The following are our complete terms and conditions to apply as a member of the AFFmotion.com affiliation program. Please read this agreement completely. By submitting the application form or linking to the AFFmotion.com site you are deemed to have agreed to be bound to the terms and conditions set out in this agreement.
You can enroll as a member of AFFmotion.com affiliation Program by creating a unique link to AFFmotion Clients using text or one of our banners located on our banner farm.
1.1 "Site(s)" means the AFFmotion clients websites and their related pages defined at "Products" section in http://affmotion.com/
1.2 "Trader(s)" means a person that enters the Sites via your Tracker(s) and deposited a certain amount of money.
1.3 "Tracker(s)" means the unique tracking URL that we provide exclusively to you, during the term of this Agreement, through which we track your efforts and calculate your Advertising Revenue.
1.4 "Banners and Text Links" means the graphical artwork or text that will be directed to our clients sites home page, through your Tracker, to permit a trader to hyperlink from your website to the Sites
1.5 "Deposit(s)" means funds transferred by traders to their Sites account.
1.6 "Withdrawal(s)" stands for every amount of funds that have been cashed out by traders via their account in the Site, plus the pending sum in the traders´ account and every deposit made (or granted credits); to avoid any kind of fraud, error, traders` disatisfaction or charges against the Site.
1.7 "Net Revenue" stands for the sum of the deposits minus the refunds generated through your Tracker(s), solely via the information gathered by the register files in the Site.
1.8 "Revenue sharing commission structure" is the percentage of Site Net Revenue due and payable to you, at the end of each calendar month, based solely on our system data. The Advertising Revenue will be a percentage of the "Site Net Revenue" according to the amount of wagers made by traders you send within 1 month of activity (see chapter 4).
1.8.1 "CPA commission structure" is the amount paid per new trader depositing an amount of money defined at the Site that the affiliate refers to one of them (see 1.11 and next). The affiliate will get paid for the new traders based on the respective scales defined at "Commissions" section in http://www.empiremoney.com/index.php?inc=payments
1.8.2 "Duplicate trader(s)" means a trader that opened more then one account on some Sites.
1.8.3 "Fraud(s) trader(s)" stands for a trader that acts in a fashion considered by the Sites as "a violation of its conditions of use". Those affiliates who have chosen a CPA commission structure will not receive commissions from Duplicate traders or fraud. In the case that fraud traders continue to be re-directed, AFFmotion holds the right to suspend the account of its associate and retain every generated payments.
1.8.4 Affiliates who chose a CPA commission structure will receive no commissions for Duplicate traders and Abusive traders.
1.8.5 "Revenue program" is the percentage paid according to the trader losses registered at the Sites referred by the affiliate. The affiliate will get paid based on the respective scales defined "Commissions" section in http://www.empiremoney.com/index.php?inc=payments
1.8.6 The affiliate may choose to work within the "revenue program" or under the "CPA (cost per acquisition) commission structure".
1.9 Message Boards/Forums A large amount of abusive/bonus seeking traffic is directed to the Sites via message boards/forums. Therefore we reserve the right to not accept traffic directed to us from message boards and/or forums. Any traffic coming from message boards and/or forums will be redirected to another location automatically unless exceptionally approved.
1.10 "Spam" means emails and messages that are sent by you, directly or indirectly, which: 1), contain false or misleading statements; 2), do not truthfully identify the source or the originating IP Address; or 3), do not contain an online and real time Remove option.
1.11 "Fraud Traffic" means Deposits or traffic generated at the Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks.
1.11.1 This agreement is just for commercial use only, the affiliate as well his family members, friends and associates may not make deposits, directly or indirectly, through his Tracker in order to increase in a fraudulent way his incomes. Any action the affiliate offer to the trader(s) to make minimum deposits to increase the affiliate incomes constitutes fraudulent and disloyal practices in the commercial relationship.
1.11.2 AFFmotion reserves the right to not pay the CPA payment in cases where we notice that the method is being abused, or where affiliates reward traders a part of the CPA amount in order to get them to sign up with one of the Sites. After being notified, if the affiliate or trader(s) keeps on practicing them, AFFmotion will disable the affiliate account and, depending on the case, it will inform others about the fraudulent practices of the affiliate.
1.12 "Sub-Affiliates" means all traffic generated via your dedicated links and generated by a third part you contacted and linked to the site.
2. Our Rights and Obligations
2.1 Register your traders. We will register your traders and will track their play. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.
2.2 Track traders Play, We will track traders play and will provide you with remote online access to reports of customer activity and the Advertising Revenue generated.
2.3 Pay a marketing Fee, We will pay you Advertising Revenue (defined above) we earn from traders directed from your site after they open an account with us and based on Deposits they make for real money.
2.4 AFFmotion holds the right of not paying the CPA Commission in the case abuse methods or repeated use of Site winning systems are detected; or in which affiliates offer their traders a percentage of the CPA Commission in order to stimulate them to register in any of the Sites.
2.5 AFFmotion does not accept affiliation applications with tax domicile in the People´s Republic of China under any of its payment models. Every affiliate that resides in this said country who has filled the registration form with false information, will be automatically suspended.
2.6 Due to commercial and legal reasons AFFmotion reserves the right to accept webmasters with physical addresses in United Kingdom.
2.7 Incoherences in the registration. Every Affiliate that fills the registration form with false data will be subject to the "freezing" of his/her accounts until trustworthy personal information is provided. AFFmotion holds the right of partially or completely halt the users´ accounts until reliable information of identity is revealed.
