also known as Plan "CPA" or "Cost Per Acquisition")

  • Percentage plan (also known as Plan "RS" or "Revenue Share")

  • Hybrid plan (CPA+RS)

You are entitled to receive the affiliate Accumulated balance that has been calculated according to the applicable payment plans assigned to tracking Functions during the term of this Contract or as long as the relevant tracking function is operational.

To dispel any shadow of doubt, you will not be entitled to receive the affiliate Accumulated balance generated by players playing with real money on our Sites, except as may be specified in the payment plan you have chosen for the Sites that are part of the Affiliate Network.

When used in this Agreement, it refers to:

(I) "you", "your" and / or "Affiliate" refers to the person or entity that applied for "beneficiary" for purposes of payments on the registration form as sent from our web site ("Registration form for affiliates ")

(II) "we", "our" refers to 440 Group NV, a company incorporated in Curacao with company number 126068 and whose registered office is e-Commerce Park Vredenberg and address LandhuisGrootKwartierGrootKwartierweg 12 Curaçao, and the Group as defined in clause 2.9 of this agreement.

CONTRACT

The purpose of this contract is to clarify the nature of your relationship with us. For the most part, this Contract is responsible for defining the operational terms of the relationship. It also refers to certain default and disciplinary provisions. These provisions are intended to be applied only in those rare occasions where behavior was not appropriate and when an affiliate violates the Contract.

Our intention is to create a long and prosperous relationship with the Affiliate and make sure your efforts are rewarded. As long as you act in good faith we will not need to apply any of the rules of conduct that are included herein.

Any amendments made to this Agreement will be communicated in accordance with clause 1.3 below the Contract. The amendments made in the Contract are performed usually by regulatory changes or if there are changes in the nature of the industry environment.

1. GENERAL

1.1 This Contract governs our relationship with you in relation to the Affiliate Network for Sites, and modifies, replaces and supersedes previous versions of the standard Contract for affiliates.

1.2 By indicating your acceptance of these terms and conditions on the registration Form for affiliates, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT (as amended or modified eventually it may be in accordance with clause 1.3 below).

1.3 We may change any term of this Contract at any time, at our sole discretion, by means of:

(I) an e-mail notification of a modification, or

(II) the publication of a newer version of the Contract at our Site.

Except for the amendments relating to the prevention of fraud or in cases where there are errors in the Contract, which shall become effective on the date of publication or delivery of the relevant notification (whichever comes first), all Contract amendments will become effective 15 days after the date of the publication or when the corresponding notification is sent (whichever comes first).

You will be responsible for visiting the website frequently to make sure you are up to date with the latest version of the Contract and its provisions. If you cannot accept any of these modifications, your only recourse is to terminate this contract. Your continued use of the software after notification or, where applicable, after the 15-day period shall be deemed binding acceptance of the modification.

1.4 Notwithstanding the provisions of clause 1.3 above, you may eventually contact you with information about special promotions, and unless you send a notification to the contrary, we will consider you agree to participate in this promotion, so the terms and conditions will be applied to the applicable payment Plan, as well as to this standard Contract for affiliates for the duration of the promotion.

1.5 You acknowledge and agree that regulations 9 (1) and 9 (2) (Information to be provided electronically) and 11 (1) (placing the order) of the Electronic Commerce Directive 00/31/EC shall not apply nor shall it have any effect on this Contract.

2. DEFINITIONS AND INTERPRETATION

In this Contract, references to the following words have the meanings described below:

2.1 "Affiliate's Accumulated Balance" is the amount due and payable in your favor, as calculated according only to our system and under the terms of this Contract and the applicable payment plan.

2.2 "Affiliate's Bank Account" means the account where you receive payment from us. All amounts payable are paid into the bank accounts of affiliates, unless specifically agreed to the contrary.

2.3 "Affiliates' Area" means the area of the website that you can access (you may need to access certain parts of this area by signing up using the code we have assigned when you signed up as a participant in the Affiliate Network, as well as the associated password) and that offers specific 'members-only' functionalities, which includes relevant statistical consulting services, subordinate affiliates registration, profile update, additional Tracker IDs creation and bonus codes, as well as selection of holders and / or text links.

2.4 "Headlines" and "Text Links" refer to the graphics or text that include tracking IDs, bonus codes and sources tournament (RSS) that we offer in the Area for affiliates and that can be used to connect players to the Services from your website (or other electronic means) or by using other marketing materials.

2.5 "Trademark" means the trademark "440" used in association with poker, casino, bingo and other online games of skill and / or chance with other trademarks that we can work with eventually.

2.6 "Cost Per Acquisition" (CPA) refers to the payment Plan chosen upon registration referred to in clause 16.2 below.

2.7 "Electronic Marketing Standards" refers to our standards for electronic marketing activities.

