Terms and Conditions

Whereas:

Definitions:

In these Terms and Conditions the following words and expressions shall have the following meanings:

  1. "Affiliate/You/Your" means a member of 100% Affiliates, whether a natural or juristic person, having registered and having been accepted by Us as an affiliate in accordance with this Agreement. "Affiliate" shall mean You, a natural or juristic person who has registered and is accepted by Us as an Affiliate at 100% Affiliates.
  2. "Us, We, Our" means 100% Affiliates, the exclusive Affiliate Programme provider to Sunset Slots Online Casino, Kings Chance and any other Merchants that may be added as clients in the future about which more information can be obtained from the Website.
  3. "Affiliate Program /100% Affiliates" shall mean the affiliate program operated by Us and explained in further detail in this agreement.
  4. "Agreement" means these Terms and Conditions and includes all changes, additions, annexes and/or schedules hyperlinked within these Terms and Conditions, and also includes any subsequent versions hereof. It is Your responsibility to check for any changes/additions which might occur without any prior notice.
  5. "Commission" means the revenue earned as set out in the Commission Schedule.
  6. "Confidential Information" shall mean any information of whatever nature which is not in the public domain, which has been or may be obtained by the Affiliate from Us, relating to Our information in writing or in electronic form or pursuant to discussions between Us, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas; analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition and includes any dispute between the Affiliate and Us resulting from this Agreement.
  7. "Customer/ Player" shall mean a person or entity that the Affiliate directs in any manner to Us, who can be linked to the Affiliate's Tracker and who opens a Real Money account with Us. By opening an account with Us, that person or entity will become Our Customer and all of Our rules, policies, and operating procedures will apply to them.
  8. "Dormant" means acquiring no new active players for a period of three months.
  9. "Inactive" means earning no commission income and/or earning commission levels below a certain threshold for a period of three months. We may advise You by way of e-mail and/or any written form of correspondence when Your account has been labelled "inactive".
  10. "Delinquent activity" means activities which in Our sole opinion is deliberately practiced by an Affiliate in order to secure a real or potentially unfair or unlawful gain.
  11. "Derivative Domain Name" shall mean any domain name which is not a Prohibited domain name, and which incorporates in whole, or in part, any of the Trade Marks.
  12. "Derivative Website" shall mean a Website established by the Affiliate which incorporates in whole, or in part, any of the Intellectual Property.
  13. "Fraudulent Activity" shall mean a deception which in Our sole opinion is deliberately practiced by a Customer or an Affiliate in order to secure a real or potentially unfair or unlawful gain.
  14. "Intellectual Property" shall mean all intellectual property rights including copyright, trademark and industrial design rights that are the rightful property of 100% Affiliates.
  15. "Copyright", for purposes of this agreement, shall be limited to the existing and future copyright in the trade mark devices, logos, getup, trade dress, Websites, Marketing Materials and/or trading styles relating to, or incorporated in, Our Websites.
  16. "IP Documentation" shall mean the written document(s) published by Us from time to time on Our site containing a non-exhaustive directory of the Intellectual Property and detailed instructions and guidelines pertaining to the appropriate use and application of the Intellectual Property.
  17. "License" shall mean a non-transferable and non-exclusive right granted to the Affiliate by Us to use the Intellectual Property only as is strictly necessary to adequately and effectively direct Customers to Our Website(s), in accordance with the Terms and Conditions of this Agreement.
  18. "Marketing Materials" shall mean various forms of branded, creative material including, but not limited to, online banners, html and text mailers, promotional material and other online and offline marketing materials which We may provide the Affiliate.
  19. "Casino Gross Revenue" shall mean the sum total of all of a New Real Player's bets while playing at the casino, less the winnings of the Real New Player, less any credits, bonus or promotional amounts given to the Real New Player, less any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to a Real New Player by The Company to settle a claim involving the allegation of credit card or other abuse or fraud) or any uncollectable revenue attributable to Real New Player.
  20. Negative commission balances are not carried forward. If You end the month on a negative it will be reset to zero from the beginning of the next month, unless the negative balance is as a result of a chargeback. In some instances, unrecovered chargebacks may be loaded as negative adjustments to earnings.
  21. "Our Websites" are Websites situated at, but not limited to, the following URLs:
  22. "Our Products"/"Online Gambling Operators"/"Merchants" shall include, but are not limited to, Sunset Slots Casino, Kings Chance, and any other online gaming properties that We add in the future.
  23. "Notice" shall mean a written document.
  24. "Parties" shall mean You and Us.
  25. "Prohibited Domain Name" shall mean a domain name irrespective of territory or Top Level Domain (TLD), which is identical or confusingly similar to The Company's, and which the Affiliate is prohibited from registering, acquiring and/or using in any manner or form whatsoever.
  26. "The Company" shall mean 100% Affiliates.
  27. "Second-Tier Affiliate" shall mean a person or entity that the Affiliate directs in any manner to Us and is confirmed in writing and who can be linked to Your Affiliate ID, and becomes an Affiliate of 100% Affiliates.
  28. "Spam" means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet Website operated for a commercial purpose) which is intentionally transmitted to multiple commercial electronic mail messages from or through a computer and which is warranted by receiver in any way. 100% Affiliates does not condone spam in any way. Spam includes, but is not limited to, the following:
    • Emails and messages sent without the recipient's prior consent
    • Emails and messages containing false information
    • Emails and messages that do not contain an unsubscribe or remove button
    • Emails and messages that do not truthfully identify the source or the originating IP Address
  29. "Agreement" shall mean this affiliate agreement, including the online application form, these Terms and Conditions and all appendices and annexes incorporated therein by reference, including all future updates and additions thereto.
  30. "Trade Marks" for purposes of this agreement shall be limited to mean the trade mark applications and registrations listed in the IP Documentation, including equivalent and/or similar applications and registrations in all other countries, the goodwill and/or reputation which attaches to all the aforementioned, as Well as the goodwill and/or reputation in the getup, trade dress and/or trading style which relate to or are associated with the registered and/or unregistered trademarks.
  31. "Written" or "Writing" shall include e-mail and any other correspondence.
  32. "Term" shall be the term of this Agreement, commencing on the activation of the Affiliate's account (commencement date) and remaining in full force and effect until the Affiliate's account is terminated in accordance with this Agreement (termination date).
  33. "Tracker(s)" refers to the exclusive URL given to an Affiliate to identify their site as the referral site of a new player. This tracker is used to track the affiliate's earnings as Well as the player's progress.
  34. "Purchase(s)" refers to Real Money deposits made by players through any of the safe and convenient banking options available.
  35. "Redeem(s)" refers to any and all funds withdrawn or cashed-out by Players from their account. It also refers to coupons, bonuses, or casino credits.
  36. "Marketing Fees/Commission" – This is the amount payable to an affiliate at the end of every calendar month if the affiliate has met the minimum payout amount. This amount is determined by the information collected by the affiliate's unique tracker.
  37. "Fraud Traffic" refers to purchases or traffic generated illegally or in 'bad faith' to intentionally defraud 100% Affiliates. This includes spam, any false advertising, misinformation or unauthorized use of registered and trademarked marketing materials.
  38. "Lead" refers to a person who accesses the site through a link and opens a New User account.
  39. "Real Money Player/Qualifying Player" refers to a lead that makes a minimum deposit and plays at the casino. Neither an affiliate nor any relative (spouse, life partner, parent, child, sibling) is eligible to open a Real Money account at the casino.

