Internet Gaming Affiliate's Agreement
1. Our Rights and Obligations
1.1 Register your Customers
We will register your customers, assign a player ID and track their plays. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. ("Customer" means your visitors that use the link from your site to the participating Sports Book of BetCSL and open an account.
1.2 Track Customers' Play
We will track your customers' activity and will make available to you a report
summarizing their activities. The form, content and frequency of the reports may
vary from time to time based on our discretion.
1.3 Pay a Referral Fee
We will pay you referral fees on the NET WIN (defined below) earned from players
directed from your site after they open an account with the participating Sports
Book of BetCSL and wager for real money.
1.4 Modification
We may modify any of the terms and conditions contained in this Agreement, at
any time and in our sole discretion modifications may include, for example,
changes in the scope of available referral fees and Affiliate 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.
2. Your Rights and Obligations
2.1 Linking to Geneva Roth Holding, LLC Gaming
Sites
By agreeing to participate in this Affiliate Program, you are agreeing to create
and maintain unique links from your site to the participating Sports Book of
BetCSL. You may link to the participating Sports Book of BetCSL with one of our
banners or with a text link. This is the only method by which you may advertise
on behalf of the participating Sports Books. We will terminate this agreement
immediately if there is any form of spamming or if you advertise our services in
any other way. You shall not make any claims, representations, or warranties in
connection with BetCSL and the participating Sports Book of BetCSL. You shall
have no authority to, and shall not, bind us to any obligations.
2.2 Agency Appointment
By this Agreement, we grant you the non-exclusive right to direct customers to
the participating Sports Books 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 referral fees or other compensation on
business secured by or through persons or entities other than you.
2.3 Approved Layouts
Without our prior written approval, you will only use our approved banners and
will not alter their appearance nor refer to us in any promotional materials.
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 BetCSL.com that are available on our
servers. DO NOT CREATE A DIRECT LINK TO THE BANNERS ON OUR WEBSITE. IF YOU DO
THIS WE WILL NOT PAY YOU ANY REFERRAL FEES.
2.4 Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance
of your site and for all materials that appear on your site. For example, 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.
2.5 Affiliation
No affiliation can be made between Tasman Companies and your site other than
banners and text links provided by BetCSL.com.
2.6 License to use Marks
We hereby grant to you a non-exclusive, non-transferable license, during the
term of this Agreement, to use Cyber Sports Line's intellectual-property marks
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 rights in the marks, render
the same generic, or otherwise weaken their validity or diminish their
associated goodwill.
2.7 Confidential Information
During the term of this Agreement, you may be entrusted with Confidential
Information relating to the business, operations, or underlying technology of
the participating Sports Book of BetCSL.com (including, for example, referral
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.
3. The Fee Schedule
You will earn referral fees based on the Net Win (net customer losses less net
customer winnings), according to fee schedules to be established by us from time
to time. We retain the right to change the fee schedule and method of
calculation of fees as we wish. The Current fee schedule is as follows:
* 50% of the first..$ 1 to $ 99,999
* 55% of the first..$ 100,000 to $ 499,999
* 60% of the next $ 500,000 to $ 749,999
* 65% of the next $ 750,000 to $ 999,999
* 70% of ............ $100,000 and above.
Please note that these are calculated on a monthly basis.
4. Fee Payment
We will pay you referral fees on a monthly basis, after the last Sunday of each
month, by credit to your account of any fees earned by you in the previous
month. Commissions arising from Customer accounts that are held in currencies
other than USD will be converted to USD at the Foreign Exchange Rate available
for the date of payout. All payments will be due and paid in United States
dollars. 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. Referral fees will be based upon our good faith
calculation based on our statistics.
4.1Player Charge Backs
A report of all charge backs incurred by your referred customers will be run on a quarterly basis. BetCSL will notify you of the charge back amounts made by your players. If you have generated commissions during the specified period, the paid commission percentage amount will be deducted from your commissions moving forward until all debts have been paid off. BetCSL will deduct commissions made from any charge backs incurred by your referred players up to one year after the initial deposit has been made.
5. Terms and Termination
5.1 The term of this Agreement will begin when you complete the signup procedure
and 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 Termination
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT
YOUR SITE IS UNSUITABLE. Unsuitable sites include 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.
5.3 Upon Termination:
You must remove all of our banners/icons from your site and disable all links
from your site to the participating Sports Book of BetCSL. All rights and
licenses given to you in this Agreement shall immediately terminate.
You will be entitled only to those unpaid referral fees, if any, earned by you
on or prior to the date of termination.
You will not be entitled to referral fees with respect to play occurring after
the date of termination.
If you have failed to fulfill your obligations and responsibilities, we will not
pay you the referral fees otherwise owing to you on termination. We may withhold
your final payment for a reasonable time to ensure that the accurate
calculations are made up until the termination of the Agreement and 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.
You will return to us any confidential information, and all copies of it in your
possession, custody and control and will cease all uses of any trade names,
trademarks, service marks, logos and other designations of the participating
Sports Book of BetCSL
6. Relationship of Parties
BetCSL.com and the participating Sports Books 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. The Affiliate Program in no way constitutes any agreement between
yourself and the Government of Costa Rica and therefore does not make you a
licensee under the Costa Rica Free Trade & Processing Zone. You will not make
any statement, whether on your site or otherwise, that reasonably would
contradict anything in this Agreement.
7. Indemnity
You shall defend, indemnify, and hold BetCSL, their directors, 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 link
or this Affiliate Program.
8. Disclaimers
We make no express or implied warranties or representations with respect to the
Affiliate Program, Geneva Roth Holding, LLC or referral 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.
9. 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 Affiliate 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 referral fees 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. Our obligations under this Agreement do not constitute personal
obligations of our directors or shareholders. Any liability arising under this
Agreement shall be satisfied solely from the referral fee generated and is
limited to direct damages.
10. Independent 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 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 AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
11. Miscellaneous
11.1 Governing Law
The laws of Costa Rica will govern this Agreement, without reference to rules
governing choice of law. Any action relating to this Agreement must be brought
in Costa Rica and you irrevocably consent to the jurisdiction of its courts.
11.2 Assign Ability and Inurnment
You may not assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this Agreement will be
binding on, inure to the benefit of, and enforceable against you and us and our
respective successors and assigns.
11.3 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 MODIFICATIONS, ADDITIONS,
DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE
RECOGNIZED BY US. None of our employees or agents may verbally alter, modify or
waive any provision of this Agreement.
11.4 Sever Ability/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 banners and creating a link from your site to ours.