TERMS & CONDITIONS

Affiliate Agreement

 

Latest Update: Jan 01, 2024.

This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between, CommissionKings.ag (“Us” or “Our” or “We”) and the individual or organization (the “Affiliate” or “You” or “Your”) participating in CommissionKings.ag Affiliate Program (the “Program”)

Execution by You of this Agreement as set forth below constitutes Your acceptance of the terms and conditions of this Agreement and will be a legally binding agreement between both parties.

You should print and store this Agreement and the filled in Affiliate Signup Form.

Enrolment in the Affiliate Network

1.1 To begin the enrolment process, You must submit a completed Program Application via CommissionKings.ag (‘Our Site’) which may be found upon the CommissionKings.ag website. We will evaluate Your application in good faith and will notify You of Your acceptance or rejection in a timely manner.

1.2 By submitting an application to be registered as an Affiliate, You:

Warrant that You are over the age of legal majority in Your jurisdiction(meaning that You are over the age required by law in Your jurisdiction for entering into a legally binding contract and that You are not aware of any lawful impediment precluding You from entering into this agreement;

Warrant that the information with which You provide Us upon registration is complete, current, valid and honest;

Warrant that, In the event that You are registering a juristic or corporate entity as an Affiliate, You have the full right, power and authority to enter into this Agreement on behalf of such entity;

You agree to these terms and conditions by clicking the “Submit” button on our Affiliate Registration Form.

1.3 On submitting Your Program Application You will provide Us with the main domain(s) You intend to use for marketing in this program (“Proposed Domain Names”) and upon request by Us, provide information on all other sites. Failure to advise of a domain that you have used may be cause to terminate your affiliate account.

An Affiliate may not apply to or participate in the Program unless they accept the Terms and Conditions.

1.4 We shall compare application information with domain name registration information where need be.

Affiliates shall not attempt to open more than one Affiliate account without prior written consent from the Company

1.5 We may reject Your application if we determine, at Our sole discretion, that Your Site is unsuitable for the Program for any reason. These reasons include, but are not limited to:

Infringe trademark rights of Ours or any third party. This includes stolen content, design that may violate the rights of any third party.

Contain sexually explicit or hate/violent/offensive content or materials

Promote illegal activities or otherwise violate any applicable laws, including those targeting spyware, adware or SPAM

Violate any intellectual property rights, including, without limitation, scraping text or images from any other website, including those of Our partners.

Using our partners or our brand name within the domain name.

Similarly, we shall reject Your application if we determine, at Our sole discretion, that Your Site is designed to appeal to minors. If we reject Your application, You are welcome to reapply to the Program at any time. You should also note that if We accept Your application and Your site is thereafter determined, at Our sole discretion, to be unsuitable for the Program, we may terminate this Agreement immediately.

It is your responsibility to keep your affiliate login and password secure.  We are not responsible for any losses that may arise from anyone accessing your account.

Protection of Minors

We do not allow anyone under the age of 18 to register with or play on Our Sites or Participating Sites. Our Sites and Participating Sites are not designed to attract children or adolescents, and we take all measures to block underage persons from registering with them. Therefore, we shall reject Your application if we determine, at Our sole discretion, that Your Site is designed to appeal to minors and, as such, is not suitable for Our Program.

Promotion of Our Affiliate Relationship

3.1 Participating Sites in this Agreement are CommissionKings.ag and all its derivatives. Further Participating Sites may be added from time to time and should You wish to promote such sites You may do so by expressly activating Your account for them.

3.2 In the event of Your acceptance to the Program, we will make available to You, banner advertisements, button links, text links and other links as determined by Us which shall all link to Participating Sites (collectively referred to hereinafter as a “Link”), which You may display on Your Site, provided You abide by the terms and conditions of this Agreement.

3.2.1 In Using the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links. All Your Web sites shall display the Links prominently throughout such sites.

3.2.2 You may not modify a Link, unless You have received prior written consent from us to do so.

You are not authorized to use any software such as spiders, algorithms or bots to crawl, page-scrape or access any of our brands websites or affiliate program websites.

