(CashWave), is in the business of marketing,
and advertising online casino services (the "Service"), which are accessed
on the Internet through the use of a personal computer.
The Referral Company or person ("Referral Company") desires to obtain from
CashWave agrees to grant the Referral Company,
the non-exclusive right and license to advertise, market and promote the Service.
CashWave shall reimburse the Referral Company
for these promotional services, in accordance with the following terms and conditions:
CashWave grants the Referral Company the
non-exclusive, non-transferable right and license to advertise, market and promote
the Service ("Promotion Rights"), in accordance with the terms and
conditions hereof. All other rights and licenses not expressly granted
to the Referral Company herein are reserved by
CashWave shall retain the right to
provide the Service in any form CashWave
deems appropriate; and retains the right to change any part of the Service,
at any time and in any manner CashWave
deems appropriate, without prior notice to the Referral Company. However,
any strategic change of policy towards Referral such as cancel any part
of the Service at any time, shall be made with prior notice to the
CashWave shall retain the right to cancel
any part of the Service at any time and in any manner CashWave
deems appropriate. However, should CashWave
want to cancel any part of the Service, and/or any Promotional Rights,
because of any failure or breach of these Terms and Conditions on behalf
of the Referral Company, CashWave
shall give the Referral Company notice of this fact in order to give
the Referral Company the possibility to correct the matter and overcome
the failure. Cancellation shall be effective seven (7) days after notice
of default to the Referral Company if the default has not been cured
within such seven-day period.
Notwithstanding the terms of these Terms and Conditions, CashWave
shall not be held responsible or liable for any loss of income, or loss
of the ability to produce income, incurred by the Referral Company;
even if such losses should arise from the inability of CashWave
to deliver the Services stipulated in these Terms and Conditions for any
reason whatsoever, whether CashWave
is at fault or whether a third party is at fault.
The Referral Company shall use its best efforts to actively and effectively
advertise, market and promote the Service as widely as possible so as to
maximize the benefit to the Referral Company and to CashWave.
The Referral Company shall only engage in advertising, marketing and
promotional efforts which do not violate any law, and which reflect
positively upon the business reputation of CashWave.
In particular, the Referral Company agrees to market the Service in a manner
that is consistent with the content and style of the Service.
In connection therewith, CashWave shall
have the right to review and approve (approval shall not be unreasonably
withheld) the manner and methods of advertising, marketing and promotion
used by the Referral Company in connection with the Service.
Approval may be withheld if CashWave determines, in its sole
discretion, that the activities of the Referral Company would tend to impair or reduce the value of
CashWave goodwill and business reputation, or would expose
CashWave to legal liability.
Notwithstanding the approval by CashWave
given in accordance with section 3.2 of these Terms and Conditions,
CashWave shall under no circumstances
be held liable for--and the Referral Company shall indemnify, defend and
hold CashWave harmless against--any and
all claims asserted against CashWave
by reason of the Referral Company's marketing and promotional efforts.
The Referral Company shall bear all costs and expenses incurred in
connection with the advertising, marketing and promotion of the Service;
including without limitation, all costs directly related to marketing.
As Compensation the Referral Company shall be paid based on one of the following
The Referral company shall be paid 50% of the net earnings from the
The Referral Company shall be paid a fixed fee of for each customer that
establishes an account with CashWave
and makes a deposit according to the following schedule:
|SEND US NEW PLAYERS (who make an initial min. $50 deposit)|
|EARN THIS CPA:
|From 1 to 15 new players||$100 per player
|From 16 to 50 new players||$150 per player
|From 51 to 100 new players||$200 per player
|From 101 to 200 new players||$250 per player
|201 new players and more||$300 per player
The Referral Company shall be paid 20% of each deposit made by the referred player.
The Referral Company shall be a fixed amount for each new player registration
(see table below) and 25% of the Casino’s net earnings from the referred players
|SEND US NEW PLAYERS (who make an initial min. $50 deposit)|
|EARN THIS CPA, Plus 25% of net revenue:
|From 1 to 20 new players||$50 per player
|From 21 to 50 new players||$75 per player
|51 new players and more||$100 per player
The Referral Company shall designate the method of payment.
Payments are made by Check, Wire Transfer, Neteller and other online
payment service. The minimum payment by Check is $50.00 (US),
Wire Transfer $500.00 (US), Neteller and other online payment services $50.00 (US).
CashWave shall pay the Referral Company
every other week for services rendered during the preceding two week
period. Payment shall be made to the Referral Companies account with
the Direct Net Pay payment system.
