Betting Affiliate Program/Las Vegas Casino Tour Operators

Referral Affiliate Program Terms & Conditions

U.S. Gambling Refund ™ Referral Affiliate Program Agreement - Terms & Conditions

Important - Read carefully:

This referral affiliate program agreement (collectively, the "Agreement"), is a legal agreement between you and U.S. Gambling Refund ™ for participation in U.S. Gambling Refund's ™ Referral Affiliate Program ("Program"). By registering for and participating in the Program, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not apply for or participate in the Program. If you do not agree to and accept the terms and conditions of this Agreement in its entirety and you are already in the U.S. Gambling Refund ™ Program, immediately terminate your participation in the Program. As used in this Agreement, "we" means U.S. Gambling Refund ™ and "you" or "Affiliate" means the participating affiliate.

1. PARTICIPATION IN THE PROGRAM

1.1 Once your application form is submitted online, we will evaluate your application and notify you by e-mail if you and/or your website ("Site") are accepted for participation into the Program. We may reject your application if we determine (in our sole discretion) that you will not be able to meet the Program's minimum requirement of successful referrals per year and/or if we determine that your Site is unsuitable for the Program. Unsuitable websites include, but are not limited to, those that:

Contain or promote (including, without limitation, links to) sexually explicit materials;
Contain excessive profanity;
Promote violence;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Promote illegal activities;
Manipulate key word searches on portals;
Misrepresent themselves as U.S. Gambling Refund's ™ website by co-opting the visual "look and feel" of or text from U.S. Gambling Refund's ™ website;
Include "U.S. Gambling Refund ™" or variations or misspellings thereof in their domain names;
Otherwise violate our intellectual property rights, including, without limitation, "scraping" text or images from U.S. Gambling Refund's ™ website or the intellectual property rights of any third party;
Contain broken links and are not launched, functioning, and easily navigable; and
Otherwise are considered by U.S. Gambling Refund ™ (in our sole discretion) to be offensive or inappropriate.

Once you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement. You should also note that if you are accepted to participate in the Program and thereafter you are unable to meet our outlined minimum requirement of successful referrals per year and/or your Site is determined (in our sole discretion) to be unsuitable based on the criteria above for the Program, we may terminate this Agreement.

1.2 No direct or indirect competitor of U.S. Gambling Refund ™ is eligible to join the Program. If you are already part of an affiliate program with our direct or indirect competitor(s), you can not apply for this Program. If we discover your competitor status and/or your participation in another affiliate program of our competitor's while as an Affiliate, we will terminate your Affiliate status immediately.

2. DEFINITIONS

2.1 "U.S. Gambling Refund's ™ website" means the U.S. Gambling Refund ™ website located at the URL http://www.usgamblingrefund.com.

2.2 "Site" means a World Wide Website and, depending on the context, includes the website that you will link to the U.S. Gambling Refund's ™ website if you have identified one in your application form.

2.3 "IRS" refers to the Internal Revenue Service of the United States.

3. YOUR RESPONSIBILITIES

3.1 If you participate as an Affiliate using your Site, you shall only link your Site to the main pages within U.S. Gambling Refund's ™ website. You may post as many links to our website as you like.

3.2 U.S. Gambling Refund ™ will not, and is not obligated to, make any representations, or other statements concerning you, your Site, any of your products or services, or your Site policies.

3.3 You will be solely responsible for the development, operation and maintenance of your Site and for all materials that appear on your Site if you participate as an Affiliate in the Program using your Site. We disclaim all liability for such materials. You shall indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance and contents of your Site. You are also responsible for notifying us of any malfunctioning of links to U.S. Gambling Refund's ™ website from your Site or other problems with your participation in the Program in accordance with the terms of this Agreement. U.S. Gambling Refund ™ will respond in normal course to all concerns upon notification.

3.4 U.S. Gambling Refund ™ reserves the right to request and obtain the web tracking information for the referred clients, if you participate as an Affiliate using your Site. You, the Affiliate, may be required to divulge your Site's statistics at U.S. Gambling Refund's ™ request.

