PLEASE READ THESE SHORTFORM TERMS AND CONDITIONS AND THE FULL VERSION OF THE TERMS AND CONDITIONS FOUND AT WWW.REFERBACK.COM CAREFULLY BEFORE JOINING THE AFFILIATE PROGRAM, BY USING THIS WEBSITE AND/ OR REGISTERING AS AN AFFILIATE WITH THE AFFILIATE PROGRAM, THE AFFILIATE AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE FULL VERSION OF THE TERMS AND CONDITIONS. THEREAFTER, BE SURE TO READ THESE TERMS AND CONDITIONS AND THE FULL VERSION OF THE TERMS AND CONDITIONS PERIODICALLY AS REFERBACK WILL MAKE CHANGES TO THEM FROM TIME TO TIME. THE AFFILIATE WILL BE BOUND BY THESE CHANGES.
1. Upon activation of the Affiliates account, and subject to the English Version of the Terms and Conditions, the Merchant hereby grants to the Affiliate a License for the Term to: (i) acquire and use a Derivative Domain Name/s; (ii) establish, host, publish and market a Derivative Website/s; and (iii) acquire and use the Marketing Material for the exclusive benefit of the Merchant.
2. The Affiliate agrees to receive communication on a regular/adhoc basis from the Referback communicated with the specific intention to assist or help improve the Affiliates referrals to Referback. If the Affiliate prefers not to receive such communication the said Affiliate must opt-out on receiving a communication from ReferBack or let his/her affiliate relationship manager know that no such communication is required in future.
3. The Affiliate acknowledges that the Intellectual Property will at all times remain the property of the Merchant and/or its licensors. The Affiliate acknowledges that it has no claim or right of whatever nature in and to the Intellectual Property, other than those provided in terms of the License.
4. ReferBack will facilitate payment of Commission from the Merchant to the Affiliate based on income/and or new players referred to the Merchant. See paragraph 12 of the English Version of the Terms and Conditions and the Commission Schedule in relation to Commission.
5. The Affiliate hereby accepts the appointment as ReferBack's Affiliate and is bound by the English version of the Terms and Conditions found on www.referback.com
6. The Affiliate will not knowingly benefit from known or suspected traffic not generated in good faith. ReferBack, its Merchant and/or its Licensor has and reserves the right to terminate this Agreement immediately should such activity arise.
7. In the giving of effect his/her membership of the Affiliate Program, the Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.
8. An Affiliate may not be a party (whether directly or indirectly) to any Fraudulent Activity. The Affiliate may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.
9. An Affiliate's membership of the Affiliate Program can be terminated by ReferBack at any time should the Affiliate fail to comply with its obligations in accordance with the English Version of the Terms and Conditions. REFERBACK MAY TERMINATE THIS AGREEMENT IF IT IS DETERMINED AT REFERBACKS SOLE DISCRETION THAT THE AFFILIATES SITE IS UNSUITABLE.
10. The Affiliate and ReferBack are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. The Affiliate shall have no authority to make or accept any offers or representations on ReferBacks behalf.
11. The Affiliate shall defend, indemnify, and hold ReferBack and its Merchants and their electronic cash providers, suppliers, contractors, agents, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees.
12. ReferBack makes no express or implied warranties or representations with respect to the Affiliate Program. ReferBack will not be liable for direct, indirect, special, punitive or consequential damages or for any loss, of any nature whatsoever.
13. These terms and conditions will be governed by the laws of Gibraltar, without reference to rules governing choice of laws. Any action relating to or arising from these terms and conditions and an Affiliate's membership of the Affiliate Program must be brought in Gibraltar and the Affiliate irrevocably consents to the jurisdiction of its courts.
14. NO PURPORTED MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THESE TERMS AND CONDITIONS OR THE COMMISSION SCHEDULE BY THE AFFILIATE ARE PERMITTED OR WILL BE RECOGNIZED BY REFERBACK.
15. The Parties agree that the Merchant and its Licensor shall be a Third Party to these terms and conditions in terms of the Contracts (Rights of Third Parties) Act 1999. The Affiliate acknowledges that it is aware that the Merchant and its Licensors are relying on these provisions and promises made by the Affiliate. Accordingly the Merchant and its Licensors may enforce the provisions of these terms and conditions as if it were a party hereto.
NOTE THAT THE FULL VERSION OF THE TERMS AND CONDITIONS CONTAINS SOME IMPORTANT ADDITIONAL TERMS.
All terms are used as defined in the Full Version of the Terms and Conditions. In the event of a difference or conflict between these terms and conditions and the Full Version of the Terms and Conditions, the Full Version of the Terms and Conditions shall prevail.
