1. Definitions
"Coded Link" is defined as the specially formatted
link to Twist Casino that will include your Webmaster ID.
To get proper credit, this coded link must be used for all
linking to the Twist Casino website.
"Customer" is defined as a person or entity that
follows a coded link from your website to Twist Casino and
opens an Twist Casino account.
"NetProfit" is defined as the net customer losses
less net customer winnings less sign up bonuses and/or deposit
bonuses and/or promotion bonuses that may have been offered
less any corrections made to the customer account less any
charge-backs or other problem deposits where the deposit funds
are no longer available to Twist Casino less any fradulant
activity on the part of a customer. Only wagering activity
by real customers for real money will be eligible for payment.
"Website" is defined as what is generally known
as a World Wide Web presence. When used to refer to Twist
Casino, it will represent the complete web presence maintained
by Twist Casino. When used to refer to the affiliate, it will
represent not only any web presence(s) maintained by that
affiliate, but also any e-mail newsletter(s) or other mailing(s)
maintained or issued by that affiliate.
2. Our Rights and Obligations
2.1 Register your Customers
We will register your customers and will track their wagering
activity. We reserve the right to refuse customers or to close
their accounts if necessary to comply with any requirements
we may periodically establish. By opening an account with Twist
Casino, that customer will need to abide by all Twist Casino
rules, policies, and operating procedures.
We will utilize browser cookies to attempt to give credit
to your webmaster ID for new customer sign ups even if the
customer does not immediately sign up after following one
of your coded links to us. For example, we will assign you
the customer when a potential customer follows your website
coded link on one day and the next day comes directly to the
Twist Casino website via bookmark, direct typing of the Twist
website url, or other means and signs up for an Twist Casino
account.
If multiple affiliate program coded links bring the potential
customer to the Twist Casino website, the new customer will
only be assigned to the most recent affiliate program coded
link that brought the potential customer to the Twist Casino
website as that will be the affiliate deemed to have "made
the sale". There will be no splitting of a customer to
multiple affiliates.
If a customer blocks or deletes cookies then crediting that
customer to an affiliate will not be possible. Twist Casino
will not be liable for nor remedy any customers not assigned
due to blocked or deleted cookies.
2.2 Track Customers' Play
We will track customers' activity and will supply reports
summarizing that activity. The form, content and frequency
of the reports may vary from time to time at our discretion.
Through the TwistCash website, we will provide you with remote
online access to reports of customer activity and the referral
fees generated. You can gain access using your TwistCash account
number or account nickname along with your account password.
Attention! Each webmaster must have only one account. In case
we detect several accounts for one person they all will be
blocked. Logging in and registration information is refreshed
in
the beginning of each hour. General information on each webmaster’s
account (deposits, winnings payouts, chargebacks, refunds,
webmaster’s commission) is refreshed at 00:30 GMT (London
time) when converting of statistics for the past 24 hours
is made at Twist Casino.
2.3 Pay a Referral Fee
We will pay you referral fees (as set out in section 4) on
the netprofit we earn from real money wagering by all legitimate
customers.
2.4 Modification
We may modify any of the terms and conditions contained in
this Agreement, at any time and at our sole discretion, by
posting a change notice or a new agreement on our website.
Modifications may include, for example, changes in the scope
of available referral fees, fee schedules, payment procedures,
and referral program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE
IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION
IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR
NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE
OF THE CHANGE.
3. Your Rights and Obligations
3.1 Maintain List of your Websites
You will be free to promote Twist Casino, in compliance with
these terms and conditions, from any suitable website. You
are to maintain a list of those websites as part of your Twist
Casino affiliate profile. There is an online method to maintain
this list in the affiliate program section of the Twist Casino
website.
3.2 Unsuitable Websites
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE
DISCRETION) THAT YOUR WEBSITE IS UNSUITABLE.
Unsuitable websites include those that: are aimed at children,
promote violence, promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age,
promote illegal activities, or violate intellectual property
rights.
3.3 Linking to Twist Casino
By agreeing to participate in the Twist Casino affiliate
program, you are agreeing to download banners, text or other
promotional materials and place them on your website. Any
such placements will always be included within a coded link
to Twist Casino as indicated in other areas of the Twist Casino
affiliate program web pages. 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 advertise our services in any other way or discredit
Twist Casino through false advertising or any other way. You
shall not make any claims, representations, or warranties
in connection with you and us shall have no authority to,
and shall not, bind us to any obligations.
Any e-mail newsletters that include Twist Casino coded links
must be of an opt-in type where the recipients of the newsletter
have explicitly agreed to receive that particular newsletter
either on a one time basis or through a subscription.
3.4 Agency Appointment
By this Agreement, we grant you the non-exclusive right to
direct customers to our websites and services, 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
from others at any time to perform services of the same or
similar nature as yours. You shall have no claims to referral
fees or other compensation on business secured by or through
persons or entities other than you.
