Affiliate Agreement

The following Affiliate Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Grande Vegas Affiliates Program. As used in this Agreement, "we", “us” and “our” means Grande Vegas Affiliates  and "you" means the individual or entity which applied as the "BENEFICIARY" for payment purposes on our online signup form or in our records as provided by you. Your role as an affiliate is to promote the Sites operated and owned by our Clients (see definition for Sites and Clients in section 2).

1. GENERAL INTRODUCTION

1.1 By linking to Grande Vegas Affiliates and its Clients, you agree to be bound by all the terms and conditions as set forth in this agreement. Its operators will automatically become counter-party to this Agreement. We grant you a non-exclusive, non-transferable right and license to advertise market and promote our Clients’ Sites and services, in accordance with the terms and conditions stated in this Agreement.

1.2 We reserve all other rights and licenses not expressly granted to you herein.

1.3 Your participation in the Grande Vegas Affiliate Program is indicated by accessing and utilizing any of the Grande Vegas Affiliates marketing material/s, or accepting of any reward/s, bonus/s or commission/s whether contained in this Agreement or elsewhere on our web site.

1.4 If you do not agree to and accept all the terms and conditions of this agreement, then you must please not link to Grande Vegas Affiliates.

2. GLOSSARY

2.1”Clients/Partners” refers to casinos that have linked themselves to the Grande Vegas Affiliates Program.

2.2 "Player(s)" means a person that enters the Site and opens a new real money user account via your Tracker(s), deposits the minimum required amount and plays on the casino Site. In the case of player eligibility neither you nor your relative (spouse, partner, child or sibling), are permitted to become real new money players. No commission earnings will be relevant if you or your relatives choose to become real new money players.

2.3 "Purchase(s)" Real money deposited into the Players account through any of the available funding methods supplied by Grande Vegas Casino.

2.4 "Site" refers to Grande Vegas Casino and any other Sites related.

2.5 "Banners and Text Links" means any creative work from the marketing image bank or text that will direct players to our Site's homepages at www.grandevegascasino.com through your Tracker(s).

2.6 "Marketing Fees" The amount payable to the Affiliate at the beginning of each calendar month. In order to receive marketing fees for any calendar month, the Affiliate must meet the minimum payout amount required of $100. The payable amount is based solely on the information in our system, which is collected using the unique and reliable Tracking URL for each Affiliate. Any earnings below this minimum amount required ($100) will be rolled over to the following calendar month.

2.7 "Net Revenue" The Net Casino Profits that each Affiliate’s commission percentage is based on. Net Revenue is calculated as follows: Gross net win minus coupons (bonuses) minus other non-cash credits minus Charge backs minus multi-cash adjustments (net progressive contributions).This information is based solely on the calculations generated by the unique Tracker supplied to each Affiliate.

2.8 "Tracker(s)" The unique URL provided exclusively to an Affiliate to identify their site as the referring party of any Player. During the terms of this Agreement, this Tracker is used to calculate customer progress and Affiliate commission earnings.

2.9 "Fraud Traffic" means Purchases 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.

2.10 "Redeem(s)" Any and all funds withdrawn or cashed-out by Players from their account. Additionally, any reversed purchases (including charge backs), credits, coupons or bonuses given to a player means any and all funds withdrawn or cashed-out by Players from their Site account plus any Purchases reversed (or credits given) by us, in our sole discretion, to negate fraud, error, Player non satisfaction or through charge backs.

2.11 "Spam" We do not condone any Affiliate using spam to gain traffic. This includes emails and messages that are sent by you, directly or indirectly, which:

a) Contains misleading or inaccurate statements,
b) Is sent to recipients without his/her prior consent,
c) Does not truthfully identify the source or the originating IP Address; or
d) Does not contain online and real time unsubscribe options.

2.12 “Charge backs” is when a credit cardholder discovers irregular transactions made on his/her Credit/ Debit Card that was not authorized by him/ her. The credit card holder can request his/ her bank to reverse these charges. Charge backs relate to fraudulent use by a third party of the credit card holder’s card or card number.