    Terms of Use of this Agreement

  40. An Affiliate must successfully comply with the provisions supplied in these Terms and Conditions and be accepted by Us prior to this Agreement coming into force and effect. The Affiliate's application to become an Affiliate with 100% Affiliates confirms the Affiliate's acceptance of the terms of this Agreement.
  41. Any and all services, information, materials, facilities provided by 100% Affiliates remain the property of 100% Affiliates at all times.
  42. We may, at any time and in Our sole discretion, block or restrict certain players if fraudulent activities are suspected.
  43. Under this Agreement, the obligations of 100% Affiliates do not constitute the personal obligations of any employees. Any liabilities which might arise under this Agreement will be settled only from any revenue generated and collected.

    Appointment as an Affiliate

  44. The Affiliate's application information and domain names supplied will be compared to the domain name registration information in a WHOIS database.
  45. 100% Affiliates shall evaluate the Affiliate's application on submission thereof. Upon request from 100% Affiliates, You will provide Us with the following information which includes, but is not limited to:
    • A list of Derivative Domain Names
    • Information on how these domain names are being used
    • Information on the quality of a Derivative Website, including, but not limited to information about the Website's content, and design
    • Information about Your area of focus, including, but not limited to online casinos initiatives
    • Your preferred marketing methods
    • Your target market
  46. After submitting the information required above, the Affiliate will be required to confirm the information provided on registration as Well as any additional information provided.
  47. The Affiliate will provide proof of identification including, where possible, a government-issued identification number.
  48. The Affiliate must also provide Us with his/her banking details for the payment of Commission.
  49. After having complied with the aforegoing, You will be notified in a timely manner of Our decisions regarding Your application. The Affiliate acknowledges and agrees that the acceptance of his/her application depends in part on its compliance with the provisions of this Clause. The acceptance or rejection of any application made by an Affiliate is at Our sole discretion.
  50. Should We accept the Affiliate's application, the Affiliate will be granted a license in accordance with Clause 4 of this Agreement.
  51. The Affiliate hereby consents to Us independently verifying any information provided to it by You pursuant hereto and any other information provided to Us by the You from time to time pursuant to a specific request by Us for such information.

    Sub Affiliates

  52. When a current affiliate refers another person who in turn also becomes an affiliate with us, this is called a 2-Tier Affiliate Model. Referring affiliates receive 5% of the Net Profit of all referred affiliates.
  53. You are not allowed to:
    • Refer other existing affiliates, themselves or family members
    • Offer any extra incentives in order to secure a new affiliate
    • Sign up with any outside party or otherwise act in bad faith against 100% Affiliates

    Grant and Nature of License

  54. Upon activation of the Affiliate's account, and subject to this Agreement, particularly clause 5 hereunder, 100% Affiliates hereby grants to the Affiliate the License for the specified Term. For the sake of clarity, the Affiliate's use of the License is limited to:
    • Acquiring and using a Derivative Domain Name(s)
    • Establishing, hosting, publishing and marketing Derivative Website/s
    • Acquiring and using the Marketing Material for the exclusive benefit of 100% Affiliates
    • The Affiliate shall not have the right to sub-license the Intellectual Property in any way whatsoever, either in whole or in part to any third party
    • Any right not specifically granted in this Agreement is specifically reserved for the exclusive use of 100% Affiliates

    Use of Intellectual Property and Marketing Material

  55. Prohibited Domain Names:
  56. The Affiliate may not register a Prohibited Domain Name.
  57. Should an Affiliate register a Prohibited Domain Name, and without prejudice to any legal remedy or right that 100% Affiliates may have at law, We shall be entitled to terminate this Agreement with immediate effect and claim transfer of the Prohibited Domain Name to the 100% Affiliates.
  58. A decision as to whether or not a particular domain name is a Prohibited Domain Name is left to the sole discretion of 100% Affiliates. Our decision in this regard will be final and binding on the Affiliate.

