The complete terms and conditions for membership of the
BettingBucks managed Affiliate Programs are applicable
to both our casinos and our bingo games. It is mandatory
that each applicant reads them before applying to the
program and that these conditions are adhered to throughout
the duration of their membership.
The following are our complete terms and conditions
to apply as a member of the BettingBucks and InterContinental
Casinos (ICC) Partner Program. Please read this
agreement in its entirety.
By submitting the application form or linking to
the sites participating in the Partner Program you
are deemed to have agreed to be bound to the terms
and conditions set out in this agreement.
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1. Definitions
1.1 "Affiliate Program" means the advertising
revenue program operated by BettingBucks on behalf of
Intercontinental Casinos Ltd for the following online
games: USA Casino; New York Casino; BingoFun; Zodiac Bingo;
Zany Bingo; Ruby Bingo
1.1a "Site" means one or more of the Casino
or Bingo websites included in this Partner Program and
their related pages.
1.2 "Player(s)" means a person that enters the
Site via your Tracker(s) and deposits a certain amount
of money.
1.3 "Tracker(s)" means the unique tracking URL
that we provide exclusively to you, during the term of
this Agreement, through which we track your efforts and
calculate your Advertising Revenue.
1.4 "Banners and Text Links" means the graphical
artwork or text that will be directed to our Site's home
pages through your Tracker, to permit a Player to hyperlink
from your website to our Site.
1.5 "Deposit(s)" means funds transferred by
Players to their Site account.
1.6 "Redeem(s)" means any and all funds withdrawn
or cashed-out by Players from their Site account plus
amount pending on the players account plus any Deposits
reversed (or credits given) by us, in our sole discretion,
to negate fraud, error, Player non satisfaction or through
charge-backs.
1.7 "Net Revenue" will mean the sum of Deposits
less Redeems generated on your Tracker(s) based solely
on our log files.
1.8 "Advertising Revenue" is the percentage
of Net Revenue due and payable to you, at the end of each
calendar month, based solely on our system's data. The
Advertising Revenue will be an agreed percentage of the
"Net Revenue" according to the amount of wagers
made by players you send within 1 month of activity (see
chapter 4).
1.9 "Spam" means emails and messages that are
sent by you, directly or indirectly, which: 1), contain
false or misleading statements; 2), do not truthfully
identify the source or the originating IP Address; or
3), do not contain an online and real time Remove option.
1.10 "Fraud Traffic" means Deposits or traffic
generated at the Site through illegal means or in bad
faith to defraud the system, regardless of whether or
not it actually causes us harm. Fraud Traffic includes
but is not limited to Spam, false advertising and unauthorized
use of any third party copyrights or trademarks.
1.11 "Sub-Affiliates" means all traffic generated
via your dedicated links and generated by a 3rd party
you contacted and linked to the site.
2. Our Rights and Obligations
2.1 Register your players
We will register your players and will track their play.
We reserve the right to refuse customers (or to close
their accounts) if necessary to comply with any requirements
we may periodically establish.
2.2 Track players
We will track players play and will provide you
with remote online access to reports of customer activity
and the Advertising Revenue generated.
2.3 Pay a marketing Fee
We will pay you Advertising Revenue (defined above) we
earn from players directed from your site after they open
an account with us and based on Deposits they make for
real money.
2.4 Modification
We may modify any of the terms and conditions contained
in this Agreement, at any time and in our sole discretion,
by posting a change notice or a new agreement on our site
which we will notify you of. Modifications may include,
for example, changes in the scope of available Advertising
Revenue, fee schedules, and Partner 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 (WHICH WE
WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
3. Your Rights and Obligations
3.1 Linking to our Sites
By agreeing to participate in this affiliation Program,
you agree to create links from your site to our Sites.
You may link to us with one of our banners or with a
text link. With our written permission, you may link
directly to our downloadable .exe file. These are the
only methods by which you may advertise on our behalf.
We will terminate this agreement immediately if there
is any form of spamming or if you advertise our casino
or bingo games in any other unauthorized way. You shall
not make any claims, representations, or warranties
in connection with us and you shall have no authority
to, and shall not, bind us to any obligations.
3.2 Agency Appointment
By this Agreement, we grant you the non-exclusive right
to direct customers to our 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, and we obviously intend to contract
with and obtain the assistance from others at any time
to perform services of the same or similar nature as
yours. You shall have no claims to Advertising Revenue
or other compensation on business secured by or through
persons or entities other than you.
