1. Our Rights and Obligations

1.1 Your Client's Registry

We will register your players, and the information they supplied is confidential and proprietary to the casinos they registered. We reserve the right to reject any player (or cancel their accounts) at our sole discretion, in order to fulfill the requirements which could be periodically established. All of ElGambling's players have to follow the rules and regulations mentioned throughout this document.

1.2 Commissions Fees Payouts

We will pay the correspondent commission generated by your account in a monthly basis, due to your earnings in a CPA (Cost Per Acquisition) structure, for each of your referred players who come from your site to our casinos and make a deposit into the "Real Money" option.

1.3 Modification

We will be able to modify any of the terms and conditions contained in this Agreement, at any time and to our discretion, with no need of previous warning. If the changes we made are not acceptable for you, then your only choice will be to finish this Agreement. Your continuation in the Program requires your conformity and agreement with the changes made in the conditions, and it will have to be communicated before the 15 days of carried out this modification.

IN ORDER TO COMMUNICATE THE REJECTION, THE SUITABLE MEANS ARE VIA FAX OR E-MAIL.

2. Your Rights and Obligations

2.1 When accepting your participation in this Affiliate Program, you are accepting to create a sole affiliate account. You will be able to link with our sites through our banners, either through text links or other tools, which are offered in ElGambling's Panel. These are the only valid methods to announce on our behalf. We will finish our agreement immediately, if we discover any kind of spamming or if you make announcement of our Affiliate Program, somehow unauthorized. In these cases, you will not be able to make complaints, representation neither guarantees in connection with us, and you will not have any authority to do it, neither to tie us to any obligation.

2.2 Acceptance of Exclusivity

In this agreement, we grant the right to have no-exclusivity to our clients, to our website and to our services, agreed to the Terms and Conditions of this Agreement. This Agreement does not grant the right to have exclusivity, neither privileges in attending to us to provide the correspondent services to your referrals.

2.3 Accepted Promotions

Without our previous approval, you can only use our approved banners and our offers and the offers for players, and you won't make changes to their aspect. We design and designate the transference link's and the hiperlink's aspect and syntaxes, and they are the only authorized and allowed representation for our website.

2.4 Good Faith

You will not get benefits deliberately, from unknown traffic or if it is supposed that it was not generated in good faith. We reserve the right to hold back every amount you generated under this Agreement, if we have enough motivations to believe that you know about this traffic and it was generated under your consent. Although you haven't generated deliberately such traffic, we reserve the right to hold back the referred players' commissions related to that traffic.

2.5 Responsibility for your Website

You will be the sole responsible for your Website's development, management and maintenance and for all the material that it contains. As an example, you will be the sole responsible to control that your Website is not exposing illegal material or calumnies. We deny all responsibility in this subjects. In addition, you will indemnify and preserve us innocents of all claim, harm or expenses (including legal expenses, with no limitations) that comes from your Website's development, management, maintenance and content.

2.6 Trademarks' Licenses

We grant you a not-exclusive and not-transferable license, throughout this Agreement, to use ElGambling and other casino trademarks of intellectual property (licensed - as well, by us - from its owner) only related to the banners exhibition or other marketing tools which were previously approved in your website. The license could not be subleased, assigned to others, or by any other way transferred by you. Your right to use the trademarks is limited and comes only from the mentioned license to use banners or other tools. You will not impose the invalidity, non execution, or debate about the trademarks' ownership in any kind of action or procedure, and you will not take any action that could harm our rights or our licensor's rights, reproduce the same content, debilitate its validity or diminish the good associated faith.

2.7 Confidential Information

Throughout this Agreement, some confidential information related to the business, operations or ElGambling's underlying technology could be trusted to you. You agree to avoid the disclosure or the unauthorized use of Confidential Information to third parties or other groups, unless you have received previous written authorization, and you can only make use of the Confidential Information if it is necessary to fulfill this Agreement. Your obligations towards the Confidential Information will remain until the termination of this Agreement.

3. Commissions Structure

3.1 Fee Payouts

You will receive incomes in a CPA model (Cost per Acquisition), according to what it has been established in the tariffs section, for each player who has made a deposit in the Real Money modality ElGambling pays a fixed amount per player, that will vary depending on how many players do you accumulate each month. You can find the exact tariffs at the Rewards / Commissions per Player Chart. The process' expenses and guarantees are assumed by ElGambling.

We would like to inform that payments through banking transference has an extra charge, depending on the banking entity which we are dealing with.

