In these terms and conditions, the following words and expressions shall have the following meanings:

• '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 the company as an Affiliate in the Affiliate Program.
• 'Affiliate Program' shall mean the affiliate program operated by the company.
• 'Commission' means the commission set out in the Commission Schedule.
• Interactive gambling services are not made available to persons who are physically present in one of the following states or countries: Netherlands Antilles, state of Kentucky / New Jersey / Delaware / Nevada (USA), Canada, Chile, China, Japan, Philippines, Poland, South Africa, Turkey, Cayman Islands, Puerto Rico, Denmark, Netherlands and Finland, Mexico, and United Kingdom. If you are physically present in one of the mentioned, you are not permitted to use the interactive gambling services or view any advertisements relating to the interactive gambling services.
• Employees of the Affiliate, its licensees, distributors, wholesalers, subsidiaries, advertising, promotion or other agencies, media partners, retailers and members of the immediate families of each are not eligible to participate at the listed brands.
• Number1Affiliates is the trade name of the Company, and you obtain no rights to such terms, nor any other terms, graphics, text, concepts or methodologies, by using the Web site and the material contained therein.
• The Company reserves the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time without prior notice to you. Such amendments will be implemented at the discretion of Number1Affiliates management and put into immediate effect. Such procedural changes will only be in response to the interests and security of the Number1Affiliates.
• An Affiliate must familiarize themselves and comply with the terms of this Agreement outlined above and be accepted by the company prior to this Agreement coming into force and effect. The Affiliate's application to become an Affiliate in the Affiliate Program confirms the Affiliate's acceptance and understanding of the terms of this Agreement.

• An Affiliate must successfully comply with the provisions of Clause 3 of this Agreement and be accepted by the company prior to this Agreement coming into force and effect. The Affiliate's application to become an Affiliate in the Affiliate Program in terms of Clause 3 confirms the Affiliate's acceptance of the terms of this Agreement.
• Upon request from the company, the Affiliate will provide the company with:
• A list of Derivative Domain Names;
• Information on how these domain names are being used;
• Information on the quality of a Derivative Website including but not limited to information about the website's content, and design;
• The Affiliate's application information will be compared to the domain name registration information in a WHOIS database for those domain names identified in Clause 3.2.1 above;
• Information about the Affiliate's area of focus including but not limited to online casinos initiatives;
• The Affiliate's preferred marketing methods; and
• The Affiliate's target market.
• After submitting the information required in Clause 3.2, the Affiliate will be required to confirm the information provided on registration as well as any additional information provided.
• The Affiliate will provide proof of identification including, where possible, a government-issued identification number.
• The Affiliate must also provide the company with its banking details for the payment of Commission.
• After having complied with the foregoing, the Affiliate will be notified in a timely manner of the company's acceptance or rejection of the Affiliate's application. The Affiliate acknowledges and agrees that the acceptance of his application depends in part on its compliance with the provisions of this Clause. The acceptance or rejection of any application made by an Affiliate is at the company's sole discretion.
• Should the company accept the Affiliate's application the Affiliate will be granted a license in accordance with Clause 4 of this Agreement.
• The Affiliate hereby consents to the company independently verifying any information provided to it by the Affiliate pursuant hereto and any other information provided to the company by the Affiliate from time to time pursuant to a specific request by the company for such information.

• Upon activation of the Affiliate's account, and subject to this Agreement, particularly clause 5 hereunder, the company hereby grants to the Affiliate the License for the Term. For the sake of clarity, the Affiliate's use of the License is limited to:
• Acquiring and using a Derivative Domain Name/s;
• Establishing, hosting, publishing and marketing a Derivative Website/s; and
• Acquiring and using the Marketing Material for the exclusive benefit of the company.
• The Affiliate shall not have the right to sub-license the Intellectual Property in any way whatsoever, either in whole or in part to any third party.
• Any right not specifically granted in this Agreement is specifically reserved for the exclusive use of the company.

