Terms of Use

All applications subject to approval by application

If you wish to participate in our Webmaster program, indicate your agreement to do so by checking the "I have read and I agree to the Terms and Conditions" checkbox on the sign-up form. Additionally, by accessing and utilizing any of ProgramsAffiliate.net marketing and creative material or accepting of any reward, bonus or commission whether contained in this agreement or else where on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.

For purposes of clarity, the terms "we" and "us" refer to ProgramsAffiliate.net and "you" and "Webmaster" refers to the other party to the contract formed by the acceptance of these Terms and Conditions. The term "Client" is defined as any company that has contracted ProgramsAffiliate.net to promote their site(s). The contract provides you with the non-exclusive right to direct users ("Visitors") from your site or sites to the Client's websites, in return for the payment of commissions and referral bonuses as specified below.

ENROLLMENT

To enroll, please read this Agreement and then submit a complete ProgramsAffiliate.net Webmaster Account application to us via our Web site. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

WEBMASTER AGREEMENT

During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by ProgramsAffiliate.net on your site (the "Webmaster site") as a hyperlink to direct Visitors from the Webmaster Site to the Client's Sites, using distinct URLs supplied by ProgramsAffiliate.net exclusively for linking (the "Supplied Banners").

The Client's banners shall be displayed at least as prominently as any other sales link on the Webmaster site, and if the Webmaster displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Webmaster site, the Webmaster shall, subject to ProgramsAffiliate.net prior written approval of the content thereof, include similar descriptive information regarding the client's site(s).

The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Webmaster shall be entitled to display the banners of, and provide links to, sites of other companies through the Webmaster site, and ProgramsAffiliate.net shall be entitled to make the Client's banners available through online and other services than the Webmaster site.

For an affiliate account to be considered "active", it must have generated new, paying customers for ProgramsAffiliate.net sponsors within the previous 90 days.

If an affiliate account does not meet the above requirement, a ProgramsAffiliate.net Account Manager will contact that affiliate and partner with them to develop an action plan to improve performance.

DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL

As an Affiliate, you will have access through ProgramsAffiliate.net "http://www.ProgramsAffiliate.net" site to a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individual, as a "Link".)

ProgramsAffiliate.net and the Client hereby grants to the Webmaster the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly):

ProgramsAffiliate.net and the Client's banners, name, site name, and other related textual and graphic material are made available by ProgramsAffiliate.net nd/or the Client to the Webmaster for the express purpose of inclusion on the Webmaster's site from time to time (collectively, the "Client's Material") and for the specific purposes authorized above. ProgramsAffiliate.net and the Client authorize the Webmaster to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Webmaster.

ProgramsAffiliate.net and the Client also authorizes the Webmaster to refer, in the Webmaster's advertising and promotions, to the fact that the ProgramsAffiliate.net and Client's sites are accessible through the Webmaster site, provided that any such statement:

(a) does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of ProgramsAffiliate.net or the Client other than ProgramsAffiliate.net or the Client's Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of ProgramsAffiliate.net or the Client's mark);

(b) does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Client sponsors, authorizes, and/or is the source or origin of the Webmaster site; and

(c) does not disparage ProgramsAffiliate.net or the Client, its products, services, or affiliates. All use of the ProgramsAffiliate.net or Client's Materials hereunder shall inure to the benefit of the Client and shall not create any rights, title or interest in them for the Webmaster. No other use of the ProgramsAffiliate.net or Client's names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Webmaster for any purpose without the prior written approval of ProgramsAffiliate.net or the Client.

As between the Client and the Webmaster, the Client owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Client's Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.

MAINTAINING THE LINKS

You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and the ProgramsAffiliate.net Site or the Client's Site(s). The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the ProgramsAffiliate.net Site or the Client's Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made.

SPAM - 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 our Clients are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should our client seek recourse. In this instance the amount determined by the relative client 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 ProgramsAffiliate.net.

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.

GOOD FAITH

You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes ProgramsAffiliate.net or the Client harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Client's site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. 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.

COMMISSION AND REFERRAL BONUS

ProgramsAffiliate.net will process payments to webmasters for the month within fifteen (15) business days following the close of the month and shall make available at a designated URL (http://www.ProgramsAffiliate.net) a statement providing in reasonable detail the basis for such payment. Payout methods and minimum payouts will be as follows: minimum $50 of earnings before any webmaster can be eligible for requesting payouts. If by the end of the month, webmaster isn't elegible yet, his payout will be carried on to the end of next month and paid when its account turns into elegible. Webmasters that belong to U.K. or rest of the world may request payout through NETeller or bankwire. If choosing bankwire for payout method, webmaster must have a minimum of $500 in their account for requesting payout. The deduction off commission will be $20. Special bonuses (as indicated) do not count towards minimum payouts i.e. the $25 Registration Payout bonus.

The commission payment will include commissions from all ProgramsAffiliate.net clients.

Commission - Site

You shall be entitled to a commission equal to the applicable percentage of monies less charge backs. Revenue is derived from any transaction from a Visitor who used the Client's service, who first linked to the Client's sites from the Webmaster site ("Linking Visitors") during the term of this Agreement.

"Net Partner Payout" is defined as Net Sales less total payouts (calculated using the Client's software), derived from any real transaction with a Linking Visitor in which revenue is paid or credited to the Client, less: (i) charge backs and discretionary returns; (ii) rolling reserve in; plus (iii) rolling reserve out.

Amounts are expressed in U.S. dollars and Euros calculated by utilizing online currency convertions tools.

ProgramsAffiliate.net tracking system shall be the sole method for determining the basis of the calculation of commissions and referral bonuses hereunder, and ProgramsAffiliate.net calculations shall be binding on the Webmaster, absent manifest error.

Referral Bonuses

You shall be entitled to a referral bonus calculated as set out below, with respect to monthly Player Net Revenue generated by Visitors who arrive from other Webmasters that you refer to us directly or indirectly:

(i) Revenue Share: From Webmasters referred to us directly (Tier 1): >> 5%

or

(ii) CPA Only: From Webmaster referred to us directly (Tier 1): >> $30 for every 5 new converted sales from unique purchasers

All amounts are expressed in U.S. dollars.

ProgramsAffiliate.net tracking system shall be the sole method for determining the basis of the calculation of commissions and referral bonuses hereunder, and ProgramsAffiliate.net calculations shall be binding on the Webmaster, absent manifest error.

Note

The tracking code in effect allows ProgramsAffiliate.net to properly track all incoming referred traffic and that any modifications done by the Webmaster can result in obscured reporting and ProgramsAffiliate.net will not be responsible for said tracking. We highly recommend to use the tracking link provided and if any Webmaster has questions to contact the support team after application.

CONFIDENTIAL INFORMATION

As used herein, "Confidential Information" shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:

(a) may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or

(b) may receive hereunder from the other.

Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:

(i) use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;
(ii) accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and
(iii) restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.

The foregoing restrictions shall not apply to information that:

(a) is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;

(b) the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;

(c) is received from a third party without restriction and without breach of this Agreement;

(d) was independently developed by the recipient as evidenced by its records; and

(e) the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement.

LIABILITY

The Webmaster acknowledges that ProgramsAffiliate.net does not advocate or endorse the purchase or the use of any services offered by the Client through the Client's sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. The Client represents and warrants that:

(a) The Client has the right to enter into this Agreement and to grant the rights and licenses granted herein; and

(b) The Client's software, and the reproduction, distribution, transmission, public performance and public display of the Client's Material in connection with the Webmaster site, do not:

(i) invade the right of privacy or publicity of any third person; or

(ii) contain any libelous, obscene, indecent or otherwise unlawful material.

The Webmaster represents and warrants that:

a. the Webmaster has the right to enter into this Agreement;

b. the Webmaster site does not, and the reproduction, distribution, transmission, public performance and public display of the Webmaster Materials as permitted herein, do not:

(i) invade the right of privacy or publicity of any third person,

(ii) contain any libelous, obscene, indecent or otherwise unlawful material, or

(iii) infringe any patent, copyright or trademark right in any jurisdiction; and

c. the Webmaster has received no notice of such invasion, violation or infringement of rights.

TERM AND TERMINATION

The term of this Agreement will begin when you download a banner and link it to our site or the Client's Site(s) 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.

Upon termination:

• You must remove the ProgramsAffiliate.net or Client's banner/s from your site and disable any links from your site to ours and theirs.
• 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 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 correct amount is paid.
• If we continue to permit activity (generation of revenue) 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 our clients.
• You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement which occurred prior to termination.

WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

RISK ALLOCATION

Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind -- including lost revenue or profits, loss of business, or loss of data -- arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.

ACKNOWLEDGEMENT OF NO WARRANTY

Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.

AFFILIATE ACCOUNT AND PLAYER ACCOUNT RELATIONSHIP

Affiliated Webmasters are permitted to establish private accounts with our client properties and exchange money for services offered. However, ProgramsAffiliate.net policy prohibits affiliated webmasters from registering these accounts with the program. Not only will there not be any commissions paid out to affiliated webmasters for such activity but affiliates caught augmenting their commissions by generating revenue through unqualified accounts risk the forfeiture of all commissions earned for a full month. Affiliates that persist in this practice after penalization will be removed from the ProgramsAffiliate.net program indefinitely. In this manner, affiliates are restricted from earning commission revenue from their own purchases. This policy is entirely consistent with the purpose of the ProgramsAffiliate.net program: Directing new purchasers to client properties.

ASSIGNMENT

ProgramsAffiliate.net may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the Webmaster. Except as otherwise provided herein, the Webmaster may not assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of ProgramsAffiliate.net. Any purported assignment or delegation without such required consent shall be null and void.

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 applicable international laws.

SINGLE ACCOUNT

The Webmaster agrees to operate a single Webmaster site with the Client's Site(s). If ProgramsAffiliate.net should discover, using information it deems appropriate in the circumstances, that the Webmaster is operating more than one Webmaster account, this Agreement shall terminate and the Webmaster will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the ProgramsAffiliate.net Affiliates Program, MUST be reported by the Webmaster and cleared by the ProgramsAffiliate.net Support Team beforehand, and failure to do so may result in the termination of the Webmaster's account. The Webmaster will also forfeit all rights to commissions and referral bonuses.

INDEPENDENT CONTRACTORS

ProgramsAffiliate.net and the Webmaster are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between ProgramsAffiliate.net and the Webmaster. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.

DISCLAIMER

It is the Webmaster's responsibility to declare taxes from their Webmaster's profits, according to their country's regulations. An institutional bank issues the Webmaster's payments; therefore, ProgramsAffiliate.net will not issue any forms relating to this matter.

WAIVER

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

MODIFICATIONS

ProgramsAffiliate.net may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms and Conditions at: http://www.ProgramsAffiliate.net or at another site it chooses, and by notifying the Webmaster of the modifications via email notice.