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Heroes Affiliate Terms and Conditions
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD BANNERS, TEXT LINKS, PROMOTIONALCOPY OR ANY INFORMATION PERTAINING TO ANY CLIENT OF HEROES FAMILY.
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.
Registration of Customers
Heroes will register your customers and will track their purchases and plays. We reserve the right to refuse Customers (or close their accounts) if necessary to comply with any requirements we may periodically establish.
Tracking of Customers
The tracking of your Customers will be done by Heroes and reports will be available in detail on the Heroes Affiliate website. http://www.heroesaffiliates.com.
Agreement Modifications
Heroes may modify any terms and conditions contained in this Agreement, at any time and in our sole discretion, posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the form of available referral fees, fee schedules, payment procedures and referral program rules. Affiliates will be notified of modifications by email to the email address provided upon signup.
Spam
Heroes does 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 Heroes is liable to incur expenses in dealing with spam generated mail and such expenses will be deducted from your account should Heroes seek recourse. In this case the amount determined by Heroes 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 with Heroes Affiliates. Should these expenses not be covered by funds in your account we reserve the right to investigate alternative means for obtaining payment including instituting legal action against you for unpaid amounts.
Banner Posting and False Advertising
By agreeing to participate with the Heroes Affiliate program, you are agreeing to download, text or promotional materials and place it on your site, utilize it within email or print. These are the sole methods by which you may advertise on behalf of Heroes Casino. We will terminate this agreement immediately if there is any form of spamming or if you discredit Heroes through false advertising, written or uttered word. You have no authority to, and shall not bind Heroes to any obligations.
Layouts
Without Heroes prior written approval, you will only use our approved banners and links and will not alter their appearance. The appearance and syntax of the hypertext transfer links are designed by Heroes and constitute the only authorized and permitted representation of Heroes Casino.
Confidential Information
During the term of this agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of Heroes Affiliate program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purpose of this Agreement. Your obligation with respect to Confidential Information shall survive the termination of this agreement.
Fee Schedule & Payment Schedule Affiliate payments will be made on a monthly basis on the 20th work day of each
month for the previous months affiliate revenue.
When commissions are calculated Charge backs, Player Comps (such as daily cash back rewards) are deducted from the total Gross Gaming Revenues and are calculated as follows: (Casino Net Win) – (Payer Comps + Charge backs + Adjustments) / (100*Your Commission Percentage)
All payments are done through Heroes Casino cashier and normal payout fees apply.
Affiliate Commission Structure
| $10,000.00 |
30% |
Up To $3,000 |
| $10,000.01 to $20,000.00 |
35% |
Up To $7,000.00 |
| $20,000.01 to $30,000.00 |
40% |
Up to $12,000.00 |
| $30,000.01 to $50,000.00 |
45% |
Up to $22,000.00 |
| $50.000.00 |
50% |
Unlimited |
Sub-Affiliate Commission
By signing up sub-affiliates under an affiliate account you are automatically registered as a Master Affiliate. Master Affiliates earn 5% of the net revenue of their sub-affiliates with no negative carryover.
CPA
Not offered at this time.
Termination
The term of this agreement will begin when you download a banner and link it to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the agreement, in which case the Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. In particular, Heroes may terminate this agreement without notice if we determine that your site is unsuitable. Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote illegal activities, or violate intellectual property rights.
Notification of termination delivered via email is considered a written and immediate form of notification.
In the event of termination you must remove all Heroes casino banner(s) from your site and disable any links from your site to ours.
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. Heroes may withhold your final payment for a reasonable time to ensure that the correct amount due is paid.
You will not be entitled to referral fees occurring after the date of termination.
All rights and licenses given to you in this agreement shall immediately terminate.
If you have failed to fulfill your obligations and responsibilities, Heroes will not pay you the referral fees otherwise owing to you on termination.
If we Heroes continues 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 Heroes 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 designation of Heroes Casino.
You and Heroes will be released from all obligations and liabilities to each other occurring or arising after the date of termination, except with to the 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 liability arising from breach of this agreement which occurred prior to termination.
Indemnity
You shall defend, and hold our clients and their electronic cash provider, Heroes Affiliates, 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 or 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 negligence or intentional acts or omissions, or the unauthorized use of our banners and link(s) or this affiliate program.
Chargebacks & E-Check ISF
A charge back occurs when a gaming customer disputes the charge to their credit card and the original deposit is reversed and the gaming merchant does not collect the funds.
An E-Check ISF (insufficient funds) occurs when a gaming customer does not have adequate funds in their checking account or disputes a previous transfer and the merchant does not collect the funds.
Affiliates will only be paid on revenues that the merchant is able to collect. Affiliates will not be paid a commission on fraudulent or reversed transactions. Any reversals will be detailed in your affiliate reports.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMERS REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDANTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FOR IN THIS AGREEMENT.
Governing Law
This agreement will be governed by the laws of Curacao, Netherlands Antilles, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Curacao and you irrevocably consent to the jurisdiction of its courts.
Last Updated July 2nd 2008
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