Affiliates Terms And Conditions

OUR RIGHT & OBLIGATIONS

Asiabroker88 N.V. Affiliate programme Agreement ( "this Agreement " or "Affiliate programme ")

1. Register Your Customer

We will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. "Customer " means your visitors who joins our customer database By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them.

1.1 Track Customer's Play

We will track your Customers' bets and plays making available to you a report summarizing their activities, which you can access.

1.2 Modification

We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion, by posting a change notice or a new agreement on our site, which we will notify to you at the e-mail address you provided when you join the Affiliate programme. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the referral programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.

1.3 Your Aplication

To become a member of our affiliate programme you will need to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. The application form will form an integral part of this Agreement. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful.

2. Your Right & Obligations

2.1 Linking To Our Website

By agreeing to participate in this Affiliate programme, you are agreeing to create and maintain unique links from your site to the Asiabroker88 N.V websites (www.Asiabroker88.com). You may link to us with any of our banners, e-mails, articles or with a text link.

2.2 Minimun Referral Requirement

All Asiabroker88 N.V affiliates are required to refer a minimum of 3 active Customers within a three month period of joining the program. Should an affiliate not reach this requirement the affiliate account may be closed, but you will have the option to open a new affiliate account.

2.3 Spamming

We will terminate this Agreement immediately without recourse for you if there is any form of spamming or if you advertise our services in any other way. You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.

2.4 Register of Domain Names

You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name of any member of Asiabroker88 N.V, or any other name that could be understood to designate the Asiabroker88 Group.

2.5 Bidding On Brand Terms

You may not purchase or register 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 Asiabroker88 trade marks or otherwise include the word "Asiabroker88", “Asiabroker88 brokers”, “Asiabroker88 Investors” or variations thereof, or include metatag keywords on the Partner Site which are identical or similar to any of Asiabroker88 N.V trade marks.

2.6 Agency Appointment

By this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to any of our sites in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.

2.7 Good Faith

You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.

We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any Asiabroker88 offers or promotions whether with or without your knowledge. Such situations to include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.

2.7 Responsibility For Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance, and contents of your site.

Asiabroker88 N.V affiliates programme is intended for your direct participation. You shall not open affiliate accounts on behalf of other participants. Opening an affiliate account for a third party, brokering an affiliate account or the transfer of an affiliate account is not accepted. Affiliates wishing to transfer an account to another beneficial account owner must request permission to do so by Contacting Us. Approval is solely at our discretion.

2.8 Affiliation

No affiliation can be made between our site and your site.

2.9 License To Use Marks

We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trade marks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.

2.10 Confidential Information

During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate programme (including, for example, Referral Commissions earned by you under the Affiliate programme). You agree to avoid disclosure or unauthorised use of any such 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 purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.

3. Referral Commission Payouts

3.1 Referral Fee Payout Request

Your Asiabroker88 affiliate account must have a minimum of 3 active referred Customers before you will be eligible for Commission payment. You are entitled to one payout per month, providing you have fulfilled the above Customer requirement at the end of the preceding month.

Payout requests for any calendar month’s Referral Commissions may be made anytime from the start of the second day of the following calendar month.

The minimum payout request for earned Commission per month is 100 euros. There is no maximum limit.

Referral Commission payments may be requested:

(i) to a nominated Asiabroker88 broker account

(ii) bank wire, or

(iii) Moneybookers

Please be aware that although Asiabroker88 N.V will not deduct any charges for arranging a bank wire, your own bank may choose to levy a charge on such transactions.

5. Term & Termination, Consequences & Unsuitable Sites

5.1 Term & Termination

The term of this Agreement will begin when you are approved as an affiliate and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

5.2 Consequence

Upon termination you must remove all of our banners/icons from your site and disable all links from your site to ours. All rights and licenses given to you in this Agreement shall immediately terminate. 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 our Marks.

5.3 Duplicate Account & Self Referrals

You shall not open more than one affiliate account without our prior written consent.

6. Relationship Of Parties

We and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. 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 would contradict anything in this Agreement.

7. Indemnity

You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term 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 negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.

8. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate programme, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any.

9. Limitation Of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate programme will not exceed the total Referral Commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages.

10.Independent Investigation

You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this agreement.

11. Miscellaneous

11.1 Governing Law

The laws of Netherlands Antilles will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Netherlands Antilles and you irrevocably consent to the jurisdiction of its courts.

11.2 Assignability

written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns. You may not assign this Agreement, by operation of law or otherwise, without our priority

11.3 Non-Waiver

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.

11.4 Remedies

Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

11.5 Severability / Waiver

Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

You expressly agree to be bound by the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.



Revised: January 2010




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