Terms & Conditions

Before joining our Affiliate Program as an Affiliate, please make sure that you have read and understood this agreement in its entirety. By submitting the application form or linking to the www.maxrevshare.com site you are deemed to have agreed to be bound to the terms and conditions set out in this agreement.

The terms and conditions on this page are updated periodically so be sure to refer back often. You the Affiliate will be bound to these changes.

1.Definitions

1.1 'Affiliate' shall mean you, a natural or juristic person that may or may not be associated with another as a parent, subordinate, subsidiary, or member who has registered and is accepted by MaxRevShare as an Affiliate in the Affiliate Program;

1.2 'Affiliate Program' shall mean the affiliate program operated by MaxRevShare;

1.3 'Commission' means the commission set out in the Commission Schedule;

1.4 'Confidential Information' shall mean:

1.4.1 any information of whatever nature which is not in the public domain, which has been or may be obtained by the Affiliate from MaxRevShare, relating to MaxRevShare’s information and whether in writing or in electronic form or pursuant to discussions between MaxRevShare, 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;

1.4.2 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 includes any dispute between the Affiliate and MaxRevShare resulting from this Agreement;

1.5 'Copyright' for purposes of this agreement shall be limited to the existing and future copyright in the trade mark devices, logos, getup, trade dress, websites, Marketing Material and/or trading styles relating to, or incorporated in, MaxRevShare’s Websites.

1.6 'Player' shall mean a person or entity that the Affiliate directs in any manner to MaxRevShare and who can be linked to the Affiliate’s Affiliate ID and who opens an account with MaxRevShare. By opening an account with MaxRevShare, that person or entity will become MaxRevShare’s Customer and, accordingly, all of MaxRevShare’s rules, policies, and operating procedures will apply to them;

1.7 'Derivative Domain Name' shall mean any domain name which is not a Prohibited domain name, and which incorporates in whole, or in part, any of the Trade Marks.

1.8 'Derivative Website' shall mean a website established by the Affiliate, which incorporates in whole, or in part, any of the Intellectual Property;

1.9 'Fraudulent Activity' shall mean a deception which in the sole opinion of MaxRevShare is deliberately practiced by a Customer or an Affiliate in order to secure a real or potential, unfair or unlawful gain

1.10 'Intellectual Property' shall mean all intellectual property rights including copyright, trademark and industrial design rights that are the rightful property of MaxRevShare.

1.11 'IP Documentation' shall mean the written document(s) published by MaxRevShare from time to time on the MaxRevShare site containing:

1.11.1 a non-exhaustive, directory of the Intellectual Property; and

1.11.2 detailed instructions and guidelines pertaining to the appropriate use and application of the Intellectual Property.

1.12 'License' shall mean a non-transferable and non-exclusive right granted to the Affiliate by MaxRevShare to use the Intellectual Property only as is strictly necessary to adequately and effectively direct Customers to MaxRevShare’s Website/s, in accordance with the terms and conditions of this Agreement.

1.13 'Marketing Material' shall mean various forms of branded, creative material, including but not limited to, online banners, html and text mailers, promotional material and other online and offline marketing material which MaxRevShare may provide the Affiliate

1.14 'Notice' shall mean a written document

1.15 'Parties' shall mean MaxRevShare and the Affiliate

1.16 'Spam' means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).which is intentionally transmitted to multiple commercial electronic mail messages from or through a computer

1.17 'Agreement' shall mean this affiliate agreement, including the online application form, these terms and conditions and all appendices and annexes incorporated therein by reference, including all future updates and additions thereto.

1.18 'Trade Marks' for purposes of this agreement shall be limited to mean the trade mark applications and registrations listed in the IP Documentation, including equivalent and/or similar applications and registrations in all other countries, the goodwill and/or reputation which attaches to all the aforementioned, as well as the goodwill and/or reputation in the getup, trade dress and/or trading style which relate to or are associated with the registered and/or unregistered trade marks;

1.19 'Written’ or ‘Writing' shall include e-mail

1.20 'Term' shall be the term of this Agreement, commencing on the activation of the Affiliate’s account (commencement date) and remaining in full force and effect until the Affiliate’s account is terminated in accordance with this Agreement (termination date).

