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Nov
16
Title:Wagershare Updates Terms – MarketingDate:November 16, 2011 3:01 am
Category:WagershareTags:


This terms update relates to marketing practices, namely Intellectual Property Rights.

Intellectual Property Rights
3.2 Licence to use Intellectual Property - On registration We shall and hereby grant to You a non-exclusive, non-transferable licence, during the term of this Agreement, to use Our and Our Merchants' trademarks, service marks, trade names, logos, designations, copyrights and other proprietary rights (Intellectual Property''Intellectual Property'') (licensed, in turn to Us from their owner) solely in connection with the display of the banners on Your site, and strictly for no other use whatsoever thereof. Any breach of such Intellectual Property rights, may result in penalties, as more fully set out hereunder. AND 4.8 License to use Intellectual Property - The license granted to You in terms of clause 3.2 above may not be sub-licensed, assigned or otherwise transferred by You, and shall only be used for the purposes set out therein. You shall not during the term of this Agreement nor at any time thereafter assert the invalidity, unenforceability, or contest the ownership of the Intellectual Property in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Our, Our Merchants' or Our licensor's rights in the Intellectual Property, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. , nor use the license for any other purpose than that for which it is intended, and as set out in clause 3.2


General Marketing
4.13 Limitations of Advertising - a) The use of the licence for any purposes other than that provided for in clause 3.2 and anyuse of whatsoever of domain names, brand names, trademarks or any bid made by you to any Internet search engine on keywords including without limitationwords that are the same, or confusingly similar, to Spin Palace Casino, Ruby Fortune Casino, Piggs Casino, Mummys Gold Casino, Cabaret Club Casino, Jackpots In A Flash, Poker333, Spin Palace Poker, Betway Casino, Betway Poker, Betway Sports, Betway Games, Gnuf Casino, Gnuf Poker and Gnuf Bingotrademarks or words , for any purposes other than that are confusingly similarprovided for in clause 3.2, shall not only be considered to be a breach of the good faith provisions contained in WagerShare Terms and Conditions (see clause 4.6), but also as an unlawful breach of the applicable intellectual property rights. Notwithstanding For clarity, this includes, but is strictly not limited to, instances where You register, or attempt to register, domain names containing the foregoingnames, with our prior written consentor words confusingly similar, you mayto those set out above and instances where You use the names, or words confusingly similar, to those set out above, in respect of order to solicit visitors, to visit any agreed Merchantsite, establish one or more derivative URLs that incorporate any one online business of Yours, and/or registered in Your Name, other than through the Merchant's marks or channels, and for the Merchant's primary URLpurposes, or any variation thereofspecified in 3.2 above. You willIn the event that WagerShare has reasonable cause to believe that any such breach has occurred, at Your own costit retains the unilateral and final right to retain indefinitely any current or future amounts owed to you. Save that, register such mentioned derivative URLs in the name event of WagerShare.com and immediately such breach, WagerShare will first notify WagerShare.com of each derivative URL established and maintained by You. Each derivative URL must host , in writing or by email, that a website breach has occurred, and informing You thatis identical to the corresponding Merchant's URL , as provided to You by Us. Each derivative website must be updated to reflect changes to a result of the provided URL from time breach, commission is retained and/or that failure to remedy the breach within a specified period of time will result in commission being retained. You In both instances the amount of commission retained will be notified of changes to the Merchant's URL and must update at at the derivative websites within 48 hours sole discretion of such notificationWagerShare. You will remove any derivative website when requested to do so b) Any bid made by Us. A derivative website may not, under any circumstances, be used to direct any persons you to any site other than the Merchant's agreed URL. Internet search engine on keywords including without limitation, Spin Palace Casino, Ruby Fortune Casino, Piggs Casino, Mummys Gold Casino, Cabaret Club Casino, Jackpots In A derivative website may not include any promotional materialFlash, including bannersPoker333, textSpin Palace Poker, or other materialBetway Casino, Betway Poker, Betway Sports, Betway Games, Gnuf Casino, Gnuf Poker and Gnuf Bingo trademarks or words that does not relate are confusingly similar, shall be considered to be a breach of the Merchant. We have good faith provisions contained in WagerShare Terms and reserve the right to terminate this Agreement immediately if any derivative website established by You is found to not comply strictly with these conditionsConditions (see clause 4.6).


