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AFFILIATE - AGREEMENT
 


AFFILIATES
AFFILIATE PROGRAMME TERMS AND CONDITIONS
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 Raceclubs.com affiliate programme ("the programme") and the relationship between Raceclubs.com ("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 Raceclubs.com website located at http://www.raceclubs.com.

Once you have been notified by Raceclubs.com 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 Raceclubs.com.

IF YOU WISH TO PARTICIPATE IN THE Raceclubs.com AFFILIATE PROGRAMME YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS. BY ACCEPTING Raceclubs.com'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 Raceclubs.com WITHOUT PRIOR NOTICE. MATERIAL AMENDMENTS TO THESE TERMS AND CONDITIONS WILL BE POSTED ON THE Raceclubs.com WEBSITE. Raceclubs.com RESERVES THE RIGHT IN ITS ABSOLUTE DISCRETION TO REFUSE ANY APPLICATION TO PARTICIPATE IN THIS AFFILIATE PROGRAMME.

In this Agreement:
Raceclubs.com

Means the operator of the Raceclubs.com website.

"Referral Party"

Means the company or person who is the other party to this Agreement (also referred to as "you" or "your" hereinafter).

Rights and Obligations of Raceclubs.com

1.1 Register your Customers
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 Raceclubs.com, 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 Raceclubs.com rules, policies, and operating procedures will apply to them.
1.2 Track Customers' Play
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 Raceclubs.com website. Access to these reports will be available through the “Affilaite” section of the affiliate manager by using the required login details.
1.3 Pay a Commission
We will pay you the monthly commission as set out in clause 3.1 Your Rights and Obligations
1.4 Prohibition of certain affiliates

Raceclubs.com reserves the right, in its sole discretion, to refuse to accept or to terminate any affiliate partnership that:

  • Diverts members away from the Raceclubs.com website to any other website.
  • Is deemed to be utilising Raceclubs.com'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 Raceclubs.com's trade marks or otherwise include the word Raceclubs.com or variations thereof, or include metatags on the affiliate website which are identical or similar to any of Raceclubs.com's trade marks.
  • Contains content on the affiliate website that is considered defamatory or incites negativity towards Raceclubs.com or any of its members. This includes content which may be construed as an attack or an invasion of privacy for any Raceclubs.com member.
2.1 Linking to Raceclubs.com
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 Raceclubs.com 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 Raceclubs.com. You may only promote Raceclubs.com by another method with our prior written consent. You shall not make any claims, representations, or warranties in connection with Raceclubs.com and you shall have no authority to, and shall not, bind Raceclubs.com 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".
2.2 Commercial Relationship
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.
2.3 Approved Layouts of links
Links must be used as supplied and you may not alter their appearance. You must not refer to Raceclubs.com in any marketing materials unless prior authorisation has been obtained from Raceclubs.com. The appearance and syntax of links are designed and designated by Raceclubs.com and constitute the only authorised and permitted representation of the Raceclubs.com site.
2.4 Responsibility for Your Site
  • 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.
  • You must make it clear to your website visitors that any virtual racing guides for new Raceclubs.com 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 Raceclubs.com, and that such published information should be utilized at your visitors’ own discretion.
2.5 Right to use Marks
Each party will retain all right, title and interest in and to its trademarks, service marks and trade names worldwide. Raceclubs.com 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.
3.1 Commission

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 Raceclubs.com 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 Raceclubs.com has paid you in respect of such receipts Raceclubs.com shall be entitled to deduct the amount due from you from any amount it may owe you in the future.

3.2 Commission Payment

Raceclubs.com 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 Raceclubs.com website.

All payments to you shall be made using your choice of one of the following three methods:

  1. Paid into your Neteller account.
  2. Paid into your Moneybookers account.
  3. Paid via Wire Transfer (minimum payout starts at $500).

Contact the Raceclubs.com Affiliate Team if you wish to discuss alternative payment methods.

Raceclubs.com will be deducting charges associated with affiliate payments based on the minimum payout you choose, as follows:

Option 1 - Minimum Payout of $60

  1. Paid into Neteller account: 2.5% of the transferred amount.
  2. Paid into Moneybookers account: 2.5% of the transferred amount.

Option 2 - Minimum Payout of $150

  1. Paid into Neteller account: 2% of the transferred amount.
  2. Paid into Moneybookers account: 2% of the transferred amount.

Option 3 - Minimum Payout of $500

  1. Paid into Neteller account: 1.5% of the transferred amount.
  2. Paid into Moneybookers account: 1.5% of the transferred amount.
  3. Paid into Wire Transfer: $55 per transfer.

Option 4 - Minimum Payout of $1000

  1. Paid into Neteller account: no charge.
  2. Paid into Moneybookers account: no charge.
  3. 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 Raceclubs.com’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 Raceclubs.com Affiliate Team for more details.

4.1 Term and Termination
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, Raceclubs.com 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.
4.2 Upon termination
  • You must remove and disable all links from your website to our website.
  • All rights given to you in these terms and conditions shall terminate immediately.
  • 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.
  • 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.
  • We may withhold your final payment of your Commission for a reasonable time to ensure that the correct amount of Commission is paid.
  • 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.
  • 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 Raceclubs.com.
5. Non-Disclosure And Non-Solicitation

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 Raceclubs.com 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 Raceclubs.com, 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 Raceclubs.com in writing. You shall not solicit any agreement with any other licensee or licensor/supplier of the gaming software utilised by Raceclubs.com 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 Raceclubs.com on an exclusive basis during this period.

6. Relationship of Parties
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 Raceclubs.com. 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. .
7. Indemnity
You shall defend, indemnify, and hold Raceclubs.com 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.
8. Disclaimers
We make no express or implied warranties or representations with respect to this programme, Raceclubs.com 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.
9. Limitation of Liability
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.
10. Independent Investigation
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.
11. Prohibited Activities
Any affiliate, which has registered on the Raceclubs.com affiliate program is prohibited from utilising the content or races on Raceclubs.com for any other purpose other than directing customers to Raceclubs.com 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 Raceclubs.com.
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Raceclubs.com 54th Racing Season - 1 April to 31 July 2019

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