Terms and Conditions
Last Updated : 3 September 2009
Language Discrepancies. In case of any discrepancy between the meanings of any translated versions of this Agreement, the meaning of the English Language version shall prevail. These terms and conditions apply to All members of the Affiliate Program :
If you do not fall into any of the categories stated above, then you will be contacted directly by one of our agents with information as to how to access the terms and conditions that are applicable to you
Preamble
Whereas:
A. We operate Fortuneaffiliate.eu and the Affiliate Program; and
B. Affiliates may market and promote the Casinos, Poker rooms and Bingo Rooms represented by the Affiliate Program; and
C. These Terms and Conditions govern the relationship between the Affiliates, Us and the Affiliate Program.
Definitions
1.1 Affiliate shall mean a natural or juristic person that may or may not be associated with another a parent, subordinate, subsidiary or member who has registered and is accepted by Us as an Affiliate of the Affiliate Program in terms of these Terms and Conditions;
1.2 Affiliate Program means the affiliate program offered and operated by Us and explained in further detail in these terms and conditions;
1.3 Bingo Rooms means all of the online bingo rooms participating in the Affiliate Program and listed here;
1.4 Casinos means all of the online casinos participating in the Affiliate Program and listed here;
1.5 Casino revenue-based commission means variable commission, based upon revenue derived by the Casino, paid to an Affiliate for the referral of a Player to a Casino. The details of such fees are explained here
1.6 Charge-back means the successful dispute of a purchase transaction by a Player, bank, or processing institution resulting in the reversal of the purchase by such Player;
1.7 Confidential Information means:
1.7.1 any information of whatever nature, which has been or may be obtained by the Affiliate from the Operator and/or its licensors, whether by way of the Affiliate Program or otherwise, whether relating to the Operator’s information and whether in writing or in electronic form or pursuant to discussions with the Operator, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas;
1.7.2 analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition; and
1.7.3 any dispute between the Affiliate and the Operator resulting from this Agreement;
1.8 Delinquent activity means activities which in Our sole opinion is deliberately practiced by an Affiliate in order to secure a real or potential, unfair or unlawful gain;
1.9 Dormant means earning no commission income for a period going back at least 6 months;
1.10 Inactive means delivering no new player accounts for a period going back at least 6 months;
1.11 Intellectual Property means any and all now known or hereafter known tangible and intangible rights associated with works of authorship throughout the world, including but not limited to:
1.11.1 copyright;
1.11.2 trademark and trade name rights;
1.11.3 domain name and rights;
1.11.4 trade secret rights;
1.11.5 patents, designs and algorithms;
1.11.6 all other intellectual property rights of whatever nature however known around the world including logos, distinctive marks and any other unique identifiable feature whether arising by operation of law, contract, licence or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues no or hereafter in force;
1.11.7 no Affiliate may bid on any Pay Per Click search engine service using brand names associated with any of the Fortune Lounge Group Casino, Poker or Bingo brands or Fortune Affiliate program
1.12 Player means:
1.12.1 With reference to the Casinos,
1.12.1.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online casinos defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit from the casino and thereafter wagered at the casino, and whose account hasn't been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.1.2 Total Active Player is defined as: A person who has registered a real account in good faith at one of the online casinos defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit previously from the casino and is wagering at the casino in the current month, and whose account hasn't been locked for delinquent activity. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.2 With reference to the Poker Rooms:
1.12.2.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online Poker Rooms defined herein bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit from the Poker Room and thereafter raked at the poker room, and whose account hasn't been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.2.2 New Qualified Active Player is defined as: A person who has registered a real account in good faith at one of the online Poker Rooms defined herein bearing an electronic tag that identifies him as having been referred by (Affiliate), and has raked at qualifying tables, and whose account hasn't been locked for delinquent activity, all within the same calendar month;
1.12.3 With reference to the Bingo rooms:
1.12.3.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online bingo rooms defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of £10 credit from the bingo room and thereafter raked at the bingo room, and whose account hasn't been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.3.2 Total Active Player is defined as: A person who has registered a real account in good faith at one of the online bingo rooms defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of £10 credit previously from the bingo room and is raking at the bingo room in the current month, and whose account hasn't been locked for delinquent activity. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.4 In all instances, such Player shall be required to be a unique, new, natural person previously unregistered with any account whatsoever with the relevant Casino , Poker Room and/ or Bingo Room;
1.13 Poker CPA means a fixed referral fee paid to an Affiliate for the referral of a Player to a Poker Room. The details of such fees are explained here;
1.14 Poker rake-based commission means variable commission, based upon revenue derived by the Poker Room, paid to an Affiliate for the referral of a Player to a Poker Room. The details of such fees are explained here;;
1.15 Poker Rooms means all of the online poker rooms participating in the Affiliate Program and listed here;
1.17 Us, We, Our means Fortune Affiliates, the exclusive affiliate program provider to The Fortune Lounge Group of online casinos about which more information can be obtained upon Our Website;
