MMC AFFILIATES Program Terms of Service
These Terms and Conditions form a legally binding agreement between an Affiliate applicant (or an approved Affiliate) (“Affiliate” or “you”) and MMC AFFILIATES in relation to the MMC AFFILIATES Program (the “Program”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. You should print off and/or save a copy of these Terms and Conditions (“Terms”) for your records.
MMC AFFILIATES manages the Program on behalf of its Clients.
1. DEFINITIONS AND APPLICATION OF TERMS
1.1 These Terms apply to an Affiliate’s application to, or participation in, the Program.
1.2 An Affiliate may not apply to or participate in the Program unless they accept the Terms.
1.3 An Affiliate may not apply to or participate in the Program if they are not of legal age to form a binding contract with MMC AFFILIATES, or are otherwise precluded from participating in the Program under the laws of the country in which they are resident.
1.4 The Terms shall be deemed accepted by an Affiliate upon (i) submission of an application to participate in the Program; or (ii) continued participation in the Program.
1.5 MMC AFFILIATES may make changes to the Terms from time to time, and MMC AFFILIATES will make a new copy of the Terms available at www.mmcaffiliates.comAffiliates understand and agree that if they continue to participate in the Program after the date on which the Terms have changed, they are deemed to have affirmatively accepted the updated Terms. An Affiliate must regularly check these Terms to determine whether they have been updated and MMC AFFILIATES is under no obligation to inform an Affiliate when the Terms have been updated. When MMC AFFILIATES posts changes to the Terms, the “Latest Update” date at the top of Terms will be updated. If an Affiliate elects not to continue to participate in the Program following such changes, such 1.6 Affiliate must inform MMC AFFILIATES in writing via the following email address support@MMC AFFILIATES .com that they wish to cease participating in the Program. In such circumstances the provisions governing termination with notice (see clause 3.2) shall apply.
1.7 The following definitions shall apply in these Terms:
“Affiliate Player” player registered with a Client Website and tagged to an Affiliate;
“Clients” online gaming operators who have instructed MMC AFFILIATES to operate the Program on their behalf;
“Client Brands” the brands of the Clients (whether or not included within the Program) including but not limited to all brand treatments, logos, slogans, trademarks and further including all Intellectual Property Rights in and to the foregoing and expressly including the goodwill and reputation subsisting therein throughout the world;
“Client Website” any and all of the URLs owned or operated by the Clients and any other websites that MMC AFFILIATES deems relevant to these Terms in its sole discretion;
“Intellectual Property Rights” means patents, inventions, utility models, petty patents, registered and unregistered design rights, Know-how, copyrights, semi-conductor topography rights, rights of extraction relating to databases, the right to use software, marks, trademarks, trading name, domain names and all other similar proprietary rights which may subsist in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations;
“Know How” means confidential industrial and technical information and techniques in any form (including paper, electronically stored data, magnetic media, film and microfilm) including (without limiting the foregoing) drawings, formulae, test results, reports, project reports and testing procedures, instruction and training manuals, tables of operating conditions, specifications, tables and procedures;
“Sub-Affiliate” means a new registered affiliate that has been directed to the program by a currently active affiliate.
“Website” means www.mmcaffiliates.com
2.1 To begin the enrolment process, a potential Affiliate will submit a complete Program application via the Website (the “Application”). Upon joining the Program, the Affiliate certifies that he/she and the referred Affiliate Player are of legal age, not in any way under 18 years old and is legally capable to participate in the Program based on his/her local laws.
2.2 MMC AFFILIATES will evaluate the Application and will notify the potential Affiliate of its acceptance or rejection to the Program. MMC AFFILIATES may reject any Application if it is determined, in MMC AFFILIATES ’ sole and absolute direction, that the Application, the Affiliate or related Affiliate website is unsuitable for the Program.
2.3 Unsuitable websites include, but are not limited to, those that:
Infringe trademark rights of MMC AFFILIATES , its Clients or any third parties or otherwise violates the rights of any third party;
Contain sexually explicit materials;
Contain hate/violent/offensive content;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Promote illegal activities or otherwise violate any applicable laws, including those targeting spyware, adware or SPAM;
Violate any Intellectual Property Rights, including, without limitation, scraping text or images from the Website; and/or
Otherwise are considered by MMC AFFILIATES to be offensive or inappropriate.
