AFFILIATE PROGRAM TERMS & CONDITIONS

These are the official BetMax Casino Affiliate Program Terms and Conditions. Upon creating an affiliate account, you certify that you (Affiliate) agree to the following terms and conditions set forth by BetMax Casino (Casino).

1. Promotional Grant

The Casino grants the Affiliate the non-exclusive, non-transferable right and license to advertise, market and promote the Casino, in accordance with the terms and conditions found on this page. All other rights and licenses not expressly granted herein are reserved by the Casino.

2. Obligations of the Casino

1. The Casino reserves the right to provide its affiliate services in any manner it deems appropriate. The Casino reserves the right to modify or cancel any part of its program and the terms and conditions here included at any moment and in any manner, without prior notice.

2. The Casino will not be held responsible or liable for any loss of income or any loss of ability to produce income, incurred by the Affiliate. Should direct or indirect actions of the Casino or any third party negatively impair the ability of the Affiliate to produce income, the Casino can not be held accountable.
   

3. Obligations of the Affiliate

1. To maximize the benefit for the Affiliate and the Casino, the Affiliate agrees to empower their best professional efforts to effectively and actively promote and advertise the Casino across the Internet as much as possible while not going against any rules set for in these terms and conditions.

2. The Affiliate shall cover all expenses incurred in connection with the marketing, advertising and promotional endeavors of the Service.

3. The Affiliate will not engage in any advertising, marketing and promotional efforts which violate the law and/or which reflect negatively on the reputation of the Casino. The Casino maintains the right to define its style, content, and branded image and therefore, has the right to approve and review the methods used by the Affiliate to advertise, market and promote the Casino.

4. Despite the approval given by the Casino to the Affiliate to advertise, market, and promote the Casino, the Casino, is not liable for any and all claims declared against the Casino from any and all actions taking by the Affiliate. The Affiliate will indemnify, defend and maintain the Casino harmless against any and all such claims.

5. If there is a breach in these Terms and Conditions, the Casino reserves the right to withhold any or all payments to the Affiliate.

6. These Terms and Conditions are subject to change at any moment at the discretion of the Casino. It is the right of the Affiliate to be aware of the current regulations concerning their payments and commissions.
   

4. Compensation / Affiliate Accounts

1. The Casino agrees to pay the Affiliate its earned commissions each month for income earned during the preceding calendar month. Payments will be processed by the Casino within the first seven business days of the following month. The Casino reserves the right to extend this payment deadline should special circumstances arise. Should the amount due to be paid to the Affiliate be less than $100, the balance will be carried over to the next payment period.

2. The casino will contact the Affiliate by email during the payment period to confirm payment instructions. Should the Affiliate fail to provide instructions in order to process their payment during the first days of the month, earnings would carry over to the next payment period. It is the Affiliate's responsibility to provide a valid, frequently checked email when creating the account in order to be easily contacted. If the Affiliate fails to respond with instructions to the process of his payment during a six month period, earnings will be cancelled.

3. The Affiliate shall be given the means by which to monitor the Referral Percentage and the payments in real time from their private log in account at a secure website maintained by the Casino.

4. The Casino offers you three types of revenue plans to choose from: CPA (Cost Per Acquisition), Net Revenue, or CPA + Net Revenue.

   A. CPA Affiliates are paid based on each referred "real" player. A real player is one that deposits and wagers money in the casino. Here is the payment scale:

   25 depositing players per month - $75
   26-49 depositing player per month - $110
   50 or more depositing players per month - $150

   When the Affiliate's referred player reaches a total of the CPA amount in total deposits at the Casino, the Affiliate will then be eligible to receive owed compensation for that player.

   A player is considered to have made a total of the CPA amounts in deposits once they have deposited the money and played through the deposit. Should the player referred be problematic player, the Casino reserves the right to withhold commissions to the Affiliate. Should the referred player of the Affiliate engage in any fraudulent acts, the Casino reserves the right to withhold commissions to the Affiliate.

   Affiliates are not allowed to accumulate earnings by referring themselves and creating an account at the casino.

   B. Net Revenue the Affiliate percentage shares in the net profits of the Casino. Net revenue is defined as the casino net win minus bonuses and charge backs. Here is the payment scale:

   0 to $10,000 - 25%
   $10,001 to $20,000 - 30%
   $20,001 to $30,000 - 35%
   $30,001 or more - 40%

   The Casino reserves the right to review all negative balances on a case by case basis. Should fraud, charge backs or other specific player account circumstances arise, the Casino reserves the right to withhold partial or complete payments.

   C. CPA + Revenue Share - the Affiliate Shares in a percentage of the net profits of the Casino. The Casino Net Win is defined as the Gross Win (all money played-deposits and non-cash items) minus adjustments, non-cash items (coupons, credits), and chargebacks. Also, when the Affiliate´s referred player reaches a total of $50 or more in deposits at the Casino and has wagered at least that amount, the Affiliate is eligible to received owned compensation ($50 CPA + 25% net win) for that player.