1.18 Website means our website located at www.fortuneaffiliates.eu;
Agreement
2.1 These terms and conditions constitute the sole agreement between Us and You.
2.2 By using this Website and/or registering as an Affiliate with the Affiliate Program, You agree to be bound by these Terms and Conditions.
2.3 We may modify any portion of this agreement, at any time, at Our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Registration and Appointment
3.1 In order to enroll for the Affiliate Program You must register by completing and submitting the online form which may be found upon the Website here
3.2 By submitting an application to be registered as an Affiliate, You
3.2.1 warrant that You are over the age of legal majority in Your jurisdiction (meaning that You are over the age required by law in Your jurisdiction for entering into a legally binding contract) and that You are not aware of any lawful impediment precluding You from entering into this agreement;
3.2.2 warrant that the information with which You provide Us upon registration is complete, current, valid and honest;
3.2.3 in the event that you are registering a juristic or corporate entity as an Affiliate, you have the full right, power and authority to enter into this Agreement on behalf of such entity;
3.2.4 warrant that all Your marketing activities adhere to the eCOGRA Generally Accepted Practices (eGAP);
3.2.5 irrevocably agree to be bound by all of the terms and conditions contained herein.
3.3 Upon submission of Your application to become an Affiliate, We shall consider the same and Our decision whether to accept You as an Affiliate or not shall be entirely at Our sole discretion and We shall notify You in a timely manner of Our acceptance or rejection thereof.
3.4 Upon our acceptance of Your application, You will automatically be granted by Us the non-exclusive, non-transferable right to use Our Intellectual Property to direct Players to the Casinos , Poker Rooms and Bingo Rooms in accordance with the terms and conditions of this Agreement.
Affiliate Duties and Responsibilities
4.1 As an Affiliate, You will be responsible for promoting one or more of the Casinos , Poker Rooms and/or Bingo Rooms by implementing the advertising banners and special tracking URL's (provided by Us and identifying all traffic generated by You as having been directed to us by You) on Your websites, in Your e-mails and in other communications.
4.2 The objective of promoting the Casinos, Poker Rooms and/or Bingo Rooms as described in clause 4.1 above shall be to drive or direct Players to the Casinos, Poker Rooms and/or Bingo Rooms, with Your unique URL as the hyperlink thereto. By directing Players in such manner You will be tagging or claiming such Players as your own.
4.3 Only properly tagged Players can be assigned to an Affiliate. Should Your tag be improperly inserted into marketing material, whether Your website or otherwise, or not properly received by the Casino ,Poker rooms and/or Bingo Rooms servers, the resulting Player registration and purchases will not be assigned to You. It is wholly an Affiliates responsibility, to ensure that all referred Players are properly tagged.
4.4 The Casinos, Poker Rooms and/or Bingo Rooms assume ownership of potential Players at point of first official contact with the visitor referred by You. You act as a referring agent for the Casinos, Poker Rooms and/or Bingo Rooms in this regard. The Casinos, Poker Rooms and/or Bingo Rooms reserve the right to refuse Players (or to close their accounts) if necessary to comply with any requirements the Casinos, Poker Rooms and/or Bingo Rooms may periodically establish. In the event that any Players' account/s are suspended or closed by us and subsequently reactivated at a later stage, such Player/s will be reassigned/retagged to You and You will be entitled to earn referral fees in respect of such Player in accordance with the then prevailing commission model applicable to your account.