3.2.3 We have the right, at Our sole discretion, to monitor Your Accepted Sites at any time and from time to time to determine if You are in compliance with the terms of this Agreement. In the event that we determine that Your Use of any Link is not in compliance with the terms of this Agreement, we shall be entitled to take such measures as to render inoperative the Links Used by You.

3.2.4 You cannot promote Our sites outside of standard affiliate links without prior written permission. The Use of the Links is the only method by which You may advertise Our sites.

IP’s which are not authorized to use our XML feeds, API feeds, server to server information, shall be authorized or blocked at our discretion.

3.2.5 You may not advertise Our sites in any other way including, without limitation, the use of spam e-mails.

3.2.6 Affiliates who engage in Pay Per Click (PPC) Advertising are strictly forbidden from bidding on the Participating Sites’ or competitor sites’ branded keywords. In case of violation of this term, we have the right to withhold any commissions resulting from such activity as well as terminate your agreement with our affiliate program.

3.3 As an Affiliate, You will be responsible for promoting the Participating Sites by implementing the advertising banners and special tracking URL’s (provided by Us and identifying all traffic generated by You as having been directed to Us by You) on Your Sites, in Your e-mails and in other communication.

3.3.2 Only properly tagged Players can be assigned to an Affiliate. Should Your tag be improperly inserted into marketing material, whether Your Site or otherwise, or not properly received by the Our servers, the resulting Player registration and purchases will not be assigned to You.

In the event that two or more affiliates claim referral over player/s, it will be up to our management to make a final decision as to who gets the player referral.

3.6 You may not modify any banners or other creative material supplied by Us without Our prior written consent. The appearance and syntax of the hypertext transfer links are designed and designated by Us and constitute the only authorized and permitted representation of the Participating Sites, their Brands and CommissionKings.ag

You must ensure that any materials such as banners on your website(s) are not violating copyright or Intellectual property.

We are not responsible for loss or injury caused by negligent use of our creatives or our links, whether they are dated or outdated.

We will not be liable for interruptions or errors caused by our websites and systems.

3.7 The Participating Site assumes ownership of potential Players at point of first official contact with the visitor referred by You.

3.7.1 You act as a referring agent for the Participating Site in this regard. The Participating Site reserves the right to refuse Players (or to close their accounts) if necessary to comply with any requirements that may periodically be established.

3.8 Derivative Domain names may not be Used by You to promote any Participating Site unless previously agreed in writing by Us. Derivative Domain names are the beneficial property of Us and Our Participating Sites.

3.9 Offering any so-called “rake-back or cash-back” schemes or similar which offers or allows a proportion of the Player’s revenue to be returned to the player in any form and you shall not advertise the words “rake-back or cash-back” on any third-party website or discussion forum or draw any relationship between said words and Our Marks and/or our Websites;

3.9.1 If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) (i) withhold any Referral Commissions; (ii) terminate this Agreement immediately on notice; or (iii) we may decide to fine you by lowering your commission to 10% of Net Revenue.

Email Spam Policies

4.1 As an Affiliate, You agree to comply with the requirements of the CAN-SPAM Act of 2003 in its distribution of email that contains messaging regarding the Participating Sites. Furthermore, You agree that all promotional work You do with Us will comply with industry acceptable standards. Any unacceptable behavior (including the Use of spam) will be cause for immediate termination of this agreement.

We don’t endorse promotion of online betting through the US Postal Service.

4.2 Banners and links may not be placed within unsolicited e-mail (spam), unauthorized newsgroup postings, or chat rooms or through the Use of “bots”. Traffic generated in the foregoing, or any illegal manner, will not accrue towards the calculation of any commissions payable to You in terms of this agreement. Furthermore, We reserve the right to terminate this agreement immediately if it comes to Our attention that You are ‘spamming’, falsely advertising or participating in any other form of marketing activity which could discredit the Participating Sites their brands or Us.

