- QUICK LINK: Terms Regarding Commissions
- QUICK LINK: No Negative Carry Over with "High Roller" Policy
- QUICK LINK: Accepted use of the service
Terms and Conditions
LiveCasinoPartners Members Agreement
LiveCasinoPartners Affiliate Program SERVICE AGREEMENT. To be a member
of the LIVECASINOPARTNERS affiliate program you agree to abide by the
terms and conditions contained in this Service Agreement. Please read
this agreement carefully before registering and using the
LIVECASINOPARTNERS affiliate program service. By completing the signup
page and using the LIVECASINOPARTNERS affiliate program service you
indicate your acceptance of this Agreement and its terms and
conditions. If you do not accept this Agreement, do not use the
LIVECASINOPARTNERS affiliate program service.
This Service
Membership Agreement (the "Agreement") is made by and between Bravo
Storm S.A. (operator of www.LiveCasinoPartners.com) and you, as user of
the LIVECASINOPARTNERS service ("You" or "Member"). THE SERVICE
SUMMARIZED BRAVO STORM S.A. has developed and operates a service called
LiveCasinoPartners.com (the "Service") that allows Web sites to run
and/or participate in affiliate partner programs. As a user of the
LIVECASINOPARTNERS affiliate program you will be establishing
affiliate-partnering arrangements with third party members. In return,
we will pay commission on the net revenues generated by players you
recruit to www.LiveCasinoPartners.com website, or other brands that may
be introduced from time to time. LIVECASINOPARTNERS will provide email
(support@LiveCasinoPartners.com) support for the service. DEFINITIONS
"Affiliate Partner" ('Partner') means a company or individual that is
rewarded by LiveCasinoPartners for generating revenue for placing
LiveCasinoPartners hyper links on its and/or associated web sites.
"Casino
Net Win" means player wagering minus player winnings (including accrued
progressive jackpot). E.g. if a player wagers $100 and wins back $90,
Casino Net Win is $10.
"Chargeback" means an invalid, fraudulent
or disputed card or debit payment including but not limited to where
the card company or the paying bank has claimed payment back from us,
or where the customer claims payment back because or non-performance;
Chargebacks are deducted in the month they are charged.
"Commission Fees" means amount paid by LiveCasinoPartners to affiliate partner.
"Free
player bonus" means an amount of money given to players by
LIVECASINOPARTNERS for free (Usually upon sign-up). Free Player Bonuses
may also be distributed as rewards to high spending players or as
marketing/ promotional tools.
"Link" means a hyperlink placed on
an Affiliate Partner's site that, when clicked on, serves a 'Brand's
Web page to the user's browser. The Affiliate may be in the form of
text, a button, a banner or any other acceptable Affiliate format.
"Brand"
means a Web site (e.g. www.LuckyLiveCasino.com) that rewards Affiliate
Partners for generating net revenue on their sites.
'Net
Revenue' means the sum of money remaining once 'Card processing fees';
'Free player bonuses' and 'Chargebacks' have been deducted from 'Casino
Net Win'.
"Valid Click" means a click from an Affiliate
Partner's site to a Brand site that results in the Brand Web page being
viewable to the visitor. A click is deemed valid by the
LIVECASINOPARTNERS system when it meets certain criteria as defined on
the Web site or in this agreement, and which may change from time to
time.
"Visitor" means any person, web surfer or user that clicks on an Affiliate Partner's link to view a Brand's web page.
"Real
New Players" A "Real New Player" shall mean an Internet user who
accesses the Casino Site directly through a Link, opens a new user
account and makes the required minimum deposit of €50 in such account,
and plays on the Casino Site. Neither you nor your relatives are
eligible to become Real New Players and should you or they do so you
will not be eligible to receive the relevant commission. For this
purpose, the term "relative" shall mean any of the following: spouse,
partner, parent, child or sibling. The number of Real New Players per
individual household computer is strictly limited to one.
1.1 COMMISSION FEES The established commission scheme unless otherwise agreed upon by Bravo Storm S.A. is as follows:
LuckyLiveCasino.com
CASINO NET REVENUE SHARE
SCHEME:
CASINO NET REVENUE PER MONTH % OF NET REVENUE
0 - EUROS ----------------------- 30%
10,001-30,000 EUROS
----------------- 35%
30,001 or more -----------------
40%
CelticCasino.com
CASINO NET REVENUE SHARE
SCHEME:
CASINO NET REVENUE PER MONTH % OF NET REVENUE
0 - 30,001 or more ----------------------- 30%
Affiliates commission fees will be a percentage of the 'Net Revenue'. LIVECASINOPARTNERS pays a commission fee on net revenue generated by the affiliate.