3.5 Approved Layouts
Without our prior written approval, you will only use our
approved banners and will not alter their appearance nor refer
to us in any other promotional materials. Text coded links
may include any text available on any currently available
Twist Casino banner provided the text is not used in a way
that would change the intended meaning of that text. You may
only use banners supplied from Twist Casino. HOWEVER, DO NOT
CREATE A DIRECT LINK TO THE BANNERS ON OUR WEBSITE. INSTEAD,
YOU ARE TO COPY THE IMAGE TO YOUR OWN WEB SERVER FOR USE IN
YOUR LINKING. FAILURE TO COMPLY WITH THIS WILL INCUR SUBSTANTIAL
CHARGES AGAINST YOUR AFFLIATE EARNINGS.
3.6 Good Faith
You will not knowingly benefit from known or suspected traffic
not generated in good faith whether or not it actually causes
Twist Casino damage. Should fraudulent activity arise through
a person directed to a site via your link, we retain the right
to retract the commissions paid to you at any time. Our decision
in this regard will be final 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.
Even if you have not knowingly generated such traffic, we
reserve the right to withhold referral fees with respect to
such traffic.
3.7 Responsibility for Your Website
You will be solely responsible for the development, operation,
and maintenance of your website and for all materials that
appear on your website. For example, you will be solely responsible
for ensuring that materials posted on your website are not
libelous 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, attorneys' fees) relating to the development,
operation, maintenance, and contents of your website.
3.8 License to use Marks
We hereby grant to you a non-exclusive, non-transferable
license, during the term of this Agreement, to use Twist Casino
intellectual-property marks solely in connection with the
display of the banners on your website. This license 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 license to use the banners. 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 or our licensor's rights in the marks, render the same
generic, or otherwise weaken their validity or diminish their
associated goodwill.
3.9 Confidential Information
During the term of this Agreement, you may be entrusted with
Confidential Information relating to the business, operations,
or underlying technology of Twist Casino (including, for example,
referral fees earned by you under the program). You agree
to avoid disclosure or unauthorized use of the 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.
4. Fee Schedule
You will earn referral fees based on the net house win. We
retain the right to change the fee schedule and method of
calculation of fees.
Netprofit between $1 and $9,999 will earn 35% commission.
Netprofit between $10,000 to $24,999 will earn 40% commission.
Netprofit between $25,000 to $49,999 will earn 45% commission.
Netprofit over $50,000 will earn 50% commission.
5. Fee Payment
Webmaster’s commission is paid once a week with one
month delay. I.e. money earned during
period from 1st to 7th of june will be paid to you on the
7th of july. The minimal amount of
payment is $100. We pay webmasters with wire transfer or check.
Each wire transfer costs $25,
each check - $20. If amount on your account equals or is more
than $500 we take wire
transfer/check fee charges on us.
6. Term and Termination
6.1 Term and Termination
The term of this Agreement will begin when you complete the
affiliate program registration and create a coded link to
our website 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 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.
6.2 Upon Termination
Upon termination you must remove all Twist Casino banners
and links from your website. All rights and licenses given
to you in this Agreement shall immediately terminate. You
will be entitled only to those unpaid referral fees, if any,
earned by you on or prior to the date of termination. You
will not be entitled to referral fees occurring after the
date of termination. If you have failed to fulfill your obligations
and responsibilities, we will not pay you the referral fees
otherwise owing to you on termination. We may 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, logos and other designations of Twist Casino.
You and we 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.
7. Relationship of Parties
You and we are independent contractors, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship
between the parties. 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 website or otherwise,
that reasonably would contradict anything in this paragraph.
8. Indemnity
You shall defend, indemnify, and hold Twist Casino, 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 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 unauthorized use
of our banners and/or links or this referral program.
9. Disclaimers
We make no express or implied warranties or representations
with respect to the referral program, or referral fee 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.
10. 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 referral program,
even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this
Agreement and the Program will not exceed the total referral
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. Any liability arising under this Agreement
shall be satisfied solely from the referral fee generated
and is limited to direct damages.
11. 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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR
WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING
ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT.
12. Miscellaneous
12.1 Governing Law
This Agreement will be governed by the laws of the Belize,
without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the Belize and
you irrevocably consent to the jurisdiction of its courts.
12.2 Assignability and Enurement
You may not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Subject to that
restriction, this Agreement will be binding on, inure to the
benefit of, and enforceable against you and us and our respective
successors and assigns.
12.3 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 RECOGNIZED BY US. None of our employees, officers or agents
may verbally alter, modify or waive any provision of this
Agreement.
12.4 Remedies
Our rights and remedies hereunder shall not be mutually exclusive,
i.e., 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, the respective rights and obligations of
the parties may be enforceable 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, it being the intent of this provision to make clear
that our respective rights and obligations shall be enforceable
in equity as well as at law or otherwise.
12.5 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.
IN WITNESS WHEREOF, you expressly agree to the terms and
conditions of this Agreement by registering as an affiliate
and/or downloading our banners and/or creating coded links
from your website to ours. |