    59. Derivative Domain Names:

  59. The Affiliate may register and use one or more Derivative Domain Names.
  60. The Affiliate will furnish Us with a written, accurate and complete list of Derivative Domain Names that the Affiliate has or intends to register, acquire or use. Any new additions or amendments to the Affiliate's list of Derivative Domain Names will be communicated to Us as soon as reasonably possible.
  61. The Affiliate recognizes and accepts that Derivative Domain Names will at all times remain the beneficial 'property' of 100% Affiliates and in this regard agrees to hold the Derivative Domain Name in Trust on behalf of 100% Affiliates for the Term. On expiry of the Term, the Affiliate will transfer, or cause to be transferred, all Derivative Domain Names to Us, or an entity duly nominated by 100% Affiliates in writing, without delay.
  62. You hereby undertake to sign and/or complete any and all documentsor procedures, and do all things necessary to facilitate the speedy andproper transfer of all Derivative Domain Names to 100% Affiliates, or anentity duly nominated by Us in writing.
  63. All rights or advantages, and without limitation goodwill, that mayarise due to the use of the Derivative Domain Name will accrue for thesole benefit of 100% Affiliates.
  64. Should the Affiliate no longer require a particular DerivativeDomain Name, the Affiliate will, in a timely manner prior to the URLexpiring, inform 100% Affiliates of its intention not to pay the renewalfee, and will if requested to do so by Us, provide all necessaryassistance to transfer the Derivative Domain Name to Us, or an entity dulynominated by Us in writing, without delay.
  65. Without exception, a Derivative Domain Name may only be used forthe following purposes:
  66. 100% Affiliates reserves the right, in their sole discretion, to terminatethis Agreement with immediate effect and claim transfer of the DerivativeDomain Name to Us if the Affiliate, its agent or nominee does not strictlyadhere to any/all the provisions.
  67. A decision as to whether or not a Derivative Domain Name is a ProhibitedDomain Name is left to the sole discretion of 100% Affiliates. Our decisionin this regard will be final and binding on the Affiliate.

    68. Derivative Domain Names

  68. If the Affiliate elects to establish and promote a DerivativeWebsite, the Affiliate will ensure that the Derivative Website complies inall aspects with the guidelines published in the IP Documentation as maybe updated from time-to-time. Without limiting the general nature of thisresponsibility, the Affiliate will ensure that the Intellectual Propertywill accurately reflect any and all amendments, enhancements and additionsas outlined in the IP documentation or as officially applied to ourrespective Website.
  69. Regarding the establishment, operation and maintenance of theDerivative Website, the Affiliate will be solely responsible for:
  70. A decision as to whether or not the Affiliate is complying with itsresponsibilities in terms of this clause is left to the sole discretion of100% Affiliates. 100% Affiliates' decision, in this regard, will be finaland binding on the Affiliate and if necessary, the Affiliate will take allnecessary action prescribed by 100% Affiliates or its designated agent toremedy the situation, failing which 100% Affiliates shall be entitled toterminate the Agreement with immediate effect.
  71. The Affiliate undertakes to use its best endeavours to ensure thatthe reputation, goodwill and proprietary rights that vest in theIntellectual Property are protected, maintained and wherever possible,enhanced for the ultimate benefit of 100% Affiliates.

    72. Marketing Material

  72. Upon activation of the Affiliate's account, the Affiliate shall beprovided access to the Intellectual Property and the Marketing Materialvia the 100% Affiliates' Website, newsletters and account relationshipmanagers.
  73. Procure and utilize new and updated Intellectual Property and orMarketing Material forthwith after it is made available to the Affiliateby Us.
  74. The Affiliate shall, when using the Intellectual Property andMarketing Material, cause them to be reproduced and applied exactly andaccurately and shall use them in accordance with the specifications anddirections laid down by Us from time to time (whether in the IPDocumentation or otherwise).
  75. A decision as to whether or not the Affiliate is complying with itsresponsibilities is left to the sole discretion of 100% Affiliates. Ourdecision in this regard will be final and binding on the Affiliate, and ifnecessary the Affiliate will take all necessary action prescribed by Us orits designated agent to remedy the situation, failing which We shall beentitled to terminate the Agreement with immediate effect.
  76. The Affiliate may design its own Marketing Material for the solepurpose of directing Customers to 100% Affiliates' Websites, subject to thefollowing terms and conditions:
  77. The Affiliate will strictly adhere to the instructions andguidelines as set out in the IP Documentation pertaining to the use andapplication of the Intellectual Property. If the use and/or application ofany of the Intellectual Property is not specifically dealt with in the IPDocumentation, then prior to the Intellectual Property being used, theAffiliate shall first obtain 100% Affiliates' prior Written approval orinstructions on how to proceed.
  78. The Affiliate will furnish 100% Affiliates, upon written request,with such information and reports, including but not limited to samples ofany marketing material, as may be required by Us in connection with theAffiliate's use of the Intellectual Property.
  79. Any proposed changes to the Intellectual Property or MarketingMaterial that the Affiliate may wish to make (and then only in terms ofthe guidelines laid down in the IP Manuals) shall be submitted to 100% Affiliatesfor prior written approval prior to the use or publication thereof.