• Prohibited Domain Names:
• The Affiliate may not register a Prohibited Domain Name.
• Should an Affiliate register a Prohibited Domain Name, and without prejudice to any legal remedy or right that the company may have at law, the company shall be entitled to terminate this Agreement with immediate effect and claim transfer of the Prohibited Domain Name to the Merchant.
• A decision as to whether or not a particular domain name is a Prohibited Domain Name is left to the sole discretion of the company. The company's decision in this regard will be final and binding on the Affiliate.
• The Affiliate may register and use one or more Derivative Domain Names.
• The Affiliate will furnish the company with a written, accurate and complete list of Derivative Domain Names that the Affiliate has or intends to register, acquire or use. Any new additions or amendments to the Affiliate's list of Derivative Domain Names will be communicated to the company as soon as is reasonably possible.
• The Affiliate recognizes and accepts that Derivative Domain Names will at all times remain the beneficial 'property' of the company and in this regard agrees to hold the Derivative Domain Name in Trust on behalf of the company for the Term. On expiry of the Term the Affiliate will transfer, or cause to be transferred, all Derivative Domain Names to the company, or an entity duly nominated by the company in writing, without delay.
• In order to comply with the provisions of clause 5.2.3, the Affiliate hereby undertakes to sign and/or complete any and all documents or procedures and do all things necessary to facilitate the speedy and proper transfer of all Derivative Domain Names to the company, or an entity duly nominated by the company in writing.
• All rights or advantages, and without limitation goodwill, that may arise due to the use of the Derivative Domain Name will accrue for the sole benefit of the company.
• Should the Affiliate no longer require a particular Derivative Domain Name, the Affiliate will, in a timely manner prior to the URL expiring, inform the company of its intention not to pay the renewal fee, and will if requested to do so by the company, provide all necessary assistance to transfer the Derivative Domain Name to the company, or an entity duly nominated by the company in writing, without delay.
• Without exception, a Derivative Domain Name may only be used for the following purposes:
• To resolve to the respective the company's Website; or
• To resolve to a Derivative Website; on condition that:
  • if the Affiliate is marketing and promoting only one of the company's Websites, the Affiliate may only market and promote the particular the company's Website corresponding with the Derivative Domain Name;
  • if the Affiliate is marketing and promoting more than one of the company's Websites the Affiliate shall give prominence to the company's Website corresponding with the Derivative Domain Name;
  • the Derivative Website does not market and/or promote competitor brands or products.
• The company reserves the right, in their sole discretion, to terminate this Agreement with immediate effect and claim transfer of the Derivative Domain Name to the company if the Affiliate, its agent or nominee does not strictly adhere to the provisions of clause 5.2.7.,
• A decision as to whether or not a Derivative Domain Name is a Prohibited Domain Name is left to the sole discretion of the company. The company's decision in this regard will be final and binding on the Affiliate.
• Derivative Websites and Marketing Material
• If the Affiliate elects to establish and promote a Derivative Website, the Affiliate will ensure that the Derivative Website complies in all aspects with the guidelines published in the IP Documentation as may be updated from time-to-time. Without limiting the general nature of this responsibility, the Affiliate will ensure that the Intellectual Property will accurately reflect any and all amendments, enhancements and additions as outlined in the IP documentation or as officially applied to the respective the company's Website.
• Regarding the establishment, operation and maintenance of the Derivative Website, the Affiliate will be solely responsible for:
• The development, operation, and maintenance of the website;
• The content of its website; and
• Ensuring, among other things, that any and all content posted on the website, including, but not limited to, images, graphics, data and text, are not libelous or otherwise illegal.
• A decision as to whether or not the Affiliate is complying with its responsibilities in terms of this clause is left to the sole discretion of the company. The company's decision in this regard will be final and binding on the Affiliate, and if necessary the Affiliate will take all necessary action prescribed by the company or its designated agent to remedy the situation, failing which the company shall be entitled to terminate the Agreement with immediate effect.
• The Affiliate undertakes to use its best endeavors to ensure that the reputation, goodwill and proprietary rights that vest in the Intellectual Property are protected, maintained and wherever possible, enhanced for the ultimate benefit of the company.
• Marketing Material
• Upon activation of the Affiliate's account, the Affiliate shall be provided access to the Intellectual Property and the Marketing Material via the company website, newsletters and account relationship managers.
• Without derogating from the Affiliate's other obligations in terms of the Agreement, the Affiliate agrees to:
• Procure and utilize new and updated Intellectual Property and or Marketing Material forthwith after it is made available to the Affiliate by the company.
• The Affiliate shall, when using the Intellectual Property and Marketing Material, cause them to be reproduced and applied exactly and accurately and shall use them in accordance with the specifications and directions laid down by the company from time to time (whether in the IP Documentation or otherwise).
• A decision as to whether or not the Affiliate is complying with its responsibilities is left to the sole discretion of the company. The company's decision in this regard will be final and binding on the Affiliate, and if necessary the Affiliate will take all necessary action prescribed by the company or its designated agent to remedy the situation, failing which the company shall be entitled to terminate the Agreement with immediate effect.
• The Affiliate may design its own Marketing Material for the sole purpose of directing Customers to the company's Websites, subject to the following terms and conditions:
• The Affiliate will strictly adhere to the instructions and guidelines as set out in the IP Documentation pertaining to the use and application of the Intellectual Property. If the use and/or application of any of the Intellectual Property is not specifically dealt with in the IP Documentation, then prior to the Intellectual Property being used, the Affiliate shall first obtain the company's prior Written approval or instructions on how to proceed.
• The Affiliate will furnish the company, upon Written request, with such information and reports, including but not limited to samples of any marketing material, as may be required by the company in connection with the Affiliate's use of the Intellectual Property; and
• Any proposed changes to the Intellectual Property or Marketing Material that the Affiliate may wish to make (and then only in terms of the guidelines laid down in the IP Manuals) shall be submitted to the company for prior Written approval prior to the use or publication thereof.
• General
• The Affiliate acknowledges that the Intellectual Property will at all times remain the property of the company. The Affiliate acknowledges that it has no claim or right of whatever nature in and to the Intellectual Property, other than those provided in terms of the License.
• The Affiliate will not do or cause to be done any act or thing contesting, or in any way impairing or tending to impair, any part of the company's rights, title and interest in and to the Intellectual Property
• The Affiliate shall not in any way represent that it has any rights of any nature in the Intellectual Property, other than those that it enjoys under this Agreement
• The Affiliate will take all reasonable steps to ensure that its employees, agents, contractors or representatives are made aware of its obligations in terms of the Agreement and that it can give full effect to such obligations.
• The Affiliate shall, as soon as it becomes aware thereof, give the company, in Writing, full particulars of any use or proposed use by any other person, firm or company, of a trade name, trade mark or get-up of goods or mode of promotion or advertising or any element of the Intellectual Property, which amounts or might amount either to infringement of the company's rights in relation to the Intellectual Property or to any other form of passing-off.
• If the Affiliate becomes aware that any other person, firm or company alleges that the Intellectual Property is invalid or that use of the Intellectual Property infringes any rights of another party or that the Intellectual Property is otherwise attacked or attackable, the Affiliate will immediately give the company full particulars in writing thereof and shall make no comment or admission to any third party in respect thereof.
• The company shall have the sole conduct of all proceedings relating to the Intellectual Property and will in their sole discretion decide what action, if any, to take in respect of any infringement or alleged infringement of the Intellectual Property or passing-off or any other claim or counterclaim brought or threatened in respect of the use or registration of the Intellectual Property. The Affiliate shall not be entitled to bring or defend any action for infringement of the Intellectual Property, and the company shall not be obliged to bring or defend any proceedings in relation to the Intellectual Property if they decide in their sole discretion not to do so.
• The company will throughout the subsistence of this Agreement, at their own expense, maintain all Intellectual Property registrations in force and shall pay all renewal and any other fees necessary for this purpose. Should any of the Intellectual Property lapse or be held to be invalid for whatever reason, this License will continue in respect of the remainder of the Intellectual Property.