4.2.1 Furthermore, upon suspicion of such conduct We shall be entitled to place Your account under review and all funds due to You will be withheld pending an investigation into Your account and such activity. In addition, give Us the right to levy expenses and/or fees incurred as a result of such activity on Your behalf.

4.3 You agree to indemnify, defend and hold Us or any of Our hosted brands harmless from any cost, expense or liability arising out of any breach or alleged breach of Your obligations under this Email/Spam Policy.

Our Responsibilities

5.1 We will be responsible for providing all information necessary to allow You to make appropriate Links from Your Site and marketing to Our Participating Sites. We will track the number of Referred Players. “Referred Player” means any Player, not being a Player previously registered at any of the Participating Sites, who as a result of an independent effort of the You, (1) has been referred to any of the Participating Sites by You, and (2) has properly registered and opened an account with any of the Participating Sites, and (3) has been verified and accepted as a Player at any of the Participating Sites, and (4) has fulfilled any qualification conditions as may be prescribed by the Participating Site, and (5) has deposited real money into the said account (Money Players), as determined solely by Us on the basis of information registered on the relevant Participating Site’s.

5.2 Neither You nor Your relatives, nor in the case of a corporate entity, Your employees are eligible to become Referred Players and should You or they do so You will not be eligible to receive the relevant commission. For this purpose, the term “relative” shall mean any of the following: spouse, partner, parent, child or sibling. We reserve the right to close Your account if you register such Players, and hold all commissions owing to You.

5.3 The number of Referred Players per individual household computer is strictly limited to one. Our measurements and calculations in relation to the number of Money Players and the relevant Gross Revenue figures shall be the sole and authoritative tool and shall not be open to review or appeal. We shall make the number of Money Players and the relevant Gross Revenue figures available to You through Our information site.

5.4 We will provide a report to You detailing the total number of referred Players, activity generated and commission and/or payments payable to You. We will, from time to time, make available such further statistics as we deem necessary to enable You to better promote the brands of the participating sites. We will enable You to access the report contents online.

Commission

6.1 We as the agent for the Participating Sites will pay You commission only on sign-ups with depositing of funds to any of the Participating Sites. Your entitlement to a referral fee will accrue only if the customer is a Referred Player. We will not, however, pay commission on any services that a customer purchases if the account is deemed to be abusing bonuses or credit card privileges in ANY way. We reserve the right to withdraw and reverse retroactive fraudulent and chargeback activities at any point in time. Payment of commission will continue for all Referred Players for the lifetime of this Agreement.

The Company reserves right to offer different commission structures and revenue models in respect of different affiliate partners.  The revenue model can be changed from to CPA or Revenue share vice-versa should the company deem applicable. We may raise or lower any affiliates’ commissions according to our sliding commission scale and method of calculation of your referral commission at management’s discretion.

The Company retains the right to review all commissions for possible Fraud, whether such Fraud is on the part of the Money Player, on the part of a Sub-Affiliate, or on your part. In any period of time during which the Company reviews commissions for possible Fraud, such review period not to exceed 180 days, the Company shall have the right to withhold any commission accrued in your favor, such Commissions not to be paid until such time as the review has been concluded. Any incidence of Fraud on your part constitutes a breach of this Agreement. In case of such breach, the Company retains the right to terminate this Agreement immediately and you shall not be entitled to receive any Commissions which have accrued to your benefit at such time in relation to same whether such Commissions were generated through Fraud or otherwise. The Company also retains the right to set-off from future Commissions payable to you any amounts already received by you which can be shown to have been generated by Fraud. You are urged to provide accurate details in regard to the manner and information relating to your preferred method of receiving Commissions and the Company shall not be held liable for your delayed receipt of Commissions due to your provision of inaccurate details.