4.5 Affiliates shall also be entitled to register Second-Tier Affiliates with Us, provided that such Affiliate is a genuine arms-length person and that the referring Affiliate derives no financial benefit whatsoever from commissions paid by Us to a Second-Tier Affiliate. In the case of juristic or corporate persons, the Affiliate shall not be entitled to register as a Second-Tier Affiliate, any entity in which the Affiliate has any shareholding whatsoever. Second-Tier Affiliate described here.
4.6 In the event that you refer a sub-affiliate to the program, you have 90 days in which to confirm that they are tracked to you through one of your banner tags. After this period, we will not map any untracked sub-affiliates back to you and you will not be eligible for earnings lost from sub-affiliates. If you are unsure if a sub-affiliate is tracked to you, please contact your relationship manager.
4.7 Affiliates shall comply with any relevant data protection laws in the jurisdiction in which the Affiliate is domiciled and any jurisdictions in which the Affiliate operates.
Marketing Materials
4.6 Affiliates may only present content approved by Us in respect of the Casinos, Poker Rooms and/or Bingo Rooms upon their websites. Display and/or use of content upon Your website or in Your communications that We, in our sole discretion, deem unsuitable will result in this agreement being terminated immediately. Without derogating from the generality of the a foregoing, content that we deem unsuitable includes, but is not limited to, content aimed at children; and/or containing sexually explicit materials; and/or promoting violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; and/or promoting illegal activities; and/or or violating the intellectual property rights of any third party.
4.7 Notwithstanding anything to the contrary contained in this Agreement, only approved and properly tagged creative materials, supplied by Us from time to time, upon the Website may be used to promote the Casinos, Poker Rooms and/or Bingo Rooms. Advertorials and personal endorsements are permissible but all materials not available upon the Website need to be approved by Us in writing, prior to any use thereof
4.8 We may provide Affiliates with special promotional material and resources from time to time, in order to assist Affiliates to better market the Casinos, Poker Rooms and/or Bingo Rooms and You shall be obliged to make use of such material, as and when such material is made available by Us.
4.9 Affiliates may not modify any banners or other creative material supplied by Us without Our prior written consent. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of the websites of the Casinos, Poker Rooms and/or Bingo Rooms
4.10 Exploitation of 3rd party platforms and services:
In accordance with our anti-spam policy, any Affiliate who abuses or exploits 3rd party platforms including search engines, press release platforms, social media services and other web services that results in unethical or unfair business practice. Banners and links may also not be placed within unsolicited e-mail (spam), unauthorized newsgroup postings, or chat rooms or through the use of "bots". Traffic generated in the a foregoing, or any illegal manner, will:
4.10.1 Not accrue towards the calculation of any commissions payable to You in terms of this agreement. Furthermore, We reserve the right to terminate this agreement immediately if it comes to Our attention that You are 'spamming', falsely advertising or participating in any other form of marketing activity which could discredit the Casinos, Poker Rooms and/or Bingo Rooms and/or Fortune Affiliates. Furthermore, upon suspicion of such conduct We shall be entitled to place your account under review and all funds due to you will be withheld pending an investigation into your account and such activity;
4.10.2 In addition, give Us the right to levy expenses and/or fees incurred as a result of such activity on Your behalf.
General Conduct
4.11 You are not entitled to make any claims, representations, or warranties in connection with Us or the Casinos, Poker Rooms and/or Bingo Rooms other than those specifically made in any marketing material provided by Us and You shall not alter such material or extract portions thereof and shall depict the same in its original format only. In addition, You shall have no authority to, and shall not, bind Us or the Casinos, Poker Rooms / Bingo Rooms to any obligations whatsoever.
4.12 You will not knowingly benefit from any traffic to the Casinos, Poker Rooms and/or Bingo Rooms generated by You in any way whatsoever apart from the activities authorized by Us in terms of this agreement for the benefits due to you in terms of this agreement, whether or not it actually causes Fortune Affiliates or the Casinos, Poker Rooms and/or Bingo Rooms any damage. THIS PROHIBITION EXTENDS TO YOUR OWN USE OF THE CASINOS, POKER ROOMS AND/OR BINGO ROOMS. ACCORDINGLY, YOU WILL NOT BE ENTITLED TO MAKE USE OF THE CASINOS, POKER ROOMS AND/OR BINGO ROOMS FOR YOUR OWN PERSONAL USE UNDER ANY CIRCUMSTANCES FOR THE ENTIRE DURATION THAT YOU REMAIN AN AFFILIATE.
