AFFIL GAMER, is an affiliate platform owned by Phoenix Media, registered in the Registry of Commerce of Sofia, Bulgaria under registration number 200333035 having its headquarters in n°1 6th september Street.
Thereafter, « AFFIL GAMER » will refer to Phoenix Media and vice versa.
The Partner publishes an Internet site which handles traffic intended for adults wishing to promote the AFFIL GAMER sites on its own site by means of promotional tools (such as links and advertising banners, graphics, or other tools) made available by AFFIL GAMER.
ARTICLE 1 – OBJECT
The present General Terms of use (hereinafter referred to as “Terms of Use”) are designed to expand and clarify the conditions in which the Partner is committed to AFFIL GAMER in the promotion of AFFIL GAMER’s products and services on its own websites by means of promotional tools made available by AFFIL GAMER. They therefore constitute a contract between AFFIL GAMER and the Partner.
ARTICLE 2 – OBLIGATIONS OF AFFIL GAMER
AFFIL GAMER agrees to make available to the Partner the promotional tools allowing the Partner to promote its own sites.
AFFIL GAMER undertakes to remunerate the Partner at the rates indicated on AFFIL GAMER website, as well as all applicable taxes. AFFIL GAMER has the right to modify these remunerations any time. Partners will be notified of such modifications.
AFFIL GAMER undertakes to provide the Partner access to the connection hours generated by its sites and various sales in the form of on-line statistics.
AFFIL GAMER undertakes to implement all the means necessary for the proper functioning of its services. However, keeping into account the nature of the Internet, AFFIL GAMER cannot guarantee operational services 24 hours a day and 7 days a week. AFFIL GAMER further reserves maintenance periods, or refreshes of technical interventions, likely to result in a cut of access to its platform and the on-line statistics area. In all cases referred to in this article, the malfunctions or unavailability resulting could not be deducted as periods in which AFFIL GAMER is not fulfilling its obligations, and no compensation will be paid to the Partner any damage suffered by him or by third parties as a result of these malfunctions or unavailability.
ARTICLE 3 – PARTNER’S OBLIGATIONS
The present term of the agreement can be signed only by an adult partner. Accordingly, by checking the box designating the sentence “I certify to be major and have read and accepted the terms of use of AFFIL GAMER”, at the validation of its registration form, the Partner recognizes be major and be validly bound by its electronic signature.
The Partner undertakes to handle, under its sole responsibility, the creation, development, contents, updating, and any modifications concerning the Partner’s site.
The Partner declares and guarantees to AFFIL GAMER that it will proceed at his own expense and under its sole responsibility for all administrative procedures as may lie under the exercise of its activity (including tax and social services), so that the responsibility of AFFIL GAMER is in no way committed.
The Partner denies himself any type of spam (email, newsgroups) in order to generate the turnover. The Partner undertakes to respect the law when promoting AFFIL GAMER services. Any failure to meet this commitment will incur the immediate termination of this contract, without compensation.
The Partner undertakes not to mislead the end user concerning the price of the AFFIL GAMER services. Any failure to meet this commitment will incur the immediate termination of this contract. This notification will be done by email.
The Partner undertakes to promote AFFIL GAMER services on sites whose content is according to the Bulgarian law.
The Partner undertakes not to generate false transactions, false accounts, scripts, reverse engineering, hacking in order to increase its commission. Any failure to meet this commitment will incur the immediate termination of this contract without any compensation. This notification will be done by email. In such an event, AFFIL GAMER has the right to seek compensation.
The Partner undertakes to inform AFFIL GAMER any intellectual property infringement. If AFFIL GAMER is addressing a cease and desist email or letter to the Partner, he / she will do everything in his / her power to cooperate and will assume his / her responsibility regarding this infringement.
ARTICLE 4 – REMUNERATION
AFFIL GAMER will transfer to the Partner a percentage of the turnover generated by the latter sales and/or a flat-rate commission depending on the table that is present on the on-line statistics area made available by the company (this table may be changed at any moment without prior notification on the part of AFFIL GAMER). Upsells are not remunerated.
AFFIL GAMER undertakes to provide the Partner access to the connection hours and various sales in the form of on-line statistics.
If the percentage of any tax which applies is modified, or if a new tax is added during the performance of the contract, the entire amount of such new percentages or tax applies and the total payable commission will be adjusted accordingly.
Payment terms & conditions. The payment of the portion owed to the Partner will be made by transfer under 30 days upon invoice reception. De facto, the Partner must be legally able to issue invoice as a moral person.
AFFIL GAMER has the right to suspend any payment if a falsification or any misuse of AFFIL GAMER service in order to wrongly increase the remuneration is recorded or suspected. The Partner will be notified by email if such suspension occurs.
ARTICLE 5 – THE CONTENT OF THE PARTNER’S SITE
The Partner declares and guarantees that the material, services and any other contents accessible on the Partner’s site are not offered in violation of the intellectual property rights of any third party whatsoever. The Partner declares and guarantees, furthermore, that the material, services and any other contents are not, and cannot be considered as contrary to any legal, regulatory provision or any other directive issued by a public authority, and could not be considered as shocking for a public not accustomed.
The Partner must block the access of his websites to underage visitors or any person under the age of majority in the jurisdiction they are accessing the websites from.
AFFIL GAMER may validly suspend, without further notice, and/or terminate this contract immediately, if the material, services or any other contents accessible on the Partner’s site did not meet the conditions of this clause. Furthermore, AFFIL GAMER is entitled to terminate this contract, without notice, if the initial object of the contents of the Partner’s site is modified substantially, without his approval.
ARTICLE 6 – SECURITY AND CONFIDENTIALITY
The Partner is responsible for any loss or unauthorized access to the Partner’s data available on its own system.
The Partner is responsible for keeping all documents and instructions communicated by AFFIL GAMER, in accordance with this contract, and beyond the reach of unauthorized persons.
The Partner agrees to keep strictly confidential all information and / or personal data relating to the partnership agreement and its possible subsequent amendments.
Any breaches or infringement to this clause will result as an immediate termination of the Partner affiliate account as defined in Article 11.
The Partner is the sole responsible for his AFFIL GAMER platform secured access. AFFIL GAMER can not be held responsible for any loss or misuse of Partner access credentials.
ARTICLE 7 – RELATIONSHIPS BETWEEN PARTIES
As the parties are independent contractors, this agreement is binding upon them only for the purposes mentioned herein. Consequently, the provisions of this contract cannot be interpreted as creating any association or company between the parties, or as entrusting any mandate whatsoever to one of them. Moreover, neither of the parties may bind the other in any manner whatsoever, otherwise than in compliance with the provisions of this agreement.
ARTICLE 8 – INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights and all technical solutions pertaining to the use of the graphic elements provided by AFFIL GAMER or any other right and solution offered by AFFIL GAMER in accordance with this agreement are the property of AFFIL GAMER and shall not be the object of any use not stipulated in the agreement. Except express and prior agreement of AFFIL GAMER, any changes made by the Partner on the codes and/or promotional tools provided by AFFIL GAMER is strictly prohibited. Any breach of this obligation shall be liable to immediate rupture of this contract.
ARTICLE 9 – DURATION OF THE CONTRACT
The Contract is being concluded for an initial term of one year with effect from the day it is electronically signed. At the end of this initial term, it will be renewed by tacit agreement for one year unless a registered letter is sent at least two months prior to the expiry of the contract.
ARTICLE 10 – AMENDMENT OF THE GENERAL TERMS OF USE
AFFIL GAMER reserves the right to modify at any time the present Terms of Use.
The changed Terms of Use will enter into force as soon as they are posted by AFFIL GAMER and will prevail over any printed version of earlier date. These Terms of Use will be brought to the knowledge of the Partner by notice posted on the affiliate statistics area.
ARTICLE 11 – EARLY TERMINATION OF THE CONTRACT
In the event that one of the Parties fails to respect any of the obligations incumbent upon it hereunder, this agreement may be terminated forthwith at the request of the other party, fifteen days following formal notice to do or not to do, by email which has remained without effect.
The end of this agreement does not cause either party to lose a right nor does it release it from an obligation, in particular with respect to the confidentiality, intellectual property, limitation of the guarantee and limitation of liability. The said rights and obligations continue to exist after the end of this agreement.
An inactive Partner account for more than 90 (ninety) consecutive days without generating any income can be terminated after a notification by email and 7 (seven) days notification period. Any earnings on a terminated account will be lost and won’t be paid to the Partner.
The Partner can request any time to close his account. The earnings available on his account will be paid at the same condition as the ones in Article 4.
ARTICLE 12 – EVIDENCE, CONSERVATION AND ARCHIVING
The fact that the Partner has checked the box designating the sentence “I certify be major (e) and have read and accepted the Terms of Use of AFFIL GAMER”, when validate its registration form, is acceptance of the present Terms of Use and constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. This would be the same for acceptance of the modified Terms of Use (see Article 10 above).
The computerized records stored in the computer systems of AFFIL GAMER in reasonable conditions of safety, will be considered as proof of communication between the Partner and AFFIL GAMER.
The archiving of the present Terms of Use accepted by Partner under the conditions laid down in Article 3.et 10. above, is performed in a reliable and sustainable manner to correspond to a faithful and lasting copy. In case of conflict between the AFFIL GAMER’s computerized records and any Partner’s document on a written support or electronic record, it is expressly agreed that the AFFIL GAMER’s computerized records prevail over Partner’s documents and shall be the only admitted as evidence.
ARTICLE 13 – MISCELLANEOUS
Force majeure. Neither of the parties will be considered as being in default hereunder, if the execution of its obligations is entirely or partially delayed or impeded due to force majeure. Force majeure is an outside, unforeseeable, irresistible event making the execution of an obligation absolutely impossible.
AFFIL GAMER reserves the right to grant, transfer or assign to a third party, under any form, the rights and obligations arising from the present contract.
For any litigation that may arise between the Parties concerning the drafting, execution or interpretation of this agreement only the Court of Sofia, Bulgaria will have jurisdiction.