InterPartners Affiliate Program Terms and Conditions
1 InterPartners Affiliate Program
InterPartners Affiliate Program is the name used for an affiliate program operated by Wagerlogic Alderney, an Alderney company, on behalf of the properties participating in the hereinafter-explained affiliate program, currently InterCasino, InterPoker, VIP Casino, Parbet and such other brands as may be added by InterPartners (as defined in paragraph 4 below) from time to time (the “Properties”, individually, a “Property”).
2 Questions
If you have any queries or questions in relation to this Agreement, or wish to notify InterPartners of any matter related hereto, you may contact us at support@InterPartners.com.
3 Acceptance
By applying to be an affiliate(as defined in paragraph 4 below), setting up an account as a affiliate (an “Affiliate Account”) and placing a link to a Property from your website, you agree to be bound by the terms and conditions set forth in this agreement (the “Agreement”). IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT UNDERTAKE THE STEPS DESCRIBED ABOVE AND DO NOT CREATE A LINK TO A PROPERTY.
4 Parties
You (the “Affiliate”) and Wagerlogic Alderney (“InterPartners”, “we”, “us”, which terms include any of its parent, holding, subsidiary and operating companies) are the parties to this Agreement.
5 Provision of Information
You must provide true and complete information to InterPartners at all times, including without limitation, your identity, your contact information, payment instructions and any other information that InterPartners may reasonably request from time to time.
6 Party Restriction
i. By agreeing to participate in the InterPartners Affiliate Program, you confirm you are not an employee or contractor of, or immediately family member of an employee or contractor of, or a corporate entity that has any connections, whether direct or indirect, to an employee or contractor of, or immediate family member of an employee or contractor of, InterPartners, a Property or any of their operators, agents, parent, subsidiary, affiliated and/or related companies (“Group”).
ii. The InterPartners Affiliate Program is intended for your direct participation. You shall not open any Affiliate Account on behalf of any third party. Opening an Affiliate Account for a third party, brokering an Affiliate Account and/or the transfer of an Affiliate Account to any other person is not accepted and any such action in contravention of this paragraph 6 will be null and void.
7 Grant of Rights
i. We grant you the non-exclusive right to direct users and to Property Sites (as defined in clause 8 below) in accordance with the terms of this Agreement. You understand that this right is not exclusive to you and that InterPartners may at any time, directly or indirectly, solicit referrals on terms that may differ from those set out herein, or operate or contract with entities that operate websites that are similar to or compete with your website. You shall have no claims or entitlement to any Referral Fees (as defined in clause 11 below) or other compensation that is due to any other person, entity or website.
ii. We grant you the non-exclusive, non-transferable, non-assignable limited right to use the trademarks of the Property with which you affiliate for the duration of this Agreement for the purposes of participating in the InterPartners Affiliate Program only. You acknowledge that you are not receiving any interest in any trademark of such Property other than as stipulated in this Agreement. You shall not assert the invalidity, unenforceability, or contest the ownership of any trademark in any action or proceeding, and shall not take any action that may prejudice our or our licensor’s rights in the said trademark, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
8 Links
By agreeing to participate in the InterPartners Affiliate Program, you agree to create a unique link (as described in section 19 below) from your website to a Site (as defined below). The form of link must be in accordance with the rules and conditions established by the particular Property and approved by InterPartners or its agents.
A “Site” or Sites shall mean a Property’s website(s) and any other online site or platform that is owned, operated or controlled by or on behalf of us from time to time and each of its related pages through which a player opens an account with and/or accesses a Property’s online casino and/or poker services.
9 Referred Users
The term “Referred User” refers to a user who satisfies each of the following: (i) is a new end user who originates from your referral via your website, e-mail newsletter or other method acknowledged and approved by us; (ii) uses the Tracking Mechanism to connect to a Property and registers with that Property; (iii) opens a player account as a result of registering with the Property; and (iv) meets the minimum required deposit for the Property.