6.2 The Company has negative carryover on BetOnline.ag, SportsBetting.ag, and Tigergaming.com the Company does NOT carryover negative balances on stand-alone Casinos (Wild Casino), instead they will do month to month earnings due to player winnings.  In such cases, the Affiliate’s account will be zeroed out at the beginning of the next month. However, negative balances incurred due to chargebacks WILL carryover until the amount and related costs are recovered in full. In the case of CPA campaigns, chargebacks from Fraudulent Accounts will be deducted from Affiliate commissions.  The Company has adopted this policy as it cannot reasonably be held responsible to pay commissions based on revenue never realized.

6.2.1 While our stand-alone casino brands feature no negative carryover for all affiliates, there may be cases in which a player wins a large amount at a certain casino during the month to cause the Affiliate’s earnings to go into a negative amount.  We may temporarily remove the player (known as “fencing”) from the Affiliate’s sheet until such time where the player’s winnings have been recovered by the casino.

Once the winnings have been recovered, the player will be placed back on the Affiliate’s sheet.

6.2.2 Net Revenue is defined as:

On Sportsbook activities: all gross monies from bets made less; monies paid out to Referred Players as winnings, fraud, Chargebacks, bonuses, processing costs and other incentives offered to the Referred Player.

On Casino activities: total wagers made by Referred Players less; payouts, progressive contributions (on network progressive games only), Chargebacks, bonuses, fraud, processing costs and other incentives offered to the Referred Player as well as vendor costs as determined from time to time by Us.

On Poker activities: poker rake, sit and go fees, tournament fees made less; fraud, Chargebacks, bonuses, processing costs and other incentives offered to the Referred Player.

On Racebook activities: all gross monies from bets made less; monies paid out as winning, fraud, Chargebacks, bonuses and rebates, processing costs and other incentives offered to the Referred Player.

6.3 In the event you desire to offer certain incentives to potential Referred Players, you are required to receive Our prior written approval for such incentives prior to Your commencement of such activity. And in the event You do not receive such approval and offer such incentives, You shall not be permitted to receive any commissions generated on account of Referred Players who have become such in connection with the unapproved incentives.

Our Company’s affiliate software statistical reports, payment reports and customer tracking methods are accurate and reasonable and its calculations are final.

6.4 All commissions shall be paid to You on a monthly basis, For the purposes of calculating commission earnings, the Affiliate Program month-end is the last day of the month. Payment shall be made by Us to You by way of the payment method available to you and will be paid within 45 days of month end and providing that your payment information is updated and true by the 1st of the month.

If your Revenue Share is negative for any particular month resulting in a negative Commission, your negative Revenue shall be carried forward to the subsequent months(s) with the exception of the stand alone Casinos.

6.5 We shall be entitled to set-off from the amount of commission to be paid to You any associated costs related to the transfer of such commission. In the event that the commission to be paid to You in any calendar month is less than USD300 (the “Minimum Amount”), We shall not be obligated to make the payment until such time as the commission is equal to or greater than the Minimum Amount. It is up to You to check the relevant minimum amounts per payment processing method, as well as their costs associated with them.

6.6 No commission shall be paid on any non depositing player, where bonuses are used.

6.7 We retain the right to review all commissions for possible fraud, where such fraud may be on the part of the Referred Player or on Your part. Any incidence of fraud on Your part constitutes a breach of this Agreement, and We retain full authority to terminate this Agreement immediately in the event of such breach. We can hold affiliate payments up to 180 days to review

6.7.1 We reserve the right to withhold affiliate payment/s generated by any Affiliate player/s that are under investigation.  We reserve the right to refuse customers or to close their accounts at manager’s discretion. We can hold a payment up to 180 days.

6.7.2 In order to be entitled to the Revenue Share based on Net Revenue, all Affiliates are required to generate not less than ten (10) minimum Real Money Players in any rolling 6-month period. In the event that an Affiliate does not generate at least ten Real Money Players, such Affiliate’s entitlement shall drop to 10% of all applicable Net Revenue for such Affiliate Players. In the event that the Affiliate later exceeds the minimum Affiliate Players requirement, as of the date of Affiliates re-instatement, the Affiliate shall be entitled to the percentages based on Net Revenue for future Net Revenue generated by such Affiliate Players. Affiliate shall not be entitled to the percentages retrospectively, notwithstanding their reinstatement.

