TERMS AND CONDITIONS
1. OUR RIGHTS AND OBLIGATIONS
1.1 REGISTER YOUR CUSTOMERS
We will register your customers 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. ("Customer" means your visitors that use the link from your site to ours and open an account with us. By opening an account with us, they will become our Customers and, accordingly, all HANSA GAMING INTERNATIONAL rules, policies, and operating procedures will apply to them.)
1.2 TRACK CUSTOMERS' PLAY
We will track your customers' plays and will make available to you a report summarizing their activities. The form, content and frequency of the reports may vary from time to time based on our discretion. Access to the activity and the referral fees generated from the customers you referred will be made available to you on our website the day following your successful application.
1.3 PAY A REFERRAL FEE
We will pay you referral fees based on the NET RAKE and NET WIN (defined below) we earn from players directed from your site after they open an account with us and wager for real money.
1.4 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 referral fees and Affiliate 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.
1.5 RIGHT TO REJECT ANY APPLICATION
We will evaluate your application and, where applicable, notify you of your acceptance. We may reject your application if we determine, in our sole discretion, that Your Site is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content on Your Site that we deem is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence, (iv) politically sensitive or controversial issues or (v) any unlawful behavior or conduct. Similarly, we shall reject your application if we determine, in our sole discretion, that Your Site is designed to appeal to minors. If we reject your application, you are welcome to reapply to the Affiliate Program at any time. However, we are not under any obligation whatsoever to disclose the reasons for rejecting an application.
2. YOUR RIGHTS AND OBLIGATIONS
2.1 LINKING TO HANSA GAMING INTERNATIONAL
By agreeing to participate in this Affiliate Program, you are agreeing to create and maintain unique link from your site to the HANSA GAMING INTERNATIONAL Online Poker room. You may link to us with one of our banners or with a text link. This is the only method 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 services in any other 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.
2.2 AGENCY AGREEMENT
By this Agreement, we grant you the non-exclusive right to direct customers to our site 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 referral fees or other compensation on business secured by or through persons or entities other than you.
2.3 APPROVED LAYOUTS
Without our prior written approval, you will only use our approved banners and will not alter their appearance nor refer to us in any promotional materials. 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 HANSA GAMING INTERNATIONAL that are available on our servers. DO NOT CREATE A DIRECT LINK TO THE BANNERS ON OUR WEBSITE. IF YOU DO THIS WE WILL NOT PAY YOU ANY REFERRAL FEES.
2.4 GOOD FAITH
You will not knowingly 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 referral fees with respect to such traffic.
2.5 RESPONSIBILITY FOR YOUR SITE
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not 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.
2.6 AFFILIATION
No affiliation can be made between the HANSA GAMING INTERNATIONAL Online Systems and your site.
2.7 LICENSE TO USE MARKS
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use HANSA GAMING INTERNATIONAL 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 rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
You shall not and shall not authorize, assist or encourage any third party to:
- Target any persons who are less than 18 years of age
- Copy or resemble the site in whole or in part.
- Use materials that may confuse a player
- Use libelous or obscene materials
- Violate the policies of any search engines
- Solicit players to move them to any online site not owned by us
- Register Hansa based domain names or misspellings
- Post Bonus Codes at websites where such posts are against the site rules.
2.8 CONFIDENTIAL INFORMATION
During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of HANSA GAMING INTERNATIONAL and/or the Affiliate Program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.
3. THE FEE SCHEDULE
3.1 THE FEE SCHEDULE
You will earn referral fees based on the Net Win (net customer losses less net customer winnings) of the casino games. You will earn referral fees based on the Net Rake of the Poker room. For the purposes of the calculation of any Fee, the ‘Rake’ is the amount taken by the Poker Service from each Registered Customer’s contribution to the pot in a game of multiplayer poker made through an account opened by such Registered Customer from the Affiliate Website. These will be according to fee schedules to be established by us from time to time. We retain the right to change the fee schedule and method of calculation of fees as we wish.
The Net for all products is calculated after deducting such losses to cover a) monies paid out in the form of mandatory betting duties or taxes, or tax on notional gross profits, or other mandatory statutory deductions or mandatory payments to licensing authorities (b) charges levied by electronic payment or credit card or vetting / fraud scrubbing organizations; (c) returned stakes and void bets; (d) chargeback’s and bad debts; (e) payments due to the supplier of poker and/ or casino games.