• Prohibited Domain Names:
• The Affiliate may not register a Prohibited Domain Name.
• Should an Affiliate register a Prohibited Domain Name, and without prejudice to any legal remedy or right that the company may have at law, the company shall be entitled to terminate this Agreement with immediate effect and claim transfer of the Prohibited Domain Name to the Merchant.
• A decision as to whether or not a particular domain name is a Prohibited Domain Name is left to the sole discretion of the company. The company's decision in this regard will be final and binding on the Affiliate.

• By applying to be registered as an Affiliate of the Affiliate Program, the Affiliate warrants that:
• The information the Affiliate provides the company on registration is complete, valid and true and accurate;
• 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
• 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.
• The Affiliate hereby accepts the appointment as the company's Affiliate. The Affiliate acknowledges that this Agreement does not grant the Affiliate an exclusive right or privilege to assist the company in the provision of services arising from the Affiliate's referrals. The Affiliate shall have no claims to Commission or other compensation on business secured by or through persons or entities other than the Affiliate.
• The Affiliate will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes damage to the company. The company reserves the right to terminate this Agreement immediately should such activity arise through a person directed to the company or the company's Websites via the Affiliate's link and to withhold the Commissions payable to the Affiliate at any time irrespective of whether such mentioned traffic was directed from the Affiliate's link with or without the Affiliate's knowledge.
• 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.
• 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 the company 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 the company 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 the company has the right to investigate other alternative means for obtaining payment, for example: should the Affiliate's account have generated purchasing accounts the company 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 the company shall have the right to demand and obtain payment from the Affiliate.
• Should the Affiliate require more information regarding the company's Spam policy, please contact the company [email protected]
• Should the Affiliate wish to report any incidences of Spam, please contact the company at [email protected]

