Terms & Conditions
These Terms and Conditions are intended to form a legally binding and enforceable Agreement between you as an applicant to RWB AFFILIATESAffiliate Program. Kindly read these Terms and Conditions carefully.
This Affiliate Agreement (herein referred to as "Agreement") is between RWB Affiliates and the individual or entity identified by name in the Affiliate Signup Form and contains the complete terms and conditions of the RWB AFFILIATES Affiliate Program. "You", the "Affiliate" refers to you, the individual, group or corporate entity registering with us as an affiliate under this Agreement, and shall be deemed to include any employees, officers, directors, shareholders, owners, controlling parties and affiliated individuals and entities (and "your" has a corresponding meaning).
By participating in RWB AFFILIATES Affiliate Program, you agree to create and maintain unique links from your site to RWB AFFILIATES partner sites.
We reserve the right to terminate this Agreement at any time, without prior notice if we determine that your site is unsuitable or violate the provisions of this Agreement. Unsuitable sites may include but are not limited to, those that: promote sexually explicit materials, are targeted towards children or minors, promote violence, promote discrimination based on race, sex, religion, nationality, ethnicity, disability, sexual orientation, promote illegal activities, violate intellectual property rights, or are otherwise considered by us as offensive or inappropriate.
Definitions and interpretation
The following words and phrases, when used in this Agreement, shall have the meaning stated below:
‘‘Company’’ means RWB AFFILIATES and for avoidance of doubt, ‘we’, ‘us’ and ‘our’ shall also mean ‘Company’;
‘‘RWB AFFILIATES Affiliate Program’’ means the Affiliate Program, for the provision of the Services, which may be entered into between you and Company, which incorporates these Terms and Conditions. For avoidance of doubt, ‘RWB AFFILIATES’, ‘referral Program’, ‘Agreement’ and ‘Affiliate Program’ shall also mean RWB AFFILIATES Affiliate Program;
‘‘Site/s’’ refers toany or all partner sites mentioned on RWB Affiliates website; are website(s) RWB AFFILIATES is authorized to promote;
‘‘Affiliate’’ means the affiliate partner with an affiliate site linking to Sites in return for a commission. As an affiliate, you will host a link, banner and/or a website promoting the Site/s;
‘‘Affiliate Site/s" refers to the site of the affiliate or the affiliate applicant and its related pages;
‘‘Customer/s’’means any person using the Service of any of the Partner Sites, registered an account, deposited funds to his/her account and has playing activity in one or more of the Sites. For avoidance of doubt, ‘affiliate’s customers’, ‘referred customer/s’, ‘wagering member’ and ‘referred customer/s’ shall also mean Customer/s;
‘‘Deposit/s’’ means funds transferred by your referred customer/s to their registered account with our partner sites;
‘‘Tracking URL’’ means the unique tracking URL that we provide exclusively to you, during the term of this Agreement through which we track and calculate your affiliate income. For avoidance of doubt, ‘tracker/s’ and ‘track link/s’ shall also mean Tracking URL;
‘‘Banners and Text Links’’ mean graphical artwork or text that will be directed to our Sites’ home page through your Tracking URL, to permit a Customer to hyperlink from your website to our Sites;
‘‘Spam’’ means deployment or use of any UMC (Unsolicited mass Communication) methods to generate unsolicited traffic;
‘‘Fraud Traffic’’ means Deposits or traffic generated at the Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third-party copyrights or trademarks;
‘‘Terms’’ means this Affiliate Program Terms and Conditions;
‘‘Net Revenue’’ means Gross Bets less Payouts, Redeemed Bonuses, Royalty Fee, Chargebacks, End User Balance Corrections where;
‘‘Gross Bets” means the total of all real money sums wagered by Customers on the Site for a month;
‘‘Payouts” means all real money winnings by Customers with the Site during a month;
‘‘Redeemed Bonuses” means all bonuses resulting in the bonus amount or part thereof being transferred from the Customer’s bonus balance to his or her real money balance and able to be withdrawn by the Customer without any limitations;
‘‘Royalty Fee” means the usage based payments made by the Company for use of software on the Site;
‘‘Chargeback” means the reversal of deposits by referred Customers;
‘‘End User Balance Corrections” means those corrections or adjustments made in order to take into account changes to a Customer’s account balance which need to be added into the calculation of Net Revenue and have not been so reflected;
1.Registration as an Affiliate
1.1. To register as an Affiliate, you will need to submit an application through this website.
1.2. Affiliate shall not have more than one Affiliate account.
1.3. An Affiliate shall not be allowed to earn commissions from the activity of their own customer account or through any related parties.
