InterXgaming.com

Affiliate terms and Conditions

Appointment as a InterXgaming Associate

The detailed terms and conditions under which you agree to become a InterXgaming Associate are set out below.
The terms and conditions set out below and which shall bind you need to be studied carefully.
To be appointed as an Associate of InterXgaming.com the online registration form needs to be completed. You will also need to clearly express agreement to our terms and conditions.
Appointment commences on clear and firm acceptance of this Associate Agreement.
InterXgaming reserves the right not to appoint you as an Associate if InterXgaming decides at its sole and absolute discretion, that your site is incompatible with our market profile for any, but not limited to, the following reasons:

you are operating contrary to any national, municipal, local, state/provincial, federal law, regulation, rule, convention or treaty which is applicable to your operation;
your are involved in conduct which amounts to an offence in tort such as, but not limited to, posting defamatory, libelous, scandalous, or confidential information (protected by professional privilege or data protection legislation) about a person(s) or company without their consent, intentionally or recklessly inflicting emotional distress or otherwise;
you are in breach or are violating the trademark, copyright, or other intellectual property rights of a third party;
you promote sexist, racist, derogatory and discriminatory acts based on race, creed, sex, age, nationality, religion, disability, or sexual orientation;
you promote or encourage violence, or adult entertainment featuring acts of extreme or abusive sexual nature; and
you promote or use any form of SPAM or unsolicited commercial email.

InterXgaming reserves the right to terminate this agreement once made, at any time, at our sole discretion, if it we decide at our absolute discretion that you are unsuitable as a InterXgaming Associate or if you breach any of the terms and conditions contained herein.
By downloading a banner and placing it on your site(s) you agree to be bound by all the terms and conditions contained in this Agreement without any reservations whatsoever.
By default an associate once signed up will be listed under the revenue share program at the base percentage. In order to move to a CPA deal or another payment structure written approval must be given by interXgaming.

Definitions

Charge Backs means a request from a Customer to reverse the relevant bank charges on ascertaining that transactions of an irregular nature made on his/her credit card/debit card were not authorized by him/her;
"Customer" means a person or entity opening an account with InterXgaming, having followed a link from your site, e-mail or otherwise routed, to InterXgaming s site and opens an account with us. If this occurs such person or entity shall become a InterXgaming Customer and accordingly, all rules, policies, and terms and conditions that appear on our sites will apply to them.
"Active associate" means an affiliate who has brought at least one depositing customer in the previous 3 months.
Net Revenue means the net Customers losses per four-week period less (i) Customer winnings; (ii) financial charges incurred by us; (iii) Customer Charge Backs; (iv) taxes; and (v) bonuses given to Customers by us.
*Poker Net Revenue refers to the Customers Rake + Tournament Fees less (i) Financial charges incurred by us; (ii) Customer Charge Backs; (iii) taxes; and (iv) bonuses given to Customers by us.

Our Rights and Obligations

InterXgaming will register your Customers and keep records of their play. We reserve the right to turn down Customers or to close their account if any Customer fails to comply with any requirements we may set down from time to time.
InterXgaming will endeavor to provide you with remote online access to reports of Customer activity and the Associate fees generated from Customers. These reports will include clicks, downloads, player activity and commission levels. The form, content and frequency of the reports may vary from time to time at our discretion.
InterXgaming will pay you Associate fees (see below) on income we earn from those Customers which are routed to us from your site.
InterXgaming reserves the right to modify any of these terms and conditions at any time at our sole discretion, by posting a Notice of Change . Modifications may include, without limitation, changes in the scope of available referral commission, procedures for effecting payment, and the rules applicable to the relationship between us. You may terminate this agreement within 14 days of such modification if you do not agree to the modifications in question. If after the posting of a Notice of Change your continued participation as an Associate following a Notice of Change will constitute binding acceptance of the change.