An affiliate's monthly payable balance is automatically reset to 0 Euros at the beginning of each calendar month. The negative balance is not carried over to the following month. See "HIGH ROLLER POLICY" below to see how future revenue is calculated for "High Roller" players.
1.1.1 HIGH ROLLER POLICY
A "High Roller" is considered a player who generates a negative net revenue of more than €2000 in one payment period. If an affiliate has negative total revenue for a payment period the negative balance is not carried over to the following month. All players who meet the "High Roller" criteria will have future revenues generated from that player subtracted until the total revenue for that player reaches zero in the consecutive months.
1.2 Commission payments and fees affiliates are paid by Bravo Storm S.A. by
the 10th of the month once the balance earned reaches 50 Euros.
Affiliate balances that are under 50 Euros will be carried over to the
next month. You can receive your payment via Neteller, Moneybookers,
bank transfer, LuckyLiveCasino.com player account or check (cheque) in
€EURO, £GBP, OR $USD currency. Money credited to your account does not
accrue interest. Wire transfer payments under 500 Euros will be subject
to a fee of 35 Euros. In the event that an affiliate enters incorrect
bank details and the payment not completed, the affiliate will have the
bank charges associated with this error deducted from their commission
earnings. LiveCasinoPartners reserves the right to withhold affiliate
payments which they deem to of a suspicious nature. By suspicious we
mean the following: if LiveCasinoPartners determines, or suspects, that
a transaction is suspicious and involves or may involve financial crime
or similar activity, LiveCasinoPartners reserves the right to retain
the amount of that transaction and any other transaction made by you.
1.3.A LUCKYLIVECASINO TIERED AFFILIATE FEES
Affiliates will also earn 5% on commission fees generated by Affiliates
you've referred to the LIVECASINOPARTNERS affiliate program (Second
Tier Affiliates) who promote LuckyLiveCasino. Third Tier Affiliates will earn 2% on commission fees
generated by Affiliates you've referred to the LIVECASINOPARTNERS
affiliate program who promote LuckyLiveCasino. Note that neither you nor your relatives can not
earn both primary and secondary revenue on the same player accounts.
1.3.B CELTICCASINO TIERED AFFILIATE FEES . There is currently no second or third tier earnings for CelticCasino.
3.1 REGISTRATION
To sign up as a Member of LIVECASINOPARTNERS and to use the Service as
an Affiliate Partner you must be at least 18 (eighteen) years of age.
3.2
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN
LIVECASINOPARTNERS: Those that 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. You agree that you have read the
documentation for the Service and understand its features and rules. As
part of the registration process, you will select an email and password
combination that you use to access your Member area within the Service.
You shall provide LIVECASINOPARTNERS with accurate, complete and
updated registration information. You may not select the name of
another person with the intent to impersonate that person or deceive
Members or other users as to your true identity. You agree that
LIVECASINOPARTNERS may rely on any data, notice, instruction or request
furnished to LIVECASINOPARTNERS by you that is reasonably believed by
LIVECASINOPARTNERS to be genuine and to have been sent or presented by
a person reasonably believed by LIVECASINOPARTNERS to be authorized to
act on your behalf. You shall notify LIVECASINOPARTNERS by e-mail at
support@LiveCasinoPartners.com of any known or suspected unauthorized
uses of your account, or any known or suspected breach of security,
including loss, theft or unauthorized disclosure of your email and
password. You shall be responsible for maintaining the confidentiality
of your email and password and you are responsible for all usage and
activity on your account, including use of the account by a third party
authorized by you to use your account. Any fraudulent, abusive or
otherwise illegal activity may be grounds for termination by
LIVECASINOPARTNERS and commission to the appropriate authorities in the
relevant country.
3.3 Affiliates are not permitted to
offer or share any affiliate revenues earned with other parties. This
includes players, private clubs, independent operators, and any other
persons deemed unacceptable by LIVECASINOPARTNERS. All offline
promotion of LIVECASINOPARTNERS must be approved in advance by the
LIVECASINOPARTNERS affiliate management in writing or commissions may
not be paid.
