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The following are our complete terms
and conditions to apply as a member of the Brandy Casino affiliation program.
Please read this agreement completely.
By submitting the application form or
linking to the Brandy Casino site you are deemed to have agreed to be
bound to the terms and conditions set out in this agreement.
You can enroll as a member of Brandy
Casino affiliation Program by creating a unique link to Brandy Casino
using text or one of our banners located on our banner farm.
1. Definitions
1.1 Site means the Brandy Casino website located at http://www.BrandyCasino.com
and its related pages.
1.2 Player(s) means a person that enters the Site via your
Tracker(s) and deposited a certain amount of money.
1.3 Tracker(s) means the unique tracking URL that we provide
exclusively to you, during the term of this Agreement, through which we
track your efforts and calculate your Advertising Revenue.
1.4 Banners and Text Links means the graphical artwork or
text that will be directed to our Sites home page at http://www.BrandyCasino.com
, through your Tracker, to permit a Player to hyperlink from your website
to our Site.
1.5 Deposit(s) means funds transferred by Players to their
Site account.
1.6 Redeem(s) means any and all funds withdrawn or cashed-out
by Players from their Site account plus amount pending on the players
account plus any Deposits reversed (or credits given) by us, in our sole
discretion, to negate fraud, error, Player non satisfaction or through
charge-backs.
1.7 Casino Net Revenue will mean the sum of Deposits less
Redeems generated on your Tracker(s) based solely on our log files.
1.8 Advertising Revenue is the percentage of Casino Net Revenue
due and payable to you, at the end of each calendar month, based solely
on our systems data. The Advertising Revenue will be 25-55% of the
Casino Net Revenue according to the amount of wagers made
by players you send within 1 month of activity (see chapter 4).
1.9 Spam means emails and messages that are sent by you,
directly or indirectly, which: 1), contain false or misleading statements;
2), do not truthfully identify the source or the originating IP Address;
or 3), do not contain an online and real time Remove option.
1.10 Fraud Traffic means Deposits or traffic generated at
the Site through illegal means or in bad faith to defraud the system,
regardless of whether or not it actually causes us harm. Fraud Traffic
includes but is not limited to Spam, false advertising and unauthorized
use of any third party copyrights or trademarks.
1.11 Sub-Affiliates means all traffic generated via your dedicated
links and generated by a 3rd party you contacted and linked to the site.
2. Our Rights and Obligations
2.1 Register your players
We will register your players and will track their play. We reserve the
right to refuse customers (or to close their accounts) if necessary to
comply with any requirements we may periodically establish.
2.2 Track players Play
We will track players play and will provide you with remote online access
to reports of customer activity and the Advertising Revenue generated.
2.3 Pay a marketing Fee
We will pay you Advertising Revenue (defined above) we earn from players
directed from your site after they open an account with us and based on
Deposits they make for real money.
2.4 Modification
We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice or
a new agreement on our site which we will notify you of. Modifications
may include, for example, changes in the scope of available Advertising
Revenue, fee schedules, and affiliation Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE
(WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE
CHANGE.
3. Your Rights and Obligations
3.1 Linking to Brandy Casino
By agreeing to participate in this affiliation Program, you agree to create
a unique link from your site to Brandy Casino. You may link to us with
one of our banners or with a text link. With our written permission, you
may link directly to our downloadable .exe file. These are the only methods
by which you may advertise on our behalf. We will terminate this agreement
immediately if there is any form of spamming or if you advertise our casino
in any other unauthorized way. You shall not make any claims, representations,
or warranties in connection with us and you shall have no authority to,
and shall not, bind us to any obligations.
During registration please indicate the exact webpages to place Brandy Casino banners and links. In case you change the location for banners and links please get back to us at: affiliate@brandycasino.com. We regularly scan our partners' sites and in case the registered site lacks Brandy Casino links or banners we exercise our right to cancel an agreement.
3.2 Agency Appointment
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 Advertising Revenue or other compensation
on business secured by or through persons or entities other than you.
3.3 Approved Layouts
Without our prior written approval, you will only use our approved banners
and will not alter their appearance. The appearance and syntax of the
hypertext transfer link are designed and designated by us and constitute
the only authorized and permitted representation of our site. You may
only use banners from Brandy Casino banner farm.
