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LAROMERE AFFILIATE PROGRAM TERMS & CONDITIONS AGREEMENT

Please read these Ts and Cs carefully before joining LaRomere Affiliates. By Registering an account at this Affiliate program, this indicates that you have already read and agree to this binding agreement. It is advised to browse through this occasionally as certain changes could be made.

1.1.  ‘Casino Net Gaming Revenue’ will represent the sum of Bets made by players less Payouts to players less Progressive contributions less Fraud and chargeback costs less Non-cash items and promotional credits.

The Revenue share tier structure is as follows:

Net Revenue

€0 – €15,000

€15,001 – €30,000

€30,000 - €49,999

Tier percentage

25%

30%

35%


1.2
. ‘2nd tier Program’
A Sub-Affiliate is somebody other than yourself, who is referred to LaRomere Affiliates 2-tier program by yourself.
You receive commission for earnings paid to sub-affiliates that are linked to you. Your sub affiliates will get paid the standard rate per their respective earning level. As a result of the sub affiliate being referred by you, you receive 3% of your sub affiliates Net gaming revenue as monthly earnings above your standard earnings.
 1.3.1 ‘CPA commission structure’ is the amount paid per new player depositing a minimum of €50 that the affiliate partner refers to one of the Sites. Currently LaRomere Affiliates & Casino does not run a CPA earning model. However feel free to contact our Affiliate managers with details should you wish to discuss this further.

1.3.2  ‘Duplicate player(s)’ means a player that opened more than one account at LaRomere Casino.

1.3.3  ‘Abusive Player’ means a player who demonstrates any kind of behavior or fraudulent activities that the Casino site deems a violation of its terms of use.

1.4. ‘Fraud Traffic’ refers to 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 the casino or affiliate program any harm. Fraud Traffic includes but is not limited to Spam, false advertising, unethical material and unauthorized use of any third party copyrights or trademarks.

Affiliate Appointment

Upon submission of each LaRomere Affiliates Membership Application, your application will be evaluated by our LaRomere Affiliate Managers and the Affiliate informed in writing of the decision to accept or reject the Affiliate. Acceptance of an Affiliate’s application will result in granting of a non-exclusive license to the Affiliate to promote the Affiliate program, subject to the terms and conditions herein.

Our Rights and Obligations

3.1.  Register your players

Players registering via your site & marketing material will play via a tracker tag linked to your affiliate account. We reserve 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 players play and will provide you with remote online access to reports of customer activity and the Advertising Revenue generated.

3.3. Commission Payment
We will pay you a share of the Revenue (as above) we earn from players directed from your site & marketing material after they register a real account with us make successful deposits.

In the case of a CPA earning model, LaRomere Affiliates reserves the right to not pay the CPA payment in cases where we notice that the method is being abused, or where affiliates reward players a portion of the CPA amount in order to get them to sign up with the casino.


3.4.  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 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.

Your Rights and Obligations

4.1. Linking to the casino

By agreeing to participate in this affiliation Program, you agree to create a unique link from your site to LaRomere Casino. You are at liberty to link to us with our banners or with a text link or use email with links that refer players to our sites. 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.

Under no circumstances can an Affiliate use or attempt to use any related domain names to promote the Casino Client which are or could be confusingly similar to the domain names registered by our Casino Client. For purposes of clarification and not limitation, Affiliates may not use domain names which are identical or sound, appear or differ slightly from any Casino Clients domain names in attempt to lure Players. Affiliate’s breach of this Section as determined by LaRomere Affiliates, shall constitute grounds for LaRomere Affiliates immediate termination of this Agreement without notice to the Affiliate and forfeiture of any commission owed, in addition to any other rights or remedies available to LaRomere Affiliates under this Agreement or at law.

4.2.  No Affiliate may participate in or be involved, either directly or indirectly, in the planning, generation, processing or dissemination of SPAM (unsolicited emails). Any form of SPAM will result in the commencement of a review of the Affiliate’s conduct within the Program as well as the withholding of any commissions pending the outcome of the investigation. Should LaRomere Affiliates or LaRomere incur damages, costs or expenses as a result of the Affiliate’s conduct, LaRomere Affiliates shall have the right to offset such Damages against commissions which are owed to the Affiliate.

4.3. Appointment

By this Agreement, we permit affiliates the non-exclusive right to direct Players to our site and services, within the confines of the terms and conditions of this Agreement.

4.4.  Approved Marketing Material Layouts

Without our prior written approval, you may only use our approved marketing material/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 LaRomere Affiliates banner archive. Should you alter any appearance of code generated by our marketing material, LaRomere Affiliates cannot be accountable for any miss tracking of Players generated by your amended coding or banners.

