By linking to Casino Adrenaline, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement. The owner of Casino Adrenaline will automatically become counter-party.

1. Casino Adrenaline Rights and Obligations

1.1. Register your Customers

We will register your customers 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. (“Customer” means your customers that use the link from your site to ours and open an account with us. By opening an account with us, they will become our Customers and, accordingly, all Casino Adrenaline rules, policies, and operating procedures will apply to them.)

1.2. Track Customers’ Play

We will track customers’ play and will send you a report summarizing their activity. The form, content and frequency of the reports may vary from time to time based on our discretion. We will provide you with remote online access to reports of customer activity and the referral fees generated

1.3. Pay a Referral Fee

We will pay you referral fees on the net win we earn from players directed from your site after they open an account with us and wager for real money.

1.4. 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 referral fees, fee schedules, and Profit Sharing 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.

2. Affiliate Rights and Obligations

2.1. Linking to Casino Adrenaline

By agreeing to participate in this Profit Sharing Program, you are agreeing to create a unique link from your site to Casino Adrenaline. 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 executable (.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 casino 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.

2.2. 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 referral fees or other compensation on business secured by or through persons or entities other than you.

2.3. Approved Layouts

We will pay you referral fees on the net win we earn from players directed from your site after they open an account with us and wager for real money.

2.4. Good Faith

You will not knowingly 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 referral fees with respect to such traffic.

2.5. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, 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.

2.6 License to use Marks

We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use Casino Adrenaline 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. 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.

2.7. Confidential Information

During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Casino Adrenaline and/or the Profit Sharing Program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.

3. Spam Policy Agreement

The Spam Policy is an integral part of this Agreement. Failure to adhere to this policy may void any affiliate earnings and may be grounds for the termination of your account.

3.1. Content

· E-mails must contain header information that is technically accurate and includes an originating electronic mail address, domain name, or Internet Protocol.

· Headers may not include false information, including no false information about the subject of the e-mail, sender, originating server, date or time.

· E-mails that are solicitations or advertisements must contain clear and conspicuous identification that the e-mail is a solicitation or advertisement.

· All entities sending emails must have a physical mailing address supplied in the email.

· All emails must have a proper subject line. The title cannot be disguised in any way.

· All emails must be supplied with an opt-out message in the header that contains a real email. All requests to opt out must be honored and the recipient who has opted out may not be contacted via e-mail again.

3.2. Origination

· E-mails must be sent from a valid email address that must be active for a minimum of 30 days from the date the email(s) is sent.

· All emails must be for a targeted email list.

3.3. Volume

· It is unlawful to use scripts or other automated means to register for multiple electronic mail accounts or online user accounts.

· It is unlawful to use “Dictionary attacks” or the use of a software program to automatically generate millions of permutations of letters and numbers to attempt to contact legitimate e-mail addresses.

4. Chargebacks

A chargeback is defined as non-collectable receivable from a Visa or Mastercard as a result of customer non-payment or fraudulent credit card use. Fifty percent of all charged back amounts will be deducted from your payment or the reserved funds. Charge back fees will be paid to Visa or Mastercard and will be administered by Casino Adrenaline.

5. Term and Termination of Agreement

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. Steps Upon Agreement Termination

You must remove all of our banners and icons from your site and disable the link from your site to Casino Adrenaline. All rights and licenses given to you in this Agreement shall immediately be terminated. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees with respect to play occurring after the date of termination. If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees 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.

5.4. Commercial Use Only

This Marketing opportunity is for commercial use only. You, your family members, friends and associates may not make purchases, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Marketing Fees payables to you. If you wish to make test transactions to evaluate the system, including Purchases, please contact [email protected] so we can refund the charges once you have completed your testing. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deduct such Purchases or traffic from your Marketing Fees.

6. 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 our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.

7. Indemnity

You shall defend, indemnify, and hold Casino Adrenaline, its 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:

· any breach by you of any warranty, representation, or agreement contained in this Agreement

· the performance of your duties and obligations under this Agreement

· 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 Profit Sharing Program.

8. Disclaimers

We make no express or implied warranties or representations with respect to the Profit Sharing Program, Casino Adrenaline or referral 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.

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 Profit Sharing 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 referral fees 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 referral 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 websites that are similar to, or compete with, your website. You have independently evaluated the desirability of participating in this profit sharing program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

11. Miscellaneous

11.1. Governing Law

This Agreement will be governed by the laws of Curacao, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Curacao and you irrevocably consent to the jurisdiction of its courts.

11.2. Assignability and Inurnment

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.

11.3. 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. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognized by us. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

11.4. Remedies

Our rights and remedies hereunder shall not be mutually exclusive, i.e., 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.

11.5. Severability/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.

IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your website to ours.