Afiliados

This document contains the Terms and Conditions that apply to your participation as a member of the Affiliate Program of LottoElite.com. From the moment that you accept the terms and conditions hereby established, you’ll be part of the program as long as your application is accepted.

For the purposes of joining and participating of the LottoElite.com program as an “Affiliate Webmaster” you must be of legal age in your place of residence.

1. AGREEMENT

LottoElite authorizes the WEBMASTER signee to participate of it’s Affiliate’s program and subsequently to include in those webpages where he is the full member the necessary material that allows users to conect with the contents of LottoElite.com.

2. DESCRIPTION OF THE SERVICES

LottoElite.com guarantees the Affiliate Webmaster:

a) The possibility to market, through legitimate means, the contents that LottoElite.com makes available.

b) The limited, non exclusive, revocable and untransferable authorization to the access and download of banners and other promotional material in order to advertise through legitimate means the contents that LottoElite.com makes available.

c) The possibility to offer the clients, global payment systems through the means used by LottoElite.com, for the purchase of subscriptions. The service includes the access to a complete and exclusive automatic and personalized management system.

3. TERM AND TERMINATION

This agreement will take effect from the moment of the subscription and will have an undefined duration.

The parties can resolve the hereby anytime and without cause, previous notification by email. LottoElite.com will settle all the corresponding amounts owed by the Affiliate that have been originated before the termination of the agreement. The amounts unpaid at the termination of the hereby can be retained until LottoElite.com makes a final settlement in which the owed amount will be paid.

4. PRICE

As long as the detailed conditions in the agreement are fulfilled, LottoElite.com commits to settle the corresponding amount.

5. SETTLEMENT

The LottoElite.com system will provide an electronic report with a reliable detail of the amounts payable to the Affiliate and at his charge, through wire transfer (the affiliate is in charge of paying the wire’s cost) or check, as he prefers, as long as the system is available in his region. No amount will be paid if it doesn’t come up from the technical system of LottoElite.com.

Except that it was resolved in the contract, no payments will be done if the amount is lower than the minimum chosen. In this way, if the amount of the corresponding settlement doesn’t reach the minimum amount chosen by the affiliate, it will not be paid in that month, but on the following month together with the amount that corresponds, as long as the amount accrued exceeds it.

6. APPROVED MARKETING MATERIALS

LottoElite.com allows the Affiliate Webmaster to advertise in a legal and legitimate way. He is authorized to promote the service in any way that he considers appropriate, but he expressly commits not to advertise through means that can be qualified, somehow, as unlawful or illegal, understanding as such those considered in any of the norm rules applicable.

LottoElite.com lets know that it does not tolerate affiliate behaviors that fall in advertising methods which are not admitted by the valid international legislation, or by the Internet’s uses and habits, being fair cause for the resolution of the contract and for the application of the foreseen punishments.

a) SPAM. The traffic or sending of unasked advertising by users of the WEB through email, newsgroups, IRC, or live messages constitutes SPAM. The Affiliate is obliged to respect the LottoElite.com’s Anti- Spam policy in accordance to the United States of America legislation (CAN-SPAM ACT/2003). Any negative report informed against the Affiliate in the Privacy Policy area will determine the instant penalty and subsequent termination of the contract.

b) MASSIVE MAIL. The massive sending of emails as a promotion tool for our sites is prohibited.

c) USE OF TRADEMARKS AND DOMAIN NAMES IN PPC CAMPAIGNS. The use of content domains as key words in PPC campaigns (pay per click) such as Adwords, Yahoo Search Marketing, etc is expressly prohibited without our previous consent.

7. LEGITIMATE USES

The Affiliate commits to make a legitimate use of the service offered by the company, assuming the exclusive responsibility for any illegal use, or any different use from that stipulated hereby.

8. LIMITATION OF LIABILITY

In the understanding that the Affiliate is not a LottoElite.com’s agent and that it is not possible nor does it correspond to the administrator of this program to control the information or content that the Affiliate makes available to the Internet users, he knows and accepts that the use of the service is under his exclusive risk and responsibility, therefore LottoElite.com will not take responsibility for the facts or acts of the Affiliate with reference to third parties.

LottoElite.com shall not be liable with respect to the Affiliate or any other person for the impossibility of the Affiliate’s access to the service in unforeseen or or force majeure circumstances, nor if there is loss or elimination of information or the impossibility of partial or complete recovery, problems in the connection, problems in the system, problems in the server, problems in the net, or any other cause which is not attributable to the company, even in the case of the interruption of the service in order to carry out tasks of maintenance and update.

9. NON USE OF TRADEMARK

It cannot be understood, in any case, that LottoElite.com gives the use or grants the permission of it’s intelectual or industrial property to the Affiliate.

Given that LottoElite.com renders the service described in the clause 2º, the Affiliate is forbidden to:

a) use, release or make reference, by any means, nor directly nor indirectly, to its clients or to a third party, the name, brand, logo or similar, related to LottoElite.com, without previous authorization from LottoElite.com or without it being part of any of the programs promotion sites.

b) any use of the name, brand, domain, equal or similar, to the one of our company, without our previous consent and that may constitute fraudulent traffic.

c) act in any way that discredits or damages LottoElite.com’s reputation and good name.

10. CONFIDENTIALITY

Both parts commit to respect the confidential nature of the exchanged information in the hereby contract. According to the above mentioned, it cannot be revealed nor made available to third parties even when the agreement is finished, except that the relevant authority requires so.

11. TERMINATION FOR BREACH OF CONTRACT. PENALTY CLAUSE

In case that the non fulfillment of any of the established clauses in the agreement takes place, or in case of a well founded suspicion of fraud or any activity considered punishable or abusive by the local laws, international laws, or the uses and habits of Internet; LottoElite.com has the right to end the contract at the instant and suspend definitively the payment of the pending commissions as a penalty, without prejudice of practicing the corresponding civil and criminal actions.

The Webmaster must immediately eliminate from his pages any icon, link or reference to LottoElite.com.

12. CHARGEBACKS

LottoElite.com has the right to cancel the account of those Webmasters who have, in LottoElite.com’s consideration, an unusual quantity of chargeback refunds. In this case, any amount of money owed by the affiliate will be destined to cover the expenses caused, according to the present terms.

13. TAXES, INEXISTENCE OF WORKING RELATIONSHIP OR ASSOCIATION

The Affiliate will be the only responsible of all the taxes generated by the provision of the services of which he is the member. The parties declare that the emergent rights and obligations of the hereby are the ones of his professional activity, and therefore, the terms of the hereby do not involve for any of the parties the existence of a labor relation.

14. JURISDICTION AND APPLICABLE LAW

The parties expressly agree that the applicable law as much as the competent jurisdiction with reference to this agreement will be the ones of the Republic of Uruguay.

15. MODIFICATIONS

LottoElite.com reserves the right to modify in all or in part the terms and conditions of the service, this must be posted in its website and communicated via email to the email address that the Affiliate has indicated in his application.

The modifications will be notified with 24 hours in advance. If these were not accepted in that term by the Affiliate, he can terminate the present agreement, and the corresponding pending payments will be settled. The continued participation in the use of the service once the notification has taken place will be deemed binding acceptance of the modification.

16. LOTTOELITE.COM

The acceptance of these Terms and Conditions means that the Affiliate agrees to be bound by all the terms and conditions set out in this Agreement.