3. TERMS & CONDITIONS

3.1 Identity and Disclosure
You must provide true, complete, and current information to Grande Vegas Affiliates at all times; including but not limited to, your identity, contact information, payment instructions, nationality, residency, location of Banners and Text Links and any other information that we may request from time to time.

3.2 Player Information
By opening an account at our Site, Players will become our Players, and accordingly, all of our rules, policies and operating procedures will apply to them. We may in our sole discretion refuse to serve (or to close the account(s) of) any Player(s). Further, all data relating to the Players will remain our sole and exclusive property and you acquire no right to such information

3.3 Approved Banners and Text Links
We will provide you with images/banners and text for purposes of linking Players from your website to our home page through your Tracker. These pre approved Banners and Text Links are available at our banner page or from affiliate@grandevegascasino.com The issuing of press release(s) is forbidden with respect to this Agreement or your participation in this marketing program without our prior written consent.

3.4 Good Faith Marketing
You will not knowingly or unknowingly benefit from known or suspected Fraud Traffic. Even if you were not aware of generating the Fraud Traffic, we maintain the right to withhold the amount generated by the Fraud Traffic from your Marketing Fees.

3.5 Commercial Use Only
This Marketing opportunity is for commercial use only, and you may not make purchases, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Marketing Fees payables to you. If you wish to make test transactions to evaluate the system, including Purchases, please contact affiliate@grandevegascasino.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 Purchases or traffic from your Marketing Fees.

3.6 Intellectual Property Rights and License
During the term of this Agreement only, we grant you a terminable, non exclusive, non transferable right to use the Banners and Text Links described in Section 3.3 above SOLELY for connecting Players to us through your Tracker. You may not take any action that may alter our rights in our marks, render the same generic or otherwise weaken the validity and good will of our marks.

3.7 Marketing Activities
You will, at your own cost and expense, establish Banners and Text Links to any of the Grande Vegas Affiliates Client Casinos. We will provide you with the guidelines, graphical artwork and permitted text to use in linking to our home page. To permit accurate tracking, reporting and Marketing Fee accrual, we will provide you with a unique Tracker for your use only. It is your responsibility to test that you have linked up correctly as we are not liable for your failure to link up properly.

3.8 Responsible Marketing
You will be solely responsible for your own websites and for any content or images/materials appearing on them. You represent and warrant that you will not place Banners or Text Links to use on any website that contains any material which is libelous, unlawful or otherwise unsuitable. Unsuitable sites include but are not limited to websites which target persons under 18 years of age, display child pornography, sexually explicit, obscene content  or other illegal acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote illegal activities and/or violate the intellectual property rights of others.

3.9 Indemnification
You will defend, indemnify and hold us and our officers, directors, employees and representative harmless from and against any and all liabilities, losses, damages and costs, resulting from or arising from:

a) Your breach of this Agreement,
b) The performance of your duties and obligations under this Agreement,
c) The unauthorized use of our banners and link or this referral program,
d) Your negligence or
e) Any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of Grande Vegas Affiliates’ banners and link or this referral program.

4. Reports & Payments

4.1 Reports
We will track and report Player activities as necessary to summarize Player activity for purposes of calculating your Marketing Fees. The form, content and frequency of the reports may vary from time to time in our sole discretion. Generally, you will be provided with remote, unique password protected online access to you player’s statistics including the Dollar, Euro and GBP amount of all Deposits, Withdrawals, Charge backs and Credits, per each of your Tracker(s).

4.2 Marketing Fees
You will be paid for your marketing efforts based upon the agreed commission percentage of Net Revenues generated on your Tracker(s) per calendar month.

4.3 Tracking
When a new Player comes to the Site through your Tracker, our system records the Player as yours based on a multi tier tracking system to ensure as close to 100% tracking as possible. The multi tier tracking is based on cookies, IP time stamping and Java side servlets. In pursuit of state of the art systems, we may at any time change how the tracking is done as we in our sole discretion decide from time to time. Once an account is actually opened, then the account is permanently tagged with your Tracker(s) so that all subsequent activity relating to that account will be credited to you via our database until the account is closed or this Agreement is terminated, whichever occurs first.