2.8 "Fraud Traffic" means deposits, revenue or traffic generated in the Services through illegal means or any other action that is carried out in bad faith or to commit fraud (as determined by us at our sole discretion), regardless of whether you effectively cause us harm, which includes deposits generated with stolen credit cards, conspiracy, tampering with the service or system, bonuses or any other dishonest use of a promotion, creating false accounts in order to generate Accumulated balance and unauthorized use of any third-party accounts, copyrights, trademarks and other intellectual property rights of third parties (which, to dispel any doubt, includes our intellectual property rights) and any activity that constitutes Fraud Traffic under Clauses 3.7 and 3.9 below.

2.9 "Group" means our parent company and any subsidiaries thereof.

2.10 "Intellectual Property Rights" means the current and future rights of all patents, trademarks, design rights, service trademarks, brand image, brand or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether any of them are registered or not and including applications for registration), knowledge, trade secrets and rights confidence, and any rights and remedies that exist in the world of similar nature or similar to any of the above during the entire validity of any such right and extensions and / or renewals thereof.

2.11 "Marketing materials" refers to the Headlines and text links and any other marketing materials (which may include our trademarks, see clause 14.2 below), which we supplied or made ​​available in any other way and / or have approved beforehand.

2.12 "Minimum deposit required "refers to the minimum amount required to open a Player For Real Money account as indicated on the Site (s). Such deposits must be added to a cumulative deposit for each player in order to meet the qualification criteria (currently set at US$10). Notwithstanding any other provision in the present Contract, we reserve the right to modify the amounts indicated in this clause 2.12 at any time by posting a notification on the Site. All quantities are calculated in US$ and can be converted to other currencies as indicated in the Site 440Affiliates.com at the rate we occasionally determine at our sole discretion.

2.13 "Revenue Share" (or "RS") refers to the percentage payment Plan specified in clause 16.2 below.

2.14 "Our brands" refers to the words casino440, bingo440, poquer440 and / or any logo, trademark, domain name or trade name that contains, is very similar or is part of our brands, as well as any other name or mark that we or any company of the Group may eventually own.

2.15 "440Points" refers to the bonus structure where CPAs or Real Money Players are involved. Every single player can become a Real Money Player if he/she achieve a minimum number of 440Points (or anti-fraud filters). These filters works as a combination of number of bets and total ammount of money betted.

2.16 "Payment Plan" refers to the payment plan you have chosen and which we will use to send you payments in the following way:

part of certain revenues generated by Real Money Players as indicated in the Payment Plan described on the page Commissions ("Percentage Payment Plan"), or

a plan for which we pay for the number of Real Money Players you have referred using your Tracker ID and / or Commissions page ("Plan per registered player"), or

any other plan we notify you about or for which we occasionally show you our written contract.

2.17 "Player (s)" refers to people who use the products or services on our Sites, whether they are associated with the tracking function or not;

2.18 "Player Account" means an account assigned exclusively and which has been created for a Player when he can register properly in the Services through a tracking URL or through a register bonus Code.

2.19 "Real Money Player" means any person who is connected with your tracker (or, if applicable, with your tracker's sub-affiliate) and who:

(I) was not previously a player;

(II) is not in a restricted territory;

(III) has made the minimum deposit required;

(IV) is accepted as a player through any ID or registration verification process that we deem necessary;

(V) has accumulated the number of 440Points indicated on the site affiliates400; and

(VI) meets any other eligibility criteria we may determine.

Notwithstanding any other provision set forth in this Contract, we reserve the right to change the classification criteria mentioned above at any time by publishing it on the site.

2.20 The "List of restricted marketing" refers to the countries listed here where affiliates cannot do any direct marketing activity of our websites. Without prejudice to Clause 1.3, this list may be updated at any time with announcements in the "news" section on our website.

2. 21 "Restricted territories" refers to the following countries:

Afghanistan, Somalia, Syrian Arab Republic, Peoples Republic of China, Turkey, Congo, Democratic Peoples Republic of Korea, Iran, Republic of Sudan, United States of America, Iraq, Israel, Rwanda, Virgin Islands (U.S.), Zimbabwe, Lebanon, Liberia and Sierra Leone.

Without prejudice to clause 1.3, we can update this list at any time through a notification published in the "newsletters" (news) section on the website.

2.22 "Services" means any product or service offered to Players on our Sites.

2.23 A "Register Bonus Code" is a unique alphanumeric code that we make available to facilitate it to future Players. By entering the code, the system automatically registers these bonus Codes and registers you as the associated Affiliate to the corresponding Player.

2.24 "Sites" means web sites and any other site or online platform owned by us, managed or controlled directly by us or on our behalf or on behalf of the Group and each of the associated pages through which a Player opens a player Account and / or access our Services.

2.25 "Spam" refers to any e-mail or electronic communication sent to market and promote both us and the Site or the Services or, otherwise, eventually refer to them or contain marketing Materials, Our brands or tracking Functions and that is non-compliant to our electronic marketing Standards.

2.26 "Subordinate Affiliate" refers to the person specified in the Affiliate Network (to which the user has joined correctly) in accordance with the terms of this Contract.

