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- Dec 13, 2006
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Fortune Affiliates have added several terms to their contract
NEW TERM, Definitions, Affiliate
1.1 Affiliate shall mean a natural or juristic person that may or may not be associated with another a parent, subordinate, subsidiary or member who has registered and is accepted by Us as an Affiliate of the Affiliate Program in terms of these Terms and Conditions;
REMOVED TERM, Definitions, Inactive
1.3 Inactive for the purposes of the preamble means earning no commission income
REMOVED TERM, Definitions, Second-Tier Affiliate
1.11 Second-Tier Affiliate means a person which You refer to Us and whom we accept as an Affiliate and is tagged as your referee.
REMOVED TERM, Definitions, Affiliate
Affiliate means a member of the Affiliate Program, having registered and having been accepted by Us as an affiliate in accordance with these terms and conditions;
NEW TERM, Terms Binding, Agreement
2.2 By using this Website and/or registering as an Affiliate with the Affiliate Program, You agree to be bound by these Terms and Conditions
UPDATED TERM, Definitions, Inactive
1.7.1 any information of whatever nature, which has been or may be obtained by the Affiliate from the Operator and/or its licensors, whether by way of the Affiliate Program or otherwise, whether relating to the Operator’s information and whether in writing or in electronic form or pursuant to discussions with the Operator, 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;
1.7.2 analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition; and
1.7.3 any dispute between the Affiliate and the Operator resulting from this Agreement;
1.8 Delinquent activity means activities which in Our sole opinion is deliberately practiced by an Affiliate in order to secure a real or potential, unfair or unlawful gain;
1.9 Dormant means earning no commission income for a period going back at least 6 months;
1.10 Inactive means delivering no new player accounts for a period going back at least 6 months;
1.11 Intellectual Property means any and all now known or hereafter known tangible and intangible rights associated with works of authorship throughout the world, including but not limited to:
1.11.1 copyright;
1.11.2 trademark and trade name rights;
1.11.3 domain name and rights;
1.11.4 trade secret rights;
1.11.5 patents, designs and algorithms;
1.11.6 all other intellectual property rights of whatever nature however known around the world including logos, distinctive marks and any other unique identifiable feature whether arising by operation of law, contract, licence or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues no or hereafter in force;
Player Means:
1.12.1 With reference to the Casinos,
1.12.1.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online casinos defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit from the casino and thereafter wagered at the casino, and whose account hasn’t been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.1.2 Total Active Player is defined as: A person who has registered a real account in good faith at one of the online casinos defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit previously from the casino and is wagering at the casino in the current month, and whose account hasn’t been locked for delinquent activity. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.2 With reference to the Poker Rooms:
1.12.2.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online Poker Rooms defined herein bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit from the Poker Room and thereafter raked raked at the casino poker room, and whose account hasn’t been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.2.2 New Qualified Active Player is defined as: A person who has registered a real account in good faith at one of the online Poker Rooms defined herein bearing an electronic tag that identifies him as having been referred by (Affiliate), and has raked at qualifying tables, and whose account hasn’t been locked for delinquent activity, all within the same calendar month;
1.12.3 With reference to the Bingo rooms:
1.12.3.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online bingo rooms defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of £10 credit from the bingo room and thereafter raked at the bingo room, and whose account hasn’t been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.3.2 Total Active Player is defined as: A person who has registered a real account in good faith at one of the online bingo rooms defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of £10 credit previously from the bingo room and is raking at the bingo room in the current month, and whose account hasn’t been locked for delinquent activity. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.4 In all instances, such Player shall be required to be a unique, new, natural person previously unregistered with any account whatsoever with the relevant Casino , Poker Room and/ or Bingo Room;
NEW TERM, Best Practices, eCogra
3.2.4 warrant that all Your marketing activities adhere to the eCOGRA Generally Accepted Practices (eGAP);
NEW TERM, Affiliate Duties, Marketing Materials
4.6 Affiliates shall comply with any relevant data protection laws in the jurisdiction in which the Affiliate is domiciled and any jurisdictions in which the Affiliate operates.