10 Tracking Referred Users
We will track the Referred User’s play and will make available periodic reports summarizing their activity. The form, content and frequency of the reports may vary from time to time. We will use commercially reasonable efforts to provide you with remote online access to reports of Referred User activity and the Referral Fees generated. You can get access to such reports through the InterPartners site at http://www.InterPartners.com
11 Calculation of Referral Fees
i. Referral Fees are the amounts due and payable to you as Casino Referral Fees and/or Poker Referral Fees (as appropriate) per Property for the introduction of Referred Users by you to a Property through the Tracking Mechanism.
ii. “Tracking Mechanism” means the unique hyperlink or other InterPartners approved linking tool for referencing the Sites.
iii. Casino Referral Fees, in relation to any casino Site, shall be calculated as follows:
Casino Referral Fees are calculated, using the percentage fee method and rate(s) applied by InterPartners from time to time, as a percentage of the monthly Net Casino Revenue (as defined below) generated from Referred Users.
If Net Casino Revenue is in a negative position for any reason other than fraud and/or chargebacks, that negative amount will NOT be recovered from you and at the beginning of each month any negative position will be set at zero.
InterPartners has and reserves the right to charge any fraud costs to your account.
“Net Casino Revenue” means Gross Gaming Revenues less (i) promotional cost, (ii) jackpot provision, (iii) licensing fees, (iv) administration fees, (v) chargebacks and fraudulent transactions, and (vi) any other tax, levy or duty that may arise;
“Gross Gaming Revenues” means all money wagered by Referred Users less winnings of Referred Users;
iv. Cost Per Acquisition (CPA) Referral Fees
You shall be entitled to a one-off commission based on a number of new depositing players directed to our brands who have successfully met minimum deposit, wagering and/or other requirements as per prior agreement. These amounts are at the discretion of InterPartners and we reserve the right to change these amounts with prior written notice at any time.
InterPartners decision with regards to this will be considered final and no further correspondence will be entered into. Right of admission to the CPA program will be reserved at all times and for any reason. If we determine, in our sole discretion, that you are enrolled in the CPA program to benefit from it by referring players that we deem not legitimately interested in our products or services or of a similar average value to our current players, we reserve the right to terminate your participation in the program with immediate effect. Should this occur, from the moment of your notification, your CPA payment generated on existing or new referred players will be forfeited and considered null and void with no further correspondence entered into.
v. Poker Referral Fees, in relation to any poker Site, shall be calculated as follows:
Poker Referral Fees are calculated, using the percentage fee method and rate(s) applied by InterPartners from time to time, as a percentage of the monthly Net Poker Revenue generated from Referred Users.
If Net Casino Revenue is in a negative position for any reason other than fraud and/or chargebacks, that negative amount will NOT be recovered from you and at the beginning of each month any negative position will be set at zero.
InterPartners has and reserves the right to charge any fraud costs to your account.
“Net Poker Revenue” means the total fees taken by a Property from a Referred User, including poker game rake and poker tournament fees less (i) promotional cost, (ii) licensing fees, (iv) administration fees, (v) chargebacks and fraudulent transactions, and (vi) any other tax, levy or duty that may arise.
vi. You will not receive any fees for referring yourself as a user through your Affiliate Account.
vii. Referral Fees are based on our good faith calculations, based on our statistics, using the methods and rates applied by InterPartners from time to time.
viii. We reserve the right to modify our methods of calculating Referral Fees from time to time, as we deem necessary.
12 Payment of Referral Fees
i. You will be required to open an account with an InterPartners approved payment solution provider (the “Payment Account”).
ii. You must provide InterPartners, in writing or email, with such information as it may require in relation to such Payment Account so as to facilitate the transfer of the Referral Fees to your Payment Account with such information as InterPartners may require from time to time. Once a transfer has been completed, it may not be terminated or reversed; provided that InterPartners reserves the right to terminate or reverse a transfer if in our sole discretion it is necessary to do so.
iii. Referral Fees will be transferred to your Payment Account within the first seven working days of the month for activity during the previous month. All payments of Referral Fees into your Payment Account will be made in the currency of your Payment Account. InterPartners may accrue Referral Fees until such amount equals at least $50 (or the equivalent in the applicable currency units.) InterPartners shall be entitled to forthwith reclaim any overpayment.