6.7.3 It is the affiliate’s responsibility to regularly withdraw, any payable account balances via a currently available/chosen withdrawal option. Payable account balances may not be left within the account for a period longer than 6 months.

Should the affiliate fail to withdraw any payable balances exceeding $100,000 for a period longer than 6 months, such balances will be permanently removed from the account.

6.8 Further, in the event that we deem that fraud has occurred, either on Your part or on the part of a Referred Player, You shall not be entitled to receive any commissions which have accrued to Your benefit at such time whether such commissions were generated through fraud or otherwise.

6.9 You are urged to provide accurate details in regard to the manner and information relating to Your preferred method of receiving commissions. We shall not be held liable for Your delayed receipt of commissions due to Your provision of inaccurate details. It is Your responsibility to be aware of money owed and commissions received. We will always update You with commissions sent, but after six (6) months it will automatically be presumed that the money sent was received, and will no longer be traced.

6.10 For the purpose of this Agreement and by way of example only the term “Fraud” shall include, but shall not be limited to, actual or attempted (i) bonus abuse on the part of the Money Players, (ii) the encouragement by You or a third party of bonus abuse on the part of the Money Players, (iii) a chargeback executed by a Money Player, (iv) collusion on the part of the Money Player with any other player on the Sites, (v) the opening of an account in breach of the terms of this Agreement, (vi) the offering or providing by You or any third party of any unauthorized incentives (financial or otherwise) to potential Players and (vii) any other act by You or by a Player which is reasonably understood to have been committed in bad faith against Us and Our Participating Sites regardless of whether or not such action has resulted in any type of harm or damage.

6.11 CommissionKings.ag will not pay commissions on your own, or a related person’s player account. Any attempt to do so will be considered fraudulent and may result in your account being closed. Commissions will not be paid to anyone that is a relative or having relatives under that affiliate account.

6.12 Should you be considered a syndicate player and join the affiliate program with the sole purpose of using the commissions to lay off your odds you will have your account deemed fraud and closed.

6.13 Chargeback Policy. Since Chargebacks directly affect the accumulated Net Revenue received by Us, it affects Your commission payment as well. If a Referred Player disputes a transaction which eventually results in a chargeback, the accumulated chargeback amount will be removed from your Gross revenue. In case of CPA accounts the total chargeback amount will remove that CPA ($)

6.14 Referral Commission:

If any Affiliate refers a Sub-Affiliates to the Program, that Affiliate shall be entitled to a Referral Commission which is calculated as 5% of Sub-Affiliate’s Revenue Share Commission.

6.14.1 For a Sub-Affiliates referral to be valid, that Sub-Affiliate may not be directly or indirectly owned or controlled by that referring Affiliate or by any member of the referring Affiliate’s immediate family. The referring shall not be entitled to any Referral Commission under this Agreement in respect of any such connected Sub-Affiliate.

6.14.2 Commission earned by that Sub-Affiliate CommissionKings.ag may, at any time, change the amount of Referral Commission due under clause 6.14 in respect of any new Sub-Affiliates referred by giving notice.

6.15 We reserve a right to terminate and confiscate earnings generated by Affiliates that generate CPAs fraudulently by referring family members, friends and fake accounts to benefit from CPA revenue model.

6.16 Sub-affiliate deals will remain active as long as the referred affiliate continues to promote the brands including sending new players to our revenue sites. Sub-affiliate deal will become inactive and earnings will cease if the referred affiliate no longer sends new players to the revenue sites.

6.17 Sub-affiliate deals will remain active as long as the referred affiliate remains at or above the 20% minimum baseline earnings level. If a referred affiliate drops to the 10% Revenue Share level, the sub-affiliate account will become inactive and earnings will cease.

6.18  Any commissions paid out to Players Account is for the purpose to be played with and with that a one time rollover required of the full commissions paid.

6.19 If the referred affiliate account becomes suspended or is in violation of any of the operating terms, earnings to the sub-affiliate account will cease.