Summary: Intellectual property rights are a typical. Note that the term also mentions derivative domains and PPC terms. Note: This is mostly a re-write.
Apr
14
Title:Wagershare Updates Play Under Affiliate Tag RuleDate:April 14, 2011 4:40 am
Category:WagershareTags:


Wagershare has updated their terms to include the rule to disallow play under your own affiliate tag.

Ethical Conduct
4.6 Good Faith/Ethical Conduct - You will not knowingly benefit from known or suspected traffic not generated in good faith, or via spam, whether or not it actually causes Client damage. This is including but limited to You playing under Your own affiliate tracking links, brand bidding and or any other fraudulent behaviour. 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 owed to you, either current or future, 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.


Summary: This was always the case at Wagershare as far as I recall and now is written in stone.
Feb
22
Title:Wagershare Updates TermsDate:February 22, 2011 6:39 am
Category:WagershareTags:


There are a ton of changes here to Wagershare's terms, but none are very noteworthy. What is more noteworthy is Wagershare's attitude towards affiliate payments and dropping revshare percentages for some folks without warning.

Definition: Confidential Information
5.1 below: Poker CommissionConfidential Information: The commission that You shall any information of whatever nature, which has been or may be paid obtained by the Affiliate from Us, the Merchant and/or its licensors, whether by way of the Affiliate Programme or otherwise, whether relating to Our or the Merchant's information and whether in terms writing or in electronic form or pursuant to discussions with Us or the Merchant, or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, scientific, business or financial data, know-how, formulae, processes, designs, sketches, photographs, plans, drawings, specifications, sample reports, models, customer lists, price lists, studies, findings, computer software, inventions or ideas, analyses, concepts, compilations, studies and other material prepared by or in possession or control of clause 5.2 below: the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition; and any dispute between the Affiliate and Us or the Merchant or resulting from this Agreement.


Chargebacks
Charge Back: Where a Customer or the credit card issuing bank or any other third party payment solution provider effects affects a reversal of charges in relation to a credit card or third party purchase transaction and for the purposes of calculating Net Win and Net Rake is regarded as Fraud. Chargebacks are deduced in the month they are charged.


Fraud
Fraud Costs: Any costs (financial or otherwise) that WagerShare.com or it's its Merchants incur as a direct or indirect result of Fraudulent Activity by Yourself, Your employees and/ or Customers/ players whom You, as Affiliate, have introduced to the casino, sports betting or poker room Merchant. Merchant: A party (who may be either a casino or poker room) for which professional services are rendered. Under this agreement WagerShare.com . provides, on behalf of the Merchant and the Affiliate, services to both parties. Match Betting/Arbitrage Betting: Any way of betting, with or without offers, such as freebets or other offers, that will give the Customer a sure win at no risk.


Affiliate Responsabilities
You warrant that (a) the information You provide Us on registration is complete, valid and honest; (b) in the event You are a juristic person, the person submitting the application has the full right, power and authority to enter into this Agreement on behalf of such entity; and (c) the execution of this Agreement by such person, and the performance by You of Your obligations and duties hereunder, do not and will not violate any agreement to which You are a party or by which You are otherwise bound and (d) Your marketing activities shall adhere to the eCogra eGap.


Advertising Limitations
4.13 Limitations of Advertising - The use of domain names, brand names or any bid made by you to any Internet search engine on keywords including without limitation, Spin Palace Casino, Ruby Fortune Casino, Piggs Casino, Mummy's Mummys Gold Casino, Cabaret Club Casino, Jackpots In A Flash, Poker333or , Spin Palace Poker, Betway Casino, Betway Poker, Betway Sports, Betway Games, Gnuf Casino, Gnuf Poker and Gnuf Bingo trademarks or words that are confusingly similar, shall be considered to be a breach of the good faith provisions contained in WagerShare Terms and Conditions (see point clause 4.6).


