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This Agreement sets forth all the terms and conditions that apply to the relationship between Crown Games ("Crown Games") and participants in the Crown Games / cultLotto.com Affiliate Program (the "Program"). Crown Games / cultLotto.com may sometimes be referred to as "we" and the Affiliate may sometimes be referred to as "you."
Registering for the Program
To apply to the Program, you must have your own web site connected to the World Wide Web ("your site"), and you must register on the cultLotto / Crown Games web site (the "site"). You must also agree to the terms of this Agreement by clicking the check box labeled "I agree to the Affiliate Terms Of Service" which appears on the Registration page. By doing that, you acknowledge that you have reviewed this Agreement and agree to comply with the terms and conditions contained herein.
As part of your registration, you are agreeing 1. to give Crown Games accurate, current, and complete information about yourself on the registration form (the "Registration Data"); 2. to maintain the security of your password and identification; 3. to maintain and promptly update the Registration Data, and any other information you provide to Crown Games, in order to keep it accurate, current and complete; 4. that your site does not and will not at any time contain or promote or link to other sites containing materials that: depict or promote violence or bias crimes; are discriminatory with respect to age, race, sex, religion, nationality, disability, or sexual orientation; are illegal or promote illegal activity; or violate intellectual property rights of other persons (collectively, the "prohibited activities").
We may reject your registration if we visit your site and determine that your site does engage in any prohibited activities. If we reject your registration, you may re-apply to the Program at any time.
You are solely responsible for all use of the Program under your password and/or through your account. If you lose your password or suspect unauthorized use of your account, you must inform Crown Games / cultLotto.com immediately. Crown Games / cultLotto.com shall not be liable for any loss or damage resulting from your failure to safeguard your password and account.
License / Branding / Linking Between Your Site and Ours
Once you have signed up as an Affiliate, we will provide pre-programmed Promotion Tools / Marketing Materials ("Promotion Tools") that allow Affiliates to incorporate banner ads, text links and buttons linking the Affiliates' site(s) to the cultLotto.com site. Affiliates may then earn referral fees for cultLotto.com membership sign-ups entered into by visitors who subscribe through these approved links. You may only place the marketing materials provided by Crown Games / cultLotto.com on your own website.
As an Affiliate, you are granted a limited, revocable, non-exclusive, non-transferable license to use the Promotion Tools associated with the Program in accordance with this Agreement. This means that: 1. You may use the Promotion Tools to incorporate pre-programmed HTML and graphics onto your site. 2. You are prohibited from modifying the Promotion Tools, without expressed, prior written consent from Crown Games / cultLotto.com. 3. You are prohibited from selling, redistributing, sublicensing, or transferring all or any portion of the Promotion Tools, and from interfering or attempting to interfere in any manner with the proper working of the Promotion Tools.
Identifying Yourself as an Affiliate
On your site, you may use the Promotional Tools and generally identify yourself as a cultLotto.com Affiliate and publicize your participation in the Program, but you are strictly prohibited from issuing any press release with respect to the Program, this Agreement or your participation in the Program. Except to identify yourself as an Affiliate, you may not in any manner express or imply any relationship or affiliation between Crown Games / cultLotto.com and you, or that Crown Games / cultLotto.com supports, endorses, or contributes to your corporation, your site, or your activities. You are also prohibited from in any way copying or imitating the look and feel of cultLotto.com's site to create the impression that your site is related to or a part of the cultLotto.com site. You are also prohibited from acquiring the search words and phrases "cultLotto", "Crown Games" or any variation thereof that may reasonably cause your site to appear as a result of a search containing any of those words and phrases, should the site contain only cultLotto.com's Affiliate Program.
Termination
Crown Games reserves the right to immediately terminate your participation in the Program if Crown Games at any time determines, or has reason to believe, that 1. you have provided any information that is untrue, inaccurate or incomplete or 2. you are otherwise violating this Agreement in that 2.1 your site is engaging in any prohibited activities listed in section 1; 2.2 you are violating our trademarks or other proprietary rights by using trademarks or domains that include the word "cultLotto" or variations of it, or otherwise exceeding the rights Crown Games is granting to you under Section 3; 2.3 you generate leads by yourself and not by your site(s)'s visitors; 2.4 you generate leads by paying your site(s)'s visitors cash / points for signing up for our game; or 2.5 you are engaging in any other activity that may, in Crown Games's sole judgment, harm Crown Games's reputation or goodwill or the reputation or goodwill of our participating publishers.
Fees for Referrals
As an Affiliate in good standing under this Agreement, you will be entitled to payment of a one-time fee of US$ 0.50 per valid member lead, US$ 2.00 for every advertising order done through your affiliate link and 10% of your Sub-Affiliate's Earnings.
Crown Games / cultLotto.com reserves the right to change the fee amount and requirements for payment from time-to-time in its sole discretion, provided that any change would not effect past earnings.
Payments will be issued at the end of each month for the previous month's earnings (NET 30), provided that you have covered the minimum payment of US$ 25.00 to that date. The earnings are then sent to your account within the first 7 days of the beginning of each month. This means that, for example, you will receive your earnings for January within the first seven days of March. Earnings for months in which you have not covered the minimum amount, will be carried over to the next month.
