| AFFILIATES |
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Introduction
The following terms and conditions and any schedules and/or
annexures hereto ("these terms and conditions")
are the complete terms and conditions regulating the Virtual Owner
affiliate programme ("the programme") and the relationship
between Virtual Owner ("we" or "us") and
its affiliates. In terms of the programme you may place a link to our website on
your website, or a link from e-mail that directs customers
to the Virtual Owner website located at http://www.atrvirtualowner.com.
Once you have been notified by Virtual Owner
of your acceptance to participate in the affiliate program, we will send
you the marketing material along with a unique tracking string code that
will identify your directed customers when they register as members on
Virtual Owner.
IF YOU WISH TO PARTICIPATE IN THE Virtual Owner
AFFILIATE PROGRAMME YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS.
BY ACCEPTING Virtual Owner'S MARKETING MATERIAL AND UNIQUE TRACKING
STRING CODE YOU ARE REPRESENTING THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
THIS AGREEMENT IS SUBJECT TO CHANGE BY Virtual Owner WITHOUT
PRIOR NOTICE. MATERIAL AMENDMENTS TO THESE TERMS AND CONDITIONS WILL BE
POSTED ON THE Virtual Owner WEBSITE. Virtual Owner RESERVES
THE RIGHT IN ITS ABSOLUTE DISCRETION TO REFUSE ANY APPLICATION TO PARTICIPATE
IN THIS AFFILIATE PROGRAMME.
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Virtual Owner
Means the operator of the Virtual Owner website.
"Referral Party"
Means the company or person who is the other party to this
Agreement (also referred to as "you" or "your" hereinafter).
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Customers accessing and registering as a customer
on our site through the link from your site, provided that such customer
is not already registered as a customer with Virtual Owner, will be referred to as your directed customers
("your directed
customers"). We reserve the right to refuse your directed customers (or to close
their accounts) if necessary to comply with any requirements we may periodically
establish. By accessing and registering as a customer on our site,
they will become our customers and, accordingly, all Virtual Owner
rules, policies, and operating procedures will apply to them. |
We will track your directed customers' play and reports summarising your directed
customers' activity will be available for inspection on the affiliate
section of the Virtual Owner website. Access to these reports
will be available through the “Affilaite” section of the affiliate
manager by using the required login details. |
| We will pay you the monthly commission as set out in
clause 3.1 Your Rights and Obligations |
Virtual Owner reserves the right, in
its sole discretion, to refuse to accept or to terminate any affiliate
partnership that:
- Diverts members away from the Virtual Owner website
to any other website.
- Is deemed to be utilising Virtual Owner's
links in an improper manner. This includes copying directly on any search engines or pay per click
websites,resulting in the traffic not being diverted through the affiliate website first.
- Purchases or registers keywords, search terms or other identifiers for use in any search engine, portal,
sponsored advertising service or other search or referral service and which are identical or similar to any of
Virtual Owner's trade marks or otherwise include the word Virtual Owner or variations thereof, or
include metatags on the affiliate website which are identical or similar to any of Virtual Owner's trade marks.
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Contains content on the affiliate website that is considered defamatory or incites negativity towards Virtual Owner or any of its members.
This includes content which may be construed as an attack or an invasion of privacy for any Virtual Owner member.
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You agree to create a unique
hypertext link from your site to our site using banners, button,
icons, text links or other
links ("the link"). You may place as many links on your
website as you wish. All links to Virtual Owner will come from a website owned
or controlled by yourself. You will comply with any of our requirements
with regard to the links. All matters or issues relating to the
links
are for our sole discretion. Linking to our site from your site with
a link is the only method by which you may promote Virtual Owner. You may only promote
Virtual Owner by another method with our prior written consent. You shall not make any claims, representations,
or warranties
in connection with Virtual Owner and you shall have no authority to, and
shall not, bind Virtual Owner to any obligations. You undertake
to NOT actively promote our site to a customer who you know resides
in a
territory that recognises direct marketing of gaming activities to
be unlawful.These terms and conditions will terminate immediately
if there is any form of spamming, if banners and links are placed
within unsolicited e-mail, unauthorized newsgroup postings, or chat
rooms or through the use of "bots". |
By you agreeing to these terms and conditions, we grant you the
non-exclusive right to direct customers to our site and services, if done
in accordance with these terms and conditions. These terms and conditions
do not grant you an exclusive right or privilege in the provision
of services arising from you or other affiliates of yours and nothing
in these terms and conditions may be construed as limiting our ability
to enter into agreements with third parties covering similar subject
matter. You shall have no claims to fees or other compensation on
business secured by or through persons or entities other than yourself.
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Links must be used as supplied and
you may not alter their appearance. You must not refer to Virtual Owner
in any marketing materials unless prior authorisation has been obtained
from Virtual Owner. The appearance and syntax of links are designed
and designated by Virtual Owner and constitute the only authorised
and permitted representation of the Virtual Owner site. |
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You will be solely responsible for the development,
operation, and maintenance of your site, for all materials that appear
on your site and ensuring that the link works correctly. You are solely
responsible for ensuring and you warrant that materials posted on
your site are not by law, defamatory, obscene, profane or pornographic
or in any way violate any applicable law. To the extent permitted
by applicable law, we disclaim all liability for these matters. You
will indemnify, hold harmless and, at our request, defend us from
and against any claims, damages, and expenses (including, without
limitation, reasonable attorneys' fees) relating to your obligations
in terms of this clause.
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You must make it clear to your website visitors that any virtual racing guides for new Virtual Owner players,
particularly those containing training information, which you may choose to publish on your affiliate
website are of the creator’s opinion and not the expressed views of members in general or
of Virtual Owner, and that such published information should be utilized at your visitors’ own discretion.
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Each party will retain all right, title and interest
in and to its trademarks, service marks and trade names worldwide.
Virtual Owner hereby grants to you a non-exclusive,
non-transferable right, during the term of these terms and conditions,
to use its trademarks, service marks and trade names solely in connection
with these terms and conditions. These rights cannot be assigned or
otherwise transferred by you. Neither of us shall assert the invalidity,
unenforceability, or contest the ownership of the trademarks, service
marks and trade names of the other party in any action or proceeding
of whatever kind or nature, and shall not take any action that may
prejudice the other's rights in the trademarks, service marks and
trade names, render the same generic, or otherwise weaken their validity
or diminish their associated goodwill. |
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In consideration for complying with your obligations with regard to these terms and conditions you will earn a Commission in accordance with one of two commission structure options offered.
If you choose the Bounty Structure the Commission will be equal to $30 for the first $30 cash deposited and spent on Virtual Owner from each of your directed customers.
Alternatively, if you choose the Percentage Structure the Commission
will be equal to a percentage of the lifetime net cash deposited and spent
less any sponsored credits won and then subsequently played by your directed
customers, based on the time period since you directed the customers,
as follows: 50% for the first 0 - 1 months, 40% for 2 - 3 months, 30%
for 4 - 6 months, 20% for 7 - 12 months and 10% for 13 or more months
thereafter.
All charge backs, or receipts which cannot be recovered from
your directed customers as a result of a credit card company rescinding
or rejecting the transaction, will be deducted from your commission. In
the event that Virtual Owner has paid you in respect
of such receipts Virtual Owner shall be entitled to
deduct the amount due from you from any amount it may owe you in the future.
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Virtual Owner
will pay you the Commission as per the online report within 30 days of
the report date. If the Commission for one month is less than the minimum
payout you have selected, the amount will be carried over to the next month. The amount will only be paid out to you when
the balance exceeds your minimum payout choice.
Only properly tagged customers
can be assigned to you. Should an affiliate tag be improperly inserted
into the affiliate site or not properly received by our server the resulting
customer registration and purchases will not be assigned to you. Therefore
it is your responsibility to ensure your links are properly tagged.
No commission will be payable on revenue earned
by affiliate webmasters who play on the Virtual Owner website.
All payments to you shall be made using your choice of one of the following three methods:
- Paid into your Neteller account.
- Paid into your Moneybookers account.
- Paid via Wire Transfer (minimum payout starts at $500).
Contact the Virtual Owner Affiliate Team if you wish to
discuss alternative payment methods.
Virtual Owner will be deducting charges associated with affiliate
payments based on the minimum payout you choose, as follows:
Option 1 - Minimum Payout of $60
- Paid into Neteller account: 2.5% of the transferred amount.
- Paid into Moneybookers account: 2.5% of the transferred amount.
Option 2 - Minimum Payout of $150
- Paid into Neteller account: 2% of the transferred amount.
- Paid into Moneybookers account: 2% of the transferred amount.
Option 3 - Minimum Payout of $500
- Paid into Neteller account: 1.5% of the transferred amount.
- Paid into Moneybookers account: 1.5% of the transferred amount.
- Paid into Wire Transfer: $55 per transfer.
Option 4 - Minimum Payout of $1000
- Paid into Neteller account: no charge.
- Paid into Moneybookers account: no charge.
- Paid into Wire Transfer: $40 per transfer.
All payments are based on United States dollars. The Net Cash and the
Commission shall be determined in accordance with Virtual Owner’s
applicable accounting methods.
Please Note: Due to US legislation issued in 2006, certain
payment methods are not available to US residents. Please contact the Virtual Owner
Affiliate Team for more details.
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The term of the agreement, governed by these terms and conditions will begin
when you create a link to our website and will be continuous unless
and
until either party notifies the other in writing that it wishes to
terminate such agreement. in such case this terms
and
conditions 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. Therefore, Virtual Owner may
terminate this agreement if we determine (in our sole
discretion) that your site is unsuitable. Unsuitable sites include amongst others
those that: are aimed at minors, display pornography or other illegal
sexual acts, promote violence, promote discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age,
promote illegal activities or violate intellectual property rights.
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You must remove and disable all links from your website to
our website.
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All rights given to you in these terms and conditions shall
terminate immediately.
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You will be entitled only to those unpaid Fees due to you,
if any, earned by you on or prior to the date of termination.
You
will not be entitled to Commissions relating to play by your
directed customers occurring after the date of termination.
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You will not be entitled to Commissions otherwise due and owing
to you on termination, if you have failed to fulfil your obligations
and responsibilities as contained herein.
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We may withhold your final payment of your Commission for a
reasonable time to ensure that the correct amount of Commission
is paid.
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If we continue to permit play from your directed customers after
termination, this will not constitute a continuation or renewal
of this agreement or a waiver of termination.
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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 or intellectual property of Virtual Owner.
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During the term of this agreement,
you may be entrusted with written or oral confidential information
which may be disclosed to you relating to the business, operations,
or underlying technology of Virtual Owner
and/or this programme, including without limitation Commissions
earned by you under the programme ("Confidential Information").
You agree to prevent disclosure or unauthorised use of the Confidential
Information to third persons or outside parties unless you have
our prior written consent. You will use the Confidential Information
only for purposes necessary to further the purposes of these terms
and conditions. Your obligations with respect to Confidential
Information
shall survive the termination of these terms and conditions. On
termination of these terms and conditions, you shall return all
documents containing any Confidential Information in your possession
to Virtual Owner, including any copies made
thereof.
You will not use or exploit Confidential Information for your own
benefit or that of any third party and may make only such use of
the Confidential Information as is contemplated by these terms and
conditions or specifically authorised by Virtual Owner
in writing. You shall not solicit any agreement with any other licensee
or licensor/supplier of the gaming software utilised by
Virtual Owner to operate its internet site both during
or within 12 (twelve) months after termination of these terms and
conditions, and undertake the agreement in respect of these terms and conditions with Virtual Owner
on an exclusive basis during this period. |
You are an independent contractor, and nothing
in these terms and conditions will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship
with Virtual Owner. 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 or these terms and conditions. . |
You shall defend, indemnify, and hold Virtual Owner
and its electronic cash provider, 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 these terms and conditions, (b) the performance of your duties
and obligations under these terms and conditions, (c) your negligence
or (d) any injury caused directly or indirectly by your negligent
or intentional acts or omissions, or the unauthorised use of the links
or this programme. |
We make no express or implied warranties or representations
with respect to this programme, Virtual Owner
or affiliate 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 our site will be uninterrupted
or error-free and will not be liable for the consequences of any
interruptions
or errors. |
We will not be liable for direct, indirect, special, or
consequential damages including without limitation any loss of revenue,
profits, or data, arising in connection with these terms and conditions,
even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to these terms
and conditions
and the programme will not exceed the total Commission actually paid
to you in the immediately preceding 12 (twelve) month period under
these
terms and conditions. Nothing in these terms and conditions shall
be construed to provide any rights, remedies or benefits to any person
or entity not a party to these terms and conditions. Our obligations
under these terms and conditions do not constitute personal obligations
of our directors, officers or shareholders. |
You understand that we may at any time (directly
or indirectly) solicit agreements with other parties on terms that
may differ from those contained in these terms and conditions or work
with web sites that are similar to or compete with your web site.
You have independently evaluated the desirability of participating
in this programme and are not relying on any representation, guarantee,
or statement other than as set forth in these terms and conditions.
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Any affiliate, which has registered on the Virtual Owner
affiliate program is prohibited from utilising the content or races
on Virtual Owner for any other purpose other than directing
customers to Virtual Owner in return for a percentage
revenue share on the net revenue generated by these directed customers.
Any other revenue generating activities which make use of our content
or races, such as betting, sale of our content, and sale of branded
merchandise, are strictly prohibited unless agreed to in writing
with Virtual Owner. |
| Please click on the “Next” button to Join. |
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Kiron Interactive (Pty) Ltd is licensed and regulated in Great Britain by the Gambling Commission (“UKGC”) under account number 11572. Peer-to-peer skills games, where prizes of money's worth may be won, fall under the ambit of the UKGC for UK players. All game activity by players from elsewhere in the world, where such skills games are not regulated under any local regulation, do not fall within the UKGC licence. We do, however, operate the game according to the principles of the UKGC regulation for all players. |
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