2.3 In the event that an Affiliate has specified to advertise, market and promote for more than one Client Brand, MMC AFFILIATES may choose to accept the application for one of its Clients and reject it in respect of another Client.
2.4 MMC AFFILIATES at its sole discretion shall determine which products an Affiliate is entitled to promote.
2.5 If MMC AFFILIATES rejects the Application, potential Affiliates may re-apply to the Program at any time. Affiliates should also note that if MMC AFFILIATES accepts an Application and the Affiliate’s website is thereafter determined, at MMC AFFILIATES ’ sole discretion, to be unsuitable for the Program, MMC AFFILIATES may terminate this Agreement in accordance with clause 3.3 and 3.4.
2.6 An Affiliate shall not attempt to open more than one Affiliate account without prior written consent from MMC AFFILIATES , nor will an Affiliate earn commissions on their own or related persons accounts. Affiliates are not permitted to wager with an Affiliate account. If an Affiliate would like to play on a Client Website, such Affiliate must set up a separate player account on the Client Website. If an Affiliate would like to test the system, MMC AFFILIATES will provide the Affiliate with a demo account. In the event of a violation, MMC AFFILIATES has the right, at its sole discretion, to void all earned commissions applicable from such play. For avoidance of doubt any Client Website personal player account must not be directly tagged to an Affiliates account.
3. TERM AND TERMINATION
3.1 The term of an Affiliate’s participation in the Program (“Term”) will begin upon MMC AFFILIATES ’written confirmation of acceptance into the Program.
3.2 Either MMC AFFILIATES or an Affiliate may terminate this Agreement and their participation in the Program at any time, with or without cause, by giving the other party at least 30 days written notice of termination (such notice to be sent to MMC AFFILIATES by email to firstname.lastname@example.org(Attention: Affiliate Manager).
3.3 MMC AFFILIATES has the right to terminate the Agreement without prior notice, in MMC AFFILIATES ’sole and absolute opinion, if an Affiliate breaches any terms or conditions of this Agreement.
3.4 MMC AFFILIATES has the right to terminate the Agreement without prior notice if an Affiliate does anything to bring any of the Clients or the Clients’ Brands into disrepute.
3.5 If the Agreement is terminated pursuant to clause 3.2, the Affiliate will be entitled to unpaid Commissions if any, earned by or on the date of termination. For the avoidance of doubt, no Commissions occurring after the date of termination will be paid.
3.6 If the Agreement is terminated pursuant to clause 3.3 and 3.4, the Affiliate shall not be entitled to unpaid Commissions, if any earned by or on the date of termination.
3.7 MMC AFFILIATES reserves the right, at its sole discretion, to close accounts due to any of the following reasons:
Did not pass the screening;
No response to screening verification email after 1 month;
Failed to provide the correct information of your account or failed to answer the security questions correctly; or
3.8 Any balance remaining on an account closed pursuant to clause 3.7 will be forfeited upon closure. If you want to participate again in the Program, you will need to open a new account.
4. UPON TERMINATION OF THE AGREEMENT
4.1 All rights and licenses granted to the Affiliate shall terminate immediately.
4.2 The Affiliate must remove all Client and MMC AFFILIATES Program banners from their website and disable any links to the Client Website(s) and the Website from their website. MMC AFFILIATES may withhold any final payments, pursuant to clause 3.5 for a reasonable time to ensure that the correct amount is paid to the Affiliate.
4.3 If MMC AFFILIATES continues to permit activity (generation of revenue) from the Affiliate’s customers after the date of termination, this does not constitute a continuation or renewal of this Agreement or a waiver of termination.
4.4 The Affiliate will return to MMC AFFILIATES any confidential information and all copies of information in their possession, custody and control relating both to MMC AFFILIATES and the Clients. The Affiliate will cease all uses of any trade names, trademarks, service marks, logos and other designations of MMC AFFILIATES, its licensors and of the Clients.
4.5 The Affiliate and MMC AFFILIATES will be released from all obligations and liabilities to each other occurring or arising after the date of termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
5. COMPANY OBLIGATIONS AND RESPONSIBILITIES
5.1 MMC AFFILIATES grants to an Affiliate:
the non-exclusive, non-assignable right to direct players to the websites of the Clients in accordance with these Terms; and
the non-exclusive, non- assignable license to the trademarks, banners and any other material belonging to the Clients and authorised by MMC AFFILIATES for use by the Affiliate.