4.4 Payment Schedule
At Grande Vegas Affiliates payments are received by the 5th working day of every calendar month. This payment consists of the commission earned by you between the first and the last day of the previous calendar month. Payment of commission earnings will be made to your preferred payment method account, chosen when signing up with our program. The payments methods available are subject to change and can be found on our website




4.5 Payment Minimums
Payment is sent to you via your selected payment method, chosen by you from the available payment methods provided by us. Payment will only be made to you should your balance meet the minimum required amount of $100.00. For bank wire payments, the minimum required earning amount is $500 before payment is made. If the Marketing Fees payable to you are less than $100.00/$500.00 in any calendar month, then we may hold those fees until the total amount due is more than $100.00/$500.00 (or if earlier) until this Agreement is terminated.

4.6 Compensation

Commission Structure

Up to $20,000
30%
$20,000 and Up
35%

Commissionable earnings generated for casinos will be calculated together to determine the affiliate share.

Casino
Commissionable Earnings
Affiliate %
Commission
Casino A
$10,000
30%
$3,000
Casino B
-$2,000
30%
-$600
Total Due
$8,000
30%
$2,400

If your account balance is in a negative position (e.g. because total customer winnings have exceeded total customer losses) a zero balance will be carried over until the following month. We also retain the right to change the commission structure and method of calculating fees.
Any Charge backs or credits received from the affiliate’s players will be deducted from the affiliate’s next commission payment. If you have more than one Tracker, then the above payments will be determined on the sum total of your Trackers combined. Should the deduction of the Charge back amount exceed your current amount due, your balance will then revert to a negative balance, and you will have to work your way back to zero before you can start earning revenue again.

We retain the right to pass on any financial costs to your account that we may incur due to fraudulent activity auctioned by players that you get to sign up at the casino.

Unlike with a player making a big win, which only lasts one month (No Negative Carryover), a Chargeback will stay due until the revenue generated by your other players has covered the amount due. We understand that this might be frustrating to the Affiliates, but it has to be made clear our Clients can only pay out a percentage of their profits, not fraudulent revenue.
Reminder: No affiliate can earn commission from his/her play or that of their immediate family.

5. LIABILITIES


5.1 Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program, Grande Vegas Affiliates, or  referral fee payment arrangements (including without limitation warranties of fitness, merchantability, 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 the Sites will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.

5.2 Liability Limitations
Our obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders. Any liability arising under this Agreement will be satisfied solely from the revenues generated and any liability is limited to direct damages.
We will not be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss).

5.3 Billing and Collection Limitations
We may in our sole discretion, with or without notice, use any available means to block or restrict certain Players or Purchases so as to reduce the number of fraudulent, unprofitable purchases or for any reason whatsoever, including but not limited to daily or monthly purchase limits, address verification or negative and positive credit card databases. We do not guarantee or warrant the success of such fraud prevention efforts.

6. TERM AND TERMINATION

6.1 The Term and Termination of this Agreement will take effect when you activate a link to our Site and will be continuous unless and until either party notifies the other party, in writing, that it wishes to terminate the Agreement, in which case, the Agreement will terminate immediately. Termination is at will by either party.

6.2 Should You not refer a minimum of 1 (one) New Real Purchasing Customer for a consecutive 3 month period, the Affiliates ‘Player Referral Commission’ will revert back to a commission percentage of 10%. The Affiliates account will not be terminated under these circumstances and the Affiliate will continue to be paid a commission, albeit at a lower rate, for the Life Time of such players.

6.3 Upon the effective date of termination:

a) All rights and licenses given to you under this Agreement will terminate immediately.
b) You must remove all Clients’ banner(s) from your site and disable any links to our Site and Client’s site and/or we may disable any or all of your Trackers.
c) You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
d) You will return all confidential information and cease all uses of any of our trade names, trademarks, service marks, logos, banners and other designations of ours.
e) If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
f) The continuation of play after termination by customers referred to our clients by you will not constitute a continuation or renewal of this Agreement or a waiver of termination.
g) You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement.
h) Termination will not relieve you from liabilities arising from any breach of this Affiliate Agreement that occurred before termination.