3.4 Good Faith
You will not benefit from known or suspected traffic not generated in
good faith whether or not it actually causes us damage. We reserve the
right to retain all amounts due to you under this Agreement if we have
reasonable cause to believe that such traffic has been caused with your
knowledge. Even if you have not knowingly generated such traffic, we reserve
the right to withhold Advertising Revenue with respect to such traffic.
3.5 Responsibility for Your Site
You will be solely responsible for ensuring that materials posted on your
site are not libelous or otherwise illegal. We disclaim all liability
for these matters. Further, you will indemnify and hold us harmless from
all claims, damages, and expenses (including, without limitation, attorneys'
fees) relating to the development, operation, maintenance, and contents
of your site.
3.6 License to use Marks
We hereby grant to you a non-exclusive, non-transferable license, during
the term of this Agreement, to use Brandy Casino intellectual-property
marks (licensed, in turn by us, from their owner) solely in connection
with the display of the banners on your site. This license cannot be sub-licensed,
assigned or otherwise transferred by you. Your right to use the marks
is limited to and arises only out of this license to use the banners.
You shall not assert the invalidity, unenforceability, or contest the
ownership of the marks in any action or proceeding of whatever kind or
nature, and shall not take any action that may prejudice our or our licensor's
rights in the marks, render the same generic, or otherwise weaken their
validity or diminish their associated goodwill.
4. Fees
4.1 Fee schedule
We will calculate and pay you referral fees according to the fee schedule
on a monthly basis.
| NGR |
Marketing Fee (Percent of NGR) |
| From |
To |
|
| Up to $29,999 |
25% |
| $30,000 |
$69,999 |
40% |
| $70,000 |
$99,999 |
45% |
| + $100,000 |
55% |
"50/50" promo participants - earn 50% Casino Net Revenue.
Only the resources approved by Brandy are allowed to participate in "50/50" promo. We exercise our right to refuse some resources in participation in "50/50" promo.
"50/50" promo rules and conditions.
4.2 Charge-backs
A charge-back is defined as un-collectable CC transaction from the CC
companies as a result of customer non payment or fraudulent credit card
use. All charged back amounts will be deducted from your
payment or the reserved funds. Charge back fees will be paid to CC companies
and will be administered by Brandy Casino.
4.3 Fee Payment
We will pay you Advertising Revenue on a monthly basis, by the fifteenth of each month.
To cash out Advertising Revenue, send a payment request to affiliate@brandycasino.com from 20 current month till 30(31) current month. Please, indicate your Brandy Casino affiliate username and the amount you want to be paid in the letter.
Payment request should be sent from the e-mail, indicated during your registration at Brandy Casino affiliate program.
The minimum sum for Advertising Revenue cash out: $1 (depends on the percentages taken by the payment system for money transfer);
The maximum sum for Advertising Revenue cash out: None
If your requested payment is less than $200, the money transfer will be made at your expenses (the transfer expenses will be held back from your Advertising Revenue). If the cash out is via Wire Transfer and requested payment is less than $1000, the money transfer will be made at your expenses.
From 1 current moth till 2 current month affiliates, who have made payment requests, will be sent Advertising Revenue invoices. Affiliates should print invoices, sign, scan and email them to affiliate@brandycasino.com by the fourth of the current month.
If an affiliate fails to make payment request from 20 current month till 30(31) current month or if an affiliate fails to send us signed invoice by the fourth of the current month, the earned amount will be forwarded to the next calendar month.
If the account is in a negative position (e.g. because customer winnings have exceeded customer losses) the negative position will be carried over into the following month(s).
Advertising Revenue will be based upon our good faith calculation based on our statistics.
All payments will be due and paid in United States dollars.
5. Term and Termination
5.1 The term of this Agreement will begin when you create a unique link
to our site and will be continuous unless and until either party notifies
the other in writing that it wishes to terminate the Agreement, in which
case this Agreement may be terminated immediately. TERMINATION IS AT WILL,
FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination,
delivery via e-mail is considered a written and immediate form of notification.
5.2 Upon termination:
You must remove all of our banners/icons from your site and disable the
link from your site to ours.
All rights and licenses given to you in this Agreement shall immediately
terminate.
If you have failed to fulfill your obligations and responsibilities, we
will not pay you the Advertising Revenue otherwise owing to you on termination.
We may withhold your final payment for a reasonable time to ensure that
the correct amount is paid.
If we continue to permit play from customers after termination, this will
not constitute a continuation or renewal of this Agreement or a waiver
of termination.
5.3 Confidential Information
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.
Unsuitable sites* include those that: lack Brandy Casino links and banners, 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.