5.2 MMC AFFILIATES will provide a variety of graphic and textual links to Affiliates for placement on their website(s). Subject to the Terms, Affiliates may display the links as often and in as many areas of their website(s) as they desire.
5.3 Each Client Website will register Affiliate Players with an account. By opening an account with a Client Website, each Affiliate Player agrees that all of such Client Websites’ applicable rules, policies and operating procedures will apply to them. Each Client Website reserves the right to refuse Affiliate Players or close their accounts if necessary in its discretion.
5.4 MMC AFFILIATES will track Affiliate Players’ play on behalf of each Client and will supply reports summarizing customer activity to the Affiliate. The form, content and frequency of the reports may vary from time to time in MMC AFFILIATES ’ sole discretion.
6. COMMISSION STRUCTURES AND CALCULATIONS
6.1 For the purposes of this clause 6, “Net Revenue” shall calculated as follows:
On Casino activities: total wagers made by Affiliate Players less payouts, charge-backs, bonuses, fraud, processing and licensing fees, and other incentives offered to the Affiliate Player.
On Poker activity: the gross rake, Single Table Tournament (Sit & Go) Revenue, Multi Table Tournament Revenue, Multi Table Sit & Go Revenue less bonuses, charge-backs, fraud, processing and licensing fees, and other incentives offered to the Affiliate Player.
6.2 Any payments made pursuant to this clause 6 shall be referred to as Commissions. MMC AFFILIATES reserves right to offer different commission structures in respect of different Clients.
6.3 Revenue Share Scheme:
MMC AFFILIATES will pay the Affiliate a percentage, as set out at clause 6.4, of the total monthly Net Revenue for play generated by Affiliate Players on each Client Website (for which the Affiliate acts).
An Affiliate shall only be entitled to commission on Net Revenue generated by Affiliate Players using those products on which that Affiliate may act by agreement with MMC AFFILIATES.
6.4 Commission Scheme:
We will pay each Affiliate a commission, which is calculated in accordance with clause 6.5, on all real money players that Affiliate refers under this Agreement. With consistent or increased affiliate performance, Affiliates may be offered higher commission rates or hybrid plans. Affiliates need to meet both the minimum active player and Net Revenue conditions to be entitled for each commission tier percentage rate and the commission calculation will follow the lower commission tier percentage rate for any failure to meet both active player and Net Revenue. The Affiliate commission calculation excludes the gross gaming revenue generated from any closed player account regardless of the reason for the closure of that account.
Affiliate Accounts must meet the minimum active player amount based on the operator brand as set out at clause 6.5 and minimum Net Revenue of USD 1.00 (one US dollar) (or the equivalent amount in CNY). All the products on which the Affiliate acts must meet the minimum payment amount per month before any payouts can be made. If an Affiliate’s monthly accrued Revenue Share is below the minimum amount set out at clause 6.9, no payout will be made, however that Affiliate’s revenue Share will accrue until the minimum payout amount has been reached and can be cashed out.
1 0-10 25%
2 11-50 30%
3 51-100 35%
4 101-250 40%
5 251 or higher 45%
CPA/Hybrid commission plans are only offered on a case by case basis at the operator brand discretion.
6.6 For a player to be considered “active”, please refer to their respective program set out at clause 6.5.
6.7 Net Revenue shall be calculated for each Affiliate Player and in respect of each Client Website for which the Affiliate acts and the aggregate of all such calculations shall be the amount to which the relevant percentage is applied.
6.8 The determination of a payout (if any) in the event that fraudulent activity has been discovered will be at MMC AFFILIATES ’ sole discretion.
6.9 Affiliates are entitled to one payout per month. The minimum payout request for earned Revenue Share per month follows the table below:
Minimum Payout Amount
Direct Deposit, PayPal, Venmo
$100 USD equivalent value in BTC
6.10 There is no maximum payout applies.
6.11 For the avoidance of doubt every Affiliate will participate in the Revenue Share commission structure unless agreed between the Affiliate and MMC AFFILIATES .
6.12 Referral Commission:
If any Affiliate refers a Sub-Affiliates to the Program, that Affiliate shall be entitled to a Referral Commission which is calculated as a percentage of the Revenue Share Commission earned by that Sub-Affiliate in accordance with the following table:
Affiliate’s Referral Commission
10% of Sub-Affiliate’s Revenue Share Commission
For a Sub-Affiliates referral to be valid, that Sub-Affiliate may not be directly or indirectly owned or controlled by that referring Affiliate or by any member of the referring Affiliate’s immediate family. The referring shall not be entitled to any Referral Commission under this Agreement in respect of any such connected Sub-Affiliate.
