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Affiliate Terms and Conditions

IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT IMPLEMENT ANY AFFILIATE PROGRAM LINKING TO JAZZSPORTS.COM

To qualify for affiliate program earnings you must first register as an affiliate by completing the online affiliate registration form. Any sign ups that occur before completed registration will not be credited.

Please do not enroll if your site is unsuitable as we will immediately terminate the Agreement and cancel all affiliate earnings. Suitability is at the determination of JazzSports.com.

General

1. IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT PROMOTE Jazzsports.com ANY UNAUTHORIZED OR VOLUNTARY PROMOTION WITHOUT ACCEPTING THE TERMS AND CONDITIONS OF THESE AGREEMENTS IS AT YOUR SOLE RISK AND YOU WILL BE EXPOSED TO ANY FURTHER LEGAL ACTION AS WE DEEM APPROPRIATE.

1.1 This Agreement was last updated on July 25th, 2008.

1.2 By marketing to and referring new Players to Jazzsports.com through a Tracking Link, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. In such a case we will automatically become counter-party to this Agreement.

Definitions

2.1 "Account" is the uniquely assigned account that is created for Player when he/she opens a an account at JazzSports.com Affiliates.

2.2 "Active Affiliate" is and Affiliate that refers an aggregate of (10) or more Customers to Jazzsports.com in a 90 day period. . Contact JazzSports.com Affiliates for details or variances.

2.3 "Affiliate ID" means the numerical code you are assigned when you sign up as an Affiliate.

2.4 "Affiliate Compensation" is the amount due and payable to you, based solely on our system’s data, in accordance with the commission payment plans that as agreed upon when signing-up. Affiliate compensation is paid only to Active Affiliates.

2.5 "Affiliate Section" means the area of the Website that is accessible to you by way of Affiliate ID and password and is the area where you may check stats, update account details, select marketing materials and other functions.

2.6 "Banners and Text Links" means the graphical artwork or text that you use to hyperlink Customers from your site to the Website.

2.7 "Customer" is defined as a person or entity that follows a link from your website to a Jazzsports.com and opens an account.

2.8 "Fraud Traffic" means deposits, net revenue or traffic generated at Jazzsports.com through illegal means or in bad faith to defraud us, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to spam, false advertising, deposits generated on stolen credit cards, collusion, manipulation of the service, system, bonuses or promotions, and any other unauthorized use of any third party accounts, copyrights or trademarks.

2.9 "Link" is defined as the specially formatted link to a Jazzsports.com that will include your Webmaster ID. To get proper credit, this link must be used for all linking to Jazzsports.com

2.10 "Net Loss" is defined as the net customer losses, less net customer winnings, less sign up bonuses and/or deposit bonuses and/or promotion bonuses that may have been offered, less any corrections made to the customer account, less any charge-backs or other problem deposits where the deposit funds are no longer available to Jazzsports.com, less any fraudulent activity on the part of a customer. Only wagering activity by real customers for real money will be eligible for payment.

2.11 "Spam" is the sending of an electronic message, email or posting to multiple recipients who have not specifically requested the message and furthermore the message does not comply with the federal "CAN-SPAM Act of 2003"; regardless of its content.

2.12 "Sub-Affiliate" refers to the webmaster of a functional website which you referred to the Affiliate Program, and for which you will receive compensation based on the Affiliate Fees due to them.

2.13 "Website" is defined as what is generally known as a World Wide Web presence. When used to refer to Jazzsports.com, it will represent the complete web presence maintained by JazzSports.com. When used to refer to the affiliate, it will represent not only any web presence(s) maintained by that affiliate, but also any e-mail newsletter(s) or other mailing(s) maintained or issued by that affiliate.

Our Rights and Obligations

3.1 Register your Customers

We will register your customers and will track their wagering activity. We reserve the right to refuse customers or to close their accounts if necessary to comply with any requirements we may periodically establish. By opening an account with Jazzsports.com, that customer will need to abide by all Jazzsports.com rules, policies, and operating procedures. We use your Affiliate ID to attempt to give you credit for new customer sign ups. To properly credit your account, this Affiliate ID must be included as part of the referring link provided by JazzSports.com Affiliates.