• Except as 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 the company or the Affiliate, respectively, or any of the company'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.
• During the term of this Agreement, the Affiliate may be entrusted with Confidential Information relating to the business, operations, or underlying technology of the company 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 the company'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
• 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 or his/her employees under no circumstances is allowed to deposit and play under his own affiliate account. Incentive/fraudulent traffic is determined through careful analyzing of the player accounts using certain criteria. If the player/s is/are deemed incentive/fraud by the casino, the CPA will not be paid.
• Number1Affiliates 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.
• 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.

The Affiliate shall comply with any relevant data protection laws in the jurisdiction in which the Affiliate is domiciled and any jurisdictions in which the Affiliate operates.

• The Affiliate may not directly or indirectly benefit from, or be a party to, any money laundering or related illegal activities.
• It is acknowledged that some jurisdictions in which the company operates have strict laws on money laundering that may impose an obligation upon the company to report the Affiliate to the federal or local authorities within such jurisdictions if the company knows, suspects or has reason to suspect that any transactions in which the Affiliate is directly or indirectly involved, amongst other things, involves funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Affiliate Program or the company to facilitate criminal activity.
• If the company has any knowledge or suspicion envisaged above it may:
• Immediately suspend, deregister or terminate the Affiliate's membership of the Affiliate Program; and/or
• At the company's absolute discretion, not pay the Affiliate any funds due to the Affiliate as Commission.
• The company reserves the right to report the Affiliate to the aforementioned federal or local authorities should the company, at its absolute discretion, determine that it is obliged, by law, to do so.

• The Affiliate is restricted to one Affiliate account only;
• The Affiliate shall not earn Commission on the Net Win on the Affiliate's own Customer Account nor on the Customer Account/s of the Affiliate's employees or immediate family members.
• If the Affiliate or the Affiliate's employees sign up as a Customer at one of the company's Websites, the company shall have the right to terminate this Agreement.
• Please see the Commission Schedule which sets out the choice, selection, calculation and certain payment aspects of Commission, which Commission Schedule is specifically incorporated herein by reference.
• The company has and reserves the right to pass on any financial costs to the Affiliate's account that the company may incur due to Fraudulent Activity by the Affiliate, the Affiliate's employees and/ or Customers/ players whom the Affiliate have introduced to the company.
  • The company reserves the right to conduct final affiliate earning calculations up until the 15th day of the following month.
  • Any chargebacks and activities that may be deemed fraudulent by the company will be taken into consideration when calculating commissions.
• The company will process the Commission earned by the Affiliate in the previous calendar month by the fifteenth working day of the following month. The company shall not be liable to the Affiliate in any manner whatsoever for late payments due to technical, third party or any other unforeseen events or circumstances beyond its control.
• Minimum commission amount payable is $500, unless otherwise agreed to. If a month’s commission earning is below $500 across all brands, the commission value will be carried over to the following month, and so on until the commission value reaches $500 or greater.
• Payment shall be made by the company to the Affiliate by way of the method selected by the Affiliate on registration, but only in US Dollars.
• The first payment made to the Affiliate is seen as a verification payment and will be processed via wire transfer to the Affiliated designated details. Future payments may be processed via wire transfer or Bitcoin, whichever is your preferred payment method.
• If, after a 3 month inclusive period, no new active customers are referred to the brand in question, Number1Affiliates reserves the right to reduce the Revenue Share to 25% for that brand. If, after 6 months inclusive, where no new active customers are referred to the brand in question, then Number1Affiliates reserves the right to reduce the Revenue Share down to 15% for that brand.
• Number1affiliates does not pay CPA for duplicate players i.e. a Customer who already exist within the Number1affiliates or its Merchant’s database.
• Upon termination of any CPA agreements, number1affiliates will only be liable for a maximum period of 30 days late conversions unless other wise agreed upon by both parties.

• This Agreement can be terminated by the company with immediate effect without notice should the Affiliate breach one or more of its obligations under this Agreement or if it is determined at the company's sole discretion that the affiliate's site or source of traffic is unsuitable.
• Unsuitable sites are, inter alia, but not limited to, those sites that are aimed at children, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights, or are otherwise considered by the company to bring the company or its Merchants into disrepute or prejudice the interests of the company or its Merchants in any way.
• Upon review by the company, should the company find that the affiliate is in breach of that mentioned in paragraph 1 & 2 above or is in breach of any of the terms and conditions outlined in this agreement, Number1Affiliates holds the right withhold commissions temporarily or permanently and the Affiliate will immediately cease to be entitled to receive Commission or any other amounts that would be otherwise payable by the company to the Affiliate.
• Based on the severity of these breaches, which is at the discretion of the company, lifetime commissions from all players referred by the affiliate may also be forfeited. Once the agreement has been terminated in this regard, no further claims shall be made against the account as any earnings accrued after the date of termination will be deemed null and void.
• If the company deems any of the activities by the affiliate as potentially damaging to any of the brands or the program itself, or failure by the Affiliate to adhere to requests by the company shall give Number1Affiliates the right to terminate the agreement with immediate effect.
• The company may also terminate this Agreement at any time without cause. The Affiliate may terminate this Agreement without cause on providing 30 days' notice to the company.
• Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, any form of written communication between the parties is considered an immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
• Upon termination, all rights and licenses granted to the Affiliate in this Agreement shall immediately terminate. The Affiliate must immediately remove any reference to the company and the company's Websites, Brands or Products from its site and disable any links from its site. In particular, the Affiliate shall immediately remove access to any Derivative Website established by it.
• Upon termination for reasons other than those outlined above, the Affiliate shall continue to be entitled to receive Commission earned up to the time of termination plus any other amounts owing by the company to the Affiliate under this Agreement.
• Upon termination, the company may withhold the Affiliate's final payment for up to three months to ensure that the correct amount has been calculated and paid.
• If the company continues to permit activity (generation of revenue) from Customers directed by the Affiliate after termination, this shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.
• Upon termination, the Affiliate will return to the company any and all Confidential Information and/ or Customer Information, including all copies in the Affiliate's possession, custody and control and will cease all uses of any of the Intellectual Property. The Affiliate will take immediate steps to transfer ownership to the company, of each Derivative Domain Name established by the Affiliate, at the company's cost, not exceeding that incurred by the Affiliate on registering the Derivative Domain Name.
• Upon termination, the Affiliate, the company and their electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall be released from all obligations and liabilities to each other occurring or arising after the date of such 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 exculpate the Affiliate from any liability arising from any breach of this Agreement that occurred prior to termination.
• In order to comply with the provisions outlined above, the Affiliate hereby undertakes to sign and/or complete any and all documents or procedures and do all things necessary to facilitate the speedy and proper transfer of all Derivative Domain Names to the company, or an entity duly nominated by the company in writing.

Sale of Business:

• The company recognizes that an Affiliate may wish to sell his/ her/ its Affiliate business to a third party. The company requires an Affiliate to recognize and respect that the personal qualities, probity, and background of the company affiliates is vital to the company's decision to accept a person as an Affiliate of the Affiliate Program.
• If an Affiliate wishes to sell or otherwise dispose of the shares or assets of his/ her/ its Affiliate business to a third party (or conclude any transaction of a similar nature with a third party that will result in an effective change in control of his/ her/ its Affiliate business) the Affiliate shall be required, prior to completing the sale, disposal or transfer, to make the deed of sale subject to the suspensive condition that the company approve such purchaser as an Affiliate of the Affiliate Program.
• This must be communicated to the company within a reasonable timeframe and the Affiliate must provide any and all supporting documents that may be necessary, as the intended purchaser shall be subject to the company's approval (at the company's sole discretion) to join the Affiliate Program.
• If the company rejects the intended purchaser as an Affiliate of the Affiliate Program and the selling Affiliate nevertheless decides to proceed with the sale, the company shall terminate this Agreement insofar as it relates to the selling Affiliate, the business sold and/or the purchaser.
• In the event of an Affiliate's death, the company shall require that the executor of the deceased Affiliate's estate (or similarly charged person) to furnish the company with certified copies of their authority to act on the deceased Affiliate's estate's behalf, the deceased Affiliate's death certificate and proof of the deceased Affiliate's beneficiaries' identities.
• The Affiliate hereby agrees that the company shall be obliged to pay his/ her estate and/ or beneficiaries only once the company has received the information required in the above and any sums that may have accrued to the deceased Affiliate as Commission prior to his/ her death (or would otherwise accrue thereafter) for a period of 12 (twelve) months after his/ her death. The Affiliate hereby waives (on his/ her behalf and on behalf of his/ her estate, heirs, beneficiaries, successors or assigns) any rights that he/ she (or they) may have to any further sums of money and/ or Commission under this Agreement.

• The Affiliate and the company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. The Affiliate shall have no authority to make or accept any offers or representations on the company's behalf. The Affiliate shall not make any statement, whether on the Affiliate's site or otherwise, that conflicts with this Clause.
• The Affiliate will not be treated as an employee with respect to any local statute, ordinance, rule, or regulation of any country whatsoever.
• The Affiliate shall not make any claims, representations, or warranties in connection with the company and the Affiliate shall have no authority to, and shall not, bind the company to any obligations outside of this Agreement, unless agreed to in writing by either the company.

• The Affiliate shall defend, indemnify, and hold the company and its electronic cash providers, suppliers, contractors, agents, 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:
• The Affiliate will not be treated as an employee with respect to any local statute, ordinance, rule, or regulation of any country whatsoever.
• The Affiliate shall not make any claims, representations, or warranties in connection with the company and the Affiliate shall have no authority to, and shall not, bind the company to any obligations outside of this Agreement, unless agreed to in writing by either the company.
• The Affiliate and the company are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. The Affiliate shall have no authority to make or accept any offers or representations on the company's behalf. The Affiliate shall not make any statement, whether on the Affiliate's site or otherwise, that conflicts with this Clause.

• This Agreement will be governed by the laws of Curacao, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Curacao and the Affiliate irrevocably consents to the jurisdiction of its courts.
• Both Parties shall give each other their mutual support in the giving of effect to the spirit, purport and object of this Agreement.
• The Affiliate may not assign this Agreement, by operation of law or otherwise, without the company's prior written consent. Subject to that restriction, this Agreement will be binding on, ensure to the benefit of, and enforceable against the Affiliate and the company and the Affiliate's and the company's respective successors and assigns.
• The company's failure to enforce the Affiliate's strict performance of any provision of this Agreement will not constitute nor be construed as a waiver of the company's right to subsequently enforce such provision or any other provision of this Agreement.
• The company's rights and remedies hereunder shall 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. The Affiliate acknowledges, confirms, and agrees 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 the company's 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 the company's respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
• 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.
• This agreement will stay in effect for so long as the company makes this service available, unless this Agreement is terminated prior thereto in accordance with the terms contained herein.
• The company may amend, alter, delete, interlineate or add to any of the terms and conditions contained in this Agreement or the Commission Schedule at any time and at the company's sole discretion, by posting a change notice or a new agreement on its site. Such amendments, alterations, deletions, interlineations or additions may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures, and referral program rules.
• Any amendments, alterations, deletions, interlineations or additions to this Agreement or the Commission Schedule shall be effective immediately upon notice, which may be provided to the Affiliate via e-mail or by display on the the company website. The Affiliate's use of the company website and/ or continued marketing of the company's Websites after such Notice is given to the Affiliate will be deemed acceptance of such amendments, alterations, deletions, interlineations or additions or the new Agreement or Commission Schedule should this Agreement or the Commission Schedule be replaced in its/ their entirety. Be sure to review this Agreement and the Commission Schedule periodically to ensure familiarity with its most current version.
• NO PURPORTED MODIFICATIONS, AMENDMENTS, ALTERATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT OR THE COMMISSION SCHEDULE BY THE AFFILIATE ARE PERMITTED OR WILL BE RECOGNIZED BY the company. None of the company's employees, officers or agents may verbally alter, modify or waive any provision of this Agreement or the Commission Schedule.
• Due to the nature of the Internet, it is not possible for the company to limit access to the company and its website to those jurisdictions in which it does business. Services and products described on the company's website may therefore not be eligible for solicitation in your jurisdiction. If you are accessing the company's website from such jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation of an offer to buy any product or service from the company. This site is for use only by persons residing in jurisdictions where the company's products and services may legally be offered.
• Number1affiliates does not permit or allow an affiliate to bid on search keywords, including and without limitation the Merchants Brands and Websites associated trademarks or words that are similar, this will be considered in breach of good faith entitling Number1affiliates to terminate this agreement immediately.

Anti-Spam Policy

The company DOES 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, the company maintains the right to preclude such person(s) from further involvement in the company 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 [email protected].

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 an 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.