3.2 Chargeback - Fraud

Chargeback is defined as an amount which the player has not received or the fraudulent use of a credit card. Fraud is defined as a an amount that is not chargeable to certain credit card due to a fraudulent action. ElGambling does not take responsibility for charges related to Chargeback fraud. We reserve the right to hold back the payment of a commission fee at any time, in case of a possible fraud. We also reserve the right to demand any payment, which has been done to a fraudulent client's affiliate (when we haven't received the money for any reason).

3.3 Multiple Accounts

The affiliate is not allowed, under any circumstance, to create multiple accounts at ElGambling.

4. Payouts

We will pay the correspondent commission in a monthly basis, and payments will be done after 35 days of each overdue month. Payouts will be made in American Dollars

5. Validity Period

5.1 The validity Period of this Agreement starts when you check in the box at the Registry Section, and it last uninterruptedly until one of the parties notifies the other party in writing, about its desire to terminate the present Agreement, and, if so, the present Agreement can be immediately terminated. Termination of the Agreement can be performed by either of the parties at their own will and for any reason whatsoever. For the purpose of notification about the termination, an e-mail is recognized as the written form of the notification.

5.2 Termination of the Agreement

After the termination, you have to delete our banners or other marketing tools from your website and disconnect any links from your website to our casino sites.

All rights and licenses granted to you hereby will be immediately terminated. You will have the right to receive only those outstanding remuneration amounts earned by you at the moment or before the termination.

In case you cannot not execute your obligations and responsibilities, we reserve us the right to hold back your commission remuneration for a reasonable period of time in order to ensure disbursement of the correct amount. All these amounts, are usually held back for 6 month, for security reasons, and refunded to the affiliate after checking his account's statement.

5.3 Confidential Information

We can terminate this Agreement, if we decide, at our sole discretion, that your website is unfit for our partnership.

5.4 Commercial Use Only

This Affiliate Program is only for commercial purposes, and you, and the rest of the members of your family, friends or partners, are not allowed to make deposits, whether in a direct or indirect way, otherwise your commissions could be seem as fraudulent.

If you want to make test transactions to check our system's functionality, please contact to affíliates@elgambling.com, so once they had been carried out, we reject the deposit made.

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 on our behalf.

7. Indemnity

You shall indemnify ElGambling, their employees, and representatives harmless from any and all damages and costs resulting from the breach of this Agreement.

8. Disclaimers

We make no expressed or implicit guarantee concerning to the Affiliate Program, in reference to the commissions payout (including their functionality, commercial value, legality or any guarantee that comes from certain transactions).

We are not liable for the possible interruptions of the service or errors that go beyond our control.

9. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or information) arising in connection with this Agreement or the Affiliate Program, even if we have been notified of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions from paid or payable referrals 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 commissions generated from referrals and is limited to direct damages.

10. The different casinos (Casino Tropez, Swiss Casino, Casino Las Vegas, Vegas Red, Europa Casino and Casino Del Río) are responsible of paying the players' revenues to the affiliates. ElGambling is just an intermediary who facilitates the interconnection and work between the parties but in no case is responsible for the Casinos' actions or omissions.

Therefore, if problems, discrepancies or irregularities in the payment from the Casino occur, ElGambling does not have the responsibility to make those payments, or compensation payments of any kind to the affiliates, in any case, situation or circumstance.

11. ElGambling.com is not liable, and has no obligations with the affiliates, in case the Casinos commit fraud, doubtful or defective operation of its systems, that entail to errors or faults in the users' registry, transactions or any kind of problem, that arises as a result from using ElGambling's service as the intermediary.

12. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT ElGambling 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, WHICH ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

13. Miscellaneous

13.1 Governing Law

This Agreement will be governed by the laws of the United States of America, State of Texas, Houston City, and the parties have to operate according to the jurisdiction and courts of this State, resigning to their own law.

13.2 Assignability and Waiver

The waiver of this Agreement is not allowed in any case, without prior written consent of ElGambling. Subject to that restriction, this Agreement will be binding on, it will go in benefit and enforceable against the parties and their respective successors and legatees.

13.3 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.
Modifications, additions, deletions or interlineations in this Agreement, will neither be allowed nor recognized by us. None of our employees, officers or agents are authorized to verbally alter, modify or waive any provision of this Agreement.

13.4. Remedies

Our rights and remedies hereinafter shall not be mutually exclusive. The exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other.

You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in case of a breach or threatened breach of any statement of this Agreement, the correspondent rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy.

Nothing included 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. This statement intends to make clear that our rights and obligations shall be enforceable in equity as well as at law or any other case.

13.5 Severability/Renounce

In witness whereof, you expressly agree to the terms and conditions of this Agreement by checking the box at the REGISTRY Section.