3.2 Track Customers' Play

Through the Jazzsports.com, we will provide you with remote online access to reports of customer activity and the referral fees generated. You can gain access using your JazzSports.com Affiliates ID along with your account password.

3.3 Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our website. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Your Rights and Obligations

4.1 Linking to Jazzsports.com

By agreeing to participate in the Jazzsports.com affiliate program, you are agreeing to download banners, text or other promotional materials and place them on your website. Any such placements will always be included within a link to the Jazzsports.com with your Affiliate ID. These are the only methods by which you may advertise on our behalf. We will terminate this agreement immediately if there is any form of spamming or if you advertise our services in any other way or discredit Jazzsports.com through false advertising or any other way. You shall not make any claims, representations, or warranties in connection with your sites, banners or material used to entice Customers to join Jazzsports.com and shall have no authority to, and shall not, bind us to any obligations.

Any e-mail newsletters that include Jazzsports.com links must be of an opt-in type where the recipients of the newsletter have explicitly agreed to receive that particular newsletter either on a one time basis or through a subscription.

4.2 Agency Appointment

By this Agreement, we grant you the non-exclusive right to direct customers to our websites and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you.

4.3 Approved Layouts

Without our prior written approval, you will only use our approved banners and will not alter their appearance nor refer to us in any other promotional materials. Text coded links may include any text available on any currently available Jazzsports.com banner provided the text is not used in a way that would change the intended meaning of that text. You may only use banners supplied by JazzSports.com Affiliates. HOWEVER, DO NOT CREATE A DIRECT LINK TO THE BANNERS ON OUR WEBSITE. INSTEAD, YOU ARE TO COPY THE IMAGE TO YOUR OWN WEB SERVER FOR USE IN YOUR LINKING. FAILURE TO COMPLY WITH THIS WILL INCUR SUBSTANTIAL CHARGES AGAINST YOUR AFFLIATE EARNINGS.

4.4 Duplication of Content

You are forbidden from creating a site that copies, resembles the look and feel of, duplicates the content, or otherwise creates the impression that the affiliate site is the Jazzsports.com web site.

4.5 Re-Direction of Links

You are forbidden from causing any Link in an advertisement that JazzSports.com Affiliates provides to link to any page other than the URL provided with the Tracking Link(s).

4.6 Good Faith

You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes Jazzsports.com damage. Should fraudulent activity arise through a person directed to a site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic.

4.7 Responsibility for Your Website

You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your website. For example, you will be solely responsible for ensuring that materials posted on your website are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your website.

4.8 License to use Marks

We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use JazzSports.com Affiliates intellectual-property marks solely in connection with the display of the banners on your website. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

4.9 Confidential Information

During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Jazzsports.com You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement.

REPORTS, COMPENSATION PLANS & PAYMENT

5.1 Reports

We will track and report Player activity for purposes of calculating your Affiliate Compensation through our Affiliates Stats Page. This activity can be viewed at: http://affiliates.jazzsports.com. The form, content and frequency of the reports may vary from time to time in our sole discretion.

5.2 Fee Payment

We will pay you referral fees by credit into your Jazzsports.com PlayerAaccount. You can then withdraw these earnings through any of the normal money withdrawal methods currently available from Jazzsports.com including the payment of any associated withdrawal fees. If the account is in a negative position, the negative position will be carried forward into the following month(s). Payouts are subject to the same payout rules as Customer. Contact JazzSports.com Affiliates for exceptions.

5.3 Affiliate Compensation Plan

As an affiliate, you are paid based on the Net Loss Commission Plan. By default, you will be on the standard Net Loss Commission Plan where you earn a percentage of the commission from the Net Loss generated from players referred through your Tracking Links(s) is 25% of Net Loss of 0 to $24,990, 30% for Net Loss over $25,000 for the calendar month.