6.13 If any Revenue Share commission payment to a Sub-Affiliate is reclaimed under the terms of its agreement with MMC AFFILIATES or any payment is made to an Affiliate in breach of clause 6.3 then that Affiliate will promptly repay the applicable Referral Commission or Revenue Share Commission it has been paid upon receiving notice to do so from MMC AFFILIATES . MMC AFFILIATES has the right to set-off any amount owed to it against any payments owed to the Affiliate under this Agreement.
6.14 All payments to an Affiliate under clause 6.12 will terminate when payments to the relevant Sub-Affiliate end for whatever reason.
6.15 MMC AFFILIATES may, at any time, change the amount of Referral Commission due under clause 6.12 in respect of any new Sub-Affiliates referred by giving notice.
7. AFFILIATE OBLIGATIONS AND RESPONSIBILITIES
7.1 An Affiliate shall use its best endeavours to actively and effectively advertise market and promote a Client Website as widely and aggressively as possible in order to maximize the financial benefit to both the Affiliate, the Client and the Client Brand. From time to time, MMC AFFILIATES may issue notifications to Affiliates setting out any jurisdictions from which it will not accept players (a “Restricted Jurisdiction Notification”). An Affiliate shall not engage in advertising, marketing and promotional efforts which violates the terms of any Restricted Jurisdiction Notification. Restricted jurisdictions may consist of countries or states within countries so Affiliates must use all reasonable endeavours to remain informed on which jurisdictions are restricted jurisdictions. An Affiliate shall only engage in advertising, marketing and promotional efforts which reflect positively upon the business reputation of a Client and the Client Brand.
7.2 MMC AFFILIATES has no obligation to retag any Affiliate Players with incorrect or incomplete tracking information to the proclaimed affiliate’s account.
7.3 Affiliates are responsible for providing all required documentation for the verification of ownership of their account.
7.4 It is the responsibility of the Affiliate to ensure that the correct tracking is utilized on its website. MMC AFFILIATES will not change the Affiliate tracking ID for Affiliate Players resulting from incorrect or incomplete tracking. MMC AFFILIATES is not responsible for Commission Fees generated from Affiliate Players with incorrect or incomplete tracking information.
7.5 An Affiliate shall not offer any incentives to their referrals outside what is offered on site by the partner brands. This includes but is not limited to rake back, insurance, cash back or anything where a referral is compensated outside the normal incentives offered by the operator site or without prior written consent of the partner brands and/or affiliate program.
7.6 An Affiliate shall not establish any Facebook, Twitter or other social network domains, blog domain, profile name or display name containing any names, words and phrases that are or can be deemed to form part of a Client Brand.
7.7 An Affiliate is restricted from purchasing any domains that include any names, words and phrases that are or can be deemed to form part of a Client Brand or bidding on any keywords or keyword phrases that include, any names, words and phrases that are or can be deemed to form part of a Client Brand in any format in any pay per click (PPC) search engine. This includes, but is not limited to, the following search engines: Baidu, Sogou, Overture, Google, Bing, Kanoodle, FindWhat, ePilot and Ah-ha.
7.8 An Affiliate is restricted from utilizing derivatives of any names, words and phrases that are or can be deemed to form part of a Client Brand in URLs and directory names for the intention of search engine optimization.
7.9 An Affiliate is restricted from setting up any site redirects from any page on their website or network of websites so that the page goes directly to a Client Website.
7.10 An Affiliate is restricted from optimizing any page of their website(s) for keyword or keyword phrases that include, any names, words and phrases that are or can be deemed to form part of a Client Brand in any format. This includes, but is not limited to, meta tags, headers and body content.
7.11 An Affiliate is restricted from purchasing or building off-site text links with anchor text for keyword phrases any names, words and phrases that are or can be deemed to form part of a Client Brand.