Your Rights and Obligations

InterXgaming hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our intellectual-property marks, namely the InterXgaming Logo, solely in connection with the display of the banners on your site. This licence cannot be sub-licensed, assigned or otherwise transferred by you to any third party regardless of any association with you without InterXgaming s express and specific written permission. Your right to use the marks is limited to and arises only out of this licence to use the banners as supplied by us. You shall not raise any claims or otherwise assert the invalidity, unenforceability, or contest the ownership of the intellectual property rights in question in any action or proceeding of whatever kind or nature, judicial or otherwise, anywhere in the world and shall not take any action that may prejudice our or our licensor's rights in the above mentioned intellectual property rights, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
By becoming one of our Associates, you agree to download banners, text or promotional materials and place it on your site and/or utilize it within e-mail. These are the only methods by which you may advertise on our behalf. We will terminate this agreement immediately if there is any form of spamming or if you discredit defame or libel us through false advertising, written or uttered words. You shall not make any claims, representations, or warranties in connection with us, and you shall have no authority to, and shall not, bind us to any obligations. The download banners are the only approved types of advertising and you may not alter their appearance and/or syntax. Any alteration will be considered a fundamental breach of this Agreement and lead to us not paying your Associate fees.

Sub-Agency Appointment

The right granted under this Agreement is a non-exclusive right to direct Customers to our sites and no more. Under no circumstances do these terms and conditions grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals.
InterXgaming expressly reserves the right to contract with and obtain assistance from other parties, at any time, to perform services of the same or similar nature as yours. You shall have no claim or a right to raise such or similar claim, for any other fees or other compensation on business secured by or through persons or entities other than you however these may otherwise be secured.
An affiliate may not sign up as a player tracked from his own affiliate code, an affiliate will not be paid the fee owing if he signs up from his own code.

Associate Fraud and Good Faith

In the event that you commit any sort of fraud or illegal activity then you agree to be liable for and indemnify us against any and all damages that we may suffer as a result of such action and we shall, without affecting our accrued rights, be entitled to terminate this Agreement immediately without further notice. Furthermore, you will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. Should fraudulent activity arise through a person directed to our site via your link, we retain the right not to pay the commissions paid to you at any time. Our decision in this regard will be final and binding and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Regardless of whether you have or have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.

Confidentiality

Both Parties shall maintain in strict confidence, and shall not use or disclose except as required to perform its duties, all proprietary and Confidential Information belonging to the other Party. This obligation shall apply during and after the term of this Agreement for so long as the pertinent information or data remain Confidential Information, or for a period of three years after termination of this Agreement, whichever shall be the earlier date.
Confidential Information means any and all information pertaining to the terms of this Agreement and to either party or his interests, which may be disclosed to the other Party in relation to this Agreement, or in furtherance of its objectives, whether in written, oral, pictorial or any other form, and all information, data, software programs, samples or other material attributable to or deriving its existence from this Agreement or the services provided hereunder. Without limiting the generality of the foregoing, Confidential Information includes names and addresses of any Customers and prospective customers or either Party, account invoices and prospective customer leads developed by either party, in whatever form, regardless of whether computer or electronically accessible "on-line."
Confidential Information shall not apply to information that is:

already in the public sphere through no breach of confidentiality by either Party hereto; or
required to be disclosed in accordance with the order or requirements of a competent authority, provided that the Party which is subject to this requirement shall promptly notify the other Party of the requirement and shall make commercially reasonable efforts to limit the scope of the required disclosure.

Fee Payment

We agree to pay into your active associate account, 20 days after the end of each a four-week period, the Associate fees set out below.
Casino/Poker/SportsBook - We will pay a percentage of the total Net Revenue generated by Customers according to the table below. -

Save for where the provisions of clause 8.D apply.