* During registration please indicate the exact webpages to place Brandy Casino banners and links. In case you change the location for banners and links please get back to us at: affiliate@brandycasino.com. We regularly scan our partners' sites and in case the registered site lacks Brandy Casino links or banners we exercise our right to cancel an agreement.
5.4 Commercial Use Only.
This Marketing opportunity is for commercial use only, and you, your family
members, friends, associates may not make Deposits, directly or indirectly,
through your Tracker for your own personal use or to fraudulently increase
the Advertising Revenue payables to you. If you wish to make test transactions
to evaluate the system, including Deposits, please contact affiliate@brandycasino.com
so we can refund the charges once you have completed your testing. Transactions
made in violation of this provision will be deemed Fraud Traffic and we
will deduct such Deposits or traffic from your Advertising Revenue.
6. Indemnity
You shall defend, indemnify, and hold Brandy Casino, their directors,
officers, employees, and representatives harmless from and against any
and all liabilities, losses, damages, and costs, including reasonable
attorney's fees, resulting from, arising out of, or in any way connected
with:
(a) Any breach by you of any warranty, representation, or agreement contained
in this Agreement.
(b) The performance of your duties and obligations under this Agreement.
(c) Your negligence or any injury caused directly or indirectly by your
negligent or intentional acts or omissions, or the unauthorized use of
our banners and link or this Affiliation Program.
7. Disclaimers
We make no express or implied warranties or representations with respect
to the Affiliation Program, Brandy Casino or marketing fee payment arrangements
(including, without limitation, their functionality, warranties of fitness,
merchantability, legality, non-infringement, or any implied warranties
arising out of a course of performance, dealing, or trade usage). In addition,
we make no representation that the operation of our site will be uninterrupted
or error-free and will not be liable for the consequences of any interruptions
or errors.
8. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between the parties. You will have no authority
to make or accept any offers or representations on Brandy Casino behalf.
You will not make any statement, whether on your site or otherwise, that
reasonably would contradict anything in this paragraph.
9. Sub affiliates
You can get other webmasters to take part in the Affiliate program. You
will be paid Advertising Revenue from players directed from your site
and Advertising Revenue for your sub affiliates as well. Brandy Casino
supports up to 10 levels of sub affiliates.
10. Limitation of Liability
We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection with
this Agreement or the Affiliation Program, even if we have been advised
of the possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the total
Advertising Revenue paid or payable to you under this Agreement. Nothing
in this Agreement shall be construed to provide any rights, remedies or
benefits to any person or entity not a party to this Agreement. Any liability
arising under this Agreement shall be satisfied solely from the marketing
fee generated and is limited to direct damages.
11. Independent Investigation (Status quo)
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 AFFILIATION PROGRAM
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
12. Miscellaneous
12.1 Governing Law
The laws of Antigua, without reference to will govern This Agreement rules
governing choice of law. Any action relating to this Agreement must be
brought in Antigua and you irrevocably consent to the jurisdiction of
its courts.
12.2 Non-Waiver
Our failure to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement. None of our employees,
officers or agents may verbally alter, modify or waive any provision of
this Agreement.
12.3 Remedies
Our rights and remedies hereunder shall not be mutually exclusive, i.e.,
the exercise of one or more of the provisions of this Agreement shall
not preclude the exercise of any other provision. You acknowledge, confirm,
and agree that damages may be inadequate for a breach or a threatened
breach of this Agreement and, in the event of a breach or threatened breach
of any provision of this Agreement, the respective rights and obligations
of the parties may be enforceable by specific performance, injunction,
or other equitable remedy. Nothing contained in this Agreement shall limit
or affect any of our rights at law, or otherwise, for a breach or threatened
breach of any provision of this Agreement, it being the intent of this
provision to make clear that our respective rights and obligations shall
be enforceable in equity as well as at law or otherwise.
12.4 Waiver
Whenever possible, each provision of this Agreement shall be interpreted
in such a manner as to be effective and valid under applicable law but,
if any provision of this Agreement is held to be invalid, illegal or unenforceable
in any respect, such provision will be ineffective only to the extent
of such invalidity, or unenforceability, without invalidating the remainder
of this Agreement or any provision hereof. No waiver will be implied from
conduct or failure to enforce any rights and must be in writing to be
effective. IN WITNESS WHEREOF, you expressly agree to the terms and conditions
of this Agreement by downloading our banner and creating a link from your
site to ours.
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