iv. Acceptance of payment transfer will be deemed full and final settlement of all Referral Fees due for the month (or other payment calculation period) indicated unless you sent us notice of disagreement with the amount payable within twenty (20) days from the date payment is made. The failure to timely send such notice irrevocably waives your right to contest any fees due for the relevant time period and any prior time period.
v. From 1 April 2011 you may no longer use any “ECash” branded electronic cash account as your Payment Account. An Affiliate with an ECash branded Payment Account (“legacy account”) must provided updated Payment Account details to InterPartners by 1 October 2011 and any unclaimed Referral Fees remaining in the legacy account shall be transferred by InterPartners to such updated Payment Account. If you do not claim Referral Fees from your legacy account by 1 October 2011, and if you fail to respond to our reasonable attempts prior to 1 October 2011 to contact you, such remaining unclaimed Referral Fees in the legacy account will be forfeited by you. “Reasonable attempts to contact you” means that we have sent 3 or more emails to you at the email address provided by you to us.
13 Chargebacks
If at any time we detect a level of chargebacks in relation to your Referred Users that is higher than the average level of chargebacks (as compared to other users) within a month, we reserve the right to freeze your Affiliate Account and withhold all Referral Fee payments pending our investigation of such chargebacks. In the event that we determine that you have engaged in any form of unauthorized advertising or promotion, or engaged in any unlawful or bad faith activities (regardless of whether you had knowledge of the same) which have resulted in such chargebacks, we reserve the right to take various actions including, but not limited to, withholding and forfeiting of Referral Fees, charging you for the amount of chargebacks and/or immediately terminating this Agreement
InterPartners may in its sole discretion, with or without notice, use any available means to block or restrict certain Referred Users and/or users, sign ups, deposits or play patterns so as to reduce the number of fraudulent, unprofitable transactions or for any reason whatsoever, including but not limited to daily or monthly purchase limits, address verification or negative and positive credit card databases. InterPartners does not guarantee or warrant the success of such fraud prevention efforts.
14 No Liability
InterPartners will have no liability whatsoever for any claims, damages or expenses which you or any third party may incur or suffer as a result of:
i. the processing, reversal or adjustment of any transfer;
ii. InterPartners’ failure or refusal to process, reverse, or adjust any transfer; and/or
iii. any delay (regardless of the cause) in the processing, reversal or adjustment of any transfer.
15 Fraud and Collusion
Where it has been deemed by us that there has been collusion between affiliates, we reserve the right to take various actions with respect to each of the affiliates in question, including but not limited to, withholding and forfeiting of Referral Fees, charging you for the amount of costs or liabilities incurred in relation to such actions and/or immediately terminating this Agreement. Collusion entails an agreement which occurs between two or more parties to deceive, mislead or defraud others or gain an unfair advantage. For example, Affiliate A referring Affiliate B as a user, such that Affiliate B shall play in the poker room or casino, thereby earning Affiliate A revenues pursuant to Affiliate A’s InterPartners Affiliate Program Agreement.
16 Misleading and Defamatory Statements
Where it has been deemed by us that there have been misleading and/or defamatory statements made by you in relation to us, the Properties and/or the Sites, we reserve the right to take various actions, including but not limited to, withholding and forfeiting of Referral Fees, charging you for the amount of costs or liabilities incurred in relation to such actions and/or immediately terminating this Agreement.
17 Limitation on Advertising
You shall not engage in spamming and must at all times practice “Netiquette”, this includes any attempt to spam a user through the chat functionality in the participating Property’s chat facility. All email marketing must be based on commonly accepted opt-in rules. You shall not, and shall not be entitled to, earn Referral Fees from Referred Users generated in bad faith, or arising from unauthorized advertising or promotion. In the event that we determine that you have engaged in any form of unauthorized advertising or promotion, or engaged in any unlawful or bad faith activities (regardless of whether you had knowledge of the same), we reserve the right to take various actions including, but not limited to, withholding and forfeiting of Referral Fees and/or immediately terminating this Agreement. The use of domain names or any bid made by you to any Internet search engine, on keywords related to the Properties including, without limitation, CryptoLogic, WagerLogic InterPartners VIP Casino, InterCasino, InterPoker or Parbet trademarks or words that are confusingly similar, shall be considered to be a breach of the good faith provisions contained in this clause.
18 Property Sites
As part of InterPartners’s efforts to maintain the integrity of the Properties’ Sites, all websites deemed a copy of any of the Properties’ Sites, including and not limited to the Sites below, will be asked to remove all suspect/plagiarized content.
A website will be classed as having enough similar content to jeopardize a Property’s Sites in any one of the search engines if there is as little as 15% copied content. Should the copy not be updated within 5 working days, your Affiliate Account and all Referral Fee payments will be suspended pending review of the situation.
19 Banners, Links and Other Marketing Materials
You will only use approved marketing materials, banners, links and icons found on the InterPartners Affiliate Program site and will not alter their appearance, except with our prior written approval. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of a Property. You may not link to any Property in any way except as expressly permitted under this Agreement.
20 Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your website and for all content that appears on your website, including but not limited to ensuring that all content on your website complies with all applicable laws and does not infringe our rights or the rights of any third parties. We shall not be liable for any loss or damage caused or suffered by anyone in connection with your activity, and we disclaim all liability for such loss or damage. FURTHER, YOU HEREBY AGREE TO FULLY INDEMNIFY, AND HOLD US AND THE PROPERTIES, AND EACH OF THEIR GROUP, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND CONTRACTORS HARMLESS, FROM AND AGAINST ALL CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) ARISING AS A RESULT OF OR IN CONNECTION WITH YOUR ACTIVITY.
21 Unsuitable Websites and Activities
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE IN OUR SOLE DISCRETION THAT YOUR WEBSITE OR ACTIVITY IS UNSUITABLE. Unsuitable sites include, but not limited to, those that: display child pornography or other illegal or sexual acts, promote violence or obscenity, promote discrimination based on race, sex, religion, nationality, disability or sexual orientation, promote illegal activities, violate intellectual property rights or promote abuse of online games and promotions.
22 Intellectual Property and Data Protection
All intellectual property and other proprietary rights in any materials provided by us to you under this Agreement are the sole and exclusive property of us and/or our licensors. Nothing in this Agreement and/or your use of such materials or participation in the InterPartners Affiliate Program shall result in you acquiring any ownership or other proprietary interest in, or to, any such rights. You agree that we are the sole and exclusive owners of any and all of the intellectual property and other proprietary rights in all data collected or generated under this Agreement (including but not limited to all data relating to Referred Users) and that we may use all such data in any manner we determine in our sole discretion.
You shall at all times comply with the Data Protection Acts 1988 and 2003 and the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 and any other related or similar legislation and you shall indemnify on demand and hold harmless us from and against any and all losses, demands, claims, damages, costs, expenses (including, but not limited to, consequential losses and loss of profit, reasonable legal costs and expenses and VAT thereon if applicable) and liabilities suffered or incurred, directly or indirectly, by Interpartners in consequence of any breach by you this of obligation.
23 Representations and Warranties
In consideration for the rights and privileges permitted in this Agreement, you provide us with the following warranties, representations and covenants. You warrant, represent and covenant that:
i. You will not use the InterPartners Affiliate Program to engage in any activity which you know, or reasonably ought to know, is (or may be) illegal or deceptive.
ii. You will report any errors in transactions or unrecognized transactions (“Unrecognized Transactions”) within thirty (30) days of the transaction date. If you fail, neglect or refuse to report Unrecognized Transactions to us within the thirty (30) day period, this will be conclusive evidence that you have approved such Unrecognized Transactions .
ii. We shall be entitled to forthwith reclaim any over-payment.
24 Term and Termination
The term of this Agreement will begin when you accept the terms of this Agreement and continue until a party notifies the others in writing that it wishes to terminate the Agreement for any reason, in which case this Agreement may be terminated immediately upon the sending of such notice. For purposes of notification of termination, the sending of an e-mail is considered a written and immediate form of notification.
25 Post-Termination
Upon termination of this Agreement by any party:
i. You must immediately remove all banners/icons from your web site or other form of media and/or marketing materials and immediately disable all links from your website to any Property Site.
ii. All rights and privileges granted to you under this Agreement shall immediately terminate.
iii. You will be entitled to unpaid Referral Fees, if any, earned by you up to and including the date of termination, provided that you have fulfilled your obligations under this Agreement. We may deduct any sum that you owe us from any unpaid Referral Fees prior to accounting to you for such unpaid Referral Fees.
iv. You will not be entitled to Referral Fees earned after the date of termination.
v. We may withhold your final payment for a reasonable time after termination to ensure that the correct amount is paid. If a Property continues to permit play from Referred Users after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
vi. You will return to us any InterPoker Confidential Information (as defined in clause 32 below), and all copies of it in your possession, custody and control.
vii. You will cease all uses of any trade names, trademarks, service marks, logos and other designations of any Property participating in the InterPartners Affiliate Program and InterPartners .
viii. Clauses 4, 5, 6, 9, 11, 14, 15, 16, 17, 22, 23, 24, 25, 26, 27, 28, 31, 32, 36 to 47 and such other provisions as are necessary for the interpretation or enforcement of the Agreement after termination, shall survive any termination or expiry of the Agreement.
26 Indemnity
YOU SHALL DEFEND, INDEMNIFY, AND HOLD INTERPARTNERS, THE PROPERTIES, AND EACH OF THEIR RESPECTIVE GROUP AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN THE INTERPARTNERS AFFILIATE PROGRAM, ANY BREACH OF THIS AGREEMENT BY YOU, YOUR ACTS OR OMISSIONS, YOUR NEGLIGENCE, OR YOUR USE OR MISUSE OF BANNERS, ICONS, LINKS, TRADE MARKS OR OTHER INTELLECTUAL PROPERTY PURSUANT TO THIS AGREEMENT AND/OR TRACKING MECHANISMS.
27 Disclaimer
INTERPARTNERS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE INTERPARTNERS AFFILIATE PROGRAM, THE REFERRAL FEES, THE BANNERS, LINKS OR ICONS, NOR THE OPERATION, AVAILABILITY OR FUNCTIONALITY OF THE PROPERTIES PARTICIPATING IN THE INTERPARTNERS AFFILIATE PROGRAM, INCLUDING, WITHOUT LIMITATION, THEIR FUNCTIONALITY, FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. ACCORDINGLY, INTERPARTNERS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN THE OPERATION OR FUNCTIONALITY OF PROPERTIES PARTICIPATING IN THE INTERPARTNERS AFFILIATE PROGRAM, THE BANNERS, LINKS OR ICONS. NOTHING IN THIS AGREEMENT SHALL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
28 Limitation of Liability
INTERPARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE INTERPARTNERS AFFILIATE PROGRAM, NOTWITHSTANDING THAT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, INTERPARTNERS’S MAXIMUM AGGREGATE LIABILITY ARISING UNDER THIS AGREEMENT AND THE INTERPARTNERS AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL AMOUNT OF REFERRAL FEES PAID OR PAYABLE TO YOU FOR THE FOUR MONTHS PRIOR TO THE DATE OF THE CLAIM ARISING.
29 No Non-Party Rights
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, OTHER THAN TO A PROPERTY AND/OR A MEMBER OF A PROPERTY’S GROUP AND/OR A MEMBER OF INTERPARTNERS’S GROUP.
30 Affiliate Information & Privacy; Affiliate Account Inactivity
i. You are solely responsible for the security and protection of your Affiliate Account user name and password (collectively the “Affiliate Information”). You will take all necessary and reasonable steps to protect the Affiliate Information from disclosure. You will not permit any third party to use your Affiliate Information in order to access the affiliate services, whether authorized or not.
ii. You are solely responsible, liable and accountable for all use of or access to your Affiliate Account through your Affiliate Information and you will be solely liable for any losses, damages, costs or expenses that occur due to the use by, or disclosure of the Affiliate Information to, others, whether authorized by you or not.