2.27 "Subordinate affiliate Accumulated Balance" refers to the Affiliate's Accumulated Balance owed to a subordinate affiliate as described in the chosen Payment Plan method.

2.28 "Term" means the period from the date you sign your contract and agree to the terms of this Contract by indicating such acceptance in the Registration form for affiliates, until such time that this Contract expires or is terminated in its terms.

2.29 "Tracking function" refers to the unique tracking URL or the register bonus Codes that are provided exclusively and through which we track the activities of the Players and Players with real money and we calculate the affiliate's Accumulated balance.

2.30 "Tracking URL" is a unique hyperlink or other links tool that redirect Real Money Players to the Site or Services. When the Player opens the corresponding Player Account, the system automatically logs the Tracking URL and registers you as an Affiliate.

2.31 "Web Site (s)" refers to the 440 Group NV affiliate's website on URL http://www.440Affiliates.com and any URL with which we could occasionally replace it with (and other web addresses including RSS sources we may possess, managed or controlled directly by us, or owned by us, which may manage or control i ton our behalf and which may provide access to this website) and its associated pages.

2.32 In this Contract (except when context has a different meaning):

The Clause headings are included for convenience only and shall not affect the interpretation of this Contract;

Any sentence containing the terms "includes", "including" or similar expressions shall be construed as illustrative and shall not limit the sense of the words affected by these terms;

Any reference to "persons" includes individuals, firms, partnerships, companies, corporations, associations, organizations, governments, states, governmental or state agencies, foundations and trusts (in each case, regardless of whether they have separate legal personality or of the laws of the jurisdiction under which it is incorporated or carries on business);

Any reference to a statute, statutory provision, ordinance, subordinate legislation, code or guidelines ("law") is a reference to that law and any subordinate legislation created from relevant legislation as amended and which eventually comes into force, as well as any legislation that is re-approve or that consolidates (with or without modification) the above legislation.

2.33 This Contract has been written in the Spanish language. In the event that this Contract is translated into another language, the Spanish version shall always prevail.

3. GENERAL CONDITIONS

3.1 Identity and Disclosure. You must provide truthful and complete information when completing the registration form for membership and shall promptly update such information whether wholly or partially modified. It will also be required to provide any other information that we request in a reasonable time-to-time basis.

3.2 Marketing activities and responsibilities. You shall promote the Sites for Real Money Players and redirect to them. You are solely responsible for the content and form of such marketing activities. All marketing activities must be professional, proper and lawful under the applicable rules, regulations or law (including the legislation related to the content and nature of any advertising or marketing activity) and otherwise comply with the terms of this Contract. Neither yourself nor a third party with your authorization, support or recommendation may:

3.2.1 Post Marketing materials on an online site or other medium where the content and / or material is potentially defamatory, malicious, discriminatory, obscene, illegal, sexually explicit, pornographic or violent or, at our discretion, otherwise inappropriate.

3.2.2 Develop and / or implement public relations strategies and / or marketing strategies aiming directly or indirectly the commercial promotion of the Sites and / or web site and that is intended for people under 18 (or more, depending on the jurisdiction in question), regardless of the time of adulthood in the location where the marketing activity is developed.

3.2.3 Failure to comply with electronic marketing Standards.

3.2.4 Use marketing materials in a way that it could potentially confuse a Player or a potential Player.

3.2.5 Post marketing materials on an online site or other medium where the content and / or material on such site or on-line media:

(I) Infringes the intellectual property rights of third parties.

(II) Copies or resembles the Site in whole or in part.

(III) Disparages us or harms our good image or reputation in any way.

(IV) Frames any page of the Site in whole or in part.

You must have an appropriate "inviolability policy for intellectual property rights":

(I) Upon receipt of a notice from the owner of those rights, and

(II) When an independent third party warns you that a part of your site is infringing the intellectual property rights of a third party and

(III) When a reasonable suspicion of a material on your website may infringe the intellectual property rights of a third party,

You must immediately delete the fraudulent material from your website.

Failure to remove any illegal content on your website, will be considered a material breach of this Contract and if no remedy is applied, we reserve the right to suspend or terminate any of your trackers, or terminate this Contract entirely and immediately without prior notice.

3.2.6 Read, intercept, modify, record, redirect, interpret, or fill in the contents of an electronic form or other materials a third party sends us.

3.2.7 Change in any sense, redirect or interfere in any way with the operation or accessibility of the Sites or any page thereof.

3.2.8 Register as a Player on behalf of a third party, or authorize or assist (except in the case of promoting the Site and Services under this Contract) any person registered as a Player.

3.2.9 Offer any of the so-called commission or similar schemes that offer or make it possible for some of the money to be returned to the player in any form.

3.2.10 Taking any action that could reasonably cause confusion in the final user regarding our relationship with you or any third party, or with respect to the ownership or operation of the site or service where functions or transactions are articulated.

3.2.11 Post or send any advertisements, promotional communications or content of the Site, our Services or Our brands relating to or, in conjunction with viewing the Site and / or any part thereof or page (for example, among other things, through any "framing" technique or technology or pop-ups or background pop-ups, or intermediate pages containing advertising, also called "interstitials").