    80. 100% Affiliates' Obligations

  80. The Casinos will register Customers and 100% Affiliates will tracktheir purchases and their play where appropriate. Sunset Slots, KingsChance have the right to refuse Customers (or to close their accounts) ifnecessary, to comply with any requirements that they may periodicallyestablish.
  81. 100% Affiliates will provide the Affiliate with such MarketingMaterial as is strictly necessary to market and promote 100% Affiliates'Websites and Products.
  82. 100% Affiliates will track Customers' purchases and, in respect ofcertain of 100% Affiliates' Brands, Customers' wins and losses and willprovide reports summarizing their activity. Notwithstanding this, theform, content and frequency of the reports may, at Our discretion, varyfrom time to time. We will provide the Affiliate with remote online accessto reports of Customer activity and the commission generated. To gainaccess the Affiliate will need to use the Affiliate's Affiliate Number andPassword as provided to the Affiliate by Us.
  83. 100% Affiliates will facilitate payment of Commission from Us to Youbased on income earned from purchases and play from the Affiliate'sCustomers after they open an account with one or more of 100% Affiliatesgambling operator sites.
  84. Payment shall only be made to the Affiliate once 100% Affiliates hasreceived payment itself. 100% Affiliates reserves the right to changepayment terms at any time and for any reason as set out in the commissionschedule.
  85. After being accepted as an affiliate, marketing materials includingbanner(s), button and text links which will link to the site will be madeavailable to You for the purposes of marketing, advertising and promotingthe site(s) on Your sites/domains within the parameters of the Terms andConditions. None of the marketing materials may be edited or altered inany way unless prior written consent is received from 100% Affiliates.
  86. 100% Affiliates will make marketing material, including but notlimited to banners, links, text links, etc. available to acceptedaffiliates who may use them on their sites/domains.
  87. 100% Affiliates does not allow anyone under the age of 21 toregister as an account holder or play on the sites.
  88. 100% Affiliates shall pay all commissions due within approximately15 business days after the end of every month. All commission paymentsshall be made directly to the affiliate via Your preferred payment method.We cannot be held liable for any delay the affiliate experiences inreceiving payment due to the affiliate providing inaccurate details.
  89. 100% Affiliates reserves the right to subtract from Your commissionsany fees resulting from correcting errors due to the affiliate not providingcorrect payment/banking information.
  90. Thecommission payment will only be made when the amount paid is equal to, or morethan the minimum of $100 for e-wallets and $300 for wire transfers. If theamount payable is less than previously mentioned, it will be held over untilthe next date of payment, or until the payment exceeds the minimum. Negativeamounts will not be carried over.
  91. If an affiliate has more than one tracker, the combined amount ofYour trackers will constitute the amount payable.
  92. 100% Affiliates reserves the right to investigate all commissionearned for possible fraudulent behaviour on the part of the Real Moneyplayer or the affiliate.
  93. All commission earned during the time it takes to investigate, allcommission accumulated during this period will be held. This period shallnot last for more than 180 days. Any instances of fraudulent activitiesfound will constitutes as a breach of this agreement and 100% Affiliatesreserves the full right and authority to immediately terminate this agreementbetween themselves and the offending affiliate. All commission accruedduring the investigation period will be rendered null and void iffraudulent behaviour is identified either on the part of the Real Moneyplayer or the affiliate. The Affiliate programme reserves the right todeduct from future payable commissions any amounts received by theaffiliate in the past which have been generated through fraudulentactivity.
  94. 100% Affiliates will provide a monthly statement if and whenrequested by an affiliate.
  95. Any and all information provided by 100% Affiliates to an affiliatewill be considered confidential and will remain confidential after thiscontract is terminated for whatever reason. This information may not beused for personal or commercial use or shared with any unauthorised thirdparties. Confidential information incudes, but is not limited to:

    96. Affiliate Obligations

  96. The information the Affiliate provides 100% Affiliates onregistration is complete, valid and true and accurate.
  97. All affiliates must provide the following complete, accurate andup-to-date information, including but not limited to: Identity,Nationality, Residency, Contact Details, location of any marketingmaterials.
  98. In the event the Affiliate is a juristic person, the personsubmitting the application has the full right, poWer and authority toenter into this Agreement on behalf of such entity. In the event theAffiliate is a natural person, such person must be at least 18 years ofage and has the full right, poWer and authority to enter into thisAgreement.
  99. The affiliate shall do his/her best in marketing and advertisingthe sites associated with 100% Affiliates to boost traffic to the site andmaximize all parties' interests. The affiliate agrees to market, advertiseand promote the site in a manner that is consistent with the overall styleand presence of the site.
  100. Affiliates are not permitted to make purchases at the casino through their personal tracker as this is considered fraudulent behaviour. Test purchases are permitted with the prior consent from the site and can be conducted with the assistance of the site. Please contact brett@100affiliates.com and We will refund any test purchases made. Any other purchases not cleared with the site will be deemed fraudulent.
  101. The execution of this Agreement by such person, and the performanceby the Affiliate of the Affiliate's obligations and duties hereunder, donot and will not violate any agreement to which the Affiliate is a partyof or by which the Affiliate is otherwise bound.
  102. The Affiliate hereby accepts the appointment as 100% Affiliates'Affiliate. The Affiliate acknowledges that this Agreement does not grantthe Affiliate an exclusive right or privilege to assist 100% Affiliates inthe provision of services arising from the Affiliate's referrals. TheAffiliate shall have no claims to Commission or other compensation onbusiness secured by or through persons or entities other than theAffiliate.
  103. The Affiliate will not knowingly benefit from known or suspectedtraffic not generated in good faith, whether or not it actually causesdamage to 100% Affiliates. 100% Affiliates reserves the right to terminatethis Agreement immediately should such activity arise through a persondirected to 100% Affiliates or 100% Affiliates' Websites via the Affiliate'slink and to withhold the Commissions payable to the Affiliate at any timeirrespective of whether such mentioned traffic was directed from theAffiliate's link with or without the Affiliate's knowledge.
  104. In the giving of effect to this Agreement the Affiliate may not,either directly or indirectly, be a party to the generation, processing,dissemination or the like of Spam.
  105. Any form of Spam will result in the Affiliate's account beingplaced under review and all funds due to the Affiliate withheld, pendingan investigation. If 100% Affiliates incurs expenses and/or damages indealing with Spam generated mail or being blocked by third party InternetService Providers, these same expenses and/or damages will be deductedfrom the Affiliate's account. If this occurs, the amount of such expensesand/or damages as determined by 100% Affiliates will be deemed fair andfinal and acceptable to the Affiliate. Should these expenses and/ordamages not be covered by funds in the Affiliate's account, 100% Affiliateshas the right to investigate other alternative means for obtainingpayment, for example: should the Affiliate's account have generatedpurchasing accounts 100% Affiliates will hold payment of commission forthese accounts until such a time as the account for expenses and/ordamages has been cleared. Should the Affiliate's account not be active norbe generating profit through commission payments 100% Affiliates shall havethe right to demand and obtain payment from the Affiliate.
  106. Should the Affiliate require more information regarding 100% Affiliates' Spam policy, please contact brett@100affiliates.com. Should the Affiliate wish to report any incidences of Spam, please contact 100% Affiliates at brett@100affiliates.com.
  107. As an Affiliate, You will be responsible for promoting one or moreof Our Merchants by implementing the marketing material and the uniquetracking URL's (as provided by Us and designed to identify all Playertraffic generated by You as having been directed to Us by You) on YourWebsites, in Your e-mails and in all other communications with Customers/Players.
  108. The objective of promoting the Online Gambling Operators, asdescribed above, shall be to direct Players to the Online GamblingOperators, with Your special URL as the hyperlink thereto. By taggingPlayers in such a manner You will be 'claiming such Players as Your own.
  109. It is wholly Your responsibility to ensure that all referredPlayers are properly tagged. If Your tag is improperly inserted into anymarketing material or not properly received by the Merchant servers, theresulting Player registration and purchases will not be assigned to You.Merchants reserve the right to refuse Players (or to close their accounts)if necessary to comply with any requirements they may establish from timeto time. In the event that any Players' account/s are suspended or closedby the Merchant and subsequently reactivated at a later stage, suchPlayer/s will be reassigned to You and You will be entitled to earncommission in accordance with the then prevailing Commissions applicableto Your account.
    For the purposes of this Agreement, 'advantage' play and 'incentivised'Player traffic will not be included in determining any Commissions due toYou. If You have any questions as to what constitutes 'advantage' or'incentivised' play, You are urged to contact Your relationship manager.
  110. Any non-cash incentives or expenses involved in retaining Playersmay be deducted in our sole discretion from Your Commission. Examples ofnon-cash incentives may include, but not be limited to, gifts, travel andother expenses involving VIP hosts and the likes.
  111. The Casinos each have their own country restrictions. Please contact brett@100affiliates.com for more information.
  112. Affiliates will indemnify all employees of the site from any andall losses and/or damages resulting from a breach of this agreement. The affiliatealso indemnifies Us and all other involved parties from all claims andliabilities including any legal fees which might occur from the following:
  113. Affiliates may not issue any unauthorised press releases with regardsto the site without prior consent.
  114. Affiliates will not benefit from fraudulent traffic. We reserve theright to withhold any funds generated from fraudulent traffic.
  115. Affiliates are responsible for their sites/domains and all mediaappearing on their sites/domains. Affiliates will not advertise anymarketing materials which link back to us on sites/domains which containcontent which includes, but is not limited to: Sexually explicit content,graphic violence, content which explicitly targets minors, content thatpromotes discrimination of any kind, content of an illegal, harmful orlibellous nature.
  116. The affiliate is only allowed to have one affiliate membershipaccount with each casino represented by 100% Affiliates. This account maybe used with as many Websites/domains as the affiliate owns. 100% Affiliatesreserves the right to allow multiple accounts per affiliate at their owndiscretion.
  117. All Real Money Account players at The Casinos are consideredclients of 100% Affiliates only and any contact with them can only be donewith written consent from 100% Affiliates.
  118. The affiliate guarantees and confirms that he/she has all therequired documents such as licences, business permits and also permissionsand will at all times comply with all the applicable rules/laws/regulationswich govern this agreement with 100% Affiliates.
  119. The affiliate agrees to advertise, market and promote the site in away that does not violate any laws and is not harmful to the site in anyway. The affiliate agrees to market, advertise and promote the site in amanner that is consistent with the overall style and presence of the site.Affiliates will be able to review and assess the marketing materials madeavailable to them as Well as the overall style of advertising that isdesired by the site.

    120. Confidential Information

  120. Except as otherwise provided in this Agreement or with the consentof any other parties hereto, all parties agree that all information,including, but not limited to, the terms of this Agreement, business information and technology concerning 100% Affiliates or the Affiliate,respectively, or any of 100% Affiliates' Affiliates provided by or onbehalf of any of them shall remain strictly confidential and secret andshall not be utilized, directly or indirectly, by such party for its ownbusiness purposes or for any other purpose except and solely to the extentthat any such information is generally known or available to the publicthrough a source or sources other than such party hereto or itsAffiliates.
  121. During the term of this Agreement, the Affiliate may be entrusted with Confidential Information relating to the business, operations, orunderlying technology of 100% Affiliates (including, for example,Commission earned by the Affiliate under 100% Affiliates). The Affiliateagrees to neither disclose nor allow unauthorized use of the ConfidentialInformation by third persons or outside parties unless the Affiliate has 100% Affiliates'prior written consent and that the Affiliate will use the ConfidentialInformation only for the purposes necessary to further the purposes ofthis Agreement. The Affiliate's obligations with respect to ConfidentialInformation shall survive the termination of this Agreement. An Affiliatemay not be a party (whether directly or indirectly) to any FraudulentActivity.
  122. Within 3 (THREE) months after the termination of this Agreement,for whatever reason, the recipient of Confidential Information shallreturn same or at the discretion of the original owner thereof, destroysuch Confidential Information, and shall not retain copies, samples orexcerpts thereof.

