TERMS OF OUR AFFILIATE PROGRAM
Updated 12 January 2008
LotWin Software Ltd offers an
opportunity for owners/operators of Internet Web sites to direct sales to its Site(s) and
earn a commission each time a new member other than the affiliate pays to purchase its software
LotWin Lottery Line Builder. The terms and conditions of this Agreement are as follows:
1. How LotWin Affiliates Program
Operates:
1.1 The method by which visitors shall
be directed to www.lotwin.com is known as an internet "hypertext transfer"
link. LotWin Software Ltd shall designate and design the appearance and syntax of
the hypertext transfer links (also called "banners") which will appear at your
site.
1.2 Upon sign-up you will receive a
confirmation of your participation. This communication will provide you with the URL to
which you will link from the banner(s) appearing at your site. You must use the URL
provided to you in order to receive credit in your account. Any falsification of sales
statistics shall be cause for denial of payment and immediate termination and may result
in legal action at LotWin Software Ltd's option.
1.3 Upon sign-up you will be asked to
enter a User Name and Password. Please remember it, as you will need it in order to access
your Account Statistics. You may access your Account Statistics by choosing the
appropriate button on the LotWin webmaster login menu.
1.4 Your commission shall be earned on
each confirmed sale/subscription of the software.
2. Rights Granted:
2.1 LotWin Software Ltd
grants to the person or entity, who is the owner/operator of an Internet site (hereinafter
"site Operator") the non-exclusive right to direct (refer) users or visitors to
their Web site to LotWin Software Ltd's Web Site(s).
2.2 LotWin Software Ltd
grants to site Operator a limited, non-exclusive, non-transferable license, during the
term of this Agreement, to use graphics, including banners, owned by LotWin Software Ltd
for the sole purpose of marketing, advertising and promoting LotWin Software Ltd's Site(s).
The site Operator may not alter or modify the link or banner, or
any other marks, in any way, without the prior written permission of LotWin Software Ltd.
The license herein granted shall automatically and immediately cease upon
the termination of this Agreement.
2.3 The rights granted herein shall be
for reasonable, appropriate and lawful use, only. LotWin Software Ltd will
designate "appropriate banners. Upon entering into this Agreement you represent and
warrant that no "unauthorized" banners will be placed on areas of your site.
3. Site Operator Commission: For each
confirmed sale (as defined in paragraph 1.4) from your site, a commission contingent on the program
you participate in shall be paid. Commissions shall be paid on a monthly basis. All
payments will be made through PayPal, 16 days after the reporting period.
and once they have reached a minimum amount of GBP 50.00
4. Representations and Warranties:
4.1 You, as site Operator, warrant and
represent that you own or operate a lawful, and otherwise valid Internet Web site. More
than one account from the same person or persons acting as a group are not allowed. You
further represent that you have the requisite power and authority to enter into this
Agreement and perform the obligations set forth herein and that you are an adult at least
eighteen (18) years of age; that performance under this Agreement does not and will not
constitute a breach of any existing contract or obligation undertaken by you; and that
there are no outstanding orders, judgments, decrees, rules or regulations which would
preclude you from entering into this Agreement. You shall indemnify LotWin Software Ltd
and its shareholders, officers, directors, employees and assigns against any
loss, damage, liability (including reasonable legal fees) which result from the use of any
LotWin Software Ltd's materials not expressly authorized by this Agreement.
5. Disclaimer and Limitation of
Liability:
5.1 LotWin Software Ltd makes
no warranties, either express or implied, with regard to the performance of the link or
the content of LotWin Software Ltd's Site(s) and LotWin Software Ltd
expressly disclaims any warranties, including that of merchantability or fitness for a
particular purpose. LotWin Software Ltd shall not be held liable to the site
Operator or any other person or entity, including users of LotWin Software Ltd's
services, for any losses, injuries or damages of any kind, arising from or in connection
with any mistakes, omissions, delays, errors, interruptions in the transmission or receipt
of LotWin Software Ltd's services or content.
6. Term and Termination of Agreement:
6.1 The term of this Agreement shall
be indefinite. LotWin Software Ltd reserves the right to terminate this Agreement
at any time, without cause. Delivery of notice via e-mail shall be considered sufficient
notice to you.
6.2 Upon termination of this Agreement
you shall immediately cease using LotWin Software Ltd's marks and remove LotWin Software Ltd's
banner(s) and/or text link(s) from your site.
6.3 Any warranties, indemnities and
obligations, which by their nature are designed to survive termination, shall extend
beyond the termination of this Agreement.
6.4 Upon termination of this Agreement
you shall be entitled to all unpaid commissions earned prior to the date and hour of
termination. However, you shall not be entitled to receive commissions for referrals
delivered after the date of termination.
6.5 LotWin Software Ltd
reserves the right to terminate LotWin Affiliates from the LotWin
Affiliates Program without advance notification for any reason. In such case you will be
notified by e-mail immediately and paid for all commissions accumulated up to that point
in time, except in cases where it is determined you have violated this agreement in any
material way. By way of example, but not limitation, material breaches would include the
use of blind links, hits coming from any type of meta tag refreshers, hits generated by
javascript or applets etc...
7. Acceptance and Execution of
Agreement:
7.1 By filling out and submitting the
sign-up form, you are agreeing to be bound by the terms of this Agreement and LotWin Software Ltd
is agreeing to become a counter-party to the Agreement. The date of execution
shall be the date on which the form is forwarded to LotWin Software Ltd.