Should the Affiliate dispute a payment received, they have 60 days from the date of receiving the payment to formally formally notify the Casino of a challenge the amount paid. Should the Affiliate fail to issue this challenge within this specified timeframe then the original payment will be understood as accepted by the Affiliate and any challenge to it will not be addressed.

Should an Affiliate's player process a chargeback, the Casino reserves the right to reverse any commissions paid to the Affiliate and reduce the amount from future payments. The Casino reserves the right to charge any Fraud Costs to your Affiliate account.

5. Upon Termination of The Agreement

1. The terms of this Agreement will commence as soon as the Affiliate creates a unique link to the Casino website. It will be continuous unless and until either the Affiliate or the Casino notifies the other in writing that it wishes to terminate the Agreement. As soon as this is done, the Agreement may be terminated immediately. Either party can terminate the Agreement at any time for any purpose. Notification via e-mail is considered a written and immediate form of notification. Should the Affiliate fail during a period of consecutive six months to send neither new visitors nor new deposits to the Casino, their account will automatically terminate. Any earnings not claimed during that six month period will be cancelled. Email notification will not be sent.

2. If, at any time, it is determined that your site is unsuitable, the Casino retains the right to terminate the Agreement without prior warning. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights.

3. The Casino retains the right to immediately cancel the Agreement if the Affiliate is in material breach of any of these Terms and Conditions. Such breach includes, but is not limited to, situations when the Affiliate engages in advertising, marketing, distribution and promotional efforts that would impair the Casino's goodwill and business reputation, or would expose the Casino to legal liability. Upon termination, all rights and licenses given to you in this Agreement shall immediately terminate.

4. Upon the cancellation of the Agreement, the Affiliate must immediately remove all hyperlinks and materials, over which the Casino has a proprietary right, from any and all websites under jurisdiction of the Affiliate.

5. If the Agreement is canceled, and the Affiliate is not in default of these Terms and Conditions, the Affiliate has no right to continue receiving incomes on their referred users who continue to play at the Casino.

6. Players that utilize the Casino's facilities and services and all information relating to such Players shall remain the property of the Casino at all times.

6. Exclusivity, Non-Competition and Ownership of Service Name

1. The Affiliate agrees, understands and acknowledges that the Casino retains the right to enter into similar Agreements with third parties to promote the services of the Casino.

2. The Casino maintains complete ownership and control over all trademarks, logos, copyrights, trade names, and designations belonging to the Casino. Nothing within these Terms and Conditions gives the Affiliate any right, title or interest to claim ownership or marketing control over any of them.

3. The Affiliate acknowledges that the Casino owns and retains all copyrights and other proprietary rights, as well as any software provided by the Casino, in all of the foregoing. The Affiliate shall not assert any claim or interest in or to any trademark, trade name, copyright, service mark or logo belonging or licensed to the Casino, or do anything to adversely affect their validity or enforceability. This includes any act or assistance to any act that may infringe, or lead to the infringement of, any software copyright.

4. Without limiting the generality of the foregoing terms, the Affiliate will not itself attempt, or assist any third party in attempting, to register any trademark, trade name or other proprietary right with any governmental agency (federal, provincial, local or otherwise) or with any other entity or authority, without the express, unequivocal and unambiguous prior written consent of the Casino. The Affiliate will not attach any additional trademarks, logos or trade designations to the Software; and shall ensure that none of the trademarks (or any variations thereof) appear in any portion of the Affiliate's name, or any name under which the Affiliate conducts business. The Referral Company shall not affix a trademark, logo or trade name of the Casino to any non-Casino product. The Affiliate shall not alter, erase, deface or overprint any notice of proprietary rights on anything provided by BMC.

7. Confidentiality

The Affiliate and the Casino each understand that each may have access to, and come into contact with, Confidential Information of the other. The Affiliate and the Casino each agree not to misuse, misappropriate or disclose any such Confidential Information, directly or indirectly, to any third party under any circumstance.

8. Representations

1. The Affiliate certifies to the Casino that it has all necessary rights, licenses, permissions and business permits necessary; and will comply with all applicable laws, rules and regulations in connection with promoting the Casino.

2. The Affiliate agrees to indemnify and render the Casino harmless against claims, liabilities, causes of action, damages, judgments, costs and expenses arising out of, or in any way connected with, any breach or alleged breach by the Affiliate of any representation, warranty or agreement contained any where in these Terms and Conditions.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the law of the Republic of Costa Rica. If any provision of this Agreement as applied to any party or to any circumstance should be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the invalidity of that provision shall in no way affect (to the maximum extent permissible by law) the application of such provision under circumstances different from those adjudicated by the court, the application of any other provision of this Agreement, or the enforceability or invalidity of this Agreement as a whole. Should any provision of this Agreement become or be deemed invalid, illegal or unenforceable in any jurisdiction by reason of the scope, extent or duration of its coverage, then such provision shall be deemed amended to the extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision will be stricken and the remainder of this Agreement shall continue in full force and effect.