Affiliate Agreement

  1. 1. Definitions

    1. "Affiliate" shall mean such person whom the Website may allow to host, conduct or arrange the games and tournaments.
    2. "Agreement" shall mean this Affiliate Agreement along with all its recitals and schedules
    3. "Confidential Information" shall mean any trade secret or other information which is deemed confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by either Party) and which belongs to any associates or representatives of either Party (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the proprietary information relating to the development, utility, operation, general or specific data, functionality, performance, cost, know-how, details of present and proposed businesses, formulas, ideas, strategies, techniques, policy, data related to employees, present or proposed vendors/customers, information regarding research and development, unpublished financial statements, budgets and other financial details, computer programming techniques, methodologies and related technical information, business or marketing plans, forecasts, licenses, prices or lists, quotes, bids, controls, operating procedures, organisation responsibilities, marketing matters and any policies or procedures, software programs and files, operating manuals, user manuals documentation, source code and any and all information pertaining to the either Parties application or software of any of its associates or representatives.
    4. "Intellectual Property" shall mean Collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress (iv) rights relating to the protection of trade secrets and Confidential Information and (v) internet domain names, internet and world wide web URLS or addresses and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
    5. "User" shall mean any person using the Website or availing any of its Services.
  2. 2. Affiliates

    1. We encourage Users to host games and tournaments on the Website. The Website shall allow Affiliate Users to host games and tournaments by themselves.
    2. Initially Affiliates shall be allowed to host and conduct games and tournaments consisting of only 16-32 players. The Website shall allow Affiliates to host and conduct larger games and tournaments based on their performance.
    3. Affiliates shall be entitled to such share in the game/tournament fee as specified in Clause 5.
    4. In the event of any breach of this Agreement we reserve the right to:
      1. Terminate or cancel any game or tournament
      2. Restrict any User’s/Affiliate’s access to any game or tournament hosted
      3. Ban any User/Affiliate
      4. Terminate the accounts of any User/Affiliate
      5. Restrict Users/Affiliates access to the Website.
      6. Retain all amounts attributable to the User´s winnings and/or distribute it in any manner the Website may deem fit.
    5. The Website further reserves the right to reward any Affiliate based on their performance. Only Affiliates contributing to the Website shall be eligible for rewards.
  3. 3. Referrals

    1. The Website has a referral policy wherein users may refer persons to the Website. The referral program is an incentive based system where Users shall be entitled to a certain share in all payments made by the person referred to the Website. Provided, you shall be entitled to such incentive payment only on the successful registration by the person you referred.
    2. We reserve the right to reject any referral that references an existing User. We further reserve the right to reject any other referral for any or no reason at all.
    3. We may also withhold or deny payment of referral fees in the event of any disputes or in the event that the Website, in its sole discretion, suspects you of any foul play.
  4. 4. Restriction of use

    1. By Using the Website or any of its Services, Users hereby agree that they shall refrain from posting, publishing, make public, distribute or transmit in any manner any content which, in our sole opinion, is considered to be harmful, abusive, threatening, discriminating, libellous, defamatory, vulgar, explicit, pornographic or otherwise inconsistent with any applicable law.
    2. You are further restricted from posting, transmitting or distributing any malicious content that may alter or attempt to alter the normal functionality of the Website or its Services or that which affects any User’s system, including but not limited to any viruses, malware, time bombs, logic bombs, keystroke loggers, Trojans or any other malicious coding or programs.
    3. Affiliates found using any unauthorized third party programs, including but not limited to any mods, hacks, cheats, bots or any other program that may interact or attempts to interact with the game servers or the Website or disrupts the functionality of the Website or modifies the game in any manner, shall be banned or restricted from accessing the Website and their respective accounts shall be either suspended or terminated at the discretion of the Website.
    4. All content and material present anywhere on the Website or in the Services are that which belongs solely to us or that which has been duly obtained. You may only use, modify, reproduce certain parts of such content and material on obtaining our written consent. You are expressly restricted from using, copying, reproducing, disseminating, transmitting, making public, selling or offering for sale the whole or any part of the Website and the Services without our express consent.
    5. Logging out or disconnecting during a game or a tournament may lead to such Affiliate’s or such Affiliate’s team’s forfeiture and we shall not be responsible for any loss or damages incurred due to the forfeiture. Logging out or disconnecting during a game or tournament may also affect the Affiliate’s chances of being rewarded.
    6. You are also restricted from accessing or attempting to access any part of the Website or of the Services not intended for Users/Affiliates. Neither shall you attempt to breach or circumvent any of the security measures implemented by us.
    7. While hosting any game or tournament, Affiliates shall ensure their compliance with this Agreement as well as with the latest version of the Website’s Terms of Use.
    8. Affiliates may post, publish or transmit any content or communications only in such places designated for this purpose. Affiliates hereby relinquish all rights over any content posted, transmitted or made public by them. The Website may, in its sole discretion, monitor or record any content posted, transmitted or made public by the Affiliate. However we shall have no duty to monitor any User/ Affiliate generated content.
  5. 5. Fee and payment

