LUXURY GAMING BY NOVA AFFILIATE PROGRAM TERMS OF SERVICE
Effective Date: July 15/2024
1. Acceptance of Terms
This Affiliate Program Agreement (the “Agreement”) is entered into by and between Luxury Gaming By Nova, located at [Company Address] (the “Company”), and the affiliate applicant (the “Affiliate”). By submitting an application to participate in the Luxury Gaming By Nova Affiliate Program (the “Program”), the Affiliate agrees to be bound by the terms and conditions of this Agreement. The Company reserves the right to modify these terms at any time and such modifications shall be effective upon posting on the Company’s website. Continued participation in the Program following any modifications constitutes acceptance of the new terms.
2. Enrollment in the Program
2.1 Application: To become an Affiliate, you must complete and submit the online application form and provide accurate, current, and complete information as required. The Company reserves the right to accept or reject any application at its sole discretion for any reason.
2.2 Acceptance: Upon acceptance into the Program, the Company will provide the Affiliate with a unique affiliate link (the “Affiliate Link”) to be used for tracking referrals and sales.
3. Affiliate Responsibilities
3.1 Marketing and Promotion: The Affiliate agrees to use the Affiliate Link to promote the Company’s products on their website, social media channels, and other marketing platforms. The Affiliate is responsible for ensuring that their promotional activities comply with all applicable laws, regulations, and guidelines, including the Federal Trade Commission (FTC) guidelines on endorsements and testimonials.
3.2 Ethical Conduct: The Affiliate agrees not to engage in any unethical, misleading, or illegal marketing practices. This includes, but is not limited to, spamming, false advertising, and unauthorized use of the Company’s trademarks or copyrighted materials.
4. Commission and Payment
4.1 Commission Structure: The Affiliate will earn a commission of six percent (6%) on net sales generated from customers referred via the Affiliate Link. “Net sales” are defined as the gross sales amount minus any discounts, returns, chargebacks, and shipping costs.
4.2 Payment Terms: Commissions are calculated on a monthly basis. Payments will be made to the Affiliate by the 1st/first day of the month following the month in which the sales were made. Payments will be made via PayPal, ect.
4.3 Payment Information: The Affiliate is responsible for providing accurate payment information and maintaining up-to-date contact details. The Company is not liable for any payment errors or delays due to incorrect or outdated payment information provided by the Affiliate.
5. Tracking and Reporting
5.1 Tracking: The Company will provide the Affiliate with access to an online dashboard where the Affiliate can track referrals, sales, and commission earnings. The Company uses cookies to track customer referrals, which have a cookie duration of 30 days.
5.2 Reporting: The Affiliate is responsible for regularly monitoring their dashboard to ensure the accuracy of referral and commission data. Any discrepancies must be reported to the Company within 30 days of occurrence.
6. Confidentiality
6.1 Confidential Information: The Affiliate agrees to keep confidential all information related to the Company’s business, including but not limited to pricing, marketing strategies, customer information, and any other proprietary information disclosed during the term of this Agreement.
6.2 Non-Disclosure: The Affiliate shall not disclose any Confidential Information to any third parties without the prior written consent of the Company, except as required by law.
7. Intellectual Property
7.1 License Grant: The Company grants the Affiliate a non-exclusive, non-transferable, revocable license to use the Company’s trademarks, logos, and marketing materials (the “Licensed Materials”) solely for the purpose of promoting the Company’s products under this Agreement.
7.2 Use Restrictions: The Affiliate shall not modify the Licensed Materials in any way without the Company’s prior written consent. The Affiliate agrees to use the Licensed Materials in accordance with any brand guidelines provided by the Company.
7.3 Ownership: All rights, title, and interest in the Licensed Materials remain with the Company. The Affiliate’s use of the Licensed Materials does not grant any ownership rights therein.
8. Prohibited Activities
The Affiliate agrees not to: a. Misrepresent the Company or its products in any way. b. Engage in spamming or other unsolicited marketing practices. c. Use their Affiliate Link in paid advertising campaigns, including pay-per-click (PPC) advertising, without the Company’s prior written approval. d. Offer any form of rebate, discount, or incentive to induce sales through their Affiliate Link. e. Violate any applicable laws or regulations.
9. Term and Termination
9.1 Term: This Agreement shall commence upon the Company’s acceptance of the Affiliate’s Program application and shall continue until terminated by either party.
9.2 Termination for Convenience: Either party may terminate this Agreement at any time, with or without cause, by providing thirty (30) days written notice to the other party.
9.3 Termination for Cause: The Company may terminate this Agreement immediately for cause if the Affiliate breaches any of the terms of this Agreement. Upon termination, the Affiliate must cease all promotional activities related to the Company’s products and remove all Affiliate Links and marketing materials from their website and marketing channels.
10. Limitation of Liability
10.1 No Warranty: The Company makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, the Company makes no representation that the operation of its website will be uninterrupted or error-free, and the Company will not be liable for the consequences of any interruptions or errors.
10.2 Limitation of Liability: The Company shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of revenue, profits, or data, arising out of or in connection with this Agreement, even if the Company has been advised of the possibility of such damages. The Company’s aggregate liability arising from this Agreement shall not exceed the total commissions paid or payable to the Affiliate under this Agreement.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state of New Brunswick, without regard to its conflict of laws principles. Any disputes arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in New Brunswick, Canada.
12. Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter. Any modifications or amendments to this Agreement must be in writing and signed by both parties.
13. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
14. Assignment
The Affiliate may not assign this Agreement, by operation of law or otherwise, without the prior written consent of the Company. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
15. Independent Contractors
The parties 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 will have no authority to make or accept any offers or representations on the Company’s behalf.
16. Waiver
The Company’s failure to enforce the Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provision of this Agreement.
Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Luxury Gaming By Nova
38 Winchester Ave, NB, Canada
Hello@pctogame.com
IN WITNESS WHEREOF, by applying to the Program, you agree to these Terms and conditions.
Nothing is as simple as black and white.