3.5 In the course of any performance under this Agreement or otherwise with respect to any dealings between you and U.S. Gambling Refund ™ and between you and potential referred clients, that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the Program.

3.6 If we provide you with promotional materials, such as business cards, postcards, pamphlets, etc. during your participation in the Program, you may not use the promotional materials for any reason other than to generate client referrals for the Program.

3.7 Your assigned affiliate ID is used to identify which clients you have referred to us and is for your use only. You cannot trade, transfer, lend, rent, or sell your affiliate ID to another individual or entity. Your affiliate ID is only to be provided to potential client referrals so that you can get credit for the referrals you have sent to us.

3.8 During your participation in the Program, you can not be part of an affiliate program with another direct competitor(s) or become a direct competitor of ours. Participation in an affiliate program with our direct competitor(s) or becoming a direct competitor would lead to termination of your participation in the Program immediately.

3.9 You agree to notify us if any information to your account changes, such as a change in your name, address, email address, or telephone number.

3.10 No Affiliate of U.S. Gambling Refund ™ may reveal to third parties, in whole or in part, any part(s) of the Program which may negatively affect U.S. Gambling Refund ™. Upon discovery, U.S. Gambling Refund ™ reserves the right to terminate the Agreement with the Affiliate immediately, and sue for damages caused by the Affiliate's actions.

4. REFERRAL FEES

4.1 We agree to pay you the predetermined referral fee if all of the following conditions are met: (a) the referred client is eligible for a tax refund on gambling taxes withheld by the U.S. government and the referred client's tax return is accepted by the IRS; (b) the referred client includes your assigned affiliate ID in their tax refund application; (c) the referred client pays in full for the services we have provided; (d) the referred client does not subsequently ask for a refund on our services; and (e) you have not otherwise received a referral fee or other payment from U.S. Gambling Refund ™ (such as payment for the "Refer-A-Friend Program") based on that client referral.

4.2 U.S. Gambling Refund ™ shall have the sole right and responsibility for processing all business transactions with referred clients. You acknowledge that all agreements relating to provided services to referred clients shall be between U.S. Gambling Refund ™ and the referred client. Referred clients who request our services through this Program will be deemed to be clients of U.S. Gambling Refund ™. Accordingly, all U.S. Gambling Refund ™ rules, policies, and operating procedures concerning client transactions, customer service, client data, and provided services will apply to those referred clients. We may change our policies and operating procedures at any time. For example, we may decide at any time to change our pricing policies, as such you may not include any information in your Site about the fees we charge for our services, if you participate as an Affiliate using your Site.

5. REFERRAL FEE PAYMENT

5.1 The percentage of referral fees paid to you is calculated on the amount the referred client pays us for our services (after the deduction of any credit card processing fees, bank fees, and GST) and will be paid to you in Canadian Dollars. U.S. Gambling Refund ™ reserves the right to not reimburse the Affiliate for lowered referral fee payments due to losses in currency valuation.

5.2 Unless otherwise stated in writing to you, we will pay you referral fees approximately sixty (60) days after we receive payment from the referred client for our provided services. High volume affiliates may receive a check monthly from us approximately sixty (60) days after the referred client has paid for the services rendered. Approximately sixty (60) days following the end of each month, we will send you a check for the referral fees earned on successful referred client revenues for that month, less any requested refunds for our services. However, if the referral fees payable to you for any month are less than $25.00, we will hold those referral fees until the total amount due is at least $25.00 or (if earlier) until this Agreement is terminated. If a referred client requests for a refund on our provided services that generated a referral fee, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we will send you an invoice for the referral fee payable within thirty (30) days of your receipt of the invoice.

6. OWNERSHIP AND LICENSES

6.1 Each party owns and shall retain all right, title and interest in its names, logos, trade marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trade marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.