3.2.12 Cause one of the Sites (or any part thereof or page) to open in the browser of a visitor or any other site used to access the Services and that is not a visitor who has clicked on a Headline or Text Link included in any of the marketing materials.

3.2.13 Attempt to intercept or redirect (including via user-installed software) traffic from an online site or from any other site participating in the affiliate Network.

3.2.14 Resort to any method to promote any of the Sites that resemble in any sense of the image and / or appearance of any of the Sites in whole or in part, or to use such means or site to create the impression that such sites are the Sites (or any part thereof).

3.2.15 Violate the terms of use and any policies applicable to any search engine or to the customer response site of online distributors.

3.2.16 Try to communicate with Players directly or indirectly on the Sites to ask them to go to an online site that is not owned by us or for other purposes without prior approval from us, among which are included for enumerative purposes only, through e-mail, chat rooms or by sending spam.

3.2.17 Try to market or promote our Services (or any specific part thereof) or sites (or specific Site) in the Restricted Territories; attempt to bypass any restriction that we have implemented in order to prevent players from restricted territories to register as real money Players, or attempt to conceal the location of a Player.

If we determine, at our sole discretion, that you are involved in any of the above activities, we may (without prejudice to any other rights or remedies available) withhold the Accumulated balance and / or terminate this Contract immediately upon notice thereof.

3.3 Approved marketing materials. In conducting the marketing activities referred to in clause 3.2 you will exclusively use the Marketing Materials. You will not modify the Marketing Materials or Our brands in any form without prior written consent from us. You will only use the Contract Marketing Materials as stipulated in the terms of this Contract, the guidelines that we provide through the Site or occasionally otherwise, and on the applicable law. We may charge you the cost of the CD and other promotional materials we provide after your application and such costs will be deducted from your affiliate Accumulated balance. During the term of this Contract, we grant you a limited, non-exclusive, non-transferable license to use the Marketing Materials for the sole purpose of fulfilling your obligations under this Contract.

3.4 Competitive Marketing. You shall not promote the Site and / or ourselves, our Services or Our Brands in any way, unless such activity receives written approval from us:

    1. on any website where we promote any of the Sites;

    2. on or through an Internet search engine that we use to promote any of the Sites, and

    3. in any other way causing a competition between us with respect to the promotion of any of the Sites or

    4. in any other way we may request the interruption.

3.5 Cession. Notwithstanding the provisions of clause 8.6, you acknowledge and agree that the Tracking functions are only for exclusive use and shall not assign or sublicense (if applicable) with respect to tracking identifiers, bonus Codes or Accumulated balance of affiliates or third parties without prior consent from us.

3.6 Subordinate Affiliates. You may refer other people to us so that they can apply to participate in the affiliate Network. If these people are able to participate in the affiliate Network, we will make payments in your favor for the activities of such subordinate Affiliates according to the Payment Plan chosen, provided that they are registered through the "Sub Affiliate Registration" (Register a subordinate Affiliate) on the website's affiliates area. You will only receive credit for subordinate affiliates who comply with the terms applicable to this Contract. Any person registered as an Affiliate shall not be able to be further classified as a subordinate Affiliate. You may not:



1. Not you, nor a person under your control, may register as a subordinate affiliate.

2. Use fictitious names or aliases to register as subordinate Affiliates.

3. Offer any financial, monetary value incentives or other to potential subordinate Affiliates unless such incentives received written approval from us, including any of the so-called commission schemes in which a portion of the player's money will be returned in any form.

4. Try to make any addition or change to the terms in relation to a potential subordinate Affiliate.

5. Receive a payment on behalf of a subordinate affiliate and, in order to dispel any kind of doubt, the relationship as to payments and this contract regarding the Affiliates Network Affiliate will always be between the subordinate Affiliate and us.

3.7 Commercial use only. This marketing opportunity is only a commercial one. You will not need to register as a player or make deposits in any of the player Accounts (directly or indirectly) through the Tracking functions (or through the tracking functions of subordinate Affiliates) for your personal use and / or the use of family, friends, employees, agents or advisors, or otherwise attempt to artificially increase the payable affiliate Accumulated balance, or swindle us. Violation of this provision shall be deemed as Traffic Fraud.

3.8 Information on the player. We reserve the right to refuse service to any potential player and close the player's account at any time, at our sole discretion. All data related to the Players that we send to each other, will be our exclusive property and shall not acquire any rights to such information unless expressly determined by us via written instructions.