1.4. The Company will evaluate all Affiliate applications and will notify the potential Affiliate of his or her registration in the RWB AFFILIATES Affiliate Program. The Company may reject any application if it is determined, at the Company’s sole and absolute discretion, that the Affiliate or the Affiliate website is not suitable for the Program.
2. Responsibilities of the Affiliate
2.1. As an Affiliate, you are responsible for promoting and directing traffic and refer prospective customers to RWB AFFILIATES’ partner sites by implementing advertising and marketing materials or contents, banners and tracking URL's on your websites, e-mails or other means of communications in accordance with the terms and conditions of this Agreement.
2.2. You declare that you are over 18 years of age.
2.3. You agree to register and maintain correct and truthful contact information with RWB AFFILIATES. You declare and warrant that the information that you provided in the Affiliate Signup Form is true, complete and correct. You shall notify RWB AFFILIATES immediately of any change in the information provided in the Affiliate Signup Form.
2.4. You agree that RWB AFFILIATES may, at its discretion, carry out verification checks of you and require you to provide certain documents for verification purposes. You agree that you will, when requested, promptly provide documents for the purposes of proof of identity, proof of residence and address, proof of age as may be necessary.
2.5. You shall provide space for banners and links promoting the Service on your sites and, if approved by RWB AFFILIATES, on other websites and media channels.
2.6. You are responsible to ensure that the correct tracking links are used. Only properly tagged customers can be assigned to an Affiliate. Should an affiliate tag be improperly inserted into the Affiliate site or not properly received by the web server of RWB AFFILIATES and its partner sites, the resulting customer registration and purchases will not be assigned to you. Therefore, it is your responsibility as an Affiliate to ensure that all links are properly tagged.
2.7. You will present only content and topics on your website which are pre-approved in writing by RWB AFFILIATES. Content that is deemed offensive or unsuitable will result in the immediate termination of your registration as an Affiliate and this Agreement.
2.8. You undertake to carry out your obligations under this Agreement only for the commercial purposes intended herein, i.e. to promote the products and services of our partner sites, and for no other purpose whatsoever.
2.9. You shall carry out your affiliate activities and services as you deem appropriate and effective. The Affiliate shall be solely responsible for the manner in which the affiliate activities and services are carried out and, in respect of marketing materials not provided by RWB Affiliates, for the content of the said marketing material.
2.10. You shall not conduct any of your affiliate activities and services in unlawful manner or form, including placing or using any material which is malicious, obscene, sexually explicit, violent, potentially libelous, discriminatory, infringes anyone’s intellectual property rights or goodwill or reputation, targets persons under the age of 18 years (or higher of majority in the jurisdictions that the Affiliate is targeting).
2.11. You are allowed to introduce sub-affiliates. It shall be the sole responsibility of the Affiliate to ensure that sub-affiliates are aware and agree with this condition and with all other conditions relevant and applicable to sub-affiliates. The Affiliate hereby undertakes to fully inform and keep informed all sub-affiliates it introduces about all relevant details in relation to the operation of this Agreement.
2.12. You acknowledge and accept that RWB AFFILIATES retains the right to change or withdraw any part of the Service, at any time and in any manner it deems appropriate, without prior notice to the Affiliate and without any liability whatsoever on the part of RWB AFFILIATES and its partner sites.
2.13. The Agreement becomes binding upon the Affiliate once you indicate in the Affiliate Signup Form of your acceptance of this Agreement.
3. Affiliation Guidelines
3.1. By agreeing to participate in RWB AFFILIATES Affiliate Program, you agree to download banners, text or promotional material and place it on your Affiliate site/s, utilize it within e-mail, direct marketing using your affiliate URL or print. These methods are the only approved methods by which you may advertise RWB AFFILIATES's partner site’s products and services.
3.2. Only approved and properly tagged creative materials, supplied by us from time to time, may be used to promote RWB AFFILIATES partner sites. Advertorials and personal endorsements are allowed but all materials not designed by RWB AFFILIATES need to be approved in writing, which approval shall not be unreasonably withheld.