4.5. Responsibility for Your Site

You are solely responsible for ensuring that materials on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Furthermore, 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.

4.6.  License to use Marks

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

Fees

5.1.  Charge-backs and Fraud costs

Charge backs and Fraud costs are defined as credit card transactions that are reversed or dishonored or cancelled, as a result of the credit card having being used in a fraudulent manner or a dispute by the card holder which results in the transactions being reversed.

All charged back amounts and costs related and resulting from such charge backs and Fraud will be deducted from affiliate payments or the reserved funds that become owing to you.

5.2. Charge-back, credits during processing period.

If a charge back or credit occurs during the fee payment processing period (10 business days), we reserve the right to deduct the associated fees from the Advertising Revenues owing to you.

5.3.  Fee Payment

LaRomere Affiliates calculates the commission payments at the end of each month and makes the payments on or before the 10th business day of the following month. Payments are made by wire transfer or direct payment to an online account designated by the Affiliate (i.e. Neteller, Skrill etc.). You may enquire further about our available payment methods.

The Affiliate is responsible for selecting the payment method. If the Affiliate does not specify a particular payment method, it is in both the affiliates & LaRomere Affiliates interest that the payment be held back until the next month or when details are furnished so as not to pay to incorrect accounts. Wire transfers & checks will be subject to a processing fee, both of which will be subtracted from any commissions paid to the Affiliate. Ensure that all payment details are entered with extreme attention & accuracy as Laromere Affiliates cannot be accountable for payment to wrongs accounts derived from incorrect payment methods entered by the affiliate

Fees charged by Affiliate’s online account shall be the sole responsibility of the Affiliate. The Affiliate is responsible for providing LaRomere Affiliates with correct payment information details (i.e. online account details, mailing address, and banking information).

The minimum Affiliate payment threshold is €500. That is, LaRomere Affiliates will process commission each month to an Affiliate if the amount is Five hundred dollars (US€500) or greater. Unpaid commissions each month shall be carried forward and added to the next month’s payment.

5.4.  Commission when player is Affiliate

LaRomere Affiliates will not be accountable and reserves the right not to pay an Affiliate partner for their personal losses in the casino. Affiliate commissions deriving from Affiliates registering casino accounts as Players via their own affiliate links or tags will not be paid.

Terms and Termination

6.1.  The term of this Agreement will commence when the Affiliate completes and submits the membership form and it is officially accepted by the LaRomere Affiliates team. Except as stated otherwise herein, the term will be ongoing unless and until either party sends written notification to the other that it wishes to terminate the Agreement. Upon receipt of written notification by either party, the Agreement will be considered to be terminated immediately. Termination is at will, for any reason, by either party. For purposes of notification of termination, email is considered a written and immediate form of notification.

6.2. Confidentiality

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.

Fraud also includes the staking or incentivizing of players in an attempt to get CPA paid as a result. All forms of this activity will result in affiliate commission not being paid. Additionally, CPA will not be paid for any incentive traffic and for any casino players encouraged using systems and methods such as the doubling system in casinos which is regarded as CPA abuse. Casino CPA will only be paid if the traffic sent to us is from real verified casino sources i.e. mailing, websites, social etc. For CPA to be paid the traffic must not be Bonus seekers and there should be no personal relationship whatsoever between the affiliate and the players. An affiliate can under no circumstances deposit and play under his own CPA account

Laromere has the right to audit all players on all deals, specifically CPA and Hybrid deals for a “review period” of 7 days post the player depositing at the casino. As per above, should any of this traffic deemed to be incentivized it will be labelled as Fraud and commissions will be withheld.

6.3.  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 may choose not to 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.

6.4.  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.

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. Indemnity

You shall defend, indemnify, and hold LaRomere Affiliates, their directors, officers, employees, and representatives harmless from and against any and all negative marketing, liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with:

7.1.  Any breach by you of any warranty, representation, or agreement contained in this Agreement.
7.2.  The performance of your duties and obligations under this Agreement.
7.3.  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 links or this Affiliation Program.

8. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliation Program, LaRomere Affiliates 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.

9. Relationship of Parties

You and LaRomere Affiliates 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 LaRomere Affiliates behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this agreement.

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. 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.

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

12.1.1. Governing Law

This Agreement is governed by the laws of the United Kingdom, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the United Kingdom and the Affiliate irrevocably consents to the jurisdiction of its courts.

12.1.2. 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.

12.1.3. 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.

12.1.4. 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.