3.9 Trademarks and domain names. You acknowledge that 440 Group NV and / or its affiliates in the Group, as well as licensees, own all intellectual property rights included in any of the marketing materials, on our services, on the Site and in our brands. Your use of any trademark, domain name or business name that is included in our brands or similar brands that could cause confusion (except as provided under the terms of this Contract) without our prior consent in writing will be considered unauthorized and will also constitute Fraud Traffic. As an example and without limitation, YOU CAN NOT REGISTER A DOMAIN NAME THAT INCLUDES OUR BRANDS OR SIMILAR BRANDS THAT COULD LEAD TO CONFUSION. You agree that any use you make of our brands, including the use of a domain name that includes our trademarks or similar brands that could cause confusion, will be for our own benefit and you will not obtain any rights on our brands as a result of such use. You may not register or attempt to register any trademarks or names containing our brands, or similar brand that could cause confusion or that are included therein. You hereby agree to transfer us, upon our request, any applications or registrations of domain names or trademarks related to our brands or similar brands that could cause confusion, that you may own or control. You further agree not to attack or question in any way the property or ownership of our brands

3.10 Employees of the Group. If you are an officer, director, employee, consultant or agent of the Group or from one of its parent, subsidiary or affiliate companies, a supplier or distributor, you ARE NOT allowed to participate in the affiliate Network or directly or indirectly use any of the Sites, unless it is for the development of your work as an employee of the Group. Similarly the 'family' of the Group's employees is not allowed to participate in the affiliate Network or directly or indirectly use any of the Sites. For this purpose, the term "family" shall include (without limitation) spouses, romantic partners, parents, children or siblings.

4. PAYMENTS AND REPORTS

4.1 Reports. We will follow up and elaborate reports on the Player's activity to calculate the affiliate's accumulated balance according to the Payment Plan chosen. The form, content and frequency of the reports may vary from time to time as determined by us, at our sole discretion. Generally, you will receive a monthly report with your payment which indicates the number of new real money Players who have registered that month through the Tracking function and / or the total amount owed ​​after applying deductions or compensation that we may need to make under this Contract. It is also possible that we make available daily reports to verify the Real Money Players by tracking Function. We hereby disclaim any responsibility for the accuracy and completeness of such reports.

4.2 Affiliates accruals. In agreement with section 4.4, the accumulated earnings balance of every affiliate will be resumed by monthly invoices. Every affiliate accepts and confirms each monthly invoice in the moment that he Claims for the incomes. The accepted invoice will be transferred to the affiliate bank account every 1st and 15th of each month, after the invoice claim. We reserve the right to accept or reject the payment plan you choose. To clear any doubts, whenever you choose the RS (Revenue Share) payment plan (and we accept it), you will continue to receive affiliate Accruals for this payment plan in accordance with the terms.

4.3 Subordinate affiliates Accumulated balance. According to clause 3.6, you will receive, under the Payment Plan and clause 4.4 below, a commission percentage according to the due and payable Affiliate Accumulated balance corresponding to subordinated real money Players that you redirect to our sites.

4.4 Pay period and minimum payment. According to the exceptions listed in section 4.4, the accumulated balance of affiliates generated with your payment plan will be credited to your affiliate account fifteen (15) days after the end of the calendar month. For security and/or anti-fraud reasons, We reserve the right to impose reasonable restrictions related to the frequency and amounts that can be withdrawn from your affiliate account for administrative purposes, and/or to protect the safety of the affiliates account. When the affiliate's accumulated balance generated by traffic sent to our brands in any calendar month is less than US$100, we may, at our sole discretion, decide not to make a payment in that month and transfer the amount in the following month so that the affiliate will accumulated the balance until he's balance generated specifically for the web exceeds US$100.

There are some differences with hybrid payment plans (mix). The invoices of hybrid plans will be divides in 2 consecutive months. Every affiliate will find an auto-invoice every first days of the month. This invoice will include the accumulated earnings of every new Real Money Player (CPA) from the previously month. In case of Revenu Share, the accumulated earning will be included in the following monthly invoice after the CPA invoice under a NET30 basis.

Any negative amount generated by Real Money Players will be cover up to US$ 500. So the affiliates will have a non acumulate carry over of US$ 500. When in any calendar month a negative amount exceeding US$ 500 is generated with the traffic of 440 Group NV brands, these negative amounts generated in the casino website will be transferred and deducted from the accumulated balance payable for the casino website in the next calendar month.

To avoid any possible doubt, you agree that during the term of the contract, you are responsible for your taxes (taxes proportional to your share of income), even if it is a negative amount (the "Payment of the Share of taxes"). We may offset the Payment of the Share of taxes in any commission produced under this Contract which will tell you about should it happen. Also, at our sole discretion, we may request payment of the share of taxes directly to us (or another company in the group at our option) and shall make such payment within 30 days after request.

4.5 Deferment for Fraud Traffic. Where, in our sole discretion we suspect the existence of any type of fraud traffic, we can defer the payment of affiliate's accumulated balance up to one hundred eighty (180) days while we investigate and check the relevant transactions. We have no obligation to pay the affiliate's accumulated balance if, in our judgment, we can not confirm the identity of the players who say they have real money or are otherwise involved in fraud traffic issues. If we determine that any activity constitutes Fraud Traffic or, otherwise, violates this Contract, at our option we may:

(I) pay the full accumulated balance to the affiliate

(II) recalculate it based on the alleged fraud traffic and / or

(III) penalize the affiliate's subsequent accumulated balance regarding Fraud Traffic (as applicable).