NEW TERM, Marketing Materials, Exploitation
4.10 Exploitation of 3rd party platforms and services:In accordance with our anti-spam policy, any Affiliate who abuses or exploits 3rd party platforms including search engines, press release platforms, social media services and other web services that results in unethical or unfair business practice.
NEW TERM, Fortune Affiliates Responsabilities, Player Tracking
5.2 We will register Players and track their purchases and their play where appropriate. .
UPDATED TERM, Commissions, Payment Date
5.9 For the purposes of calculating commission earnings, the Affiliate Program month-end is the last day of the month. Commission calculations for the purposes of determining the preceding month’s balance are finalized by the 5th day of each month. Payments of commission for the previous month are made by the 20th day after the close of the month and payment information imported into the affiliate system thereafter.
UPDATED TERM, Commissions, Payment Method
5.10 Commission payments shall be effected by one of the following methods: Wire, ACH, Check,NETELLER, Payspark, EcoCard, UseMyWallet or Click2Pay. It is the responsibility of the Affiliate to select the method of payment
NEW TERM, Commissions, Locked Players
5.11 Should a player’s account be locked at their own request, and not for delinquent activity, the revenue of such players will be added back to Your account and the impact may be positive or negative towards your overall earnings, dependent on such player’s wins or losses.
NEW TERM, Intellectual Property, sub-license
6.2 You shall not have the right to sub-licence the Intellectual Property in any way whatsoever, wither in whole or in part to a third party.
UPDATED TERM, Derivative Domains, Copyrights
OLD TERM
6.4 Although We do not condone it, we may tolerate from time to time the use of URLs , which contain derivatives of the Casino and/or Poker Rooms respective brands, however, You expressly acknowledge that You have no legal interest therein, apart from the limited license granted in terms of this agreement. Furthermore, you hereby irrevocably agree that you shall transfer such domain names to Us upon Our request, failing which You hereby authorize the relevant domain name registrar transfer such domain names, containing the registered trademarks of Our Casino and/or Poker Room clients to Us and You undertake to do all things necessary to assist with such transfer.
NEW TERM
6.5 Derivatives of brand names in URLs:Under no circumstances will we tolerate the registration or use of URLs which contain derivatives of the Casino, Poker or Bingo rooms’ respective brands. Affiliates who exploit brand name derivates in the URLs that they market will be faced with punitive action including, but not limited to, the withholding of payments.
6.6 Copyright infringement:The content on the Casino, Poker or Bingo sites is copyrighted in various territories. Under no circumstances whatsoever will the duplication of this content in any form be tolerated. Affiliates who infringe on this copyright by republishing content that already appears on any of the Casino Poker or Bingo sites will face punitive action including, but not limited to the withholding of payments.
UPDATED TERM, Disclaimers, Indemnity and Warranties, Holding Harmless
7.4 You hereby indemnify and hold Us and the Casinos, Poker Rooms, Bingo Rooms, licensors, suppliers, contractors, agents and their directors, officers, employees and representatives harmless from and against and all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to Your performance in terms of this agreement and the development, operation, maintenance, and contents of Your website, notwithstanding that some of such content may have been provided by Us under license to You.
NEW TERM, Miscellaneous, Assign Rights
8.4 You may not assign any rights You may have in terms of these Terms and Conditions, by operation of law or otherwise, without Our prior written consent. Subject to this restriction, these Terms and Conditions will be binding on, ensure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.
Summary:The only term that gives us pause is the term regarding inactive accounts. It is ONLY a definition and is not governed by termination or commissions reduction, but it must be there for a purpose. Please see the complete terms alert in the link below.
See the full terms alert at: Fortune Affiliates Terms Alert – ID#744
Fortune Affiliates Changes Terms Substantially
NEW TERM, Definitions, Affiliate
1.1 Affiliate shall mean a natural or juristic person that may or may not be associated with another a parent, subordinate, subsidiary or member who has registered and is accepted by Us as an Affiliate of the Affiliate Program in terms of these Terms and Conditions;
REMOVED TERM, Definitions, Inactive
1.3 Inactive for the purposes of the preamble means earning no commission income
REMOVED TERM, Definitions, Second-Tier Affiliate
1.11 Second-Tier Affiliate means a person which You refer to Us and whom we accept as an Affiliate and is tagged as your referee.