4.13 Should You breach clause 4.12 above or should fraudulent activity (as assessed by Us in our sole discretion to be fraudulent for more information as to what behavior We believe constitutes fraud, please visit the Fortune Lounge Groups general terms and conditions) occur through a Player directed to a Casino, Poker Room and/or Bingo Room as a result of Your marketing efforts, we retain the right to retract the commissions paid to You at any time in respect of such Player. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts, or a portion thereof that we deem fit, (including those legitimately generated) due to You under this Agreement if We have reasonable cause to believe that such traffic has been generated with Your knowledge or to retain a portion thereof.
Fortune Affiliates Responsibilities
5.1 We will provide various marketing materials as referred to in clauses 4.6 and 4.7 above and technical support and assistance with regard to such materials;
5.2 We will register Players and track their purchases and their play where appropriate. .
Commission Payments
5.3 Fortune Affiliates, as agent for the Casinos, Poker Rooms and/or Bingo Rooms, will either pay out:
5.3.1 a commission based on the economic activity generated by each Player, as defined by the Casinos, Poker Rooms and/or Bingo Rooms from time to time, being the Casino activity-based Commission described here or the Poker rake-based Commission described here ; or
5.4 We do not currently offer activity-based earning models (CPA)on casino. Activity-based models are available for our Poker and Bingo Rooms by negotiation only
5.5 Upon registration with Us as an Affiliate, you will automatically be registered as a Casino Revenue Share and Poker Revenue Share earner. If you then wish to amend your commission-earning model to an activity-based model or subsequently vice versa, You may apply to change the same at any time by contacting Us at support@fortuneaffliates.eu.
5.6 Should We approve a change in Your commission-earning model from one of the activity-based models to another activity -based model then commission on all players referred by you (irrespective of when they were referred) shall be determined according to the new model chosen
5.7 Should We approve a change in Your commission-earning model from an activity-based model to CPA-based or vice versa, then commission only on players referred by you subsequent to that change taking effect shall be determined according to the new model chosen. The notification requirement in this instance is the same as that described in 5.3 above.
5.8 We will provide a monthly report to each Affiliate detailing total number of Players referred by such Affiliate, activity generated and commission and/or payments payable to such Affiliate. We will, from time to time, make available such further statistics as we deem to be necessary to enable Affiliates to better promote the Casinos, Poker Rooms and/or Bingo Rooms. We will enable Affiliates to access the report contents online.
5.9 For the purposes of calculating commission earnings, the Affiliate Program month-end is the last day of the month. Commission calculations for the purposes of determining the preceding month's balance are finalized by the 5th day of each month. Payments of commission for the previous month are made by the 20th day after the close of the month and payment information imported into the affiliate system thereafter.
5.10 Commission payments shall be effected by one of the following methods: Wire, Check, NETELLER, Payspark, EcoCard, UseMyWallet or Click2Pay. It is the responsibility of the Affiliate to select the method of payment
5.11 Should a player’s account be locked at their own request, and not for delinquent activity, the revenue of such players will be added back to Your account and the impact may be positive or negative towards your overall earnings, dependent on such player’s wins or losses.
5. 12 We will not pay for advantage, system and incentivised traffic.
Security and Confidentiality
5.13 You will be required, from time to time, to positively verify Your account with Us in order to receive payments due to You. This is to protect both You and Us from fraud. This verification process will require the submission of documents proving identity and physical address details.
5.14 During the term of this Agreement, You may be entrusted with confidential information relating to the business, operations, or underlying technology of the Casinos, Poker Rooms / Bingo Rooms and/or the Affiliate Program (including, for example, referral fees earned by you under the program). You agree not to disclose any of the same to third parties nor to make use of any such confidential information unless You have our prior written consent and You further agree that You will use the confidential information only insofar as it is necessary to further the purposes of this Agreement.
Intellectual Property
6.1 We hereby grant to You a non-exclusive, non-transferable license, for the duration of this Agreement, to use the Casinos, Poker Rooms and/or Bingo Rooms' intellectual-property (licensed, in turn by Us, from its owner) solely for the purposes of furthering Your obligations in terms of this Agreement and solely in connection with the materials provided by Us on the Website. We may terminate this license at any time whatsoever and cancellation of this Agreement will automatically constitute such termination in all instances.