2.8 Modification. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site which we will notify you of. Modifications may include, for example, changes in the scope of available Advertising Revenue, fee schedules, and affiliation 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 (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3. Your Rights and Obligations
3.1 Linking to the client`s sites, By agreeing to participate in this affiliation Program, you agree to create a unique link from your site to one of the client`s sites. You may link to us with one of our banners or with a text link. With our written permission, you may link directly to our downloadable .exe file. 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 clients site in any other unauthorized way. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
3.2 Agency Appointment, By this Agreement, we grant you the non-exclusive right to direct customers to our site 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 Advertising Revenue or other compensation on business secured by or through persons or entities other than you.
3.3 Approved Layouts, Without our prior written approval, you will only use our approved banners and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use banners from AFFmotion banner farm.
3.4 Good Faith, You will not benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. 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 Advertising Revenue with respect to such traffic.
3.5 Responsibility for Your Site, You will be solely responsible for ensuring that materials posted on your site 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 site.
3.6 License to use Marks, We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use AFFmotion intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. 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. Under this concept completely restricts the specific use of associated trademarks (EmpireOption and RoyalCM) for all media buying in any search engine.
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.
4.1 Charge-backs, A charge-back is defined as un-collectable credit cards transaction from the credit cards companies as a result of customer non payment or fraudulent credit card use. All charged back amounts will be deducted from your payment or the reserved funds. Charge back fees will be paid to credit cards companies and will be administered by AFFmotion.
4.1.1 Charge-back, credits during processing period. If a charge back or credit occurs during the fee payment processing period (20th to 30th of every month), we reserve the right to deduct the associated fees from the owed Advertising Revenues.
4.1.2 traders unpaid by clients. AFFmotion holds no responsibility whatsoever over traders declared as "fraud" by any of its clients, being immediately deducted from the month commission of our affiliates. In the case a trader is declared "fraud" but has already been accredited to our affiliate, the deduction will occur upon the next month payment.
4.2 Payments. AFFmotion will pay the income generated via advertising in a monthly basis, between the 20th and 30th of the next calendar month. If you do not reach the minimum amount for withdrawal according to the chosen payment method, your winnings will be held over until the next calendar month. The whole of the payments will be executed in american dollars. If the account presents a negative balance (for ex., in the case the clients´ earnings have exceeded the loss), the negative debit balance will be transferred to the next calendar month. The amount of your advertising earnings will be calculated in good faith according to our statistics.
4.2.1 Payment Methods. AFFmotion provides three different methods to pay for the traffic of its partners: Neteller, Moneybookers and Wire Transfer. Via Neteller and Moneybookers the minimum withdrawal amount is 50 American Dollars, whereas through Wire Transfer, affiliates must credit a balance of 400 American Dollars. AFFmotion assumes every transfer costs involved in the payment of commissions, but holds no responsibility over additional costs adopted by the financial entity chosen by the affiliate to withdraw any given commission.
4.2.2 Cancellation of Payments. Every payment to affiliates is automatically processed once the minimum amount is reached according to the selected payment method. In the case the affiliate fails to select a given payment method or the balance does not reach the required amount for a period of more than 6 (six) months, as well as not crediting traffic variables (clicks), AFFmotion holds the right to cancel the accumulated payment, not being able to claim it under any circumstance. Once this action is undergone the balance of the affiliate returns to zero.
4.3 Commission when trader is affiliate AFFmotion reserves the right not to pay an affiliate for their personal losses in the Site.
5. Term and Termination
5.1 The term of this Agreement will begin when you create a unique link to our site 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.
5.2 Upon termination: You must remove all of our banners/icons from your site and disable the link from your site to ours. All rights and licenses given to you in this Agreement shall immediately terminate. If you have failed to fulfill your obligations and responsibilities, we will not pay you the Advertising Revenue 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 play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
5.3 Confidential Information WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights.
6 - Indemnity
You shall defend, indemnify, and hold AFFmotion, 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 any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Affiliation Program.
7 - Disclaimers
We make no express or implied warranties or representations with respect to the Affiliation Program, AFFmotion or marketing 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.
8 - 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 AFFmotion behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.
9 - 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 Affiliation 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 Advertising Revenue 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. Any liability arising under this Agreement shall be satisfied solely from the marketing fee generated and is limited to direct damages.
10 - 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 OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATION PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11.1 Governing Law, The Antiguan law prevails in reference to this contract. Any and all actions related to say contract must be presented in Antiguan courts and you should, thus, irrevocably consent to the jurisdiction and rulings of those courts.
11.2 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. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
11.3 Remedies, Our rights and remedies hereunder shall not be mutually exclusive, for example, 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.
11.4 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 downloading our banner and creating a link from your site to ours.
11.5 Media Buying limitations AFFmotion.com holds the rights to manage media buying in the different search engines and/or display networks with the specific words/name of every one of the brands that are under its affiliate program umbrella, totally banning the purchase of the following keywords: Tradear.com, Tradear, AFFmotion.com, AFFmotion, as well as every long tail derivative or combination of these terms. In the case a registered affiliate makes use of such keywords, EmpireMoney reserves the right to hold or cancel the given affiliate's payments and pending commissions. Affiliate will be allowed to use these keywords only with express consent of an AFFmotion affiliate manager or representative.