6.20 Commission Kings reserves the right to alter or amend the terms of these clauses at any time without notice.

Reports of Sales

We will update Your statistics on Our Site on a regular basis. We will provide You with Your pre-selected Username and password to review these statistics daily.

Licenses and Use of the BetOnline, SportsBetting, Tigergaming and Wild Casino Logos and Trademarks

8.1 We grant You a non-exclusive, non-transferable, revocable right (i) to access Our sites through the Links solely in accordance with the terms of this agreement and (ii) solely in connection with such Links, to Use Our logos, trade names, trademarks and similar identifying material relating to Us (collectively, the “Licensed Materials”), for the sole purpose of establishing a Link to Our sites so Users of Your Site can subscribe to Our Participating Sites. You may not alter, modify or change the Licensed Materials in any way.

8.2 Other than establishing a Link from Your Site to Our sites, You shall not make any Use of any Licensed Materials without first obtaining Our prior written consent. You shall not Use the Licensed Materials in any manner that is disparaging or that otherwise portrays Us in a negative light. We reserve all of Our rights in the Licensed Materials and of Our other proprietary rights. We, in Our sole discretion, may revoke Your license at any time, by giving You written notice.

8.3 Ownership of all content displayed on Our Site or Our Participating Sites remains Our client’s respective property and shall not be deemed to have been transferred to You through any act or omission in respect of this Agreement. You shall not assert the invalidity, unenforceability, or contest the ownership of Our or Our Participating Sites intellectual property in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Our licensor’s rights in their intellectual property, render the same generic, or otherwise weaken its validity or diminish their associated goodwill

Obligations Regarding Your Web Site

9.1 You will be solely responsible for the technical operation of Your Website and the accuracy and appropriateness of materials posted on Your Site. You agree that neither your website or social media accounts and pages or any kind will not, in any way, copy or resemble the look and feel of Our Site or Participating Sites nor will You create the impression that Your Site is Our Site or any part of Our Site or Participating Sites.  Nor will you display name/s containing any our brand’s names or variation of words that are or can be deemed to resemble part our Brand’s name. You will not use anchor text for keyword phrases, names or words that are or can be deemed to resemble our Brands.

9.1.1 You also agree that Your Website will not contain any content of Our Site or any materials which are proprietary to CommissionKings.ag or Our Participating Sites, except (i) with Our prior permission, or (ii) materials obtained by You via the Affiliate Program Information Site in accordance with the provisions hereof or the policies or instructions therein.

9.1.2 You will indemnify and hold Us and Our Participating Sites harmless from all claims, damages, and expenses (including, without limitation, attorney’s fees and expert witness fees) relating to the development, operation, maintenance, and contents of Your Website or any materials, products or services linked to therein.

9.1.3 You hereby acknowledge that Your conduct as an Affiliate shall reflect on Us and Our Participating Sites and has the potential to cause substantial damage to Our and Our Participating Sites reputation and goodwill and that You shall at all times consider the goodwill and reputation of CommissionKings.ag.

9.2 You are solely responsible for ensuring that the content of Your Site and Your products and services that You offer from Your Site comply with all applicable copyright and other laws. You must have express permission to Use another party’s copyrighted or other proprietary material. We will not be responsible if You Use another party’s copyrighted or other proprietary material on Your Site in violation of the law or any agreement, and Your indemnity, below; will protect Us if You do so.

9.3 Should an Accepted Site be sold, that website’s existing sheet of players will not necessarily become the property of the new ownership. Please contact Your account manager prior to a change of ownership to ensure all parties are in agreement on terms and responsibilities.

Term of this Agreement and Termination

10.1 The term of this Agreement will begin when You complete the sign-up procedure and have been informed by Us of Your acceptance to the Program and create a unique link to Our sites and will be continuous unless and until either party decides to terminate this agreement for any cause given or not given.  The party must notify the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. TERMINATION IS AT WILL, WITH OR WITHOUT REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail to [email protected] or affiliate manager is considered a written and immediate form of notification.

