Terms and Conditions Casino Ventura Affiliates
Below you will find Casino Ventura's terms and conditions for our Affiliation Partners Program. Please take the time to read these terms completely and carefully.
By submitting the application form or linking to the Site you are deemed to have agreed to be bound to the terms and conditions set out in this document, which has a form of a binding agreement. If you don't agree with any part of this terms and conditions, please do not submit the application form or linking to the Site.
1. DEFINITIONS
1.1. The term “Site” means Casino Ventura’s Partners website located at https://affiliates.casinoventura.com/ and its related pages.
1.2. The term “Player(s)” means a person that has entered the Site via your Tracker(s) and deposited a certain amount of funds.
1.3. The term “Tracker(s)” means the unique tracking URL that Casino Ventura provides solely for you, during the term of this Agreement, though which Casino Ventura tracks your efforts and calculates your Advertising Revenue.
1.4. The term “Banners and Text Links” means the graphical artwork or hypertext that will direct to our Site’s home page at http://www.casinoventura.com, using your Tracker, to allow a Player to hyperlink from you website to our Site.
1.5. The term “Casino Net Revenue” means all money wagered by Players minus (i) winnings of Players and (ii) bonuses given to Players, generated on your Tracker(s) solely based on our log files.
1.6. The term “Advertising Revenue” means the percentage of Casino Net Revenue minus (i) converted complementary points and (ii) fraudulent transaction, due and payable to you, at the end of each calendar month, based solely on our system’s data. Advertising revenue is a fixed monthly percentage of “Casino Net Revenue” depending on the amount of wagers made by players you have sent within 1 month of activity.
The Advertising Revenue will be negotiated with you prior to sending any Players, depending of the monthly number of new Players, position of Banners and Text Links on your website and/or other factors affecting the Casino Net Revenue. Minimum guaranteed Advertising Revenue is 25%.
1.7. The term “CPA Payment” means the one-time payment for every Player that deposits above a predefined baseline amount. CPA Payment will be negotiated with you prior to sending any Players, depending of the monthly number of new Players, position of Banners and Text Links on your website and/or other factors affecting the Casino Net Revenue.
1.8. The term “Spam” means e-mails and messages that are sent by you, whether directly or indirectly, that: 1) contain false or misleading statements; 2) do not truthfully identify the source or the originating IP address; 3) do not contain an online and real time Remove option.
1.9. The term “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.
1.9.1. This agreement is for commercial use only, the affiliate, his family members, friends and associates are not allowed to make deposits, whether directly or indirectly, using his Tracker in order to increase his income in a fraudulent way. Any action the affiliate offers to a player(s) in order to make a minimum deposit so as to increase the affiliate’s income is considered fraudulent and disloyal practice in this commercial relationship.
1.9.2. Casino Ventura reserves the right not to pay the CPA payments if we notice that the method is being abused or in case when the affiliate rewards players a part of their CPA amount in order to have them sign up with one of the Sites. After being warned, should the affiliate or player(s) continue with this practice, Casino Ventura will disable the affiliate account and depending on the case, inform others about the fraudulent practices of the affiliate.
1.10. The term “Sub-Affiliates” means all traffic that is generated via your dedicated links which are generated by a 3rd party you contacted and linked to the site.
1.11. The term “Fraudulent transaction” means an uncollectable money transaction as a result of customer non-payment or fraudulent use, including but not limited to charge-backs and returns.
- The terms “Casino”, “Us”, “We” mean Casino Ventura.
2. OUR RIGHTS AND OBLIGATIONS
2.1. Registering your players
We will register your players and 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. Tracking players Play
We will track players play and provide you with remote online access to reports of customer activity and the Advertising Revenue generated.
2.3. Paying a marketing fee
We will pay you Advertising Revenue (defined above) earned from players directed from your site after they open an account with us and based on Deposits they make for real money.
2.4. We reserve the right not to pay the CPA payment in cases where we notice that the method is being abused, or where affiliates reward players as part of the CPA amount in order to get them to sign up with one of our clients.
2.5. Because of commercial and legal reasons we do not accept players with physical addresses in the United States of America and its territories. Likewise, we do not send monthly payments or transfer funds to banks located in the United States of America and its territories.
3. YOUR RIGHTS AND OBLIGATIONS
3.1. Linking to the casino client
By agreeing to be part of our affiliation program, you agree to create a unique link from your site to our Site. You can choose to link to us either through our banner or hypertext. Only with our written approval are you allowed to link directly to our downloadable .exe file. These methods are the only methods by which you may advertise on our behalf. If there is any form of spamming or you advertise our Site in an unauthorized way, this agreement will be immediately terminated. You will not be able to 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.
3.2. Agency Appointment
Through this Agreement, Casino Ventura grants you the non-exclusive right to direct customers from your site to our Site and services, in compliance with the terms of this Agreement. This Agreement does not in any way grant your exclusive rights or privileges to assist us in the provision of services that may arise from your referrals and we reserve the right to contract and obtain assistance from others at any time to perform services of the same or similar in nature to yours. You will have no claims to Advertising Revenue or any other type of compensation on business acquired by or through persons or entities other than you.
3.3. Approved Layouts
You will only use banners approved by us and will not alter their design unless getting written approval from us.
3.4. Good Faith
You will not benefit from suspected traffic or traffic that has not been generated in good faith, whether this causes us damage or not. We reserve the right to withhold any and all funds due to you under this Agreement if we have reasonable cause to believe that such traffic has been cause with your prior knowledge. In case you had not knowingly generated such traffic, we still reserve the right to withhold Advertising Revenue in regard to that type of traffic.
