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AffCoins remove derivative domains from terms

Terms spidered on April 4th, 2012 08:58 AM

SUMMARY: This may or may not be a mistake, but certainly apperas to be valid: AffCoins have removed the Derivative Domains section from the terms and conditions.

Terms – Derivative Domain Names
5.2 Derivative Domain Names:
5.2.1 The Affiliate may register and use one or more Derivative Domain Names.

5.2.2 The Affiliate will furnish AFFcoins with a written, accurate and complete list of Derivative Domain Names that the Affiliate has or intends to register, acquire or use. Any new additions or amendments to the Affiliate’s list of Derivative Domain Names will be communicated to AFFcoins as soon as is reasonably possible.

5.2.3 The Affiliate recognizes and accepts that Derivative Domain Names will at all times remain the beneficial ‘property’ of AFFcoins and in this regard agrees to hold the Derivative Domain Name in Trust on behalf of AFFcoins for the Term. On expiry of the Term the Affiliate will transfer, or cause to be transferred, all Derivative Domain Names to AFFcoins, or an entity duly nominated by AFFcoins in writing, without delay.

5.2.4 In order to comply with the provisions of clause 5.2.3, the Affiliate hereby undertakes to sign and/or complete any and all documents or procedures, and do all things necessary to facilitate the speedy and proper transfer of all Derivative Domain Names to AFFcoins, or an entity duly nominated by AFFcoins in writing.

5.2.5 All rights or advantages, and without limitation goodwill, that may arise due to the use of the Derivative Domain Name will accrue for the sole benefit of AFFcoins.

5.2.6 Should the Affiliate no longer require a particular Derivative Domain Name, the Affiliate will, in a timely manner prior to the URL expiring, inform AFFcoins of its intention not to pay the renewal fee, and will if requested to do so by AFFcoins, provide all necessary assistance to transfer the Derivative Domain Name to AFFcoins, or an entity duly nominated by AFFcoins in writing, without delay.

5.2.7 Without exception, a Derivative Domain Name may only be used for the following purposes:
5.2.7.1 To resolve to the respective AFFcoins’s Website; or

5.2.7.2 To resolve to a Derivative Website; on condition that:
a) if the Affiliate is marketing and promoting only one of AFFcoins’s Websites, the Affiliate may only market and promote the particular AFFcoins’s Website corresponding with the Derivative Domain Name;

b) if the Affiliate is marketing and promoting more than one of AFFcoins’s Websites the Affiliate shall give prominence to AFFcoins’s Website corresponding with the Derivative Domain Name;

c) the Derivative Website does not market and/or promote competitor brands or products.

5.2.8 AFFcoins reserves the right, in their sole discretion, to terminate this Agreement with immediate effect and claim transfer of the Derivative Domain Name to AFFcoins if the Affiliate, its agent or nominee does not strictly adhere to the provisions of clause 5.2.7.

5.2.9 A decision as to whether or not a Derivative Domain Name is a Prohibited Domain Name is left to the sole discretion of AFFcoins. AFFcoins’s decision in this regard will be final and binding on the Affiliate.

5.3 Derivative Websites and Marketing Material 5.3.1 If the Affiliate elects to establish and promote a Derivative Website, the Affiliate will ensure that the Derivative Website complies in all aspects with the guidelines published in the IP Documentation as may be updated from time-to-time. Without limiting the general nature of this responsibility, the Affiliate will ensure that the Intellectual Property will accurately reflect any and all amendments, enhancements and additions as outlined in the IP documentation or as officially applied to the respective AFFcoins’s Website.

5.3.2 Regarding the establishment, operation and maintenance of the Derivative Website, the Affiliate will be solely responsible for:
5.3.2.1 The development, operation, and maintenance of the website the content of its website; and Ensuring, among other things, that any and all content posted on the website, including, but not limited to, images, graphics, data and text, are not libelous or otherwise illegal.

5.3.3 A decision as to whether or not the Affiliate is complying with its responsibilities in terms of this clause is left to the sole discretion of AFFcoins. AFFcoins’s decision in this regard will be final and binding on the Affiliate, and if necessary the Affiliate will take all necessary action prescribed by AFFcoins or its designated agent to remedy the situation, failing which AFFcoins shall be entitled to terminate the Agreement with immediate effect.

5.3.4 The Affiliate undertakes to use its best endeavors to ensure that the reputation, goodwill and proprietary rights that vest in the Intellectual Property are protected, maintained and wherever possible, enhanced for the ultimate benefit of AFFcoins.
SUMMARY: This is a positive change for affiliates who use domains with casinos and/or affiliate program names in their marketing practice

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