    123. Data Protection

  123. The Affiliate shall comply with any relevant data protection lawsin the jurisdiction in which the Affiliate is domiciled and anyjurisdictions in which the Affiliate operates.

    124. Money Laundering

  124. The Affiliate may not directly or indirectly benefit from, or be aparty to, any money laundering or related illegal activities.
  125. It is acknowledged that some jurisdictions in which 100% Affiliatesoperates have strict laws on money laundering that may impose anobligation upon Us to report the Affiliate to the federal or localauthorities within such jurisdictions if We know, suspect or have reasonto suspect that any transactions in which the Affiliate is directly orindirectly involved, amongst other things, involves funds derived fromillegal activities or are intended to conceal funds derived from illegalactivities or involve the use of 100% Affiliates to facilitate criminalactivity.
  126. If 100% Affiliates has any knowledge or suspicion envisaged above itmay:

    127. Fraud

  127. The term "Fraud" in reference to affiliate collusion isan attempt by an affiliate or group of affiliates to create fraudulent incomewith a coordinated effort. Collusion shall include, but is not limited to:
  128. Rake-back schemes: Should You choose to offer so-called"rake-back schemes" or similar promotions which offer or allow aproportion of the players' rake to be returned to the player in any form,You will be banned from sending traffic to the Casinos unless otherwiseauthorised in writing by the Casinos. The Casinos shall have the right todeduct funds from any amount due to You as compensation for traffic deemedto have been referred through fraudulent means and Your account will befroze.
  129. Bonus code abuse: Bonus code abuse is strictly monitored and in theevent that You use an unauthorised bonus code or promotional landing pagewhich was not provided to You, expressly to use either directly in personor via the public affiliate creative library, You will be immediatelydismissed from the Program and all commissions earned will be forfeited.

    130. Commission

    Restrictions

  130. The Affiliate is restricted to one Affiliate account only.
  131. The Affiliate shall not earn Commission on the Net Win of anySecond-tier Affiliate if, in the case where the Affiliate is a juristicentity, the Second-tier Affiliate is the Affiliate's employee, director,shareholder or agent or, in the case where the Affiliate is a naturalperson, the Second-tier Affiliate is the Affiliate's employee, agent orimmediate family member.
  132. The Affiliate shall not earn Commission on the Net Win on theAffiliate's own Customer Account nor on the Customer Account/s of theAffiliate's employees or immediate family members.
  133. If the Affiliate or the Affiliate's employees sign up as a Customerat one of 100% Affiliates' Websites, We shall have the right to terminatethis Agreement.
  134. Please see the Commission Schedule which sets out the choice,selection, calculation and certain payment aspects of Commission, whichCommission Schedule is specifically incorporated herein by reference.
  135. As Of the 1st of April 2016 Affiliates commissions will be calculated as follows ( Deposits – Withdrawals – Fraud = Profit x Rev Share % = Commission ) , This change is taking place on the 1st of April 2016 but will only reflect on the 31st of April when the payment calculation has run.
  136. 100% Affiliates has and reserves the right to pass on any financialcosts to the Affiliate's account that We may incur due to FraudulentActivity by the Affiliate, the Affiliate's employees and/orCustomers/Players whom the Affiliate, as Affiliate, have introduced to 100% Affiliates.
  137. 100% Affiliates will process the Commission earned by the Affiliatein the previous calendar month by the fifteenth working day of thefollowing month. 100% Affiliates shall not be liable to the Affiliate inany manner whatsoever for late payments due to technical, third party orany other unforeseen events or circumstances beyond its control.
  138. Payment shall be made by 100% Affiliates to the Affiliate by way ofthe method selected by the Affiliate on registration, but only in USDollars.

    139. Termination

  139. This Agreement can be terminated by 100% Affiliates at any timewithout notice should the Affiliate breach one or more of its obligationsunder this Agreement OR IF IT IS DETERMINED AT OUR SOLE DISCRETION THATTHE AFFILIATE'S SITE IS UNSUITABLE. Unsuitable sites are, inter alia, butnot limited to, those sites that are aimed at children, promote violence,promote discrimination based on race, sex, religion, nationality,disability, sexual orientation, or age, promote illegal activities, or violateintellectual property rights, or are otherwise considered by 100% Affiliatesto bring 100% Affiliates or its Merchants into disrepute or prejudice theinterests of 100% Affiliates or its Merchants in any way. In the event thatthe Agreement is terminated in accordance with this section, the Affiliatewill immediately cease to be entitled to receive Commission or any otheramounts that would be otherwise payable by 100% Affiliates to theAffiliate.
  140. 100% Affiliates may also terminate this Agreement at any timewithout cause. The Affiliate may terminate this Agreement without cause onproviding 30 days' notice to 100% Affiliates. Notice of termination shallbe given in writing by either Party to the other. For purposes ofnotification of termination, delivery via e-mail is considered a writtenand immediate form of notification and the Agreement shall accordinglyterminate with immediate effect.
  141. Upon termination, all rights and licenses granted to the Affiliatein this Agreement shall immediately terminate. The Affiliate mustimmediately remove any reference to 100% Affiliates and 100% Affiliates'Websites, Brands or Products from its site and disable any links from itssite to same. In particular, the Affiliate shall immediately remove accessto any Derivative Website established by it.
  142. Upon termination for reasons other than those outlined at paragraph12.1 above, the Affiliate shall continue to be entitled to receiveCommission earned up to the time of termination plus any other amountsowing by 100% Affiliates to the Affiliate under this Agreement.
  143. Upon termination, 100% Affiliates may withhold the Affiliate's finalpayment for up to three months to ensure that the correct amount has beencalculated and paid.
  144. If 100% Affiliates continues to permit activity (generation ofrevenue) from Customers directed by the Affiliate after termination, thisshall not be construed to constitute a continuation or renewal of thisAgreement or a waiver of termination.
  145. Upon termination, the Affiliate will return to 100% Affiliates any andall Confidential Information and/or Customer Information, including allcopies in the Affiliate's possession, custody and control and will ceaseall uses of any of the Intellectual Property. The Affiliate will takeimmediate steps to transfer ownership to 100% Affiliates of each DerivativeDomain Name established by the Affiliate, at OUR cost, not exceeding thatincurred by the Affiliate on registering the Derivative Domain Name.
  146. Upon termination, the Affiliate, 100% Affiliates and our electroniccash provider, suppliers, contractors, agents, our directors, officers,employees, and representatives shall be released from all obligations andliabilities to each other occurring or arising after the date of suchtermination, except with respect to those obligations that by their natureare designed to survive termination, as set out in this Agreement.Termination will not exculpate the Affiliate from any liability arisingfrom any breach of this Agreement that occurred prior to termination.
  147. This Agreement can be terminated at any time by either partyinvolved if a 30 day written notification is issued.
  148. Upon Termination, the following steps must be applied immediately:

