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Referback adds and removes terms – termination and quota update
Terms spidered on November 26th, 2013 12:16 PM
SUMMARY: These terms were added / updated a short while ago and stuck in the AGD spider’s funnel. Dates when spidered are provided below.
Termination
October 10, 2013Termination
This Agreement can be terminated by ReferBack at any time should the Affiliate fail to comply with its obligations in accordance with this Agreement.
Notice of termination shall be given in writing by either Party to the other. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification and the Agreement shall accordingly terminate with immediate effect.
All rights and licenses granted to the Affiliate in this Agreement shall immediately terminate. The Affiliate must immediately remove any reference to Referback and its Merchants or Merchants Websites, Brands or Products from its site and disable any links from its site to same. In particular, the Affiliate shall immediately remove access to any Derivative Website established by it.
Upon termination for reasons other than breach of this Agreement by the Affiliate, the Affiliate shall continue to be entitled for a period ofone year3 months to receive Commission on the terms and conditions as specified herein.
ReferBack may withhold the Affiliates final six monthly payments for up to three months each to ensure that the correct amount has been calculated and paid.
If ReferBack continues to permit activity (generation of revenue) from Customers directed by the Affiliate after termination, this shall not be construed to constitute a continuation or renewal of this Agreement or a waiver of termination.
The Affiliate will return to ReferBack any and all Confidential Information and/ or Customer Information, including all copies in the Affiliates possession, custody and control and will cease all uses of any of the Intellectual Property. The Affiliate will take immediate steps to transfer ownership to the Merchant, of each Derivative Domain Name established by the Affiliate, at the Merchants cost, not exceeding that incurred by the Affiliate on registering the Derivative Domain Name.
The Affiliate, ReferBack and ReferBacks Merchants and their electronic cash provider, suppliers, contractors, agents, their directors, officers, employees, and representatives shall 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 that by their nature are designed to survive termination, as set out in this Agreement. Termination will not exculpate the Affiliate from any liability arising from any breach of this Agreement that occurred prior to termination.
REFERBACK MAY TERMINATE THIS AGREEMENT IF IT IS DETERMINED AT REFERBACKS SOLE DISCRETION THAT THE AFFILIATES SITE IS UNSUITABLE. Unsuitable sites are, inter alia, but not limited to, those sites that are aimed at children, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights, or actively seek to target residents of France, or are otherwise considered by ReferBack to bring ReferBack or its Merchants into disrepute or prejudice the interests of ReferBack or its Merchants in any way.Sale of Business; Death of Affiliate
Minimum Player Quota
November 21, 2013Referback will only make payments to active generating affiliates; an active affiliate account is defined as an account which has generated a minimum of 1 new depositing player within a period of three consecutive months. If an account does not meet these requirements, at the sole discretion of
ReferBackReferback management, future commission payments may be withheld. This clause is applicable to all affiliate accounts opened as of 1 November 2012.
SUMMARY: Of course the minimum player quote is still predatory, but did remove the ROGUE status at AGD.