7.12 Banners and links may not be placed within unsolicited email, unauthorized newsgroup postings, chat rooms or through the use of “bots”. Commission Fees earned from traffic generated illegally or in contravention of these Terms will not be due and payable to an Affiliate. An Affiliate shall bear all costs and expenses incurred in connection with the advertising, marketing and promotion of a Client Brand. An Affiliate shall not create, publish, distribute, or permit any written material that makes reference to any names, words and phrases that are or can be deemed to form part of a Client Brand without first submitting such material to MMC AFFILIATES and receiving prior written consent, which shall not be unreasonably withheld.
7.13 An Affiliate agrees to cooperate fully with MMC AFFILIATES in utilizing and maintaining links and other promotional tools as supplied by MMC AFFILIATES . Furthermore, an Affiliate agrees to:
Utilize the entire code for the banners, links and other promotional tools (including the tracking codes therein) and shall not in any way alter or remove any part of the code;
Display on the Affiliate’s website(s) only those graphical or textual images that are provided by MMC AFFILIATES ;
Update such images with new images provided by MMC AFFILIATES from time to time throughout the term of this Agreement;
Display such graphic and/or textual images prominently in relevant sections of Affiliate’s website(s); and
Remove any such graphic and/or textual images from an Affiliate website as directed by MMC AFFILIATES from time to time throughout the term of this Agreement.
7.14 MMC AFFILIATES employs strict eDM (email direct marketing) guidelines and policies for affiliates, media and other third parties. The eDM guidelines and policies serve to protect the “Client Brands, and email reputation with customers, Internet Service Providers (Google, AOL, Yahoo, Hotmail, etc.) and spam services including Spam Cop, Spam Assassin, Goodmail, Bonded Sender and others. Affiliates that conduct unauthorized eDM communications advertising any of the Client Brands are subject to MMC AFFILIATES placing their Affiliate account under review and withholding all funds otherwise due pending investigation. Classification of eDM communications that would be subject to review includes unsolicited email (spam), spamvertising and spoofing. By registering as an Affiliate, an Affiliate agrees to abide to CAN-SPAM and FCC regulations and employ best practices in all marketing email communications. An Affiliate further acknowledges and agrees that subscribers and customers may incur expenses in dealing with Spam-generated mail, and that MMC AFFILIATES or its Clients may potentially incur legal expenses and penalties as a result of unauthorized third party email communications and in such event expenses will be deducted from the Affiliate’s account. In such cases, MMC AFFILIATES shall determine such amounts in good faith and MMC AFFILIATES ’ determination will be deemed accepted by the Affiliate, and such amount will be collectable by law in accordance with this Agreement. Should these expenses not be covered by funds in the Affiliate’s account MMC AFFILIATES reserves the right to investigate alternative means for obtaining payment. For example: should the Affiliate’s account have generated purchasing accounts MMC AFFILIATES will hold payment of commissions for these accounts until such a time as the account for damages has been cleared. Should the Affiliate’s account be inactive and not be generating profit through commission payments MMC AFFILIATES reserve the right to demand payment from the Affiliate. MMC AFFILIATES will seek criminal and contractual sanctions against any Affiliate and Affiliate Player involved in fraud, dishonesty or criminal acts. MMC AFFILIATES will withhold Commissions due to an Affiliate where fraud, dishonesty or criminal acts are suspected. Affiliates agree to abide by the fraud policies of all of the Clients.
8. COMMISSION PAYMENTS
8.1 MMC AFFILIATES will procure the payment of Commissions earned pursuant to clause 6 on a monthly basis in arrears and according to the applicable Commission structure.
8.2 Payment for the preceding month shall be processed by schedule below. If an Affiliate’s Commissions earned do not exceed the minimum payout amount (see table under clause 6.9) in any given month, then payment will be carried over to the following month until they exceed the minimum balance.
15th Calendar Day of the Month
8.3 It is the Affiliate’s responsibility to secure his/her account information. If the affiliate account is taken by others for any reason, and that Affiliate’s commission payments have been affected, MMC AFFILIATES shall not be liable to pay again any commission applicable to that affiliate account that has already paid out.
8.4 Any negative revenue Share Commission resulting from negative Net Revenue in any calendar month shall be carried forward to the subsequent month(s).
8.5 It is the Affiliate’s responsibility to select the method of payment and to pay transaction fees associated with their selected payment. It is also the Affiliate’s responsibility to ensure that the bank details saved in the system are complete and up-to-date by the end of the previous month. Unless otherwise stipulated, payment will be withheld.