3.3 Approved Layouts
Without our prior written approval, you will only use
our approved banners and will not alter their appearance.
The appearance and syntax of the hypertext transfer
link are designed and designated by us and constitute
the only authorized and permitted representation of
our site. You may only use banners from our authorized
banner farms.
3.4 Good Faith
You will not benefit from known or suspected traffic
not generated in good faith whether or not it actually
causes us damage. 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 Advertising
Revenue with respect to such traffic.
3.5 Responsibility for Your Site
You will be solely responsible for ensuring that materials
posted on your site are not libelous 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.
3.6 License to use Marks
We hereby grant to you a non-exclusive, non-transferable
license, during the term of this Agreement, to use Betting
Bucks' brands' intellectual-property marks 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 licensors'
rights in the marks, render the same generic, or otherwise
weaken their validity or diminish their associated goodwill.
4. Fees
4.1 Charge-backs
A charge-back is defined as un-collectable CC transaction
from the CC companies as a result of customer non payment
or fraudulent credit card use. Fifty percent of all
charged back amounts will be deducted from your payment
or the reserved funds. Charge back fees will be paid
to CC companies and will be administered by ICC.
4.2 Fee Payment
We will pay you Advertising Revenue on a monthly basis,
by the seventh of each month, but not less than $50
per payment. If you fail to achieve the amount of $50
Advertising Revenue on a certain month, the earned amount
will be forwarded to the next calendar month. All payments
will be due and paid in United States dollars. If the
account is in a negative position (e.g. because customer
winnings have exceeded customer losses) the negative
position will be carried over into the following month(s).
Advertising Revenue will be based upon our good faith
calculation based on our statistics.
5. Term and Termination
5.1 The term of this Agreement will begin when you create
a unique link 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 all of our banners/icons from your site
and disable the link from your site to ours.
All rights and licenses given to you in this Agreement
shall immediately terminate.
If you have failed to fulfill your obligations and responsibilities,
we will not pay you the Advertising Revenue 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 play from customers after termination,
this will not constitute a continuation or renewal of
this Agreement or a waiver of termination.
5.3 Confidential Information
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN
OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable
sites include those that: are aimed at children, display
child pornography or other illegal sexual acts, promote
violence, promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation,
or age, promote illegal activities, violate intellectual
property rights.
5.4 Commercial Use Only.
This Marketing opportunity is for commercial use only,
and you, your family members, friends, associates may
not make Deposits, directly or indirectly, through your
Tracker for your own personal use or to fraudulently
increase the Advertising Revenue payables to you. If
you wish to make test transactions to evaluate the system,
including Deposits, please contact partner@intercontinentalcasinos.com
so we can refund the charges once you have completed
your testing. Transactions made in violation of this
provision will be deemed Fraud Traffic and we will deduct
such Deposits or traffic from your Advertising Revenue.
6. Indemnity
You shall defend, indemnify, and hold ICC, 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 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 Partner Program.
7. Disclaimers
We make no express or implied warranties or representations
with respect to the Partner Program, Sites or marketing
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.
8. 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 ICC's behalf. You will not make any statement, whether
on your site or otherwise, that reasonably would contradict
anything in this paragraph.
9. Sub affiliates
Sub Affiliates are totally obligated to these terms
and conditions, but you will be held fully responsible
for their activities. ICC will not be held responsible
for any dispute between you and your sub affiliates.
10. 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 Partner Program,
even if we have been advised of the possibility of such
damages. Further, our aggregate liability arising with
respect to this Agreement and the Program will not exceed
the total Advertising Revenue 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.
Any liability arising under this Agreement shall be
satisfied solely from the marketing fee generated and
is limited to direct damages.
11. 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 OR CONTRACT WITH
WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB
SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THIS PARTNER PROGRAM AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
12. Miscellaneous
12.1 Governing Law
The laws of Antigua, without reference to rules governing
choice of law will govern This Agreement. Any action
relating to this Agreement must be brought in Antigua
and you irrevocably consent to the jurisdiction of its
courts.
12.2 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. None of our
employees, officers or agents may verbally alter, modify
or waive any provision of this Agreement.
12.3 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.
12.4 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 our banner and creating
a link from your site to ours.
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