1.21 Tracking Code(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.

1.22 Banners and Text Links means the graphical artwork or text that will be directed to our Sites home page at www.maxrevshare.com, through your Tracking Code(s), to permit a Player to hyperlink from your website to our Site.

1.23 Deposit(s) means funds transferred by Players to their User account.

1.24 Redeem(s) means any and all funds withdrawn or cashed-out by Players from their User account plus amount pending on the players account plus any Deposits reversed (or credits given) by us, in our sole discretion, to negate fraud, error, Player non satisfaction or through charge-backs.

1.25 Casino Net Revenue will mean the sum of Deposits less Redeems generated on your Tracking Code(s) based solely on our log files.

1.26 Advertising Revenue is the percentage of Casino Net Revenue due and payable to you, at the end of each calendar month, based solely on our systems data. The Advertising Revenue of 25%-40% of the Casino Net Revenue according to the amount of wagers made by players you send within 1 month of activity.

1.27 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.

2. Confidential Information

2.1 otherwise provided in this Agreement or with the consent of any other parties hereto, all parties agree that all information, including, but not limited to, the terms of this Agreement, business information and technology concerning MaxRevShare or the Affiliate, respectively, or any of MaxRevShare’s Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.

2.2 During the term of this Agreement, the Affiliate may be entrusted with Confidential Information relating to the business, operations, or underlying technology of MaxRevShare and/ or the Affiliate Program (including, for example, Commission earned by the Affiliate under the Affiliate Program). The Affiliate agrees to neither disclose nor allow unauthorized use of the Confidential Information by third persons or outside parties unless the Affiliate has MaxRevShare’s prior written consent and that the Affiliate will use the Confidential Information only for the purposes necessary to further the purposes of this Agreement. The Affiliate’s obligations with respect to Confidential Information shall survive the termination of this Agreement. An Affiliate may not be a party (whether directly or indirectly) to any Fraudulent Activity

2.3 Within 3 (THREE) months after the termination of this Agreement, for whatever reason, the recipient of Confidential Information shall return same or at the discretion of the original owner thereof, destroy such Confidential Information, and shall not retain copies, samples or excerpts thereof.

3. MaxRevShare’s Rights and Obligations

3.1 Register your players
MaxRevShare will register your players and will track their play. MaxRevShare reserves the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish.

3.2 Track players Play
We will track player's play and will provide you with remote online access to reports of customer activity and the Advertising Revenue generated.

3.3 MaxRevShare will provide the Affiliate with such Marketing Material as is strictly necessary to market and promote MaxRevShare’s Websites and Products.

3.4 Pay - Advertising Revenue
MaxRevShare will pay you Advertising Revenue (defined above) we earn from players directed from your site after they open an account with us and based on Deposits they make for real money.

3.5 Modification
MaxRevShare 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.

4. Affiliate’s/Your Rights and Obligations

4.1 By applying to be registered as an Affiliate of the Affiliate Program, the Affiliate warrants that:

4.1.1 The information the Affiliate provides MaxRevShare on registration is complete, valid and true and accurate;

4.1.2 In the event the Affiliate is 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. In the event the Affiliate is a natural person, such person is at least 18 years of age and has the full right, power and authority to enter into this Agreement; and

4.1.3 The execution of this Agreement by such person, and the performance by the Affiliate of the Affiliate’s obligations and duties hereunder, do not and will not violate any agreement to which the Affiliate is a party or by which the Affiliate is otherwise bound.