The Current fee schedule is as follows:
Earn 30% - 40% commission
|
Poker
|
|
|
Net Rake (USD)
|
% of Net Rake Paid as Commission
|
|
0-5,000
|
30%
|
|
5,001-20,000
|
35%
|
|
20,001and above
|
40%
|
Calculation of Net Win: We do not carry over negative balances. Furthermore, we now separate the poker / casino Games commissions for payment purposes, meaning negative results at one casino games won't affect your positive results at the other.
Please note that the total commission paid will be a combination of the figures from our Poker and Casino Games.
4. FEE PAYMENT
4.1 FEE PAYMENT
We will pay you referral fees on a monthly basis, after the last Sunday of each month, by credit to your account of any fees earned by you in the previous month. Commissions arising from Customer accounts that are held in currencies other than USD will be converted to USD at the Foreign Exchange Rate available for the date of payout. All payments will be due and paid in United States dollars. We do not carry over negative balances. Referral fees will be based upon our good faith calculation based on our statistics.
4.2 AFFILIATE PLAYERS
A player is defined as anyone who has signed up with Hansa, has made a deposit of a minimum of $50 USD (or currency equivalent) and has made a wager within 6 months. Hansa will review all affiliate accounts at the end of each month to determine the commission percentages due to the affiliate for the next month based on the number of active players who have achieved those stipulations over the previous 6 months. Commission percentages will be determined at the beginning of the month, and that commission will be in effect for the entire month.
4.3 CHARGEBACKS AND FRAUD
In the event that any of the players referred by an affiliate charges back their deposit to the company at any time or is caught committing a fraud of any type against the company, the commission that was paid to the affiliate from that player will be debited from future commissions owed to the affiliate. If those chargebacks cause the number of players to drop below the threshold for increased commissions for the months in question, Hansa will debit the future payments to the affiliate to make up the difference between what was paid to the affiliate in increased commissions and what should have been owing if those fraudulent players were removed from the active player list. All other Terms and Conditions on the Hansa website at www.hansagaming.com apply to all players referred by the affiliate.
4.4 DATABASE
All players referred by the affiliate are the property of Hansa. Hansa reserves the right to market by direct mail or email to all players on behalf of the affiliate any company offers at the sole discretion of the company.
4.5 EXISTING CUSTOMERS
Any customers who are currently Hansa customers or who have wagered with Hansa over the past 12 months from the time of signup through an affiliate partner are not eligible as part of the affiliate program and will not be counted towards the affiliates active player count.
5. TERMS AND TERMINATION
5.1 TERM
The term of this Agreement will begin when you complete the signup procedure and 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 all links from your site to ours. All rights and licenses given to you in this Agreement shall immediately terminate. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees with respect to play occurring after the date of termination. If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the accurate calculations are made up until the termination of the Agreement and 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. You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of HANSA GAMING INTERNATIONAL
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.
6. RELATIONSHIP OF PARTIES
6.1 RELATIONSHIP OF PARTIES
HANSA GAMING INTERNATIONAL and any other party under this Affiliate Program are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
7. INDEMNITY
7.1 INDEMNITY
You shall defend, indemnify, and hold HANSA GAMING INTERNATIONAL, their directors, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Affiliate Program.
8. DISCLAIMERS
8.1 DISCLAIMERS
We make no express or implied warranties or representations with respect to the Affiliate Program, HANSA GAMING INTERNATIONAL or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
9. LIMITATION OF LIABILITY
9.1 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 Sharing Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
10. INDEPENDENT INVESTIGATION
10.1 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 AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11. MISCELLANEOUS
11.1 GOVERNING LAW
The laws of the Republic of Mauritius will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in the jurisdiction of the Republic of Mauritius and you irrevocably consent to the jurisdiction of its courts.
11.2 ASSIGN ABILITY AND INURNMENT
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.
11.3 NON-WAIVER
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees or agents may verbally alter, modify or waive any provision of this Agreement.
11.4 REMEDIES
Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
11.5 SEVER ABILITY / 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.
|