Commissions Calculation
5. Commission: Calculation and Payment 5.1 Calculation of Casino, Sports Betting and Poker Commission. You will earn Casino, Sports Betting and Poker Commission based on: . The Casino Net Win (Gross Win less Progressive Contributions (progressive games only) less bonuses awarded less Non-Cash Items less Fraud); and/ or and/or . The Sports Betting Net Win (Gross Win less bonuses awarded less Non-Cash Items less fraud); and/or . The Net Win generated by Second-tier Affiliates. . Poker Net Rake (Gross rake less bonus cash bonuses awarded less Non-Cash items less fraud).


Commissions Calculation - Sportsbetting
For Sports Betting, this is the total revenue from settled bets, placed by players introduced to Sports Betting by the Affiliate. Net Win: Gross Win less Progressive Contributions less Non-Cash Items less Fraud.


Termination - Fraud and Sale of Business
6.5.3 WagerShare shall be entitled to, at its sole discretion, to terminate this Agreement and withhold all funds due to the Affiliate for referral of players to be found to be involved in, or should WagerShare reasonably suspect any player referred by the Affiliate of being involved in, Match Betting or Arbitrage Betting. 6.6 Sale of Business - We recognise that an Affiliate may wish to sell his/her/ its Affiliate business to a third party. We require an Affiliate to recognise and respect that the personal qualities, probity and background of Affiliates is vital to Our decision to accept a person as an Affiliate of the Affiliate Programme. 6.6.1 If an Affiliate wishes to sell or otherwise dispose of the shares or assets of his/her/its Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of his/her/its Affiliate business) the Affiliate shall be required, prior to completing the sale, disposal or transfer, to: (i) give Us no less than 30 (thirty) days prior written notice of such intention, simultaneously provide such details as We may request (which shall include, but not be limited to, the selling of the Affiliate's Affiliate ID and full details of the intended purchaser (including their banking details and, if they are already an Affiliate of the Affiliate Programme, their Affiliate ID) and furnish Us with an irrevocable consent and authority to pay the selling Affiliate's Commission, after the sale is completed, to the purchaser, in a form acceptable to Us in Our sole discretion; and (ii) make the deed of sale subject to the suspensive condition that We approve such purchaser as an Affiliate of the Affiliate Programme and that such intended purchaser shall, subject to Our approval (at Our sole discretion) join the Affiliate Programme. 6.6.2 If We reject the intended purchaser as an Affiliate of the Affiliate Programme and the selling Affiliate nevertheless decides to proceed with the sale, We reserve the right to terminate this Agreement insofar as it relates to the selling Affiliate, the business sold and/or the purchaser.


Force Majeure
9.6 Force Majeure - Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labour conditions, earthquakes or any other cause which is beyond the reasonable control of such party.


Summary: The terms are fairly straightforward in regards to changes. Sale of Business is one that is a bit distressing for those looking to get out of the business. Please read that carefully.
Jun
15
Title:Wagershare adds French ExlusionDate:June 15, 2010 3:06 pm
Category:WagershareTags:,


Wagershare, in response to the French Government’s recent banning of online gaming, have altered their terms to warn affiliates away from marketing towards French traffic and players.

TERMS UPDATE, MARKETING, FRENCH TERRITORIES

6.5.1 By entering into this Agreement you undertake that you , or any Second Tier Affiliate will not : ( i) actively target Customers located in France including but not limited to sending Customers correspondence , the use of bannering , off-line advertising and direct marketing ; and ( ii) send WagerShare or any of its Merchant casino sites any French traffic or players from a . fr based domain . 6.5.2 WagerShare reserves the right to immediately terminate this Agreement should you or your Second-tier Affiliate breach the abovementioned clause 6.5.1 and excludes to the fullest extent lawfully permitted all liability incurred pursuant to such a breach of the abovementioned clause 6.5.1


Summary: This is a simple exclusion towards marketing to the French.

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