iii. InterPartners does not generally provide details of your Affiliate Account to third parties, however, by entering into this Agreement you give your consent to InterPartners to:
(a). release any information with respect to your Affiliate Account and/or your use of the InterPartners Affiliate Program in response to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body, court of law, investigatory agency or the police, whether such request is made pursuant to a court order or otherwise;
(b). seek verification of any information provided by you in relation to your Affiliate Account;
(c). provide details of your Affiliate Account to a successor in title to InterPartners’s business, to a third party for the purposes of providing you with the affiliate services, in addition to or in lieu of InterPartners; and/or
(d). provide details of your Affiliate Account to InterPartners’s Group.
iv. We reserve the right to terminate this agreement if your Affiliate Account becomes dormant. Your Affiliate Account shall be deemed to have become dormant if: (1) you fail to deliver at least one (1) new player per month for 6 consecutive months and/or (2) you generate less than US$50 (or the equivalent in the applicable currency units) in Referral Fees per month for 6 consecutive months. If your Affiliate Account is deemed to be dormant you cease to be an Affiliate in the InterPartners Affiliate Program, you cease to be entitled to any Referral Fees associated with a dormant account. If you wish to be reinstated as an Affiliate post termination please contact InterPartners at the email address set out in clause 2 above. At InterPartners’ discretion you may open a new Affiliate Account provided that no Referred User or Referred Fees associated with your previous, dormant account shall be associated with any new account you open and you shall have no entitlement with regard to any such Referred User or Referred Fees.
31 Personal Data
i. It is necessary for InterPartners to collect personal information and data (including but not limited to your name, address and contact details) (“Personal Data”) from you in order to allow you to access and use the InterPartners Affiliate Program. By participating in the InterPartners Affiliate Program and communicating electronically with us, you acknowledge and agree to us processing your Personal Data in the ways set out in this Agreement.
ii. InterPartners will primarily process Personal Data for the purposes of providing you with access to the InterPartners Affiliate Program. In addition, we may make Personal Data available to our Group for the purposes of statistical and market analysis and for informing you about products and services offered by such undertakings. If you do not want to receive any marketing communications you should contact us using the contact details set out in this Agreement.
iii. InterPartners may disclose Personal Data to their Group, business partners, government bodies and law enforcement agencies, successors in title to their businesses and third party suppliers engaged to process Personal Data on their behalf or to other third parties for the purposes of providing you with the InterPartners Affiliate Program. You have a right to access the Personal Data held about you. To obtain a copy of the Personal Data contact us using the details set out in this Agreement.
iv. In order to operate effectively, we rely on the collection, storage and use of information about individuals in all countries and territories where the Properties operate. The collection and storage of this information and its further use by them, their affiliates, parents, subsidiaries and operating companies on a global basis (including via the internet) involves regular transfers of Personal Data from one country to another. You acknowledge that it may be necessary for them to transfer information to someone in another country (including countries outside of the European Economic Area) and you consent to such transfer.
v. It is important that you give InterPartners accurate information. InterPartners may check your details with fraud prevention agencies and if you give them false or inaccurate information and they suspect fraud, this will be recorded. These records will be shared with other organizations and used by them to:
a. help make decisions about credit and credit related services for you and members of your household; and
b. trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts.
vi. Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household. If you require details of those credit reference and fraud prevention agencies from which InterPartners obtains and with which InterPartners records information about you, then please write to InterPartners at the email address set out in clause 2 above.
We may wish to change the way in which we hold, process or disclose Personal Data. If the change is not in accordance with the way in which the Personal Data is held at that time, we will use reasonable endeavors to contact you and notify you of the change. If you do not tell us that you object to the change then we will be entitled to regard you as having agreed to it.
32 Confidential Information
During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of a Property, us, and/or any of their Group and/or the InterPartners Affiliate Program (“Confidential Information”). You agree not to disclose such Confidential Information to outside parties without our prior written consent, and you shall use such Confidential Information only to further the purposes of this Agreement. Your obligations with respect to such Confidential Information shall survive termination of this Agreement. You will procure that any of your employees or contractors to whom any Confidential Information is disclosed (and any such disclosure is in all case subject to prior written consent) comply with these confidentiality obligations.