4.2 Agency Appointment
According to 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.

4.3 Linking to MaxRevShare.com
By agreeing to participate in this affiliation Program, you agree to create a unique link from your site to www.maxrevshare.com . You may link to us with one or more of our banners, text link/s or any form of acceptable E-Mail marketing (see bottom of document for our Spam-Policy). 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 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.

4.4 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 MaxRevShare’s banner farm or other banners given by us directly.

4.5 Good Faith
You will not benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. MaxRevShare reserves 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.

4.6 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.

4.7 License to use Marks
We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use MaxRevShare’s intellectual-property marks 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.

4.8 In the giving of effect to this Agreement the Affiliate may not, either directly or indirectly, be a party to the generation, processing, dissemination or the like of Spam.

4.8.1 Any form of Spam will result in the Affiliate’s account being placed under review and all funds due to the Affiliate being withheld pending an investigation. If MaxRevShare incurs expenses and/ or damages in dealing with Spam generated mail or being blocked by third party Internet Service Providers these same expenses and/ or damages will be deducted from the Affiliate’s account. If this occurs, the amount of such expenses and/ or damages as determined by MaxRevShare will be deemed fair and final and acceptable to the Affiliate. Should these expenses and/ or damages not be covered by funds in the Affiliate’s account MaxRevShare has the right to investigate other alternative means for obtaining payment, for example: should the Affiliate’s account have generated purchasing accounts MaxRevShare will hold payment of commission for these accounts until such a time as the account for expenses and/ or damages has been cleared. Should the Affiliate’s account not be active nor be generating profit through commission payments MaxRevShare shall have the right to demand and obtain payment from the Affiliate.

4.8.2 Should the Affiliate require more information regarding MaxRevShare’s Spam policy, please contact MaxRevShare antispam@maxrevshare.com.

4.8.3 Should the Affiliate wish to report any incidences of Spam, please contact MaxRevShare at antispam@maxrevshare.com.

5. Fees

5.1 MaxRevShare is currently offering one of the best Affiliate programs in the I-Gaming industry today.
You will earn 25%-40% (40% for the first 3 months) earnings generated from players you refer and for their entire lifetime! The more traffic you send, the more you earn. You earn a recurring profit from your players month after month for as long as their account remains active.

5.2 Charge-backs
A charge-back is defined as an un-collectable Credit Card (CC) transaction from the CC 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 CC companies and will be administered by MaxRevShare.

5.3 Charge backs, credits during processing period.
If a charge back or credit occurs during the fee payment-processing period (12 business days), we reserve the right to deduct the associated fees from the owed Advertising revenues.

5.4 Fee Payment
We will pay you Advertising Revenue on the 15th day of each month, but not less than $100 (monthly or accumulated) on all payment methods, except Minimum Payout for Bank wires is $500 on all affiliate accounts. If you fail to achieve the specified amount of Advertising Revenue on a certain month, the earned amount will be forwarded to the next calendar month. All payments will be due and paid in United States dollars. If the account is in a negative position (e.g. because customer winnings have exceeded customer losses) the negative position WILL NOT be carried over into the following month(s). Advertising Revenue will be based upon our good faith calculation based on our statistics.

5.5 Exceptions to the Rule of Deposits and Play and Revenue Generation by the MaxRevShare Affiliate, Affiliate Relative(s), Affiliate Friend(s)
"MaxRevShare" reserves the right not to pay an affiliate partner for any activity on their account that was generated by:

1. The Affiliate;
2. Relatives of the Affiliate (IE Wife; Son; Daughter; In Laws: Aunt, Uncle);
3. Friends in the case where geographic and demographic repetitive occurrences relative to the Affiliate that would allow the visible understanding and to ascertain a basis of collusion to constitute fraudulent activity to network, perpetrate, and to create "false" deposits to make them appear as "real" deposits in the Affiliate Program to receive the monetary gain in and from the "MaxRevShare" Program.

6. Term and termination

6.1 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.

6.2 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.

6.3 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.