4.6 Payment method. All payments to be paid to you will be paid in euros or any other currency that we can determine, regardless of the currency used by the players assigned to your Tracking role. Payment shall be made by check, bank transfer or any other method that we can determine at our discretion, however, we will try to accommodate your preferred payment method. The transfer fees or postage costs for checks will be your responsibility and will be deducted from the affiliate' Accumulated balance. To dispel any shadow of a doubt, we have no obligation to pay the charges for currency conversion and the associated monetary transfers to your affiliate bank Account.

4.7 Tracking players. You understand and agree that potential Real Money Players must connect with your Tracking ID or through the register bonus code to receive the affiliate's accumulated balance. Under no circumstances will we be liable for any errors using the tracking functions or potential error by a real money player in specifying register bonus codes. Notwithstanding any other provisions in this contract, we may at any time in our sole discretion amend our tracking system and notification format.

4.8 We reserve the right of reduce the commissions in any case that the real money player don't make a bet in one hundred and eighty (180) days in a row. This player could be assigned to other affiliate in case he return to our website using other affiliate link.

4.9 Claims. If you disagree with the monthly reports or amount payable, do NOT accept the payment of such amount and immediately send a written notice of your claim. Notices of Claim must be received within thirty (30) days from the time we publish the monthly report, otherwise, we will consider you have waived your right to claim such report or payment and no claim whatsoever in that sense shall be accepted. Moreover, the entry of a payment by check, the acceptance of a transfer payment or any other payments we make on your behalf, shall be deemed to be the full and final settlement of the affiliate's accumulated balance in the reporting month. Without prejudice to the above described, if we made an overpayment after the calculation of the affiliate's Accumulated balance, we reserve the right to correct such calculation at any time and reclaim such overpayment.

4.10 Money laundering. You must comply with current legislation and any directive that we notify on the Site or otherwise in relation to money laundering and / or products of criminal activities.

4.11 Taxes. All taxes on the payments in your favor will be your responsibility. You are responsible for complying with the standards, if any, relating to the filing and payment of income taxes and similar taxes with respect to revenues under this Contract, and to collect and remit tax on income and social security payments concerning your personnel, as appropriate. If the value-added tax (VAT) or any other sales tax or turnover tax applies, you are responsible for complying with the rules, if any, and to register, and to collect and remit tax in the country where services are provided and you acknowledge that the payments you receive include VAT or any other sales tax or turnover tax.

4.12 All payments made under this Contract shall be subject to adjustment in accordance with the following information. You agree that in the event that a legal or tax authority tries to recover taxes from any market where these were not originally deducted when calculating your commissions, such taxes will be applied retrospectively to calculate the payments that should have been done if these taxes had been deducted. The difference with the payments made under this Contract will be your responsibility and you should return it within 30 days after receiving the invoice. Without prejudice to the foregoing, the parties agree that we are entitled to deduct such excess revenues to compensate later.

5. TERM AND TERMINATION

5.1 Term and Termination. This Agreement shall enter into force upon acceptance by you of these terms and conditions on the registration form for members and remain in force until it is terminated under the terms of this Contract.

5.2 Termination on your side. You may terminate this Contract, with or without cause, by giving (30) days written notice to the other party by e-mail indicating "Contract Termination" to affiliates@440Affiliates.com. To dispel any doubt, the termination of the Contract will end your participation in the entire Affiliate Network. You may not terminate the Contract for one site only. In case you decide to terminate this Contract, you must remove all monetary amounts from your affiliate bank account within thirty (30) days from the dispatch of the e-mail above. If such amount has not been withdrawn in such period, it will be considered lost and will be in our power.

5.3 Termination on our side. If we decide to terminate this Contract completely, we are entitled to cancel the operation of any of the Tracking functions. To dispel any doubt, once the Contract is fully terminated, the affiliate will not receive any affiliate Accumulated Balance. If we cancel a Tracking function in particular, you will not receive any affiliate Accumulated Balance more obtained through this Tracking function, however, the remaining functions will not be affected.

5.4 Suspension on our side. In case that you run the activities noticed in the point 5.3, we have the right to terminate this Contract or cancel any Tracking function in particular, we may, in our sole discretion and without prejudice to other rights and remedies that we apply, suspend the contract or any specific tracking function until both parts solve this problem, if possible. For the duration of a suspension, we may withhold any payments relating to the affiliate Accumulated Balance relating to the tracking function affected. Payments of affiliate Accumulated Balance shall be made when suspension is cancelled.

If this Agreement is terminated by the Casino on the basis of Your breach of any of these T&C, the Casino shall be entitled to withhold Your earned but unpaid commissions as of the termination date as collateral for any claim arising from such breach. It is further specified that termination by the Casino due to a breach by You of any of these T&C shall not require a notice period and such termination shall have immediate effect upon simple notification by the Casino to You.