REMOVED TERM, Definitions, Affiliate
Affiliate means a member of the Affiliate Program, having registered and having been accepted by Us as an affiliate in accordance with these terms and conditions;
NEW TERM, Terms Binding, Agreement
2.2 By using this Website and/or registering as an Affiliate with the Affiliate Program, You agree to be bound by these Terms and Conditions
UPDATED TERM, Definitions, Inactive
1.7.1 any information of whatever nature, which has been or may be obtained by the Affiliate from the Operator and/or its licensors, whether by way of the Affiliate Program or otherwise, whether relating to the Operator’s information and whether in writing or in electronic form or pursuant to discussions with the Operator, 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;
1.7.2 analyses, concepts, compilations, studies and other material prepared by or in possession or control of the recipient which contain or otherwise reflect or are generated from any such information as is specified in this definition; and
1.7.3 any dispute between the Affiliate and the Operator resulting from this Agreement;
1.8 Delinquent activity means activities which in Our sole opinion is deliberately practiced by an Affiliate in order to secure a real or potential, unfair or unlawful gain;
1.9 Dormant means earning no commission income for a period going back at least 6 months;
1.10 Inactive means delivering no new player accounts for a period going back at least 6 months;
1.11 Intellectual Property means any and all now known or hereafter known tangible and intangible rights associated with works of authorship throughout the world, including but not limited to:
1.11.1 copyright;
1.11.2 trademark and trade name rights;
1.11.3 domain name and rights;
1.11.4 trade secret rights;
1.11.5 patents, designs and algorithms;
1.11.6 all other intellectual property rights of whatever nature however known around the world including logos, distinctive marks and any other unique identifiable feature whether arising by operation of law, contract, licence or otherwise and all registrations, initial applications, renewals, extensions, continuations, divisions or reissues no or hereafter in force;
Player Means:
1.12.1 With reference to the Casinos,
1.12.1.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online casinos defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit from the casino and thereafter wagered at the casino, and whose account hasn’t been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.1.2 Total Active Player is defined as: A person who has registered a real account in good faith at one of the online casinos defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit previously from the casino and is wagering at the casino in the current month, and whose account hasn’t been locked for delinquent activity. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.2 With reference to the Poker Rooms:
1.12.2.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online Poker Rooms defined herein bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of $20 credit from the Poker Room and thereafter raked raked at the casino poker room, and whose account hasn’t been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.2.2 New Qualified Active Player is defined as: A person who has registered a real account in good faith at one of the online Poker Rooms defined herein bearing an electronic tag that identifies him as having been referred by (Affiliate), and has raked at qualifying tables, and whose account hasn’t been locked for delinquent activity, all within the same calendar month;
1.12.3 With reference to the Bingo rooms:
1.12.3.1 New Active Player is defined as: A person who has registered a real account in good faith at one of the online bingo rooms defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of £10 credit from the bingo room and thereafter raked at the bingo room, and whose account hasn’t been locked for delinquent activity, all within the same calendar month. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.3.2 Total Active Player is defined as: A person who has registered a real account in good faith at one of the online bingo rooms defined herein, bearing an electronic tag that identifies him as having been referred by (Affiliate), and has purchased a minimum of £10 credit previously from the bingo room and is raking at the bingo room in the current month, and whose account hasn’t been locked for delinquent activity. Furthermore, such person may not be an officer, employee or business associate of any of the parties participating in this contract, nor a family member of such office, employee or associate;
1.12.4 In all instances, such Player shall be required to be a unique, new, natural person previously unregistered with any account whatsoever with the relevant Casino , Poker Room and/ or Bingo Room;
NEW TERM, Best Practices, eCogra
3.2.4 warrant that all Your marketing activities adhere to the eCOGRA Generally Accepted Practices (eGAP);
NEW TERM, Affiliate Duties, Marketing Materials
4.6 Affiliates shall comply with any relevant data protection laws in the jurisdiction in which the Affiliate is domiciled and any jurisdictions in which the Affiliate operates.