33 Cookies
A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about the use of cookies on http://www.cookiecentral.com. InterPartners’s use of cookies also allows you to be presented with a personalised version of a Site/our website, carry out transactions and have access to information about your Affiliate Account. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will restrict your use of the Sites/our web site.
34 Amendments
This Agreement embodies the entire and complete Agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior Agreement or understanding between the parties in relation to such subject matter. We may amend this Agreement, or modify any of the terms and conditions of this Agreement, at any time and in our sole discretion. Modifications may include changes to Referral Fee calculations or InterPartners Affiliate Program rules. Any changes to this Agreement take effect from the date that the changes are uploaded to InterPartners’ site at http://www.interpartners.com/supportfaq/terms-conditions . We will make reasonable efforts (in our discretion) to notify you of changes to this Agreement however you acknowledge that you have responsibility for regularly checking whether this Agreement has changed by frequently visiting the InterPartners site and making appropriate enquiries.
35 Acceptance of Amendments
IF ANY MODIFICATION OF THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN WRITING. YOUR CONTINUED PARTICIPATION IN THE INTERPARTNERS AFFILIATE PROGRAM FOLLOWING SUCH MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH MODIFICATION.
36 Not an Agency Relationship
Your participation in the InterPartners Affiliate Program does not constitute an agency relationship and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship. You have no authority to make or accept any offers, representations, warranties or covenants on our behalf or on behalf of us or any of the Properties.
37 Assignability and Enurement
You may not assign this Agreement to any other party without our prior written consent and any unauthorized assignment shall be null and void. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each parties respective successors and assigns. InterPartners may assign, transfer or novate any or all of our rights and obligations under this Agreement.
38 Non-Waiver
InterPartners’s 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 against you.
39 Force Majeure
InterPartners shall not be liable to you for any failure to comply with its obligations under this Agreement to the extent that such failure is beyond its reasonable control.
40 Remedies
InterPartners’ rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more provision of this Agreement shall not preclude the exercise of any other provision. You acknowledge and agree in the event of your breach or threatened breach of this Agreement, InterPartners may (without prejudice to it other rights and remedies) enforce its rights by specific performance, injunction, or other equitable remedy.
41 Severability
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, illegality or unenforceability, without invalidating the remainder of this Agreement or any provision hereof.
42 Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS INTERPARTNERS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
43 Discrepancy with Server
If there is any discrepancy between any data displayed on-screen or otherwise accessible by you and the relevant data held in our computer servers then the data held on our servers is deemed to be the correct data and will prevail over any contrary data displayed or accessible by you and our determination shall be final and binding.
44 Disputes
In the event of a dispute between you and InterPartners in connection with this Agreement, InterPartners’ determination shall be final and binding.
45 Notices
If we need to contact you or give you formal notice under this Agreement we will make such contact or give notice by any reasonable means in the circumstances based on the information that we hold about you or that you have provided us with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If we use the details that we hold on you to serve notice then you will be deemed to have received the notice immediately after we have sent it. You agree that you will immediately notify us if your contact details change.
46 Governing Law
This Agreement shall be governed by the laws of the Netherlands Antilles as are in force from time to time. By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that we determine in our sole discretion in respect of any disputes arising out of, or connected with, this Agreement. Nothing in this paragraph shall prevent us from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.
47 Applicable Laws
You understand that gambling laws may vary from city to city, state to state and country to country. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR PARTICIPATION IN THE INTERPARTNERS AFFILIATE PROGRAM IS LEGAL IN YOUR LOCAL JURISDICTION. YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR LOCALE WHICH APPLY TO YOUR ACTIVITIES AND REPRESENT TO INTERPARTNERS THAT YOU MAY PARTICIPATE IN THE INTERPARTNERS AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS. IF YOUR PARTICIPATION IN THE INTERPARTNERS AFFILIATE PROGRAM IS ILLEGAL YOU WILL NOT BE ENTITLED TO ANY REFERRAL FEES AND INTERPARTNERS RESERVES THE RIGHT TO RECOVER ANY REFERRAL FEES ALREADY RECEIVED BY YOU AND TO REPORT YOU TO THE RELEVANT AUTHORITIES.
Last updated: 15/02/12