    1. We do not levy any charges for hosting any games or tournaments. All fees and other payments are that which are set by Users creating or hosting the games and tournaments. All fees, payments, retains and winnings will be paid/made with Yamzu Points, as set out in the Terms of Use. At the end of the game or tournament the registration fee shall be distributed to/among the winner(s) as per the directions of the Website. The Website shall be entitled to retain 15 (Fifteen) % of the total registration fee and the remaining shall be distributed among the winners.
    2. Affiliates shall be entitled to retain 2 (Two) % of any fees set by them while hosting any games or tournaments or they may choose to retain 2 (Two) % of the fee set by us.
    3. You shall be entitled to 2 (Two) % of all fees paid by any person who has registered themselves on the Website based on your referral.
    4. All sums due and payable to the Affiliate shall be paid within 30 (Thirty) days from the date of receipt of such payment by the Website. Users accept and agree that they shall not be entitled to any interest or late fees from the Website in case of any delays in payment.
    5. The Website reserves the right to withhold or deny payment to any Affiliate/User or other person in case of any disputes or if the Website suspects such person of any malpractice.
    6. The Website further reserves the right to reward any person, as they deem fit, if such person has significantly contributed to the Website.
    7. The Website shall be liable only to pay a single referral fee for each single referral.
  6. 6. Term and termination

    1. This Agreement shall continue to be in force for the duration of your affiliation with the Website.
    2. You may at any time terminate this Agreement by ceasing to conduct or host any games or tournaments as an Affiliate.
    3. We reserve the right to terminate this Agreement in the event of your breach of any of the provisions contained herein or present in our Terms of Use or Privacy Policy. Affiliates found in breach of any of the above mentioned provisions shall not be entitled to any fees or winnings.
    4. We further reserve the right to terminate the Services being rendered or any User account for any or no reason at all.
    5. We may initiate appropriate legal action against any Affiliate found to be using the Website or its Services after the termination of this Agreement.
  7. 7. Confidentiality

    1. You shall not, for the duration of your affiliation with the Website, or at any time thereafter use for your benefit or for the benefit of any other person any Confidential Information, belonging either to the Website or to any User, that you may have received or come across. Neither shall you distribute, disclose or make public any such Confidential Information received.
    2. You hereby agree and accept that we shall have no duty of confidentiality over any information posted, published, made public or transmitted by you using the Website or any of the Services.
    3. We may also monitor and record any or all communications sent and received by you through the Website or any of its Services and you hereby provide your consent to such monitoring and recording.
    4. You hereby agree and accept that any wrongful disclosure on your part may result in irreparable losses to the Website for which monetary compensation may be insufficient and that we shall, without prejudice to any other right or remedy available to us, be entitled to seek any injunctive or equitable relief available under law.
    5. However, neither Party shall be responsible for any wrongful disclosure if:
      1. Such information was known to them prior to entering into these Terms.
      2. Such information already existed in the public domain.
      3. Such information was disclosed due to no fault by either Party.
      4. Such information was disclosed in compliance with any law, court order or direction issued by any governmental authority.
  8. 8. Intellectual property

    1. Any and all Intellectual Property, including but not limited to any trademarks, trade names, logos, graphic designs, regardless of whether the same has been applied for protection or not, shall be that belonging solely to the Website or which has been duly obtained. We merely grant you a revocable, worldwide, royalty free right to use certain Intellectual Property of the Website for the purposes entailed herein.
    2. While you shall retain all rights, title and licenses over any and all content posted, published, transmitted or made public by you using the Website or any of its Services, you hereby grant the Website a worldwide, irrevocable, royalty free right to use, copy, reproduce, distribute, make public, sell or offer for sale any and all such content.
    3. We reserve the right to initiate appropriate legal action against any person found to be infringing any of our Intellectual property.
    4. You shall be solely responsible in ensuring that you have obtained all necessary rights, licenses and approvals over all content posted, published, transmitted or made public by you using the Website or its Services.
  9. 9. Presentations and warranties

    1. You hereby represent and warrant that all information provided by you to the Website is true, accurate and complete in all aspects and that you have all necessary rights, titles and licenses over all such content.
    2. To the extent permitted under law, the Website hereby disclaims all representations and warranties, whether implied or not with regard to the merchantability and fitness of the Services provided. The Website makes no representations or warranties that the Services provided shall be continuous, error free, accurate or otherwise uninterrupted.
    3. All of the Services and other features as provided by the Website are on an ‘as is’ basis and an availability basis. You shall be responsible for ensuring its availability beforehand.
    4. None of the information present on the Website or anywhere in the Services amount to any advice, neither shall you place any reliance on the accuracy of such information.
    5. You hereby represent and warrant that you shall, during the course of your affiliation with the Website, be in conformity with this Agreement as well as with the Terms of Use and Privacy Policy kept in place by us.
  10. 10. Indemnity and liability

    1. Affiliates shall indemnify or otherwise hold harmless the Website as well as any other User against any and all loss, damage, claims, actions or suits arising due to the conduct of the Affiliate.
    2. You hereby agree and accept that the Website is merely a facilitator that provides Users with the necessary servers required to host or play the games and tournaments and that the Website shall in no way be responsible for the actions of any User.
    3. Under no circumstances shall the Website be liable for any loss of actual or anticipated revenues, profits, income, goodwill, business, or for any consequential, special, incidental, punitive, exemplary or other indirect losses or damages whether arising out of or related to these Terms including those in contract, tort (including negligence) regardless of whether such loss was foreseeable or if the Website has been advised of the possibility of such damages or loss. Neither shall the Website be liable for any loss, damage or destruction of property caused to any Affiliate due to the rendering of any Services, including personal injury and death.
    4. However, neither Party shall be liable for any loss, damage or claims arising due to any cause that was out of the control of the Parties or was otherwise unforeseeable, including but not limited to any Act of God, war, riots, and electrical spikes
  11. 11. Amendments

    1. We may change or revise any part or the whole of this Agreement at any time without providing any prior notice. You shall be responsible to keep yourself updated with any changes to this Agreement.
    2. Continued use of this Website after any revision shall be construed as your acceptance of the revised Agreement.
    3. We may, in our attempts to improve upon the Website and the Services, modify, change or update the whole or certain parts of the Website and the Services. You may be required download, install, update or purchase certain additional software or hardware to meet the current system requirements. All costs incurred by you while meeting any system requirements shall be borne solely by you.
  12. 12. Severability

    1. If any portion of this Agreement is unenforceable or otherwise inconsistent with any law in force, such portion shall be fully severable and the rest of this Agreement shall continue on as if such portion was never a part thereto.
  13. 13. Waiver

    1. Any time taken or leniency shown by the Website shall not be construed as a waiver of the Website’s right to seek appropriate remedy available under law.
  14. 14. Entirety

    1. This Affiliate Agreement along with the Terms of Use and Privacy Policy shall constitute the entire agreement and understanding between the Parties and shall supersede all other agreements and understandings between the Parties.
  15. 15. Governing law and jurisdiction

    1. Any and all claims or disputes arising out of this Agreement shall be dealt with in accordance with the laws of Sweden.
    2. The Courts of Sweden shall have exclusive jurisdiction over all claims and disputes arising out of this Agreement.
    3. However, the Website may always commence proceedings for the payment of any amount due to the Website in any court with jurisdiction over the Affiliate or any of the Affiliate´s assets.
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