3.3. You may not modify or use, for any other purpose, any intellectual property rights, banners or other creative material supplied by us without the written prior consent of RWB AFFILIATES. All copyright or intellectual property rights notices on any material supplied or approved by RWB AFFILIATES, must remain on said material and shall not be modified or eliminated.
3.4. Banners and links may not be placed within unsolicited e-mail, unauthorized newsgroup postings, or chat rooms or through the use of "bots". Traffic generated illegally will not be counted and may result in the termination of your affiliate account with us.
3.5. We will terminate this Agreement immediately if there is any form of spamming on your behalf or if you discredit RWB AFFILIATESandits partner sites through false advertising, written or uttered words.
3.6. You shall not make any claims, representations, or warranties in connection with RWB AFFILIATES Affiliate Program and you shall have no authority to and shall not bind RWB AFFILIATESand its partner sites to any obligations.
3.7. Without our prior approval (written or email), you will only use our approved banners and links and will not alter their appearance nor refer to us in any promotional materials. The appearance and syntax of the hypertext transfer links are designed and designated by us and constitute the only authorized and permitted representation of RWB AFFILIATES and its partner sites.
3.8. You will not knowingly benefit from known or suspected traffic not generated in good faith, whether or not it actually causes damage to RWB AFFILIATES and its partner sites. 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 on account of Fraud Traffic, at our discretion.
3.8.1. You are not allowed to and shall not allow any third-party to register or use in any way domain names that contain any or significant part of our partner sites’ brand name promoted by RWB Affiliates or their variations or misspellings. In case of doubt or similarity of a domain name to any of the partner sites, the Affiliate must obtain written consent from RWB AFFILIATES prior to registration or use of such domain name.
3.8.2. Affiliate websites must contain accurate information about RWB AFFILIATES and its partner sites. You shall not nor authorize or encourage any third-party to promote any partner sites to persons in the United States of America (USA), USA territories, Hong Kong, Philippines or to attempt to circumvent restrictions that are in place to prevent persons from such jurisdictions to access and use the Service. Any manipulation to circumvent territorial blocks is a breach against this Agreement and will void all commission to the Affiliate.
3.8.3. You are not allowed to use Google Adwords with any keywordsthat is directly related to RWB AFFILIATES and its partner sites.
3.8.4. RWB AFFILIATES reserve the right to take action at our sole and absolute discretion if any Affiliates are found to have violated the above rules.
3.9. You are not allowed to gamble in any of the products promoted by RWB AFFILIATES’ partner sites through your own affiliate link or from the affiliate link of an associate who shares all or part of the commission with you or a third party. This shall include any individuals or playing groups from which you receive compensation or remuneration of any kind. In the event of violation of this clause, RWB AFFILIATES and the respective partner sites shall have the right to void all play and eliminate any earned commissions applicable from such play and terminate your registration as an affiliate and this Agreement, as well as void any future play at RWB AFFILIATES’ partner sites.
3.10. You are not allowed to concurrently maintain both affiliate and referral relationships with RWB AFFILIATES’ partner sites. Violation of this provision grants RWB AFFILIATESand its partner sites the right to terminate either or both affiliate and/or referral relationships. A referral relationship refers to a relationship enteredvia any available Refer-A-Friend Programby our partner sites.
3.11. Persons residing within any of the excluded territories as set forth in our partner sites, as well as persons under the age of 18 or the legal age of majority in the customer’s jurisdiction (“minors”), are not allowed to register with or play on any of our partner sites. Therefore, we shall reject your application if we determine that any of your Affiliate Sites are designed to appeal to minors, targeting persons residing in excluded territories and, as such, are not suitable for the RWB AFFILIATES’ Affiliate Program.
4. Revenue Sharing & Payment
4.1. RWB AFFILIATES will pay out a revenue share on the earnings generated by each referred wagering customer attributable to the Affiliate, in accordance with RWB AFFILIATES Affiliates Program commission structure.You will be paid a recurring profit from your referred wagering customers not later than the Fifteenth (15th) day of each month, month after month for as long as their gaming activity continues.
4.2. Earnings are calculated from the Net Revenue multiplied by the corresponding affiliate revenue share percentage.
4.3. All amounts are calculated and paid in accordance with the Company’s reasonable and good faith means of tracking customer activity. Our calculations of commissions due to the affiliate under this Agreement shall be final and binding on the affiliate.
4.4. RWB AFFILIATES has the right to adjust payments of the Affiliate commission from time to time to reflect any overpayments or other applicable deductions, which were not deducted earlier, such as chargebacks or refunds.
