Reefer Partners Terms and Conditions
SERVICE
AGREEMENT. To be a member of the REEFER PARTNERS 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 REEFER PARTNERS
affiliate program service. By completing the signup page and using the REEFER
PARTNERS 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 REEFER PARTNERS affiliate program service.
This Service
Membership Agreement (the "Agreement") is made by and between Reefer Group Limited. (administrator of www.ReeferPartners.com)
and you, as user of the REEFER PARTNERS service ("You" or
"Member"). Reefer Group Limited
has developed and administers a service called Reefer Partners (the
"Service") that allows Web sites to run and/or participate in
affiliate partner programs. As a user of the REEFER PARTNERS 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.ReeferPartners.com website, or other brands that may
be introduced from time to time. REEFER PARTNERS will provide email (affiliates@ReeferPartners.com)
support for the service. DEFINITIONS "Affiliate Partner"
(‘Partner’) means a company or individual that is rewarded by Reefer Partners
for generating revenue for placing Reefer Partners hyper links on it’s and/or
associated web sites.
“Card processing fee” 6% of all successful card deposits
“Net Revenue” means rake generated plus tournament fees paid plus casino game
losses minus chargebacks, casino wins and processing fees.
“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 Reefer Partners to affiliate partner. To
be eligible to collect Commission Fees, the affiliate partner must be actively
promoting Reefer Partners in a visible location. Reefer Partners is not
obligated to continue to pay commission fees to affiliates that have ceased to
actively promote Reefer Partners. In line with European money laundering
regulations identification needs to be received for any affiliates earning
amounts over 2,000 Dollars, or series of transactions that may exceed 2,000
Dollars
“Free player
bonus” means an amount of money given to players by REEFER PARTNERS 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.ReeferPartners.com) that rewards
Affiliate Partners for generating net revenue on their sites.
"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 REEFER PARTNERS 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 poker site directly through a Link, opens a new user account
and makes the required minimum deposit in such account, and plays on the 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.
For affiliates working on the Casino Real New Player Scheme (CPA Agreement)
eligible players must earn a minimum number of VIP points.
NET REVENUE
SHARE SCHEME:
CASINO NET REVENUE PER MONTH % OF NET REVENUE
0 - 20,000 DOLLARS ---------------------- 30%
20,001-50,000 DOLLARS ----------------- 35%
50,001+ DOLLARS ----------------- 40%
NOTE THAT
CPA AGREEMENTS (CASINO REAL NEW PLAYER SCHEME) ARE SUBJECT TO APPROVAL BY REEFER
PARTNERS AFFILIATE MANAGEMENT PRIOR TO BEING IMPLEMENTED.
Affiliate
commission fees will be a percentage of the ‘Net Revenue’. REEFER PARTNERS pays
a commission fee on net revenue generated by the affiliate. An affiliate’s
monthly payable balance is automatically reset to 0 Dollars at the beginning of
each calendar month, thus ensuring that any negative balances are not carried
forward.
1.2 COMMISSION PAYMENTS AND FEES AFFILIATES ARE PAID BY REEFER PARTNERS
LTD BY THE 10TH OF THE MONTH FOLLOWING THE MONTH THEY ARE EARNED IN ONCE THE
BALANCE EARNED REACHES 50 DOLLARS. AFFILIATE BALANCES THAT ARE UNDER 50 DOLLARS
WILL BE CARRIED OVER TO THE NEXT MONTH. YOU CAN RECEIVE YOUR PAYMENT
VIA MONEYBOOKERS, BANK WIRE TRANSFER, PLAYER ACCOUNT, OR CHECK (CHEQUE) IN
$USD CURRENCY. MONEY CREDITED TO YOUR ACCOUNT DOES NOT ACCRUE INTEREST. SOME
PAYMENT METHODS WILL BE SUBJECT TO FEES AND HIGHER MINIMUMS. 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. Reefer Partners reserves the right to withhold
affiliate payments which they deem to of a suspicious nature. By suspicious we
mean the following: if Reefer Partners determines, or suspects, that a
transaction is suspicious and involves or may involve financial crime or
similar activity, Reefer Partners reserves the right to retain the amount of
that transaction and any other transaction made by you.
1.3 TIERED AFFILIATE FEES Affiliates will also earn 5% on commission
fees generated by Affiliates you have referred to the REEFER PARTNERS affiliate
program (Second Tier Affiliates). Third Tier Affiliates will earn 2% on
commission fees generated by Affiliates you’ve referred to the REEFER PARTNERS
affiliate program. NOTE THAT NEITHER YOU NOR YOUR RELATIVES CAN NOT EARN BOTH
PRIMARY AND SECONDARY REVENUE ON THE SAME PLAYER ACCOUNTS.
3.1 REGISTRATION To sign up as a Member of REEFER PARTNERS 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 REEFER
PARTNERS:
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 REEFER PARTNERS 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 REEFER PARTNERS may rely on any data, notice,
instruction or request furnished to REEFER PARTNERS by you that is reasonably
believed by REEFER PARTNERS to be genuine and to have been sent or presented by
a person reasonably believed by REEFER PARTNERS to be authorized to act on your
behalf. You shall notify REEFER PARTNERS by e-mail at affiliates@Reefer Partners.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 REEFER PARTNERS
and commission to the appropriate authorities in the relevant country.
3.3
AFFILIATES ARE NOT PERMITED 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 REEFER PARTNERS. ALL
OFFLINE PROMOTION OF REEFER PARTNERS MUST BE APPROVED IN ADVANCE BY THE REEFER
PARTNERS 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 Reefer Partners 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 REEFER PARTNERS. 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 REEFER PARTNERS 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 REEFER PARTNERS offers in the form of emails to people under
the age of 18.
4. I agree
not to send any REEFER PARTNERS 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. REEFER
PARTNERS 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 REEFER PARTNERS 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 REEFER PARTNERS for that Link. REEFER PARTNERS
reserves the right to deem any site inappropriate and may terminate the site
immediately as an Affiliate Partner member of REEFER PARTNERS. If you are
terminated from the Service, REEFER PARTNERS 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, REEFER
PARTNERS disclaims all warranties express or implied, including, but not
limited to, implied warranties of REEFER PARTNERS ability and fitness for a
particular purpose, in relation to the service, its use and the results of such
use. Without limiting the foregoing, REEFER PARTNERS 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 REEFER PARTNERS 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 REEFER PARTNERS service or any information provided on the
REEFER PARTNERS 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 REEFER PARTNERS or a REEFER PARTNERS 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, REEFER PARTNERS
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 REEFER
PARTNERS is the neutral host of the Service and has no responsibility or
liability in relation to the arrangements that you enter into with REEFER
PARTNERS as part of your use of the Service. REEFER PARTNERS and Affiliate
Partners jointly and severally agree to indemnify, defend, and hold harmless REEFER
PARTNERS 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 REEFER PARTNERS hereby grants to you a non-exclusive,
non-transferable license, during the term of this Agreement, to use REEFER
PARTNERS 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 REEFER PARTNERS 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. REEFER PARTNERS 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. Reefer Partners 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 REEFER PARTNERS, 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. REEFER PARTNERS 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, labour 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 Malta.
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 REEFER PARTNERS 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.
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