    149. Sale of Business: Death of Affiliate


    Sale of Business
  149. 100% Affiliates recognizes that an Affiliate may wish to sellhis/her its Affiliate business to a third party. We require an Affiliateto recognize and respect that the personal qualities, probity andbackground of our affiliates is vital to our decision to accept a personas an Affiliate of 100% Affiliates.
  150. If an Affiliate wishes to sell or otherwise dispose of the sharesor assets of his/her its Affiliate business to a third party (or concludeany transaction of a similar nature with a third party that will result inan effective change in control of his/her its Affiliate business) theAffiliate shall be required, prior to completing the sale, disposal ortransfer:
  151. If We reject the intended purchaser as an Affiliate of 100% Affiliatesand the selling Affiliate nevertheless decides to proceed with the sale, 100% Affiliatesshall terminate this Agreement insofar as it relates to the sellingAffiliate, the business sold and/or the purchaser.

    152. Death of Affiliate

  152. In the event of an Affiliate's death, We shall require that theexecutor of the deceased Affiliate's estate (or similarly charged person)to furnish us with certified copies of their authority to act on thedeceased Affiliate's estate's behalf, the deceased Affiliate's deathcertificate and proof of the deceased Affiliate's beneficiaries'identities.
  153. The Affiliate hereby agrees that We shall be obliged to pay his/herestate and/or beneficiaries:

    154. Relationship of Parties

  154. The Affiliate and 100% Affiliates are independent contractors, andnothing in this Agreement will create any partnership, joint venture,agency, franchise, sales representative, or employment relationship betweenthe Parties. The Affiliate shall have no authority to make or accept anyoffers or representations on our behalf. The Affiliate shall not make anystatement, whether on the Affiliate's site or otherwise, that conflictswith this Clause.
  155. The Affiliate will not be treated as an employee with respect toany local statute, ordinance, rule, or regulation of any countrywhatsoever.
  156. The Affiliate shall not make any claims, representations, orwarranties in connection with 100% Affiliates and the Affiliate shall haveno authority to, and shall not, bind 100% Affiliates to any obligationsoutside of this Agreement, unless agreed to in writing by us.

    157. Indemnity, disclaimers and Limitation of Liability

  157. The Affiliate shall defend, indemnify, and hold 100% Affiliates andits electronic cash providers, suppliers, contractors, agents, theirdirectors, officers, employees, and representatives harmless from andagainst any and all liabilities, losses, damages, and costs, includingreasonable attorneys' fees, resulting from, arising out of, or in any wayconnected with:
  158. Further, the Affiliate will indemnify and hold 100% Affiliatesharmless from all claims, damages, and expenses (including, and withoutlimitation, attorneys' fees) relating to the development, operation,maintenance, and contents of the Affiliate's site.
  159. 100% Affiliates makes no express or implied warranties or representationswith respect to 100% Affiliates, Commission payment arrangements(including, without limitation, their functionality, warranties offitness, merchantability, legality, non-infringement, or any impliedwarranties arising out of a course of performance, dealing, or tradeusage). In addition, 100% Affiliates makes no representation that theoperation of its site (including service and tracking) will beuninterrupted or error-free. 100% Affiliates will not be liable for theconsequences of any such interruptions or errors.
  160. We will not be liable for direct, indirect, special, punitive orconsequential damages or for any loss, of any nature whatsoever, arisingfrom or in connection with this Agreement or the Affiliate Program, evenif it has been advised of the possibility of such damages. Further, 100% Affiliates'aggregate liability arising with respect to this Agreement and 100% Affiliatesshall not exceed the total Commission paid or payable by 100% Affiliates tothe Affiliate under this Agreement. 100% Affiliates' obligations under thisAgreement do not constitute personal obligations of its directors,officers, consultants, agents or shareholders. Any liability arising underthis Agreement shall be satisfied solely from the referral fee generatedand is limited to direct damages.