Use of Visitor Information
All users who click through to the cultLotto.com site are deemed to be visitors of cultLotto.com. We have no obligation to share with you any visitor information we collect. To the extent that we share with you any visitor information that we collect, you shall maintain such information in strict confidence, and make use of it only as expressedly permitted by us. In no event will you make use of any such visitor information in violation of the cultLotto.com Privacy Policy, or in any illegal manner.
Under no circumstances shall you send commercial electronic mail messages as defined in the Federal spam law, the CAN-SPAM Act of 2003 (the "Act"), with respect to the Program, or with respect to or utilizing the Promotional Tools. You are not prohibited from sending transactional or relationship messages as defined and permitted in the Act. You are responsible for your compliance with the Act.
Providing Content to cultLotto.com
If at any time you provide any text, images, code, and other content other than your registration information ("Content") to cultLotto.com for use on the cultLotto.com site, you hereby grant to Crown Games / cultLotto.com a perpetual, royalty-free, non-exclusive, worldwide, irrevocable right and license to: 1. use, reproduce, perform, display and distribute the Content in any manner, 2. adapt, modify, re-format and create derivative works of the Content for any purpose, and 3. sublicense the foregoing rights to others. In the event you provide Crown Games / cultLotto.com with Content, you represent and warrant that: 1. the Content is your original work or you obtained the Content in a lawful manner, and 2. Crown Games / cultLotto.com and its licensees' use of the Content will not violate any third party's rights, including but not limited to copyright, trade secret, or contract rights. Crown Games / cultLotto.com reserves the right, but is not obligated to, use and publish your name in the form of a credit in conjunction with the Content you supply to Crown Games / cultLotto.com, and by supplying any Content, you grant Crown Games / cultLotto.com the irrevocable right to do so.
Ownership
As between you and Crown Games / cultLotto.com, Crown Games / cultLotto.com is and shall be at all times the owner of all rights throughout the world in and to: the Program; the cultLotto.com site; all content included in or related to Crown Games / cultLotto.com's services, content, web sites, and related works; all trademarks, service marks, and other proprietary rights and designations related to Crown Games / cultLotto.com; and all other proprietary rights embodied in or related to any of the foregoing.
Disclaimer of Warranties / Limitation of Liability
THE CULTLOTTO.COM SITE, ITS SERVICE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS, CONTINUITY OF SERVICE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESTENTATION THAT THE OPERATION OF THE CULTLOTTO.COM SITE WILL BE UNINTERRUPTED OR ERROR FREE OR ANY WARRANTY OR REPRESENTATION OF THE AMOUNT OF REFERRAL FEES THAT YOU WILL EARN. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE CROWN GAMES / CULTLOTTO.COM SERVICE AND PARTICIPATION IN THE PROGRAM IS ENTIRELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, CROWN GAMES / CULTLOTTO.COM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO: 1. ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; 2. DAMAGES RELATED TO YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY PROMOTIONAL TOOLS AND/OR USE OF ANY CONTENT FROM ANY CROWN GAMES SERVICE; 3. DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; 4. DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SERVICE, ERRORS OR OMISSIONS; 5. DAMAGES RELATED TO DOWNLOADING INFORMATION; AND 6. DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF CROWN GAMES / CULTLOTTO.COM SHALL BE LIMITED TO THE TOTAL REFERRAL FEES PAID OR DUE YOU UNDER THIS AGREEMENT.
Responsibility for your Site
You are solely responsible for the operation and maintenance of your site, including without limitation compliance with all applicable laws. Crown Games disclaims all liability related to the operation of your site. You agree to indemnify, defend and hold harmless Crown Games, its licensors and licensees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to 1. the operation and maintenance of your site; 2. any of your acts or omissions related to your participation in the Program; 3. your breach of this Agreement or any representation, warranty or covenant made by you herein or therein; or 4. your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives any termination of this Agreement.
Termination
This Agreement is effective as of your registration. Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination in accordance with this paragraph. If Crown Games terminates your participation, you will be notified by e-mail. If you choose to terminate, you may do so by loggin in to your affiliate account and using your "My Account" page, or by sending an e-mail to Crown Games / cultLotto.com.
Upon the termination of this Agreement, you will immediately cease use of, and remove from your site, all links and references to cultLotto.com, the Promotional Tools and any other trademarks, service marks, trade names, logos, and all other designations, content, and/or materials provided by or on behalf of Crown Games / cultLotto.com to you. Upon termination, you are eligible for referral fee payments only for qualified affiliate referrals fully completed as of the date of termination, provided such referral fee payment is at least US$ 25.00 or more.
General Provisions
Crown Games / cultLotto.com may amend the terms of this Agreement from time to time by posting amendments on the cultLotto.com website under "Affiliate Terms Of Service." IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM, WHICH WILL TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THIS PROGRAM FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF THIS AGREEMENT WILL INDICATE YOUR BINDING ACCEPTANCE TO THESE CHANGES.
YOU UNDERSTAND THAT CROWN GAMES MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
If any provision of this Agreement is held by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed not to be a part of this Agreement, and the remaining portions of this Agreement shall remain in full force and effect.
No failure or waiver by Crown Games to insist upon or enforce strict performance by you of any provision of this Agreement, or to exercise any of its rights or remedies under this Agreement or otherwise available at law or in equity, will be deemed a waiver of Crown Games's right to assert or rely on any such provision, right or remedy in that or any other instance.
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