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Affiliate Program

Terms and Conditions

Affiliate Agreement between Sinsational Intertainment Inc., a corporation under the laws of Antigua and Barbuda (“Sinsational”) and you (“Affiliate”)

A. Sinsational operates the Casino;
Affiliate wishes to advertise and promote the Casino and to refer prospective customers to the Casino, in accordance with this Agreement, has completed the Affiliate Registration information on the Casino website and has agreed to the terms of this Agreement by checking “I agree” on the Affiliate Registration web page;
Sinsational has agreed to pay a Commission to Affiliate for each Qualified Customer in accordance with this Agreement.

In consideration of the premises and mutual covenants herein set forth, the parties agree as follows:
  1. Definitions
    In this Agreement the following terms have the following meanings:
    "Approved Link" means a hyperlink in a form specified by Sinsational from time to time which contains information identifying the Affiliate;
    "Casino" means the Internet-based facility for playing Games operated by or for Sinsational, using the Software, hosted on computer hardware operated by or for Sinsational;
    "Customer Information" means all information, in any form, respecting customers of the Casino (not limited to Affiliate's Customers) including, without limitation, name, contact information, credit card, banking and other financial information, and all information respecting transactions with the Casino;
    "Games" means all games of chance or mixed chance and skill, wagering or betting on any event or contingency including, without limitation, casino style games, sports wagering, sportsbook and bookmaking, horseracing, lotteries, and bingo;
    "Period" means the time period designated by Sinsational from time to time for purposes of accounting for amounts in respect of Casino transactions;
  2. Operation of Casino by Sinsational

  3. (a)
    Sinsational will provide Affiliate with access to a section of the Casino website on which it will post:
    (i) information concerning customers referred by Affiliate to Sinsational during a particular Period including the number of Referred Customers who opened an account with the Casino during that Period, the number of Referred Customers that become Qualified Customers during that Period, the Accruing Commission Balance, and the Available Commission Balance;
    (ii) information concerning Approved Links and Policies; and
    (iii) notices to Affiliate;
    Sinsational may from time to time establish terms, conditions, restrictions, requirements, policies or guidelines with respect to all aspects of operation of the Casino and the operations and conduct of Affiliate (collectively "Policies"), including, without limitation, in relation to:
    (i) the content, specifications and requirements (including text and graphic) of Approved Links;
    (ii) marketing and promotion of the Casino, wagering or betting on the Casino, opening of an account(s) for, acceptance of or dealing with prospective and existing customers;
    (iii) compliance with gaming legislation, money laundering legislation, marketing and advertising legislation, privacy legislation, e-mail and "spam" legislation, consumer protection legislation, export and control legislation, and any and all directives or guidelines of any applicable regulatory or governmental authority; and
    (iv) preventing use of the Casino by any customer or prospective customer of Sinsational in contravention of any applicable legislation or Policies, or for any unlawful or improper purpose.
    Sinsational will operate the Casino in the manner that it determines is appropriate, at its sole discretion. Sinsational will in its sole discretion determine, without prior notice to Affiliate all aspects of the operation of the Casino including, without limitation, the configuration and graphical interface of the Casino, which Games will be available on the Casino, all arrangements for operation of the Casino, including without limitation, the choice of Periods, customer support to be provided, arrangements respecting processing financial transactions and with financial processors, and other parties; Affiliate acknowledges that there could be interruptions in the operation of the Casino;

  4. Obligations of Affiliate

  5. (a)
    Affiliate represents and warrants that all information it has provided to Sinsational is complete and accurate in all respects; Affiliate will immediately advise Sinsational of any changes in the information provided by Affiliate;
    the following provisions shall apply with respect to advertising and promotion by Affiliate of the Casino, referring prospective customers to the Casino, use of Approved Links and operations of Affiliate:
    Affiliate will refer customers to the Casino only by placing Approved Links on its website in the manner specified by Sinsational and will not advertise or promote the Casino or indicate any business or other relationship to Sinsational or the Casino in any other manner; Affiliate will use only the graphics and text designated by Sinsational as part of the Approved Links in the manner specified by Sinsational and will not modify the Approved Links or the content or appearance thereof in any manner;
    (ii) Affiliate will not in any manner, directly or indirectly request, obtain or collect any Customer Information concerning or communicate with any person who uses an Approved Link on Affiliate’s website to connect to the Casino or concerning a Referred Customer.
    Affiliate acknowledges and agrees that:
    (i) the opening of an account with a prospective customer referred to the Casino by Affiliate must comply with the Policies;
    (ii) Sinsational may terminate the account of any customer at any time and for any reason, at its sole discretion;
    Affiliate will conduct itself in all respects in connection with advertising or promotion of the Casino in strict compliance with:
    (i) all applicable laws; and
    (ii) the Policies and the provisions of this Agreement.
    Affiliate will, at its own expense, implement, operate, maintain, promote and market each website on which it places an Approved Link; Affiliate will conduct its business as an independent contractor and will enter into all arrangements for the purchase of goods and services in connection with its business operations and website in its own name and not in the name of or on behalf of Sinsational;
    Affiliate shall indemnify and save harmless Sinsational, its affiliated entities, and their respective employees, agents, directors, officers, shareholders, contractors, and representatives , from and against, any liability or expenses (including reasonable legal fees, expert witness fees, expenses, and costs of settlement) arising out of or relating to any claim by a third party relating to:
    (i) a breach by Affiliate of any of its representations, warranties, or covenants contained herein, including, without limitation a breach by Affiliate of any applicable law;
    (ii) the operation of any website operated by Affiliate or on which Affiliate places Approved Links or otherwise refers prospective customers to the Casino;
    any actual or alleged infringement by any marketing, promotional or other materials used by Affiliate on Affiliate’s website of any third party intellectual property or other rights, other than with respect to use of Approved Links by Affiliate in the manner specified by Sinsational and in accordance with the Policies.