Revenue Share Model

Revenue Per Calendar Month	Percentage
$1 - $10,000	25%
$10,001 - $30,000	30%
$30,001 $50,000	35%
$50,001 +	40%

Per CPA model - InterXgaming will pay the Affiliate according to table 8.3.1 for each new player that opens an InterXgaming account and deposits a minimum of fifty dollars ($50.00 USD) into their account during the same calendar month.
*For Poker the equivalent of $50 rake must be made in order to receive payment.
*For the SportsBook a minimum $250 **wagering must be made to receive payment.
**Wagering is calculated on the Risk or Win amount, whichever the smaller. Cancelled bets or those with no action are not counted for wagering purposes.

Cost Per Acquisition Model

Players	CPA
1 - 15	$60
16 - 35	$75
36 - 75	$100
75 +	$150

If Affiliate commissions earned do not exceed one hundred dollars ($100.00 USD) in any given month, then payment will be carried over to the following month until they exceed $100.00 USD.
Negative earnings are carried forward to the next month.
If you do not respect our confidentiality or break any or the rules listed, we will have no other option but to close down your account with immediate affect.

Term And Termination

The term of this Agreement will begin when you download a banner or any other marketing tool provided by us and link it to our site and will continue unless and until either party notifies the other in writing that it wishes to terminate this Agreement, in which case this Agreement may be terminated immediately. Termination is at each party s discretion, for any reason. For the purposes of notification of termination, delivery via email is adequate and also considered a written and immediate form of notification.
Upon termination you accept that the following shall take place:

All of our banner(s) shall be removed from your site and all links from your site to ours shall be disabled.
All rights and licences given to you in this Agreement shall immediately terminate.
You will not be entitled to Associate fees occurring after the date of termination. Associate fees, if any, earned by you on or prior to the date of termination shall be paid to you in full.
If on termination of this Agreement for cause or otherwise you are in breach of any of the terms or conditions contained herein or, you have failed to fulfil your obligations and responsibilities, you will not be paid the Associate fees otherwise owing to you.
InterXgaming reserves the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
If we continue to permit activity (generation of revenue) from 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 and logos.
Both yourselves and InterXgaming will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations, which by their nature are designed to survive termination, as, set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.

No Partnership or Agency

You shall not be an agent, partner, or employee of us and you shall not hold yourself out as such nor as having any power or authority to incur any obligation of any nature express or implied on behalf of us and nothing in this agreement shall operate so to constitute you as an agent, partner, or employee of the Licensor.

Indemnity

You hereby agree and undertake fully and effectively to indemnify and hold us, our directors, officers, employees and representatives harmless both before the expiry or termination of this agreement for and against all damages, loss, claims, demands, expenses (including legal and professional expenses), costs and liabilities which you may at any time incur as a result of any and all breaches by you of the obligations specified in this agreement.

Disclaimer

We make no express or implied warranties or representations with respect to this Associate Agreement (including, without limitation, its functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or general 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 of any interruptions or errors.

Limitation of Liability

IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING ANY TERMINATION INDEMNITY OR GOODWILL, LOSS OF PROFITS, LOSS OF OPPORTUNITY, AND LOSS OF USE, ARISING UNDER THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES Further, InterXgaming s aggregate liability arising with respect to this agreement will not exceed the total Associate fees 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, officers or shareholders.

Independent Investigation

You acknowledge that you have read this agreement and agree to be bound by its terms and conditions. Furthermore, you confirm that you have independently evaluated the appropriateness of becoming an Associate of InterXgaming and that you have not relied on any representation, guarantee, or statements other than those contained in this agreement.

Miscellaneous

Governing Law - This agreement shall be governed by and construed in accordance with the laws of Costa Rica and the parties irrevocably submit to the jurisdiction of the courts of Costa Rica for all purposes connected with it.
Assignment - You shall not be entitled to assign or otherwise transfer this agreement nor any of its rights or obligations without our prior written consent.
Waiver - No failure by us to exercise any power given to us hereunder or to insist upon strict compliance by you with any obligation or condition hereof and no custom or practice of the parties at variance with the terms of this agreement shall constitute a waiver of any of our rights hereunder.

Link Exchange

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Inquiries: marketing@InterXGaming.com

Commission Plan