3.4 WE DO NOT CONDONE SPAM Any form of spam will
result in your account being closed and all funds due being withheld.
You need to be aware that LIVECASINOPARTNERS is liable to incur
expenses in dealing with spam generated mail and these same expenses
will be deducted from your account should we seek recourse. In this
instance the amount determined will be fair and deemed final and
acceptable based on good faith and such amount will be collectable by
law and deemed to have been accepted by you as fair and reasonable and
as agreed to by registration as an affiliate of LIVECASINOPARTNERS.
Should these expenses not be covered by funds in your account we
reserve the right to investigate other alternative means for obtaining
payment including recourse to file a claim against you for unpaid
amounts.
E-MAILING TO YOUR OPT-IN BULK LISTS If you use LIVECASINOPARTNERS Promotional content to e-mail to your opt in e-mail lists then you must adhere to the following:
1.
I agree to clearly display an unsubscribe feature at the bottom of the
email (clearly detailing methods of unsubscribing from your mailing
list).
2. I agree to clearly include my SITE/COMPANY HEADER in the email (incorporating site name and logo).
3. I agree not to send any LIVECASINOPARTNERS offers in the form of emails to people under the age of 18.
4.
I agree not to send any LIVECASINOPARTNERS offers in the form of emails
to people who have not willingly entered their email address on my
site/s to receive promotional material.
5. Members will be
responsible for any legal fees that arise out of using these mailers.
6. LIVECASINOPARTNERS and Income Access do not tolerate Spam - any
affiliate reported for abuse will be removed from the affiliate
program.
4 .1 ACCEPTED USE OF THE SERVICE You
represent to LIVECASINOPARTNERS that all content you provide to the
Service is solely owned by you or provided by you with the express
authority of the company you represent, does not infringe upon any
other individual's or organization's rights (including, without
limitation, intellectual property rights) and is not defamatory,
libelous, unlawful or otherwise objectionable. As a Member, Links may
not be placed in newsgroups or unsolicited e-mail, Any Link placed must
be done so in such a way that it is not misleading to any Visitor and
done so with the intention of delivering Valid Clicks to the related
LIVECASINOPARTNERS for that Link. LIVECASINOPARTNERS reserves the right
to deem any site inappropriate and may terminate the site immediately
as an Affiliate Partner member of LIVECASINOPARTNERS. If you are
terminated from the Service, LIVECASINOPARTNERS has the right to
withhold money you earned within the Service.
4.2 LIMITED WARRANTY
The Service, its use and the results of such use are provided "as is."
To the fullest extent permissible pursuant to applicable law,
LIVECASINOPARTNERS disclaims all warranties express or implied,
including, but not limited to, implied warranties of LIVECASINOPARTNERS
ability and fitness for a particular purpose, in relation to the
service, its use and the results of such use. Without limiting the
foregoing, LIVECASINOPARTNERS specifically disclaims any warranty (A)
that the service will be uninterrupted or error-free, (B) that defects
will be corrected, (C) that there are no viruses or other harmful
components, (d) that the security methods employed will be sufficient,
or (E) regarding correctness, accuracy, or reliability. Applicable law
may not allow the exclusion of implied warranties so the above
exclusion may not apply to you
4.3 LIMITATION OF LIABILITY LIVECASINOPARTNERS
or its suppliers or resellers shall not be liable to you or any other
person for (I) any indirect, special, incidental or consequential
damages of any character arising out of the use of or inability to use
the LIVECASINOPARTNERS service or any information provided on the
LIVECASINOPARTNERS web site or any other hyper linked web site,
including, without limitation, damages for loss of goodwill, any lost
profits, business interruption, loss of programs or other data on your
information handling system or otherwise, even if LIVECASINOPARTNERS or
a LIVECASINOPARTNERS authorized representative has been advised of the
possibility of such damages or (II) any claim attributable to errors,
omissions or other inaccuracies in the web site or any hyper linked web
site. Because some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, the above exclusion
may not apply to you. In such jurisdictions, LIVECASINOPARTNERS
liability is limited to the smallest amount permitted by law. This
paragraph will survive the failure of any exclusive or limited remedy.