5.5 Automatic suspension for non successful affiliates. If you do not send any Real Money Player to our websites for a period of one year (365 consecutive days), your trackers may automatically become inoperative and you may not be able to get the affiliate Accumulated Balance or any other commission, and we may terminate, in our sole discretion, this contract, by noticing this suspension 7 days before the cancellation. When automatic suspension happens under Clause 5.5, the affiliate Accumulated Balance will be frozen. Unless we receive a reply requesting the withdrawal of your affiliate Accumulated balance within one hundred and eighty (180) days, the remaining money in your affiliate account will automatically be sent back to us.

5.6 Automatic termination for inactive account. If your cashier affiliate account is inactive, your Contract and participation in the affiliate network will automatically cease. In this section, the term "inactive" means that you have not requested a refund for any amount (through withdrawal or transfer to a player's account) for at least one hundred and eighty (180) days; When an automatic termination happens, you will be notified that your accruals have been frozen. If we receive no response within one hundred eighty (180) days, any amount you have in your cashier account affiliate will be refunded to us.

5.7 Effect of Termination. The following shall apply in the event of cancellation on our side:

  • You shall cease to promote the Sites and all rights and licenses granted to you under this Contract shall cease to apply immediately.

  • You will return all confidential information and cease to use all our brands and Marketing material.

  • We may leave open, redirect or deactivate any Tracking functions, in our opinion, without having any obligation to make any payment to you for Players that may subsequently become Real money Players.

  • If we paid such amounts as corresponded on the date of termination and these were subject to any rights under this contract, we would have no further obligation to pay you any subsequent amounts.

  • Clauses 2, 3.5, 3.8, 4.5, 5.4, 6, 7 and 8 and any other provisions that may be necessary for the interpretation or compliance with this Contract shall survive its termination or expiry.

6. LIABILITIES

6.1 Absence of guarantees. WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER (EITHER EXPRESSED OR IMPLIED BY LEGAL MANDATE, STATUTORY OR OTHERWISE) WITH REGARD TO THE AFFILIATE NETWORK, OUR SITES, OUR WEB SITE OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED TO THEM OR WITH RESPECT TO OUR SITES, THE WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR PROVIDED BY THIRD PARTIES) THAT THESE ARE FREE OF ERROR OR OPERATE WITHOUT INTERRUPTION, NOR DO WE OFFER WARRANTIES OR CLAIMS RELATING TO THE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING SUITABILITY FOR THE ABOVE. EXCEPT AS EXPRESSLY OR OTHERWISE SPECIFIED IN THIS CONTRACT, ALL IMPLIED WARRANTIES, REPRESENTATIONS AND TERMS ARE HEREBY EXCLUDED BY THIS CONTRACT TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, WE (OR OUR SUPPLIERS OR UNDERLYING DISTRIBUTORS) WILL NOT BE OBLIGED TO HAVE REDUNDANT SYSTEMS, NETWORKS, SOFTWARE OR HARDWARE.

6.2 Billing and Collection Restrictions. We may, at our discretion, use all available means to block, restrict, remove or discount the Tracking function of certain Real money Players, deposits or play patterns or else reject applications for Real Money Players and / or potential affiliates, in order to reduce the number of fraudulent and unprofitable transactions or for any other reason. We make no warranties or representations as to the consistent and / or correct applications of any efforts to prevent fraud.

6.3 Liability Limitations. Our obligations under this Contract will not constitute a personal obligation of the owners, officers, directors, agents, employees, distributors or suppliers of the Site or Services, except as expressly provided in this Contract. Except as expressly provided in this Contract, under no circumstances will we be responsible for any loss, damage or direct, indirect, special, incidental or consequential damages of any kind (regardless of whether we received notification of the possibility of such losses occurring), including the loss of business opportunities, income, profits or data. Our responsibility under this Contract, whether in contract, tort (including negligence) or for breach of statutory standards or any other cause, is limited to direct damages and shall not exceed the revenue generated or owed in connection with the Site or Websites linked to the claim during the 12 months prior to the moment causing the obligation. However, none of the provisions of this Contract will be structured to exclude or limit the liability of either party for death or personal injury occurred because of the negligence or fraud of the party concerned.

6.4 Indemnification. If requested, you shall defend, indemnify and protect our officers, directors, employees and agents against any claims, demands, liabilities, losses, damages, costs and expenses (including reasonable fees for legal services) that may arise (directly or indirectly) as a result of your breach of this Contract.

6.5 Compensation. Without prejudice to any other rights or remedies available to us under this Contract or otherwise, we will have the ability to compensate for any payments in your favor under this contract with the provisions of this document, with any obligation you had with us, among which we can include claims against you that we have filed as a result of your breach of this Contract.

7. INDEPENDENT INVESTIGATION

7.1 Independent investigation. YOU ENSURE THAT YOU HAVE INDEPENDENTLY EVALUATED THE ADVISABILITY TO PROMOTE THE SITE OR SERVICES.