CashWave shall have the right to withhold
any and all payments to the Referral Company if the Referral Company is
in breach of this these Terms and Conditions.
A chargeback is defined as a charge made by VISA/MASTERCARD, the
Electronic Check (ACH), Neteller or other payment system as a result
of a customer non-payment or fraudulent credit card use. Referral
Companies that are paid on a percentage basis will be charged 50% of
all charged back amounts, Referral Companies that are paid on a flat
fee basis will forfeit the referral fee that has previously been paid.
These amounts will be deducted from your payments or your chargeback
reserve fund, if a reserve fund has been established.
CashWave may, at its discretion,
require the Referral Company to establish a chargeback reserve fund.
CashWave shall notify the Referral
Company of the terms and conditions of the reserve fund, if required.
CashWave has the right to cancel
the Promotion Rights with immediate effect if with the Referral Company
is in material breach of these Terms and Conditions. Such breach includes,
but is not limited to, situations when the Referral Company engages
in advertising, marketing, distribution and promotional efforts that
would impair CashWave goodwill and business reputation, or would expose
CashWave to legal liability.
Upon the cancellation of the Promotion Rights, the Referral Company
shall immediately return to CashWave
any and all materials, over which CashWave has a proprietary right,
that are in the Referral Company's possession and/or in the possession
of the Referral Company's agents, servants and employees. The Referral
Company shall also immediately remove any hyperlinks and materials,
over which CashWave has a proprietary
right, from the Referral Company's web site and/or the web sites of the Referral Company's agents.
If the Promotion Rights are canceled, and the Referral Company is not
in default of these Terms and Conditions, the Referral Company shall
have the right to continue to receive a Referral Percentage on referred
Users who continues to utilize the Service after being referred to the
Service by the Referral Company during four months after the day of the cancellation.
Users that utilize CashWave facilities
and services and all information relating to such Users shall remain the
property of CashWave at all times.
All fees due to the Referral Company shall be paid every two weeks and
will reflect payment for services rendered during the preceding two
week period. In addition, statements may be adjusted by
CashWave to reflect overpayments,
consumer chargebacks, and chargeback reserve funds deposits and released funds, if required.
The Referral Company shall have access to real time statistics of player
hits, signups, Net revenue and deposits.
The Referral Company agrees, understands and acknowledges that
CashWave may enter into Agreements of
this type with third parties to promote the Service or a similar version thereof.
The Referral Company has not paid consideration for the use of the trademarks,
logos, copyrights, trade names, or designations belonging to
CashWave, and nothing contained in
these Terms and Conditions shall give the Referral Company any right,
title or interest in or to any of them.
The Referral Company acknowledges that CashWave
own and retain all copyrights and other proprietary rights, as well as
any software supplied by CashWave,
in all of the foregoing. The Referral Company shall not assert any
claim or interest in or to any trademark, trade name, copyright, service
mark or logo belonging or licensed to CashWave,
or do anything to adversely affect their validity or enforceability. This
includes any act or assistance to any act that may infringe, or lead to
the infringement of, any software copyright.
Without limiting the generality of the foregoing terms, the Referral Company
shall not itself attempt, or assist any third party in attempting, to
register any trademark, trade name or other proprietary right with any
governmental agency (federal, provincial, local or otherwise) or with
any other entity or authority, without the express, unequivocal and
unambiguous prior written consent of CashWave.
The Referral Company shall not attach any additional trademarks, logos
or trade designations to the Software; and shall ensure that none of
the trademarks (or any variations thereof) appear in any portion of the
Referral Company's name, or any name under which the Referral Company
conducts business. The Referral Company shall not affix a trademark,
logo or trade name of CashWave to
any non-CashWave product. The Referral
Company shall not alter, erase, deface or overprint any notice of
proprietary rights on anything provided by CashWave.
The Referral Company and CashWave
each agree that each may have access to, and become acquainted with,
Confidential Information of the other. The Referral Company and
CashWave each specifically agree
not to misuse, misappropriate or disclose any such Confidential
Information, directly or indirectly, to any third party.
The Referral Company warrants, represents and covenants to CashWave
that that it has all necessary rights, licenses, permissions and business
permits; and will comply with all applicable laws, rules and regulations
in connection with promoting the Service to Users.
The Referral Company agrees to indemnify and render CashWave
harmless against claims, liabilities, causes of action, damages, judgments,
costs and expenses arising out of, or in any way connected with, any breach
or alleged breach by the Referral Company of any representation, warranty
or agreement contained in this Section 9, or elsewhere in these Terms and Conditions.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom.