The terms and conditions specified here within this document are collectively referred to as the "Affiliate Agreement" and contain the terms and conditions for the cooperation between the Affiliate and the DragonKong gaming site. The Affiliate refers to the entity or person stated in the Affiliate Signup Form. Dragon Kong, The Site or DK shall refer to the gaming site (http://www.dragonkong.com) offering games of Mahjong, developed and maintained by Mahjong Logic Ltd.Terms and Conditions
28 Nov 2009
1. General
1.1 Your declare that you are over 18 years.
1.2 You must provide true and complete information to us at all times; including but not limited to, your contact information, payment instructions, nationality, residency, location and your marketing activities, and any other information that DK may request.
1.3 This Agreement may be amended by DK either by notifying the Affiliate by email or by posting a new version of the Agreement on DKÂ?s website. In case of notification by email the amendments shall become binding on you immediately, otherwise an amendment is binding after 7 days. It is your responsibility to check DKÂ?s website to ensure that you are aware of the latest version of the Agreement. If an amendment to this Agreement is not acceptable to you, your sole remedy is to terminate the Agreement.
2. Marketing
2.1 The affiliate shall not promote the services offered by DK on any sites that:
- encourages anyone to contravene any law; or
- targets individuals under the age of 18; or
- suggest that services offered by DK are a form of investment, financial or otherwise; or
- that are aimed at children
- display child pornography or other illegal sexual acts,
- promote violence,
- promote discrimination of any form including but not limited to discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
2.2 If the Affiliate organizes an event or participate as an in events organized by a third party, it is the Affiliates responsibility to assure the compliance of the event with all relevant applicable laws and this agreement.
3. Commission and Settlement
3.1 The Affiliate is paid a flat commission of 30% (thirty percent) on the Gross Revenue generated by players tagged to the affiliate unless otherwise agreed on, between DK and the Affiliate.
3.2 The Affiliate is paid a flat commission of 4% (four percent) on the Gross Revenue generated by players tagged an affiliate referred to DK by the Affiliate, unless otherwise agreed on, between DK and the Affiliate.
3.3 Settlement shall be made no later than 15 (fifteen) days after the end of each calendar month. DK reserves the right to withhold payouts if the Affiliate or players tagged to the Affiliate are subject to investigation regarding fraud or abuse of services.
3.4 The Commission shall be paid into the affiliates account on DragonKong, from which payments may be requested at anytime using the available withdrawal methods.
3.5 Any charges that may be applicable to the withdrawal of the Referral Commission from the Commission Account by the Referral Company shall be borne solely by the Affiliate.
3.6 DK has the right to adjust payments of the Referral Commission from time to time to reflect any over-payments or other applicable deductions which were not deducted earlier, such as charge-backs or refunds.
3.7 Referral commission greater than 30% will be calculated as the gross commission less costs for promotions given to the players (bonuses, tournament sponsorship, VIP-points etc) and any costs for Credit Card fraud. The gross commission includes commission from single games and fees from tournaments.
3.8 If the Monthly Gross Revenue is negative the negative balance will be carried forward to the next month.
3.9 The Affiliate bears the sole responsibility to report revenues and pay taxes (if applicable) to local authorities. DK can assume no responsibility whatsoever toward local authorities.
4. Tracking
4.1 DK shall provide to the best of its ability the tools neccessary for the Affiliate to create campaigns and tracking codes, to be used for online and offline marketting.
4.2 All New Players using the Affiliate url or the Affiliate signup code shall be tagged to the Affiliate
4.3 DK shall ensure to the best of its ability that the new players are tagged correctly to the Affiliate
4.4 DK will track and report Members activity for purposes of calculating your Affiliate commission. DK will provide the Affiliate with a web interface allowing monitoring of the Players activities.
4.5 The Affiliate acknowledges and accepts that all PlayersÂ? Data, including data relating to Referred Players, is the exclusive property of DK.
5. Liability
5.1 DK can not guarantee that the gaming systems, the site, network, software or hardware will be error free or operated without disturbances.
5.2 The affiliate acknowledges and accepts DK's right to change or withdraw any parts of the Service, at any time and in any manner it deems appropriate, without prior notice to the Affiliate and without any liability whatsoever. Provided that any changes of the Service affect the Affiliate to significant extents DK to the best of its abilities shall give prior notice to the Affiliate.
6. Term & Termination
6.1 Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via e-mail.
6.2 Upon termination by DK without any reasons DK shall continue to pay commission for all earnings generated by existing Players who signed up before the effective date of termination.
6.3 Upon Termination by the Affiliate, DK shall be under no obligation to make further payments.
6.4 Upon Termination based on violation of the Agreement, DK reserves the right to close the Affiliate account and withhold any remaining funds.
6.5 Upon notice of any negative publicity concerning the Affiliate, or the AffiliateÂ?s owner(s), which DragonKong management believes might damage the reputation of DK, DK reserves the right to immediate suspension/terminations of the Agreement.