    161. Miscellaneous

  161. This Agreement will be governed by the laws of Curacao, withoutreference to rules governing choice of laws. Any action relating to thisAgreement must be brought in Curacao and the Affiliate irrevocablyconsents to the jurisdiction of its courts.
  162. Both Parties shall give each other their mutual support in thegiving of effect to the spirit, purport and object of this Agreement.
  163. The Affiliate may not assign this Agreement, by operation of law orotherwise, without our prior written consent. Subject to that restriction,this Agreement will be binding on, ensure to the benefit of, andenforceable against the Affiliate and 100% Affiliates and the Affiliate'sand 100% Affiliates' respective successors and assigns.
  164. 100% Affiliates' failure to enforce the Affiliate's strictperformance of any provision of this Agreement will not constitute nor beconstrued as a waiver of 100% Affiliates' right to subsequently enforcesuch provision or any other provision of this Agreement.
  165. 100% Affiliates' rights and remedies hereunder shall be mutuallyexclusive, i.e., the exercise of one or more of the provisions of thisAgreement shall not preclude the exercise of any other provision. TheAffiliate acknowledges, confirms, and agrees that damages may beinadequate for a breach or a threatened breach of this Agreement and, inthe event of a breach or threatened breach of any provision of thisAgreement, the respective rights and obligations of the parties may beenforceable by specific performance, injunction, or other equitableremedy. Nothing contained in this Agreement shall limit or affect any ofour rights at law, or otherwise, for a breach or threatened breach of anyprovision of this Agreement, it being the intent of this provision to makeclear that our respective rights and obligations shall be enforceable inequity as Well as at law or otherwise.
  166. Whenever possible, each provision of this Agreement shall beinterpreted in such a manner as to be effective and valid under applicablelaw but, if any provision of this Agreement is held to be invalid, illegalor unenforceable in any respect, such provision will be ineffective onlyto the extent of such invalidity, or unenforceability, withoutinvalidating the remainder of this Agreement or any provision hereof. Nowaiver will be implied from conduct or failure to enforce any rights andmust be in writing to be effective.
  167. This agreement will stay in effect for so long as 100% Affiliatesmakes this service available, unless this Agreement is terminated priorthereto in accordance with the terms contained herein.
  168. We may amend, alter, delete, interlineate or add to any of theterms and conditions contained in this Agreement or the CommissionSchedule at any time and at our sole discretion, by posting a changenotice or a new agreement on its site. Such amendments, alterations,deletions, interlineations or additions may include, for example, changesin the scope of available Commissions, fee schedules, payment procedures,and referral program rules.
  169. Any amendments, alterations, deletions, interlineations oradditions to this Agreement or the Commission Schedule shall be effectiveimmediately upon notice, which may be provided to the Affiliate via e-mailor by display on the 100% Affiliates Website. The Affiliate's use of the 100% AffiliatesWebsite and/or continued marketing of our products after such Notice isgiven to the Affiliate will be deemed acceptance of such amendments,alterations, deletions, interlineations or additions or the new Agreementor Commission Schedule should this Agreement or the Commission Schedule bereplaced in its/ their entirety. Be sure to review this Agreement and theCommission Schedule periodically to ensure familiarity with its mostcurrent version.
  170. NO PURPORTED MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS,DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT OR THE COMMISSION SCHEDULEBY THE AFFILIATE ARE PERMITTED OR WILL BE RECOGNIZED BY 100% Affiliates.None of our employees, officers or agents may verbally alter, modify orwaive any provision of this Agreement or the Commission Schedule.
  171. The commission payment willonly be made when the amount paid is equal to or more than the minimumamount of $100 for e-wallets and $300 for wire transfers. If the amountpayable is less than $100, it will be held over until the next date ofpayment, or until the payment exceeds the minimum. Negative amounts willnot be carried over.

    172. Anti-Spam Policy

  172. 100% Affiliates DOES NOT tolerate spam of any kind.
  173. Please take note of the following: If any person(s) is revealed tohave taken part in the dissemination of any form of Spam (sendingunrequested bulk messages that are not in compliance with ICANN Spam Act)their account will be placed under investigation. While under examination,all commission due to such person(s) will be withheld. Pending the outcomeof further investigation, 100% Affiliates maintains the right to precludesuch person(s) from further involvement in 100% Affiliates AffiliateProgram. In addition, if any expenses incurred by our clientele are shownto be clearly resultant from the encroachment of this policy (includinglegal fees) they will be withdrawn from any attributable account balanceat the time of the offence. If the account balance is found to bedeficient, all pending payments will be withheld until the expenses havebeen fully compensated.
  174. Should You require more information regarding our Anti-Spam Policy,or wish to report any incidences of Spam, please contact us at brett@100affiliates.com.

    175. E-Mail Marketing Guidelines


    If You wish tolegitimately market by email, We require that You strictly adhere to thefollowing guidelines. These guidelines are in place to certify the quality ofour marketing practices as Well as those of our affiliates.
    You must abide bythe following guidelines if You wish to be an affiliate:

    Reports, Payments, Commission Structure

  175. Our system registers and logs all new players registering on oursites through Your Tracker. Once the account is officially opened andactive, the account is permanently tagged with Your personalised Trackerand all activities will be registered and allocated to Your account untilsuch a time that the account is disabled or this Agreement is terminated.
  176. The commission payment will only bemade when the amount paid is equal to, or more than the minimum of $100 fore-wallets and $300 for wire transfers. If the amount payable is less thanpreviously mentioned, it will be held over until the next date of payment, oruntil the payment exceeds the minimum. Negative amounts will not be carriedover.
  177. 100% Affiliates will provide a monthly statement if and whenrequested by an affiliate.
  178. Potential affiliates from all countries are invited to apply asaffiliates of 100% Affiliates. However, the compensation model in use by 100% Affiliatesmay attract potential fraudulent behavior and therefore We reserve theright to change the CPA to a Rev-Share model instead to protect theinterests of both parties.

    179. Please see the Commission's page for more information.

    Last updated: 01/04/2016