4. PAYMENTS AND FEES
4.1. Charge-backs
All funds that have been charged back will be deducted from your payment or the reserved funds. Charge back fees will be paid to credit cards companies and will be administered by us.
4.2. Fee Payment
Casino Ventura shall pay your Advertising Revenue on a monthly basis, by the 15th of the following calendar month. Should you fail to reach the minimum amount of €100 Advertising Revenue in a month, the earned amount will be carried over to the next month. All payments are due and pain in Euros. In the case of a negative balance, the negative amount will not be carried over to the next month. Advertising Revenue will be calculated with good faith based on our statistics. Through a prior agreement with Us, the affiliate chooses the exact payment method.
5. DURATION AND TERMINATION
5.1. The duration of this Agreement begins with the moment of creation of a unique link on your site linking to our Site and will remain in effect until one of the parties bound with this agreement notifies the other in writing that they wish to terminate the Agreement, in which case the Agreement is terminated immediately. AGREEMENT TERMINATION CAN OCCUR AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, an e-mail is considered a written and immediate form of notification.
5.2. Upon termination:
Upon the moment of termination of this Agreement you must remove any and all banners/icons/hypertext from your site and disable the link from your site to our Site.
All rights and licenses given to you with this Agreement are revoked immediately.
In case you failed to comply with your responsibilities and obligations, we will not pay you the Advertising Revenue otherwise owed to you upon the moment of termination.
We may withhold the final payment for a reasonable time so as to ensure that the correct amount is paid to you.
Should we continue to allow play from customers after the termination has taken place, this will in no way constitute a continuation or renewal of this Agreement or a waiver of the termination.
5.3. Confidential Information
SHOULD WE DETERMINE (IN OUR SOLE DISCRETION AT ANY TIME) THAT YOUR SITE IS UNSUITABLE WE RESERVE THE RIGHT TO TERMINATE THIS AGREEMENT.
A site is considered unsuitable if: it is aimed at children and/or minors, displays child pornography or other illegal sexual acts, promotes violence, promotes or allows discrimination based on race, sex, religion, nationality, ethnicity, disability, sexual orientation, age or any other form of discrimination, promotes illegal activities, violates intellectual property rights.
6. INDEMNITY
You shall defend, protect, indemnify and not hold the Casino, its directors, officers, employees and representatives responsible 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 violation 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
Casino Ventura makes no express or implied warranties or representations in respect to the Affiliation Program, Casino or marketing fee payment arrangements (including, but not limited to their functionality, warranties of fitness, merchantability, legality, non-infringement, or any other kind of implied warranty arising out of the course of performance, dealing or trade usage). Additionally, Casino Ventura makes no representation that the operation of our site will be uninterrupted or error and bug free and will not be liable for the consequences that may arise from said interruptions, errors and bugs.
8. RELATIONSHIP BETWEEN PARTIES
You and we are independent contractors, and nothing arising from this Agreement creates any type of partnership, join venture, agency, franchise, sales representative or employment relationship between the parties. You shall have no authority to make or accept any and all offers or representations on Our behalf. You shall not make any type of statement, be it on your site or otherwise, that would in any way reasonably contradict anything said in this paragraph.
9. LIMITATION OF LIABILITY
Casino Ventura shall not be made liable for any indirect, special or consequential damages (including but not limited to loss of revenue, profits or data) arising in connection with this Agreement or the Affiliation Program, even in the case where we have been advised beforehand of the possibility of such damages occurring. In addition, our total liability arising in respect to this Agreement and the Affiliation Program shall not exceed the total Advertising Revenue paid or payable to you under this Agreement. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Any and all liability arising from this Agreement will be satisfied from the marketing fee generated and is limited to direct damages alone.
10. INDEPENDENT INVESTIGATION
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL OF THE TERMS AND CONDITIONS WRITTEN. YOU FULLY UNDERSTAND THAT WE MAY AT ANY TIME (EITHER DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE WRITTEN IN THIS AGREEMENT AND OPERATE OR CONTRACT WITH WEB SITES THAT SIMILAR OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY AND WITHOUT ANY FORM OF COERCION EVALUATED THE DESIREABILTY AND LEGALITY IN YOUR RESIDING JURISDICTION OF BEING ABLE TO PARTICIPATE IN THIS AFFILIATION PROGRAM AND ARE NOT RELYING ON ANY FORM OF REPRESENTATION, GUARANTEE OR STATEMET OTHER THAN IS SET FORTH IN THIS AGREEMENT.
11. MISCELLANEOUS
11.1. Governing Law
The laws of Curacao, without reference to rules governing choice of law, shall govern this Agreement. Any action pertaining to this Agreement must be brought in Curacao and you irrevocably consent to the jurisdiction of its courts.
11.2. Non-Waiver
The failure to enforce your strict performance by our side of any of the provisions of this Agreement does not and will not constitute a waiver of our right to subsequently enforce such provisions or any other provision of this Agreement. None of our employees, officers or agents may verbally alter, modify, or waive any of the provisions in this Agreement.
11.3. 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 confirm, acknowledge and agree that damages may be inadequate for a breach or a potential breach of this Agreement and in the case of a breach or potential breach of any of the provisions of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction or any other equitable remedy. Nothing contained in this Agreement shall limit or affect any or our right at law or otherwise, for a breach or potential breach of any of the provisions of this Agreement, it being the intent of this provision to make clear our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
11.4. WAIVER
Whenever possible, each and every provision of this Agreement shall be interpreted in such a way 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 in any way invalidating the remainder of this Agreement or any other provision hereof. No waiver shall be implied from conduct or failure to enforce any and all 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.