NEW TERM, Marketing Materials, Exploitation
4.10 Exploitation of 3rd party platforms and services:In accordance with our anti-spam policy, any Affiliate who abuses or exploits 3rd party platforms including search engines, press release platforms, social media services and other web services that results in unethical or unfair business practice.
NEW TERM, Fortune Affiliates Responsabilities, Player Tracking
5.2 We will register Players and track their purchases and their play where appropriate. .
UPDATED TERM, Commissions, Payment Date
5.9 For the purposes of calculating commission earnings, the Affiliate Program month-end is the last day of the month. Commission calculations for the purposes of determining the preceding month’s balance are finalized by the 5th day of each month. Payments of commission for the previous month are made by the 20th day after the close of the month and payment information imported into the affiliate system thereafter.
UPDATED TERM, Commissions, Payment Method
5.10 Commission payments shall be effected by one of the following methods: Wire, ACH, Check,NETELLER, Payspark, EcoCard, UseMyWallet or Click2Pay. It is the responsibility of the Affiliate to select the method of payment
NEW TERM, Commissions, Locked Players
5.11 Should a player’s account be locked at their own request, and not for delinquent activity, the revenue of such players will be added back to Your account and the impact may be positive or negative towards your overall earnings, dependent on such player’s wins or losses.
NEW TERM, Intellectual Property, sub-license
6.2 You shall not have the right to sub-licence the Intellectual Property in any way whatsoever, wither in whole or in part to a third party.
UPDATED TERM, Derivative Domains, Copyrights
OLD TERM
6.4 Although We do not condone it, we may tolerate from time to time the use of URLs , which contain derivatives of the Casino and/or Poker Rooms respective brands, however, You expressly acknowledge that You have no legal interest therein, apart from the limited license granted in terms of this agreement. Furthermore, you hereby irrevocably agree that you shall transfer such domain names to Us upon Our request, failing which You hereby authorize the relevant domain name registrar transfer such domain names, containing the registered trademarks of Our Casino and/or Poker Room clients to Us and You undertake to do all things necessary to assist with such transfer.
NEW TERM
6.5 Derivatives of brand names in URLs:Under no circumstances will we tolerate the registration or use of URLs which contain derivatives of the Casino, Poker or Bingo rooms’ respective brands. Affiliates who exploit brand name derivates in the URLs that they market will be faced with punitive action including, but not limited to, the withholding of payments.
6.6 Copyright infringement:The content on the Casino, Poker or Bingo sites is copyrighted in various territories. Under no circumstances whatsoever will the duplication of this content in any form be tolerated. Affiliates who infringe on this copyright by republishing content that already appears on any of the Casino Poker or Bingo sites will face punitive action including, but not limited to the withholding of payments.
UPDATED TERM, Disclaimers, Indemnity and Warranties, Holding Harmless
7.4 You hereby indemnify and hold Us and the Casinos, Poker Rooms, Bingo Rooms, licensors, suppliers, contractors, agents and their directors, officers, employees and representatives harmless from and against and all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to Your performance in terms of this agreement and the development, operation, maintenance, and contents of Your website, notwithstanding that some of such content may have been provided by Us under license to You.
NEW TERM, Miscellaneous, Assign Rights
8.4 You may not assign any rights You may have in terms of these Terms and Conditions, by operation of law or otherwise, without Our prior written consent. Subject to this restriction, these Terms and Conditions will be binding on, ensure to the benefit of, and enforceable against You and Us and Your and Our respective successors and assigns.
Summary:The only term that gives us pause is the term regarding inactive accounts. It is ONLY a definition and is not governed by termination or commissions reduction, but it must be there for a purpose. Please see the complete terms alert in the link below.
See the full terms alert at: Fortune Affiliates Terms Alert – ID#744
Fortune Affiliates Changes Terms Substantially