6.2 Under the Program, we grant you a limited, revocable, non-exclusive, license to display the graphic image and text, which may include our name, logos, trade marks, (collectively, the "U.S. Gambling Refund ™ Marks"), solely for the purpose of promoting our services to potential clients and creating links from your Site to the U.S. Gambling Refund ™ website pursuant to this Agreement. Except as expressly set forth in this Agreement or permitted by applicable law, you may not copy (in whole or in part), distribute, modify, reverse engineer, or create works based on or derived from the same. You may not sublicense, assign or transfer any such licenses for the display of the same, and any attempt at such sublicense, assignment or transfer is void. Any prominent display of the U.S. Gambling Refund ™ Marks at your place of business, on promotional materials, on your Site, and the like, must be approved by U.S. Gambling Refund ™ prior to publishing. We may revoke your license at any time by giving you written notice.

6.3 The Parties understand and agree that U.S. Gambling Refund ™ owns the U.S. Gambling Refund ™ Marks and may be a necessary party in any undertaking to enforce this Agreement.

6.4 As a condition to your acceptance and participation in the Program, if you participate as an Affiliate with your Site, you agree to not undertake or engage in the following practices, and any violation of this Section shall be deemed a material breach of this Agreement:

7. TERMINATION

7.1 The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement. Either party may terminate this Agreement at any time, for any reason, upon five (5) days prior written notice of such termination to the other party. In addition, U.S. Gambling Refund ™ shall be entitled to terminate this Agreement immediately if the Affiliate materially breaches or violates any terms or conditions of this Agreement, or if U.S. Gambling Refund ™ determines, in its sole discretion, that there are technical or operational issues that adversely affect the implementation of the Program, or the referrals were obtained fraudulently or through misrepresentation, in which case U.S. Gambling Refund ™ reserves the right to withhold payment of associated referral fees pending an investigation of the suspected fraud or misrepresentation (and the outcome of such investigation). However, all rights to payment, causes of action and any provisions that by their terms are intended to survive termination, shall survive termination of this Agreement.

7.2 Upon termination of this Agreement for any reason, you will immediately cease use and display of, and remove at your place of business, on promotional materials, on your Site, and the like, all links to the U.S. Gambling Refund ™ website, your assigned affiliate ID number, and all U.S. Gambling Refund ™ trade marks and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

7.3 You are only eligible to earn referral fees on successful client referrals occurring during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related referred client does not request for a refund. In addition, we may invoice you for referral fees that were paid to you prior to termination if those referral fees relate to refunds for our services subsequently requested by the referred client. No referral fees shall be due with respect to referred clients who apply for a tax refund after your date of termination. We reserve the right to withhold your final payment for up to one hundred and twenty (120) days after your date of termination to ensure that the correct amount is paid to you.

8. REPRESENTATION

8.1 You represent and warrant that: (a) you are not an indirect or direct competitor and that you are not part of an affiliate program of a direct or indirect competitor(s); (b) you have means to generate the minimum number of successful client referrals per year; (c) you have the authority to enter into this Agreement and sufficient rights to grant any licenses expressed herein; and (d) if your participate as an Affiliate through your Site, any material displayed on your Site will not: (i) infringe on or misappropriate any third party's copyright, patent, trade mark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; (vii) promote discrimination based on race, age, sex, religion, nationality, sexual orientation or disability; (viii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines; or (ix) otherwise constitutes an "unsuitable Site" as determined by U.S. Gambling Refund ™ in accordance with the terms and conditions outlined in the Section 1 above titled "Participation in the Program".

8.2 Neither party makes any representations, warranties or conditions to the other party, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. U.S. Gambling Refund™ makes no express or implied representations, warranties or conditions with respect to the Program or any services provided through the Program or that our website will be uninterrupted or error-free and we will not be responsible for consequences of any interruptions or errors. Some jurisdictions do not permit the exclusion of certain implied warranties or conditions or permit limitations on how long an implied warranty or condition lasts. Therefore, the foregoing disclaimers may not apply to you.

9. INDEMNIFICATION

Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.

10. LIMITATION OF LIABILITY

In no event will U.S. Gambling Refund ™ be liable to you for any direct, indirect, special, exemplary, consequential or incidental damages arising from or related to this Agreement or the Program, even if informed of the possibility of such damages. Further, U.S. Gambling Refund's ™ aggregate liability arising from this Agreement and the Program shall not exceed the total referral fees paid due and payable to you under this Agreement. The foregoing limitation applies regardless of the causes or circumstances giving rise to such liability or damages even if such liability or damage is based on negligence or other torts or breach of contract including without limitation fundamental breach or breach of a fundamental term.

11. GENERAL

11.1 No Agency. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect, and nothing in this Agreement shall create any partnership, joint ventures, agency, franchise, sales representative or employment relationship between the parties. Neither party shall make any statement, whether on their sites nor otherwise, that reasonably would contradict anything in this paragraph.

11.2 Responsibility for Binding Agreement. 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 client referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your Site (if you participate as an Affiliate through your Site). You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

11.3 Jurisdiction; Venue. This agreement has been made in and shall be construed and enforced in accordance with the laws of the province of British Columbia and the laws of Canada applicable therein without reference to rules governing choice of laws. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province of British Columbia.

11.4 Notice. Any notices required or permitted by this Agreement must be delivered to U.S. Gambling Refund ™ via registered mail to:

Any notices required or permitted by this Agreement or communications in connection with this Program will be sent to you by U.S. Gambling Refund ™ via e-mail at the address you provided when you applied to become a member of the Program.

11.5 Counterparts; Manifestation of Assent. This Agreement may be agreed to in more than one counterpart, each of which together shall form one and the same instrument. The parties agree that execution and manifestation of assent may be achieved in any format convenient to the parties.

11.6 Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

11.7 Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole discretion. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. 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.

11.8 Equitable Relief. The parties agree that any breach of either of the party's obligations regarding trade marks, or trade names, confidentiality, links or the removal of links, and/or user data may result in irreparable injury for which there may be no adequate remedy at law. Therefore, in the event of any breach or threatened breach of a party's obligations regarding trade marks, or trade names, confidentiality, links or the removal of links, and/or user data, the aggrieved party will be entitled to seek equitable relief in addition to its other available legal remedies in a court of competent jurisdiction.

11.9 Obligation to Mediate in Good Faith. Except as provided in this Section 11.7, before either party initiates a lawsuit against the other relating to this Agreement, the parties agree to mediate all disputes and claims arising out of or relating to this Agreement, the parties' performance under it, or its breach. To this end, either party may request, after informal discussions have failed to resolve a dispute or claim, that each party designate an officer or other management employee with authority to bind the party to meet in good faith and attempt to resolve the dispute or claim through mediation. During their discussions, each party will honor the other's reasonable requests for information that is not privileged and relates to the dispute or claim. This Section does not apply (i) should the expiration of the statute of limitations for a cause of action be imminent, or (ii) if a party is seeking an injunction pursuant to Section 11.8.

11.10 Force Majeure. You acknowledge that U.S. Gambling Refund's ™ equipment, and services may be subject to temporary modifications or shutdowns due to causes beyond U.S. Gambling Refund's ™ reasonable control. Such temporary service interruptions will not constitute a material breach of this Agreement. U.S. Gambling Refund ™ will use commercially reasonable efforts to provide the services contemplated under this Agreement and to remedy any temporary interruptions or other problems that adversely affect the Program.

11.11 Attorneys' Fees. In the event any action is commenced to construe or enforce any provision of this Agreement, U.S. Gambling Refund ™ will be entitled to receive its reasonable legal fees and costs incurred in bringing such action, in addition to all other amounts that U.S. Gambling Refund ™ is entitled to receive from the Affiliate, if U.S. Gambling Refund ™ is the prevailing party.

11.12 Survival. Sections 7 (Termination), 9 (Indemnification), 10 (Limitation of Liability), and 11 (General), including all subsections thereof, shall survive the termination of this Agreement.

11.13 Modifications. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the U.S. Gambling Refund ™ website and giving you notice of the modification through a subsequent written agreement between the parties. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and 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 website will constitute binding acceptance of the change.

U.S.Gambling Refund ™ is a trademark of USGR Consultants Inc.