5.4 Sub-Affiliates

In addition to marketing to and referring potential Players to the Website, you may refer webmasters with functional websites to this Affiliate Program to also market to and refer potential Players to the Website. In such event, we will pay you a percentage of the amount paid to Sub-Affiliates for any Players they refer. To receive credit for Sub-Affiliates, they must register through your affiliate ID. YOU WILL ONLY RECEIVE CREDIT FOR SUB-AFFILIATES THAT SPECIFICALLY REGISTER UNDER YOU. Any person registered as an Affiliate cannot subsequently be reclassified as a Sub-Affiliate. Under no circumstances are you allowed to (i) register yourself as your own Sub-Affiliate; (ii) use fictitious or alias names for the registration of Sub-Affiliates; or (iii) offer any type of enticement of monetary value or otherwise to potential Sub-Affiliates unless such enticements are approved by us.

5.5 Sub-Affiliate Fees

You will be compensated at the rate of three percent (3%) of the Commissions generated by the Sub- Affiliate for Customers that they refer.

5.6 Player Tracking

You understand and agree that potential Players must link through a Tracking URL when they sign up in order for you to get credit, and/or use your specific referral bonus code. In no event, are we liable for your failure to use the right Tracking Links or referral bonus codes, or for potential Players’ failure to properly follow the Tracking Link(s).

5.7 Holdover for Fraud Traffic

In the event Fraud Traffic on your Tracking link(s) is abnormally high, or there is suspicious activity, then we may delay payment to you for up to one hundred and eighty (180) days to verify the transactions and to otherwise ensure that such Fraud Traffic is identified, reversed and properly allocated to your Affiliate Compensation.

5.8 Disputes

Deposit of payment, acceptance of payment transfer or acceptance of other payment will be deemed full and final settlement of Affiliate Compensation due for the month indicated. Hence, if you disagree with the reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be received within thirty (30) days of the end of each month for which payment is made, or your right to dispute such report or payment will be deemed waived.

5.9 Time of Payment

Affiliate Fees. You will be paid, on a monthly calendar basis, according to the Commission Plan. Payment will be made to you within twenty (20) days of the close of each calendar month.

5.10 Anti-Spam Policy

Anti-Spam Policy. In accordance with the CAN-SPAM Act of 2003 legislation:

JazzSports.com Affiliates strictly prohibits members from sending unsolicited mass emails or spam, whether via email, Usenet or any other form. Any member using spamming techniques for soliciting referrals will be in automatic breach of this agreement and will be immediately terminated and legally pursued for any resulting damages.

You may not send out an electronic message on behalf of Jazzsports.com or any of its partners or without prior written consent. You may not make any claims of endorsements by Jazzsports.com or any of its partners or merchants without their prior consent.

In addition if you choose to send bulk or unsolicited emails you are obligated to provide your potential electronic message recipients with the following:

(i) A Clear and conspicuous notice that the email is an advertisement or solicitation.

(ii) A Clear and conspicuous notice of the option to "unsubscribe" to further commercial email.

(ii) Unsubscribe request must be handled within 10 days of receipt.

(iv) A valid email and physical postal address of the sender.

(v) Header information that is not materially false or misleading.

Affiliates are forbidden to promote Jazzsports.com in newsgroups, forums and blogs in a manner that violates the newsgroup, forum or blogs anti-spam regulations.

Term and Termination

6.1 Term and Termination

The term of this Agreement will begin when you complete the affiliate program registration and create a link to our website and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

6.2 Upon Termination

Upon termination you must remove all Jazzsports.com banners and links from your website. All rights and licenses given to you in this Agreement shall immediately terminate. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination. If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination. You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of Jazzsports.com You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement which occurred prior to termination.

6.3 Relationship of Parties

You and JazzSports.com Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict anything in this paragraph.

6.4 Indemnity

You shall defend, indemnify, and hold Jazzsports.com and JazzSports.com Affiliates, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and/or links or this referral program.

6.5 Disclaimers

We make no express or implied warranties or representations with respect to the referral program, or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our website will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.

6.6 Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the referral program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, officers or shareholders. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

6.7 Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous

7.1 Governing Law

This Agreement will be governed by the laws of Antigua, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Antigua and you irrevocably consent to the jurisdiction of its courts.

7.2 Assignability and Enurement

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.

7.3 Non-Waiver

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

7.4 Remedies

Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.

7.5 Severability / Waiver

Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by registering as an affiliate and/or downloading our banners and/or creating coded links from your website to ours.