  6. Payment of Commission

  7. Sinsational will pay to Affiliate a Commission for each Qualified Customer referred by Affiliate to the Casino in accordance with the following provisions:
    "Referred Customer" means a customer of Sinsational who opens an account with the Casino by linking to the Casino’s website through an Approved Link on Affiliate’s website; a customer referred by Affiliate who has previously opened an account with the Casino through Affiliate or any person related to or affiliated with Affiliate shall be considered to be a single Referred Customer for purposes of determining the Commission in respect of such customer;
    “Qualified Customer” means a Referred Customer who has made deposits to the Casino account referred to in section 4(a) exceeding a total of $50; and has (i) made wagers using that account meeting or exceeding a total of $100; or (ii) has incurred aggregate losses on wagers made on that account exceeding a total of $25;
    “Accruing Commission Balance” at a particular time during a Period means the aggregate of the Commission Amounts payable by Sinsational to Affiliate in respect of each Referred Customer that has become a Qualified Customer at that time during that Period; the Accruing Commission Balance will be adjusted according to the total number of Referred Customers that become Qualified Customers during the particular Period;
    “Available Commission Balance” in respect of a particular Period means an account to which the Accruing Commission Balance at the end of the immediately preceding Period is added;
    the amount of the Commission in effect at the date on which the Referred Customer becomes a Qualified Customer will be added to the Accrued Commission Balance for the Period;
    the amount of the Accrued Commission Balance on the last day of a Period shall be added to the Available Commission Balance for the immediately following Period and shall be deducted from the Accrued Commission Balance;
    upon request made by Affiliate to Sinsational, all or any part of the Available Commission Balance will be added to the Affiliate’s customer account with the Casino and the same amount will deducted from the Available Commission Balance; Affiliate may deal therewith by making wagers on the Casino or by withdrawing all or any part thereof from such account, subject to charges that apply generally to customers of the Casino;
    Sinsational may by notice to Affiliate revise the basis upon which Commission is determined.

  8. Term and Termination

  9. (a)
    The term of this Agreement (“Term”) shall continue in effect until terminated as provided herein;
    Sinsational or Affiliate may terminate the Agreement at any time without cause by giving notice to the other; the termination shall be effective and the Term shall end on the later of (i) 28 days following notice being given and (ii) the last day of the Period during which the notice is given;
    Sinsational may, by notice to Affiliate, terminate the Term on the date specified in the notice:
    upon the termination of any license or other rights required by Sinsational in connection with the Casino;
    upon the termination, cancellation or suspension of the Casino License issued to Sinsational by the Gaming Directorate of Antigua and Barbuda, or any license, permit or authority granted or issued to Sinsational by any governmental or regulatory body in any applicable jurisdiction;
    upon default by Affiliate in the performance of any of his obligations hereunder or the breach by Affiliate of any provisions hereof;
    at any time if, in the opinion of Sinsational, Affiliate (or any person related or connected to Affiliate) conducts himself in a manner which jeopardizes or prejudices the operations of the Casino, Sinsational’s business or exposes it to potential civil or criminal liability in any jurisdiction, or the status of any license or governmental or regulatory authority in any jurisdiction.
    Upon termination of this Agreement, for any reason whatsoever:
    Affiliate shall immediately delete from its website and all media in all forms the Approved Links and all other references to Sinsational or the Casino and shall return to Sinsational all materials in which Sinsational has a proprietary right that are in the possession of or under the control of Affiliate, his agents, contractors and employees;
    Sinsational shall settle the Accruing Commission Balance and the Available Commission Balance in the ordinary course, pursuant to this Agreement.

  10. Affiliate’s Relationship with Customers and Employees/Contractors

  11. Affiliate acknowledges and agrees that all customers of the Casino (including Referred Customers and Qualified Customers are customers of Sinsational and that the customer relationship is proprietary to Sinsational. Affiliate will not during the Term and the two (2) year period thereafter:
    directly or indirectly solicit, interfere with or endeavor to direct or entice away from Sinsational any Referred Customers or by any means of communication (including, without limitation, e-mail, telephone, postal mail or otherwise encourage any such customers to open an account with, wager or place bets with any other Internet based facility for the operation of Games,) encouraging any Referred Customers to withdraw account balances from Sinsational or otherwise encourage or entice any Referred Customer to make wagers or place bets with any other Internet based facility for the operation of Games;
    interfere with, entice away, or otherwise attempt to obtain the withdrawal of any employee or independent contractor of Sinsational.

  12. No Partnership between Sinsational and Affiliate
    Notwithstanding anything in this Agreement, no part of this Agreement or the Agreement as a whole shall be construed as creating a partnership or agency relationship between Sinsational and Affiliate. If any part of this Agreement should become construed as forming a partnership or agency relationship, that part shall be amended such that no partnership or agency relationship is created, but, that part achieves what it was originally intended to achieve.

  13. Notices

  14. (a) All notices sent by Sinsational to Affiliate will be in writing, given and effective as follows:
    if delivered to the last known address in Sinsational’s records, at the time of delivery;
    if mailed by prepaid registered certified mail to the last known address in Sinsational’s records, on the fifth business day (in Antigua) following posting;
    if transmitted by facsimile to the last known facsimile number in Sinsational’s records, with a transmission confirmation, on the day immediately following transmission;
    if Sinsational make the notice available to Affiliate on a website or server designated by Sinsational from time to time, provided that such notice is available there for at least 2 consecutive days;
    if delivered by courier to the last known address in Sinsational’s records, when delivered.
    (b) all notices sent by Affiliate to Sinsational will be in writing, given as follows:
    TeleDome Building 2nd Floor
    Old Parham Road
    PO BOX 3647
    St. John’s, Antigua WI
    Facsimile: 268.481.4501
    Notice will be effective:
    (i) if delivered by courier, when delivered;
    (ii) if transmitted by facsimile, with a transmission confirmation, and a further copy delivered by courier within 24 hours following transmission no later than the day immediately following such transmission; and
    (iii) if sent by prepaid certified registered mail, on the 5th business day following posting;

  15. General Provisions

  16. (a)
    The Contractual Documents constitute the complete and exclusive statement of the terms and conditions between Sinsational and Affiliate the parties concerning the subject matter hereof and cannot be altered, amended or modified except in writing executed by an authorized representative of each party;
    All disputes arising in connection with Contractual Documents shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with such rules, and the place of arbitration shall be St. John’s, Antigua and Barbuda, West Indies, or as otherwise agreed by the parties. Provided, however, should any dispute arise under this Agreement, the parties shall endeavor to settle such dispute amicably between themselves. In the event that the parties fail to agree upon an amicable solution, such dispute shall be determined by arbitration as aforesaid;
    The Contractual Documents shall be governed by and construed in accordance with the laws of the Country of Antigua and Barbuda, and the Affiliate hereby attorns to the jurisdiction of the courts of Antigua and Barbuda (subject to the arbitration provisions) notwithstanding any other provision expressed or implied in the Contractual Documents;
    Time is of the essence;
    In the Contractual Documents the use of the singular number includes the plural and vice versa the use of any gender includes all genders, and the word “person” includes an individual, a trust, a partnership, a body corporate and politic, an association and any other incorporated or unincorporated organization or entity;
    Captions or descriptive words at the commencement of the various Sections are inserted only for convenience and are in no way to be construed as a part of the Contractual Documents or as a limitation upon the scope of the particular Section to which they refer;
    No condoning, excusing or waiver by any party hereto of any default, breach of non-observance by any other party hereto, at any time or times with respect to any covenants or conditions herein contained, shall operate as a waiver of that party’s rights hereunder with respect to any continuing or subsequent default, breach or nonobservance, and no waiver shall be inferred from or implied by any failure to exercise any rights by the party having those rights;
    Each of the parties hereto hereby covenants and agrees to execute such further and other documents and instruments and to do such further and other things as may be necessary to implement and carry out the intent of Agreement;
    All rights and remedies of Sinsational are cumulative and are in addition to and shall not be deemed to exclude any other rights or remedies allowed by law except as specifically limited hereby. All rights and remedies may be exercised concurrently;
    If any part of the Contractual Documents is unenforceable because of any rule of law or public policy, such unenforceable provision shall be severed from the Contractual Documents, and this severance shall not affect the remainder of the Contractual Documents;
    All references to money or specific dollar amounts in this Agreement are in United States Dollars

  17. Assignment and Benefit

  18. (a)
    The Contractual Documents are personal to the Affiliate and the Affiliate shall not in any manner assign, transfer, pledge or encumber its interest, rights or obligations under the Contractual Documents without the prior written consent of Sinsational, which may be unreasonably withheld. Any change in the voting control of Affiliate shall be deemed to be an assignment by Affiliate of its interest under the Contractual Documents and Sinsational may by notice to Affiliate terminate the Term.
    Sinsational may by notice to Affiliate assign its rights and delegate its duties under the Contractual Documents to an Affiliate or Associate of Sinsational or to any other party.
    This Agreement shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.

  19. Prior Agreements
    This Agreement, including its Schedules, contains all of the terms agreed upon by the parties with respect to the subject matter herein and supersedes all prior agreements, arrangements and understandings with respect thereto, whether oral or written.

  20. Interpretation
    In the interpretation of this Agreement or any provision hereof, no inference shall be drawn in favor of or against any party by virtue of the fact that one party or its agents may have drafted this Agreement or such provision.