6.4 Commercial Use Only.
This Marketing opportunity is for commercial use only, and you, your family members, friends; associates may not make Deposits, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Advertising Revenue payables to you. If you wish to make test transactions to evaluate the system, including Deposits (deposit shall be no larger the $20), please contact support@maxrevshare.com so we can refund the charges once you have completed your testing. This Transaction is ONLY to test the transaction system. Therefore if you play with the money we will not be able to refund it. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deduct such Deposits or traffic from your Advertising Revenue.

7. 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 MaxRevShare’s behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this paragraph.

8. Indemnity

You shall defend, indemnify, and hold MaxRevShare, 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:

• 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 Affiliation Program.

9. Disclaimers

We make no express or implied warranties or representations with respect to the affiliation program, MaxRevShare 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.

10. 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. In addition, 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.

11. 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.

12. Miscellaneous

12.1 Governing Law The laws of Curacao, Netherlands Antilles, without reference to will govern This Agreement 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.

12.2 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.

12.3 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.

12.4 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.

Anti-Spam Policy

MaxRevShare and our clients absolutely DO NOT tolerate spam of any kind. Please take note of the following : If any person(s) is revealed to have taken part in the dissemination of any form of Spam (sending unrequested bulk messages that are not in compliance with ICANN Spam Act) their account will be placed under investigation. While under examination all commission due to such person(s) will be withheld. Pending the outcome of further investigation MaxRevShare maintains the right to preclude such person(s) from further involvement in MaxRevShare Affiliate Program. In addition, if any expenses incurred by our clientele are shown to be clearly resultant from the encroachment of this policy (including legal fees) they will be withdrawn from any attributable account balance at the time of the offence. If the account balance is found to be deficient, all pending payments will be withheld until the expenses have been fully compensated. Should you require more information regarding our Anti-Spam Policy, or wish to report any incidences of Spam, please contact us at antispam@maxrevshare.com. E-Mail Marketing Guidelines If you wish to legitimately market by email we require that you strictly adhere to the following guidelines. These guidelines are in place to certify the quality of our marketing practices as well as those of our affiliates. You must abide by the following guidelines if you wish to be a MaxRevShare Affiliate:

• You may only commence mailings to any person(s) once you have received their explicit and informed consent. This process must be opt-in; it must be acutely understood that all communications between yourself and a subscriber may only occur with mutual consent. No person(s) should ever have to terminate a subscription to a mailing list they did not intend to subscribe to.
• Once a person subscribes to your mailing list, you must provide an easy method for termination of said subscription if they wish to do so. This method must be user-friendly, with easy-to-understand instructions for termination. Once a subscription has been voluntarily terminated, mailings to such persons must cease immediately.
• You must be certain that the content you are mailing to your subscribers is in fact precisely what the subscriber requested. You must be sure that the recipients of your mailing list have opted in to the category of mailing list you are sending them.
• You must proactively prevent the use of your mailing list for abusive aims. There are many cases of mailing lists being acquired by third parties for means that are not genuine. Be certain that your mailing list does not fall into the wrong hands.
• Mailing addresses that are found to be invalid or undeliverable for any reason must be immediately removed from mailing list. This ensures that your impact on the specific networks and hosts of others is minimized.
• You must fully inform your subscribers of the subject and frequency of your mailings. Subscribers must be explicitly briefed on the subject matter of mailings and the estimated frequency at which these mailings will be sent. If you find you must change the frequency or size of your mailings substantially, you must prior inform your subscribers.
• If a person subscribes to one mailing list you may not automatically add them to additional lists without informed consent.

Potential and existing subscribers to your mailing lists must be fully aware of what their subscription entails. The terms and conditions of the use of their email addresses must be divulged to all potential and existing participants. This information must be easily viewable by subscribers and must include the following information: for what purposes potential/existing subscribers email addresses will be used, and whether or not these email addresses are subject to be sold or traded with third parties.

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