10.2 Upon termination You must remove all of Our banners/icons from Your site(s) and disable all links from Your site(s) to Ours. All rights and licenses given to You under this Agreement shall immediately terminate. 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 Our Marks.

10.3 If we deem for any reason that you have failed to fulfill Your obligations and responsibilities in terms hereof, We will not pay You the commission otherwise owing to You upon termination or Commissions generated after the date of termination will not be paid.

10.4 We may withhold Your final payment for a reasonable time after termination to ensure that the correct amount is paid.

10.5 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.

Modification

We may modify any of the terms and conditions contained in this Agreement at any time and in Our sole discretion. It is the Affiliate’s responsibility to periodically check these terms and conditions, If you continue to participate in the Program after the date on which the Terms have changed, it will affirm that you have accepted the updated Terms.  If any modification is unacceptable to You, your only recourse is to terminate this Agreement; should You so terminate the changes we have announced shall nevertheless become effective unless we agree, in writing to [email protected], to the contrary. 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.

NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US UNLESS REDUCED TO WRITING AND SIGNED BY BOTH PARTIES. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

Relationship of Parties

You and CommissionKings.ag and any of the entities it represents 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 herein.

Representations and Warranties

13.1 Except as otherwise stated here, we make no express or implied warranties or representations with respect to the Program or any of Our Services sold through the Program or any Participating Sites Services (including, without limitation, warranties of fitness, merchantability or non-infringement, or any implied warranties arising out of 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 we will not be liable for the consequences of any interruptions or errors.

13.2 Each of Us (the “Warrantor”) hereby represents and warrant to the other party as follows:

13.2.1 This Agreement has been duly and validly executed and delivered by the Warrantor and constitutes its legal, valid, and binding obligation, enforceable against the Warrantor in accordance with its terms.

13.2.2 The execution, delivery, and performance by the Warrantor of this Agreement and the consummation of the transactions contemplated hereby will not, with or without giving notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule or regulation to which the Warrantor is subject, (ii) any order, judgment or decree applicable to or binding upon the Warrantor’s assets, (iii) any provision of the Warrantor’s by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to or binding upon the Warrantor’s assets.

13.2.3 No consent, approval, authorization of, exemption by or filing with any governmental authority or any third party is required to be obtained or made by the Warrantor in connection with the execution, delivery, and performance of this Agreement or the taking by the Warrantor of any other action contemplated hereby.

13.2.4 There is no pending or, to the best of the Warrantor’s knowledge, threatened claim, action, or proceeding against Warrantor with respect to the execution, delivery or consummation of this Agreement, or with respect to the Warrantor’s trademarks, and, to the best of the Warrantor’s knowledge, there is no basis for any such claim, action, or proceeding.

YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT PLAYER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT

Confidentiality

During the term of this Agreement, You may be entrusted with confidential information relating to Our business, operations, or underlying technology and/or the Program (including, for example, Referral Commissions earned by You under the Program). You agree to avoid disclosure or Unauthorized Use of any such 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.

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 Affiliate Program, even if we have been advised of the possibility of such damages. Further, Our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to You under this Agreement.

Indemnification

You hereby agree to indemnify and hold harmless CommissionKings.ag, the entities it represents and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys’ fees), and costs (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that Our Use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein, (iii) the development, operation, maintenance and content of Your Site and products and services offered from Your Site, or (iv) any claim related to Your Site, including without limitation, content therein not attributable to Us.

Data Protection

You shall comply with any relevant data protection laws in the jurisdiction in which You are domiciled and any jurisdictions in which You operate

Notification

Notice to Us in connection with this Agreement shall be deemed given as of the day they are received by email:

[email protected]

Notice to You in connection with this Agreement shall be deemed given as of the day they are dispatched by email.

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 SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. NO ALTERATIONS OF THIS AGREEMENT WILL BE RECOGNIZED BY US.

Construction

This Agreement will be governed by the laws of Panama.  If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. 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 a provision or any other provision of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications.