The following agreement constitutes the entire terms and conditions governing your participation in Apex Affiliates Affiliate Program. Definitions:
“Affiliate”, “You”, and “Your” refer to you, the applicant;
“We”, “Our”, and “Us” refer to Apex Affiliates;
“Referring Website” refers to the website from which you link either to our Client’s website or to Apex Affiliates;
“Services” refers collectively to our Affiliate Program, Clients, Casino, and Online Gaming Services.
Referring Website: Affiliates may provide links from Referring Websites to our clients’ website and they will earn referral fees that you may find below. You can remove said link from a Referring Website and re-link to one of our clients’ website at any time and with no prior approval. Affiliates are not allowed to display our name or link in any way that might harm us or be misleading for the customer.
You are not allowed to link to our clients’ websites if the Referring Website is one that promotes spam as defined and described in this Agreement, pornographic material, violence, illegal activities such as software piracy, or discrimination based on race, gender, religion, national origin, physical disability, sexual orientation, or age.
We reserve the right, but hold no obligation to put the graphics and logos which are linked to our clients’ websites and used on referral websites under pre-approval. You must annotate your site with appropriate copyright, trademark and other similar signs. If you put in your marketing and advertising materials information concerning bonus levels or free money you must be sure they reflect the current levels.
We reserve the right, but hold no obligation to monitor the Affiliate’s Referring Website at any time to determine and ensure your compliance with our terms and conditions. We also reserve the right, but hold no obligation to approve at out discretion, any promotional, advertising or marketing item used by the Affiliate. You must make all deletions or changes we suggest on any website where our services are mentioned.
We reserve the right to take over new clients’ marketing material and to promote them through the affiliate program at any given time. In case of new and upcoming clients we will do our best to inform you about them, but it is your full responsibility to stay updated about them. We are not responsible for any previous debt or issues the new clients might have prior to our partnership. In the event we decide to take responsibility for those debts and issues we will need access to the old affiliate marketing program stats and info. Nonetheless, it will be decided on a case by case basis within a specified timeframe from the takeover date (up to 6 months).
No Frames: Under no circumstances may you put our Clients’ websites in frames.
Referral URL: You are the only one responsible for ensuring that you are using your assigned URL in advertising and you agree that we calculate referral fees according to that URL.
No Spamming: We prohibit the promoting of our services via unsolicited email and you agree not to reference our name in any way, shape, or form in any e-mails you are sending which the recipient has not asked or agreed to receive. Regarding e-mails sent by third parties on your behalf; you acknowledge and accept it is your full responsibility to perform due diligence to ensure the mailing lists are 100% accurate. You may not link to our Clients’ websites through any URL promoted via unsolicited mail. You may reference our name in discussion groups and social networks such as Facebook and Twitter as long as you do not violate terms and conditions for such participation.
You agree that we will terminate your partnership with us and withhold any referral fees if you are found to have violated this policy.
Qualifying Services: All Services sold by us to customers who originate from your Referring Website or your Referral URL qualify to earn referral fees as described below. Our clients reserve the right to reject purchases that do not comply with their policies. You will not receive referral fees when the purchase is made directly or indirectly by the customer him/herself or by any person who is directly or indirectly related to the affiliate in a personal or professional capacity. You will not receive a referral fee if you make the purchase in the name of the customer. You will not receive a referral fee if you are to be found guilty of stealing 3rd party content with the intention to steal any potential income of another Apex Affiliates affiliate.
Referral Fee Amounts: All payments that were made by your referred customers for services that are provided by properties run under our Marketing Affiliate Program will bring you a referral fee on the collective Net Gaming of all properties, having the following rate structure:
Net Gaming = Deposits/month – Withdrawals/month – Charge backs/month Monthly Net Gaming
0 – $9,999 Rate 30%
$10,000 – $24,999 Rate 35%
$25,000 + Rate 40%
The Monthly Rate is calculated at the end of each calendar month according to the Net Gaming for the respective month across all websites.
No negative balances carry over: When we calculate your commission, if at the end of a calendar month your Affiliate account balance is negative, said balance will be set to zero if it is due to player winnings or noncash items. If the negative balance is the result of fraud costs it will be carried over. If you do not make an update to your account with a valid payment method for over 5 months, then a calculation of the entire period of time will be made.
Charge-backs will always be deducted from the net win before calculating the commission. However, you are only debited for your percentage of your chargeback amount.
Sub-Affiliates: A Sub-Affiliate is a 3rd party that isn’t personally or professionally related to Affiliate. You are not permitted to register for our Affiliate Program more than once and any such attempt will be grounds to terminate immediately this Agreement.
You understand that we monitor all affiliate registration and purchases and any violation of this policy will lead to the termination of this Agreement.
Referral Fee Payments: Payments may be made through: NETeller, Ecocard, Papercheck, MoneyBookers and Bank wire. Payment will be sent is U.S. dollars or Euro on or before the 30th day of each calendar month for the previous month’s fees. To make the payment, fees have to be more than or equal to U.S. $50, U.S. $100 for a PaperCheck or U.S. $1,000 for a Bank Wire. If the fees is less than the minimum required amount it will be carried forward to the next month. You must match the name on the payment method. If such a match isn’t accomplished the commission will not be processed. In special cases exceptions can be made but each of these cases will be assessed individually and at the discretion of Apex Affiliates. We do not charge payment fees, but the provider might do so. It is your sole responsibility to verify if such fees exist. Referral fee overpayments may be deducted from future payments or shall be reimbursed by you. An online statement of customer purchase activity is available to you at all times.
Returns and Cancellations: If Services that qualify for a referral fee are cancelled by an Affiliate’s customer, or if we have to issue a refund to an Affiliate’s customer, the amount will be deducted from the Affliate’s next monthly referral payment. It the amount is less than the amount due to the Affiliate, it will be carried over until the amount is cleared for the balance.
Our Policy: A customer is any and every person who purchases a Service. We will be directly in touch with our clients to fulfill the customer’s order. You shall send all your queries, questions or requests regarding our services to us. You cannot accept any offer in our name. We are not responsible for any representations made by Affiliate which contradict our policies.
Service Interruption and Tracking: We will do our best effort for our website to be operational and to track the Affiliate’s referred customers. However, in the event of unavoidable technical difficulties causing temporary service and tracking interruptions, you agree that we are not liable for such interruptions.
References/Testimonials: You agree to cooperate with us for any press releases, testimonies and other marketing materials you want us to develop. You grant us unlimited rights to reference you in marketing materials without requesting any further compensation.
Title: Title, ownership, and intellectual property rights regarding our Services shall remain with us.
Copyrights: You must ensure that all your advertising stays in the limits of all applicable copyright and trademark laws. We allow you to use our name and our clients’ names in marketing materials, but we are not accountable for any misuse of any copyrighted material made by you.
Limitation of Damages: We will not be held liable for any indirect, incidental, consequential damages or loss of revenue with respect to this agreement or the Affiliate program. We will not be held liable in the event we have been advised that such damages might occur.
Miscellaneous: You are an independent contractor and this Agreement will not lead to any form of partnership, joint venture, franchise, agency, or employment relationship between the parties. You will not assign this Agreement without our prior written consent. Subject to the foregoing, this Agreement is binding upon, insures to the benefit of, and is enforceable by the parties and their respective successors and assigns.
Term and Termination: We reserve the right to terminate this Agreement at any time by notifying you through email. We do not have the intention for such a termination, but we reserve the right to do so as a response to market conditions changes. You may terminate this Agreement by sending us an email. If the termination isn’t due to breach of terms, you will receive your final referral fee payment in a reasonable period of time. If the Agreement is the result of breach of terms, you will automatically forfeit any referral fees that are to be received.
Agreement Modification and Application: We may bring modification to the terms and conditions contained in the Agreement at any time and at our sole discretion. We will post a change notice or a new agreement on the Website and we will inform you via email. We also reserve the right to alter Referral Fee Amounts at any time. If you don’t agree to any modification in the Agreement you may at any time terminate it. Continuing the Agreement means you have accepted and agreed to the new terms and conditions.
If any of the provisions that are to be found in this Agreement are considered unenforceable by a court they shall be severed from this Agreement. The rest of the provisions remain in full force and effect.
Independent Investigation: You acknowledge that you have read this Agreement and agreed to the terms and conditions.
This Agreement represents the terms and conditions established between the parties and supersedes all prior negotiations, agreements or understandings for all properties we promote; TangiersCasino or any other property running under the Apex Affiliates affiliate program both now and in the future.