4.4.1. Should your referred customerinitiates a chargeback, the disputed or chargeback amount generated by your referred customer will be forfeited and will not be included for purposes of computing the commission due to you for the current month.
4.4.2. Should this deduction of the accumulated chargeback amount exceed your current amount due, your balance will then revert to a negative balance, and you will have to earn revenue to cover the charge-back before you can start earning revenue again.
4.4.3. Achargebackamount will stay due until the revenue generated by your other referred wagering customers has covered the amount due.
4.4.4. We understand that this might be frustrating to the affiliates, but it has to be made clear that RWB AFFILIATES and its partner sites can only pay out from a percentage of their profits, not fraudulent activities generated by the referred customer/s resulting in loss of revenue to our partner sites.
4.5. Bonuses, Complimentary Money, Free Money and Other incentivesrefer to those amounts credited to the account of the referred customers. As they, the referred customers have not purchased these amounts RWB AFFILIATES cannot include and pay commissions on them.
4.6. Negative earnings are carried forward to the next month. Should the affiliate close the month with a positive balance, payment will be issued if it meets the minimum requirements and commissions will be paid on the positive balance.
4.7. Theearnings of the Affiliate, calculated based on RWB AFFILIATES commission structure, will be earned on all transactions that the Affiliate’s referred customer undertakes with the Company, as long as the Affiliate remains a member of this Affiliate Program.
4.8. All Affiliates are subjected to administrative and marketing costs incurred directly for the acquisition of customers by our partner sites. These costs may include: payment fees, promotion bonuses, platform fees, royalties payable and license fee.
4.9. The commission you earn under this Agreement are exclusive of all charges, taxes (including Value Added Tax, where applicable), duties, fees, excises or tariffs. Such charges, taxes, duties, fees, excises or tariffs shall be for your account at the rate prevailing at the time the commission is paid. For the avoidance of doubt, you shall be solely and primarily responsible for any taxes imposed on the commission by the tax authority in the jurisdiction in which you are domiciled for income tax purposes, but in the event that RWB AFFILIATES is required to withhold any tax payable by and imposed on you by a tax authority in any jurisdiction where RWB AFFILIATES operates from or in, you shall be solely responsible for the payment of such tax and you shall not be entitled to recover any such tax from RWB AFFILIATES.
4.10. RWB AFFILIATES partner sites assumes ownership of the referred customer at point of first contact with the said customer. You, as an Affiliate, shallact only as a referring agent for RWB AFFILIATES and its partner sites. Our partner sites reserve the right to refuse customers, close or suspend customer accounts if necessary to comply with any requirements or when irregularities are identified on the referred customer’s account activities.
5. Limited Rights
5.1. We hereby grant to you a personal, non-exclusive, non-transferable limited rights, during the term of this Agreement, to use our partner sites’ trademarks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site.
5.2. By this Agreement, we grant you the non-exclusive right to direct customers to our partner sites 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 reserve the right to contract with and obtain the assistance from other parties 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.
5.3. Your right to use the trademarks of our partner sites is limited to and arises only out of this Agreement to use the banners and tracking links. You shall not assert the invalidity, unenforceability, or contest the ownership of the trademarks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our partner sites’ rights in the trademarks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
5.4. You are restricted from purchasing any domain name which uses all or part of any of our partner sites’ trademarks or intellectual property. You are also restricted from using all or part of any of their trademarks or intellectual property for purposes of search engine optimization.
5.5. RWB Affiliates reserve the right at its absolute discretion to revoke this privilege at any time and it shall have been deemed revoked at the termination of this Agreement, for whatsoever reason.
6. Legal Responsibility
6.1. Ownership and content of our partner sites remain their respective properties and shall not be deemed to have been transferred to the Affiliate through any act or omission in respect of this Agreement.
6.2. Ownership, content and liability for Affiliate site/s are the sole responsibility of the affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and at your own cost.
6.3. You will indemnify and hold us harmless from any and all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. This provision on indemnification is without prejudice to our separate action or claim against you under applicable laws.
6.4. It is the Affiliate's responsibility to follow the correct linking and tagging procedure to ensure referred customers are being tracked correctly.
6.5. Presentation of our partner sites’ banners and contents on Affiliate's site is the responsibility of the Affiliates. You must ensure that thebanners and contentsare presented in accordance with our guidelines.