7.2 Independent investigation. YOU ACKNOWLEDGE THAT THE LAWS OF GAMES MAY VARY BY LOCATION, STATE AND COUNTRY. YOU ENSURE THAT YOU HAVE INDEPENDENTLY EVALUATED THE LAW THAT APPLIES TO YOUR ACTIVITIES AND BELIEVE THAT YOU CAN PARTICIPATE IN THE AFFILIATE NETWORK WITHOUT INFRINGING THE APPLICABLE LAWS OR REGULATIONS.

8. RELATIONSHIP, CONFIDENTIALITY AND EXCLUSIVENESS

8.1 Notifications. All notices relating to this Contract will be made by e-mail as follows: those sent to your email address listed in the registration Form for members (or as subsequently updated in case of changes), and to us if you are not satisfied with the response to complaints. We will consider you have received a notice sent by e-mail when we send an acknowledgment of receipt or after twenty-four (24) hours from the time of transmission.

8.2 Relationship between the Parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you and us under this Contract. Neither party has the power to bind the other (among which we can included issuing statements or guarantees, the assumption of any liabilities or obligations and / or the exercise of any right or ability), except as specifically provided in this Contract.

8.3 Absence of exclusivity. You understand that we may, at any time (indirectly or indirectly) formalize a business contract with other Affiliates under the same or different conditions to those in this Contract and that such Affiliates may be similar to you and even be the competition. You further understand that we may redirect traffic and users from any of the Sites to other on-line sites we deem appropriate in our sole discretion, without any compensation to you.

8.4 Confidentiality and non-disclosure. As an Affiliate, we may send confidential information, including confidential information about our plans and marketing concepts, our structure and payments. This information is confidential and is a trade secret of our property. You may not disclose this information to others or use it for purposes other than those set out in this Contract without our prior written consent, except as expressly required by legal mandate (if any disclosure is made with such features as requested).

8.5 Press Releases. You may not issue any press release or any other communication to the public regarding this Contract, our brands or your participation in the Affiliate Network without our written consent, unless there is a legal mandate or solicitation of any judicial or regulatory entity.

8.6 Cession. Except in those cases where we have sent prior written consent, you may not transfer by law or natural right (including through a charge or declaration of trust), sub-license or deal in any other manner with this Contract or with the rights thereof, nor may you subcontract any of your obligations under this Contract or try to perform any of the above. Any cession that is intended to be made involving a violation of this clause does not entail any rights in favor of the alleged transferee.

8.7 Applicable Law. Contract shall be considered (including its variations or modifications) formalized in Curacao and governed by and construed under the laws of Curacao regardless of conflicts of law principles. You irrevocably agree that, subject to the provisions below, Curaçao courts have exclusive jurisdiction to determine the claims, disputes or problems arising in connection with or relating to this Contract or its enforceability and waive any objection to the conduct of proceedings in such courts on the grounds of territorial jurisdiction or under pretext that they have been led to an inappropriate forum. Nothing described in this clause shall limit our right to file a suit against you in any other court of competent jurisdiction. On the other hand, the development of other legal proceedings or other jurisdictions does not exclude the possibility of developing such procedures in other jurisdictions, whether concurrently or not, to the extent permitted by law in such jurisdiction.

8.8 Severability. Whenever possible, each provision of this Contract shall be construed so that it is effective and valid under applicable law but if any provision hereof is deemed invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent that such invalid or unenforceable portion is affected, without invalidating the remainder of this Contract or any other provision hereof.

8.9 Full Contract. This Contract constitutes the full agreement with it and between the participating parties regarding its content, and supersedes any contracts or written or oral agreements occurred before or after between the parties with respect to such content except for the Contract modifications made both by us and by you under the provisions of clause 1.3 above. Each of the parties acknowledges and agrees that in entering into this Contract, they have not relied on any statement, representation, warranty, understanding, commitment, promise or conviction (in negligence or good faith) that comes from someone (either party in this Contract or otherwise) not expressly stated in this Contract. Each party waives irrevocably and unconditionally all claims, rights and remedies which, but for this clause, might otherwise have in respect of the above. Nothing contained in this clause shall limit or exclude any liability for fraud.

8.10 Interest for non-payment. In agreement with the provisions of clause 6.5, if we did not make the payment for an amount owed ​​by us under this contract in due time, you will be entitled, but not obliged, to apply interests on the overdue amount, from the due date up to the time the payment is made, according to an interest rate of one percent (0.3%) per annum on the base interest from that moment at the Vallette bank in Malta.

8.11 Third Party Rights. Except that this Contract provides expressly that a third party may, in its own right, perform a condition of this contract, people who are not parties to this Contract are not entitled under the laws or local statutes to file any claim or execute any condition thereof even if this does not affect the rights of a third party or the resources that exist or are available under other laws or statutes that are not local.

8.12 No waiver on our side. In case of breach of any provision of this Contract, any subsequent breach of the same provision or any other shall not be deemed a waiver.

Published in 2019

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