8.6 In the event that it is necessary to change amend the payment method or bank account details for receiving commission, Affiliates must submit new details at www.MMC AFFILIATES .com and may be asked to provide supporting documentation at the sole discretion of the affiliate program. MMC AFFILIATES shall endeavour to approve the change request, provided all supporting documentation is complete, by no later than one day before the end of the month for the payment to be made by the payment schedule outlined in clause 8.2 of the following month.
8.7 All amounts are calculated and paid in accordance with MMC AFFILIATES ’ reasonable and good faith means of statistical analysis and customer tracking methods. Affiliates agree that MMC AFFILIATES ’ statistical analysis and customer tracking methods are accurate and reasonable and its calculations final.
8.8 If an Affiliate fails to display banners and text relating to banners of Clients in accordance with instructions from MMC AFFILIATES , MMC AFFILIATES shall have the right to withhold all Commission payments due to such Affiliate until MMC AFFILIATES ’ instructions have been followed.
8.9 If an Affiliate Player is banned from playing at a Client Website for any reason, and the relevant Client returns any deposited funds to the Affiliate Player, the Affiliate will not be entitled to any Affiliate Commissions earned by the Affiliate in respect of the revenues generated by such banned Affiliate Player. This could also be grounds for Affiliate account termination at the sole discretion of MMC AFFILIATES .
8.10 If an Affiliate Player is being investigated for credit card, bank information or address verification, MMC AFFILIATES will withhold payment of Commissions earned by the Affiliate in respect of revenues generated by such Affiliate Player until the investigation is completed.
8.10 Unless an Affiliate informs MMC AFFILIATES , within 30 days of receipt of any Commission payment, of its belief that the Commission has been incorrectly calculated and the wrong amount been paid then the Affiliate is deemed to have accepted that the Commission paid to it has been calculated correctly.
8.11 MMC AFFILIATES client’s Poker products do not condone rake back, rake races, rebates, incentives (cash and non-cash) or any other volume based bonuses. MMC AFFILIATES reserves the right to terminate the relationship if the Affiliate is found to be using such programs.
9.1 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AN AFFILIATE FROM MMC AFFILIATES OR IN RELATION TO THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MMC AFFILIATES FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT MMC AFFILIATES , ITS CLIENTS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (II) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH MMC AFFILIATES MAY MAKE TO THE PROGRAM, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROGRAM (OR ANY FEATURES WITHIN THE PROGRAM); (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PROGRAM; (C) YOUR FAILURE TO PROVIDE MMC AFFILIATES WITH ACCURATE ACCOUNT INFORMATION; (D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON MMC AFFILIATES ’ LIABILITY ABOVE SHALL APPLY WHETHER OR NOT MMC AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10.1 This Agreement constitutes the whole agreement between an Affiliate and MMC AFFILIATES in relation to its subject matter.
10.2 An Affiliate agrees that if MMC AFFILIATES does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which MMC AFFILIATES has the benefit of under any applicable law), this will not be taken to be a formal waiver of MMC AFFILIATES ’ rights and that those rights or remedies will still be available to MMC AFFILIATES .
10.3 An Affiliate may not assign this Agreement, by operation of law or otherwise, without prior written consent of MMC AFFILIATES . Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against an Affiliate and MMC AFFILIATES and their respective successors and assigns. Should an affiliated website be sold, that website’s existing sheet of players will not necessarily become property of the new ownership and treatment of such players shall be in the sole discretion of MMC AFFILIATES .
10.4 MMC AFFILIATES and the Affiliate are independent contractors, and no terms in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on behalf of MMC AFFILIATES . The Affiliate will not make any statement, whether on its site or otherwise, that states or implies that the Affiliate has the authority to represent MMC AFFILIATES .
10.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
10.6 The Agreement, and an Affiliate’s relationship with MMC AFFILIATES under the Agreement, shall be governed by the laws of Antigua and Barbuda, without regard to its conflict of laws provisions. The courts of Antigua shall be the non-exclusive courts of competent jurisdiction. Notwithstanding this, the Affiliate agrees that MMC AFFILIATES shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
10.7 This Agreement and all representations, obligations, undertakings and warranties contained in it shall ensure for the benefit of any successor and/or assignees of MMC AFFILIATES .
IN WITNESS WHEREOF, the Affiliate expressly agrees to the terms and conditions of this Agreement by clicking the “Submit” button on the Affiliate Registration Form page.
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