6.6. Affiliates must ensure that any material posted on their site is legal and does not infringe copyright or violate any intellectual property rights of others.
6.7. Any form of Spam will result in your account being placed under review and all funds due being withheld pending an investigation into your account.
6.8. 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. Any waiver (if any) is only effective if it was executed in writing, authorized and signed by the party granting it.
6.9. 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 our site. 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.
7. Terms & Termination
7.1. The term of this Agreement will take effect when you receive confirmation of your acceptance to the RWB AFFILIATES Affiliate Program and shall continue unless and until either party; notifies the other in writing that it wishes to terminate the Agreement.
7.1.2. 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.
7.2. This Agreement does not grant you exclusive rights or privileges to assist us in the provision of services arising from your referrals. In turn, we retain the right to contact 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 Affiliate Revenue or other compensation on business secured by or through persons or entities other than you. In addition, you cannot represent any RWB AFFILIATESpartner brands to make any commitment to your referred customers, including all SEO related activities such as website meta tags, PPC and keyword tags, without prior approval from RWB AFFILIATES. We reserve the right to withdraw any approval we might have granted in the past in case it’s conflicting with our most current strategy and directions.
7.3. In the event of termination of this Agreement:
7.3.1. You must remove our partner sites banner/s from your site and disable any links from your site to our partner sites and 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 RWB AFFILIATES and its partner sites.
7.3.2. All rights and privileges given to you in this Agreement shall immediately terminate.
7.3.3. You will be entitled only to those unpaid referral fees if any earned by You on or prior to the date of termination, save where termination is as a result of Your breach of terms of this Agreement.
7.3.4. If you have failed to fulfill your obligations and responsibilities, we will not release to you the referral fees otherwise owing to you on termination.
7.3.5. We may withhold your final payment should there be any for a reasonable time to ensure that the correct amount is paid.
7.3.6. If we continue to permit activity from your referred customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
7.3.7. You, RWB Affiliates and its partner sites we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
7.3.8. We may terminate this agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites may include those that: are aimed at underage audience, promote sexually explicit materials, violence, racial and sexual discrimination, discrimination against religion, nationality, disability, sexual orientation, age, promote illegal activities or violate intellectual property rights.
7.4. In case of any discrepancy between the meanings of any translated versions of this Agreement, the English language version shall prevail.
7.5. RWB AFFILIATES reserves the right to change any rules and regulations of this agreement at any time. It shall be your responsibility to periodically check the website for any updates on these terms and conditions. Your continued participation in the Program after posting of changes in the terms and conditions shall be deemed as acceptance on your part.
8. Relationship of Parties
8.1. Your relationship with us is as 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 site or otherwise, to contradict anything in this paragraph or be reasonably deemed to contradict this paragraph.
9.1. You hereby agree to indemnify and hold free and harmless RWB AFFILIATES, the entities it represents, its partners and partner sites, and RWB AFFILIATES directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses (including reasonable attorneys' fees), and costs (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on.
9.1.1. Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
9.1.2. Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein,
9.1.3. The development, operation, maintenance and content of Your Site and products and services offered from Your Site, or
9.1.4. Any claim related to Your Site, including, without limitation, content therein not attributable to us.
10. Warranties, Disclaimers and Limitation of Liability
10.1. We make no express or implied warranties or representations with respect to the affiliate program or commission payment arrangements (including without limitation, their functionality, and 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 and partner sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors. the company further expressly disclaims all warranties and conditions of any kind; whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
10.2.You expressly understand and agree that the company, partner sites, its subsidiaries, partners, and its licensors and service providers shall not be liable to you for:
(i) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(ii) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(a) Any changes which company may make to the program, or for any permanent or temporary cessation in the provision of the program (or any features within the program);
(b) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the program;
(c) Your failure to provide company with accurate account information;
(d) Your failure to keep your password or account details secure and confidential. The limitations on company’s liability above shall apply whether or not company has been advised of or should have been aware of the possibility of any such losses arising.
10.3. In addition, the company makes no representation that the operation of our and partner sites will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
10.4.If any provision of this Agreement is deemed illegal, invalid or unenforceable, this shall not affect the validity or enforceability of any other provisions of this Agreement.
10.5. 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 affiliate program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
10.6. By marking the "I have read and agree to the terms and conditions" box (or similar wording), when registering for an affiliate account you have agreed to accept the terms and conditions of this Agreement, which is a legally binding agreement between you and us.