You agree that LIVECASINOPARTNERS is the neutral host of the Service
and has no responsibility or liability in relation to the arrangements
that you enter into with LIVECASINOPARTNERS as part of your use of the
Service. LIVECASINOPARTNERS and Affiliate Partners jointly and
severally agree to indemnify, defend, and hold harmless
LIVECASINOPARTNERS and its affiliates, officers, directors, employees
and agents from and against any and all liability, claims, losses,
damages, injuries or expenses (including reasonable solicitor's fees)
directly or indirectly arising from or relating to any Offer or any
other matter related to this Agreement or the subject matter hereof and
any dispute relating thereto.
4.4 LICENCE TO USE MARKS LIVECASINOPARTNERS
hereby grants to you a non-exclusive, non-transferable license, during
the term of this Agreement, to use LIVECASINOPARTNERS
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.
5 CONFIDENTIAL INFORMATION
During the term of this Agreement, you may be entrusted with
Confidential Information relating to the business, operations, or
underlying technology of LIVECASINOPARTNERS and/or the Profit Sharing
Program (including, for example, commission fees earned by you under
the program). You agree to avoid disclosure or unauthorized use of the
Confidential Information to third persons or outside parties unless you
have our prior written consent and that you will use the Confidential
Information only for purposes necessary to further the purposes of this
Agreement. Your obligations with respect to Confidential Information
shall survive the termination of this Agreement.
6 COMMERCIAL USE ONLY
This Marketing opportunity is for commercial use only, and you, your
family members, friends; associates may not make purchases, directly or
indirectly, through your tracker for your own personal use or to
fraudulently increase the commission fees payables to you.
7 GOOD FAITH
Affiliates will not knowingly 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 commission
fees with respect to such traffic.
8.1 TERM AND TERMINATION NOTICE PERIOD
This Agreement shall remain in effect until terminated.
LIVECASINOPARTNERS or you may terminate this agreement for any reason
or no reason upon five (5) days prior e-mail registered or written
notice, or immediately upon notice of any breach of the provisions of
this Agreement. Upon termination, you shall no longer be entitled to
use the Service.
8.2 UPON TERMINATION
Affiliates 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.
LiveCasinoPartners will pay your final commission for your last
calendar month. You will not be entitled to new commission fees with
respect to play occurring after the date of termination over the
following 6 months. If you have failed to fulfill your obligations and
responsibilities, we will not pay you the commission fees 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.
9 RELATIONSHIP OF THE 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 our behalf. You will not make any statement, whether on your site or
otherwise, that reasonably would contradict anything in this paragraph.
10.1 INDEMNITY You shall defend, indemnify, and
hold LIVECASINOPARTNERS, 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 (d) any injury caused
directly or indirectly by your negligent or intentional acts or
omissions, or the unauthorized use of our banners and links or this
Profit Sharing Program.
10.2 NONASSIGNABILITY
Neither the rights nor the obligations arising under this Agreement are
assignable or transferable by you, and any such attempted assignment or
transfer shall be void and without effect. LIVECASINOPARTNERS may
assign this Agreement to any successor, affiliate or assign.
10.3 FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or
delay in the performance of its obligations hereunder on account of
strikes, shortages, riots, insurrection, fires, flood, storm,
explosions, acts of God, war, governmental action, labor conditions,
earthquakes or any other cause which is beyond the reasonable control
of such party.
10.4 GOVERNING LAW This
Agreement, its interpretation, performance or any breach thereof shall
be construed in accordance with, and all questions with respect thereto
shall be determined by, the internal substantive laws of Costa Rica.
11 INDEPENDANT INVESTIGATION 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 commissions 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
profit sharing program and are not relying on any representation,
guarantee, or statement other than as set forth in this agreement.
12 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. No
modification, additions, deletions or interlineations of this agreement
are permitted or will be recognized by us. None of our employees,
officers or agents may verbally alter, modify or waive any provision of
this Agreement.
13 CHANGES TO THE SERVICE LIVECASINOPARTNERS
reserves the right to change, modify, add or remove portions of this
Agreement at any time and may add to, change, suspend or discontinue
any aspect of the Service at any time. Members may either agree to such
changes or withdraw from the service. Minor and major changes will be
displayed in the current terms and conditions in CAPITAL letters for a
period of 4 weeks.
* Any changes to commission percentages, net revenue related definitions or payment timings are deemed major changes.
* Members are free to terminate their relationship if they disagree with any changes.
* We advise our members to check the terms and conditions for changes at least once every 4 weeks.