6.4 Suspension of Trackers
In the event you breach any provision of this Agreement and/or we receive a complaint against a particular Tracker, we may in our sole discretion, disable that particular Tracker, with or without notice, temporarily or permanently. In such cases, it is our sole option to suspend or disable your links on a Tracker by Tracker basis rather than completely terminating this Agreement. The fact that we chose to leave some Trackers open does not entitle you to have all Tracker(s) operational or reactivated, nor does it entitle you to compensation for the disabled Trackers.

7. INDEPENDENT INVESTIGATION


7.1 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MARKETING OUR SITE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

7.2 YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY), ENTER INTO MARKETING TERMS WITH OTHER WEBSITES OR MARKETERS ON THE SAME OR DIFFERENT TERMS AS THOSE PROVIDED TO YOU HEREIN AND THAT SUCH OTHER WEBSITES OR MARKETERS MAY BE SIMILAR AND EVEN COMPETE WITH YOU. YOU UNDERSTAND THAT WE MAY RE DIRECT TRAFFIC AND USERS FROM OUR SITE TO ANY OTHER WEBSITE THAT WE DEEM APPROPRIATE IN OUR SOLE DISCRETION, WITHOUT ANY ADDITIONAL COMPENSATION TO YOU

7.3 YOU UNDERSTAND THAT ONLINE GAMBLING LAWS MAY VARY FROM COUNTRY TO COUNTRY AND STATE TO STATE. YOU HAVE INDENDENTLY EVALUATED THE LAWS IN YOUR LOCALE WHICH APPLY TO YOUR ACTIVITIES AND BELIEVE THAT YOU MAY PARTICIPATE IN OUR MARKETING AFFILIATE PROGRAM WITHOUT VIOLATING ANY LAWS APPLICABLE TO ONLINE GAMBLING.

8. MISCELLANEOUS

8.1 Relationship of Parties
You and Grande Vegas Affiliates are independent contractors and there is no relationship of exclusivity, partnership, joint venture, employment or franchise between you or us under this Agreement. Neither party has the right to bind the other or to incur any obligation on the other's behalf, except as expressly provided herein. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.

8.2 Assignment
This Agreement and the rights and obligations hereunder may not be assigned by you without our express written consent.

8.3 Sever ability/Waiver
Whenever possible, each provision of this Agreement will 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

8.4 Entire Agreement
This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes and preempts any prior understandings or agreements between the parties, written or oral, which may be related to the subject matter hereof. The headings in this Agreement are for convenience only and will have no effect on the construction of this Agreement.

8.5 Modification
We may modify any of the terms of this Agreement at any time at our sole discretion, by emailing you a change notice or by posting the new Agreement on our Affiliate Program Site. Modifications may include, but are not limited to, changes in the scope of available Marketing Fees, commission structure percentages, payment schedules and any marketing rules. If any modification is unacceptable to you, your sole recourse is to terminate this agreement and your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our Affiliate Site will be deemed binding acceptance of the modification or change.

9. PLAYER QUARANTINE POLICY

a) If the player generates a negative net win in any given month and such a negative net is at least $3000 and the aggregate net win in that particular month for the affiliate is greater than -$2000,
then the high-roller policy will apply in full effect.
b) If both measures are met (clause 1), then the negative net win generated by the player (high-roller) will be taken forth and compensated against future net win generated by the same player.
c) The negative balance carried forward cannot be set-off against other players’ net win.
d) The negative balance carried forward cannot exceed the sum of the aggregate net win for the affiliate, for that particular month.  
e) If there is more than one (1) high-roller then the negative balance carried forth will be split proportionately among the players.
f) Any negative balances belonging to high-rollers will be reduced by future positive net wins that they generate in follow-up months (clause 1)

IN WITNESS WHEREOF
, you expressly agree to the terms and conditions of this Agreement by completing the registration process, downloading banners and activating your Tracker to our Site.



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