ACCEPTANCE OF AN AFFILIATE
- The Company reserves the right to refuse any Affiliate Program application in its sole and absolute discretion
2. Each Affiliate are only allowed to have one user only
- The Affiliate hereby warrants that he/she:
- a) Is of legal age in the applicable jurisdiction in order to agree to and to enter into the Agreement.
- b) Is competent and duly authorized to enter into binding Agreements.
- c) Is the proprietor of all rights, licenses, and permits to market, promote and advertise K9Win in accordance with the provisions of the Agreement.
- d) Will comply with all applicable rules, laws, and regulations in correlation with the promotion of K9Win
- e) Fully understands and accepts the terms of the Agreement.
- The Affiliate agrees to defend, indemnify and hold the Company and its affiliates, successors, officers, employees, agents, directors, shareholders, and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from:
- a) Any breach of the Affiliate's representations, warranties or covenants under the Agreement.
- b) The Affiliate's use (or misuse) of the marketing materials.
- c) All conduct and activities occurring under the Affiliate's user ID and password.
- d) Any defamatory, libellous or illegal material contained within the Affiliate website or as part of the Affiliate's information and data.
- e) Any claim or contention that the Affiliate website or the Affiliate's information and data infringe any third party's patent, copyright, trademark, or other intellectual property rights or violate any third party's rights of privacy or publicity.
- f) Third party access or use of the Affiliate website or to the Affiliate's information and data.
- g) Any claim related to the Affiliate website.
- h) Any violation of the Agreement.
- The Company reserves the right to participate, at its own expense in the defence of any matter.
- The Company may refuse any player or close a player's account if it is necessary to comply with the Company's policy and/or protect the interest of the Company.
The Affiliate Program is intended for your direct participation. Opening an Affiliate Account for a third party, brokering or transferring an Affiliate Account is not accepted. Affiliates wishing to transfer an account to another beneficial owner must contact us and request permission. Besides, you shall not open more than one Affiliate Account without our prior written consent.
Valid traffic and good faith
You will not generate traffic to Company Websites by registering as a New Customer whether directly or indirectly (for example by using associates, family members or other third parties). Such behaviour shall be deemed as fraud.
You will also not attempt to benefit from traffic not generated in good faith. If you have any reasonable suspicion that any New Customer referred by you is in any way associated to bonus abuse, money laundering, fraud, or other abuse of remote gaming websites, you will immediately notify us of this.
You hereby recognize that any New Customer found to be a bonus abuser, money launderer or fraudster or who assists in any form of affiliate fraud (whether notified by you or later discovered by us) does not count as a valid New Customer under the Affiliate Agreement, and thereby no Commission shall be payable in relation to such New Customers.
The Company reserves the right to remove a Player account that is deems fraudulent or abusive. Any commission from such a Player account might be deemed void at the Company's sole discretion.
The Company has ongoing commitment to responsible gaming and prevention of gambling addiction. You agree to actively cooperate with the Company to convey a responsible gaming message. Specifically, you will not use any material or in any way target persons who are under 18 or the legal gambling age in their jurisdiction.
Commissions paid incorrectly
The Affiliate agrees to immediately upon request by Company, return all Commissions received based on New Customers referred to Company in breach of the Affiliate Agreement or relating to fraudulent or falsified transactions.
COMPANY RIGHTS AND REMEDIES
In the case of your breach (or, where relevant, suspected breach) of this Agreement or your negligence in performance under the Affiliate Program, or failure to meet your obligations hereunder, the Company shall have the following remedies available:
A) The right to suspend your participation in the Affiliate Program for the period required to investigate any activities that may be in breach of the Affiliate Agreement. During such period of suspension payment of Commissions will also be suspended;
B) The right to withhold any Commission or any other payment to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate which is in breach of the Affiliate’s obligations under the Affiliate Agreement;
C) The right to withhold from the Commission monies which Company deems reasonable to cover any indemnity given by the Affiliate hereunder or to cover any liability of Company which arises as a result of the Affiliate’s breach of the Affiliate Agreement;
D) Immediately terminate the Affiliate Agreement;
Our rights and remedies detailed above shall not be mutually exclusive.