6.2 You shall not have the right to sub-licence the Intellectual Property in any way whatsoever, wither in whole or in part to a third party.
6.3 Ownership of all content displayed upon Our Casino, Poker Room and/or Bingo Room clients' websites remains Our property and shall not be deemed to have been transferred to You through any act or omission in respect of this Agreement .
6.4 You shall not assert the invalidity, unenforceability, or contest the ownership of the Casinos, Poker Rooms and/or Bingo Rooms' intellectual property 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 their intellectual property, render the same generic, or otherwise weaken its validity or diminish their associated goodwill.
6.5 Derivatives of brand names in URLs:
Under no circumstances will we tolerate the registration or use of URLs which contain derivatives of the Casino, Poker or Bingo rooms’ respective brands. Affiliates who exploit brand name derivates in the URLs that they market will be faced with punitive action including, but not limited to, the withholding of payments.
6.6 Copyright infringement:
The content on the Casino, Poker or Bingo sites is copyrighted in various territories. Under no circumstances whatsoever will the duplication of this content in any form be tolerated. Affiliates who infringe on this copyright by republishing content that already appears on any of the Casino Poker or Bingo sites will face punitive action including, but not limited to, the withholding of payments.
Disclaimers, Indemnity and Warranties
7.1 Ownership, content and liability for Your websites are Your sole responsibility. You will be solely responsible for the development, operation, and maintenance of Your website and for all materials that appear on Your website.
7.2 We make no express or implied warranties or representations with respect to the Affiliate Program or commission 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 the Website or the Casino, Poker Room and/or Bingo Room websites will be uninterrupted or error-free and We will not be liable for the consequences of any interruptions or errors.
7.3 Under no circumstances will We 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 Affiliate Program will not exceed the total commission paid to You under this agreement during the 3 (three) months immediately preceding the cause of action giving rise to any claim for damages.
7.4 You hereby indemnify and hold Us and the Casinos, Poker Rooms, Bingo Rooms, licensors, suppliers, contractors, agents and their directors, officers, employees and representatives harmless from and against and and all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to Your performance in terms of this agreement and the development, operation, maintenance, and contents of Your website, notwithstanding that some of such content may have been provided by Us under license to You.
7.5 We reserve the right to withhold and/or claim any funds due to You by Us in exercising Our rights as an indemnified party in terms of clause 7.4 above. Should the funds in Your account be insufficient to cover such damages, we reserve all of Our rights to secure payment including, but not limited to withholding and/or claiming the payment of future commissions due to You by Us until such a time as the damages have been paid.
7.6 Nothing whatsoever in this agreement will create any partnership, joint venture, agency, franchise, sales or employment relationship between You and Us.
7.7 YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT PLAYER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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.
7.8 NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US UNLESS REDUCED TO WRITING AND SIGNED BY BOTH PARTIES. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
MISCELLANEOUS
8.1 This agreement is governed by the laws of England. Any action relating to this Agreement must be brought in terms of such laws.
8.2 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.
8.3 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.
8.4 You may not assign any rights You may have in terms of these Terms and Conditions, by operation of law or otherwise, without Our prior written consent. Subject to this restriction, these Terms and Conditions will be binding on, ensure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.
Term & Termination
9.1 The term of this agreement will begin when You are informed of Your acceptance as a member of the Affiliate Program.
9.2 This agreement shall endure indefinitely until terminated in terms of any termination rights contained herein or until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement shall be terminated immediately. ACCORDINGLY, 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.
9.3 Upon termination, You must remove all Casino, Poker Room and/or Bingo Room banners from Your site and disable any links from Your site to theirs and Ours and You will be entitled only to unpaid commission above the $200 payment threshold, if any, earned by You on or prior to the date of termination. You will not be entitled to commission accruing after the date of termination.
9.4 If you have failed to fulfill Your obligations and responsibilities in terms hereof, We will not pay you the commission otherwise owing to You upon termination.
9.5 We may withhold Your final payment for a reasonable time after termination to ensure that the correct amount is paid.
9.6 If we continue to permit activity (generation of revenue) from Players after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
9.7 Upon termination, You will return to Us any confidential information, and all copies of it in your possession, custody or control.
9.8 “You and Us” 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 that 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
