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Terms and Conditions
To be an authorized affiliate of R2Games Affiliate Program , you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the R2Games Affiliate Program service as an affiliate. By signing up for the R2Games Affiliate Program affiliate program, you indicate your acceptance of this agreement and its terms and conditions. Terms & Conditions for participation in the R2games Affiliate Program (hereafter referred to as terms & Conditions) Status: March 7, 2012 1. Summary R2games Co. Limited (hereafter referred to as R2games) operates an Internet platform at affilaite.r2games.com(hereafter referred to as Platform) which offers registered members (hereafter refered to as Publishers the possibility to participate in the R2games Affiliate Program. The object of the R2games Affiliate Program is to encourage media service providers to support R2games through the sale of goods and services on a results basis. Application and registration as well as use of the platform are basically free for all publishers. 2. Scope of application 2.1. The publishers’ participation in R2games Affiliate Programs is regulated by these Terms & Conditions. They also regulate the legal relationship between the publishers and R2games. 2.2. Any terms and conditions of the publishers that contradict these Terms & Conditions are invalid unless their validity is clearly agreed upon by R2games and the publisher. Contradictory assertions made by the publisher based on their terms and conditions are hereby expressly forbidden. 2.3. Subsidiary agreements, modifications or supplementation of these Terms & Conditions and of the contract between the publisher and R2games must be made in writing in order to be legally binding. 2.4. R2games employees, representatives or contracted agents are not authorized to make verbal agreements or promises with or to the publisher. 3. Definitions The following defintions apply to these Terms & Conditions and to the R2games Affiliate Program as a whole: 3.1. User: Every natural person who knowingly and deliberately visits the publisher or R2games website without being coerced or deceived and without receiving compensation from the publisher or any third parties. 3.2. Click: A click is considered valid if the user knowingly, deliberately and voluntarily clicks on a R2games Affiliate Program hyperlink on the publisher’ website, thereby being redirected to the linked R2games website. Repeat clicks, or multiple clicks made by the same user in close succession and within a short period of time on different hyperlinks, are invalid. Clicks generated as a result of coercion or because of a bonus or incentive are invalid unless previously sanctioned in writing by R2games. If no written agreement exists, clicks generated as a result of such actions shall not be considered valid. Valid clicks are recorded and verified by the R2games Tracking System and their validity judged at R2games’ discretion. 3.3. Account: Legitimate access to the platform granted to a publisher once they have registered and correctly provided all necessary information including their main domain name and their websites ' content category. 3.4. Lead: A lead is valid when the user makes a valid click and then willingly, deliberately and knowingly performs a certain pre-defined action (hereafter referred to as a qualified action). Valid leads are detected and defined as valid in the same way as valid clicks; the performance of the qualified action is recorded and verified by R2games and judged valid at their discretion. 3.5. Sale: A sale is valid when the user makes a valid click (see 3.2) and thereafter willingly, deliberately and knowingly performs a certain pre-defined action (hereafter referred to as a qualified action). Valid sales are determined in the same way as valid leads; user requests for cash items or services are recorded and verified by R2games ' system and judged valid at their discretion. 3.6. Hyperlink: Is a link provided by the platform for the publisher 's use. This link must be incorporated in its original form into the publisher 's website and clearly labelled as a link to the R2games website. 3.7. Pay-Per-Lead: The publisher is entited to payment for leads generated as a result of visitors to the publisher 's website being redirected to the R2games website via a hyperlink on the publisher 's website. Payment consists of a fixed fee per valid lead. 3.8. Pay-Per-Sale: The publisher is entitled to payment for goods or service sales generated as a result of visitors to the publisher 's website being redirected to the R2games website via a hyperlink on the publisher 's website. 3.9. Publisher website: The website is the publisher 's Internet presence in all available languages. The website is located at the main domain name provided upon account registration and includes the content approved by R2games. Also included in the definition of the website are any other domain names or subsites, should they have been specified as belonging to this main domain in the account information and have identical content. 3.10. R2games website: R2games ' Internet presence, which can be found at the registered URL and on which the online goods and/or services are advertised and sold and to which the hyperlink to be used by the publisher in accordance with the Terms & Conditions of the R2games Affiliate Program leads. 4. R2games Affiliate Program registration 4.1. With their participation and the registration of an account, the publisher recognizes these Terms & Conditions. 4.2. It is the publishers ' responsibility to ensure that the information they provide to R2games is correct and comprehensive. The publisher must make sure that their registration information and the information in their account is always up-to-date. In the case of multiple accounts, the publisher may not provide differing or contradictory personal information. 4.3. Websites operated by the publisher in languages other than those agreed upon are excluded from participation. Registrations generated from such websites are not considered valid under the terms of the R2games Affiliate Program; R2games is not obligated to inform partners of such registrations. 5. Contract conclusion 5.1. An individual contract regulating the providing of services to support the commision-based online sale of goods and services as specified in these Terms & Conditions and the terms of the R2games Affiliate Program is concluded between R2games and a publisher. 5.2. In posting their websites ' candidature to R2games, publishers express their intent to participate in the R2games Affiliate Program. Publisher participation cannot include any conditions or reservations which differ or deviate from those of the R2games Affiliate Program. The publisher shall be bound by their offer of participation for a period of four weeks after their declaration of intent, in the form of an application, was received by R2games. R2games may accept the offer at any time during this period; if R2games does not accept the application during this period, this constitutes implicit rejection. No claims can be brought against R2games by the publishers in the event of this occurrence. 5.3. R2games reserves the right to accept or reject any applying publisher. In the event of a rejection, publishers are not entitled to ask for the cause or justification. In the event of their acceptance, publishers do not owe R2games any form of participation or effort. 5.4. In the event of acceptance, publishers are entitled but not obligated to take steps to promote the Bipgoint Affiliate Program within the scope of these Terms & Conditions. R2games has the right to expect the publisher to fulffill their contractual requirements. Should the publisher be required to take certain actions and fulfil these requirements, they must be fulfilled within the scope of the contract, and are to be compensated accordingly. 5.5. After their registration, an interest-free account shall be opened for the publisher. Any and all payments due to the publisher will be deposited into this account. 5.6. R2games is entitled to further develop the platform and to adjust the platform to technical innovations as appropriate. 5.7. R2games is also entitled to delegate the performance of certain or all contractual services to third parties or contracted agencies. 6. Publisher ' s obligations to R2games 6.1. Publishers must configure their website so that only valid leads and sales are generated on the R2games website, and so that completed transactions can be successfully recorded by the R2games website. This also applies to all search engine entries, directories and link lists belonging to third parties. 6.2. R2games shall provide the publisher with the hyperlinks and URLs required to participate in an Affiliate Program. 6.3. The publisher is not allowed to modify the HTML code or banners provided by R2games. 6.4. The advertising material provided may only be used on the publishers’ website. 6.5. The advertising material provided may only be used within the context of participation in the R2games Affiliate Program. 6.6. Forwarding any information or advertising material to third parties is not permitted and constitutes a violation of these Terms & Conditions. 6.7. The use of names and copyrighted brands and trademarks, as well as the use of a logo or company belonging to R2games, is only permitted with R2games’ express permission. 6.8. The publisher will only use names and brands belonging to R2games or words which are similar or related to R2games names and brands (please see the list in Appendix 1) as keywords for the purposes of search-engine management or optimization with R2games’ prior consent. 6.9. The publisher agrees to design their website in such a way as to avoid infringing on the intellectual property rights and copyrights of third parties and any and all applicable laws, especially those relating to copyright. 6.10. Should the publisher send e-mails containing advertising for R2games or R2games services, they must comply with the legal standards in place. 6.11. The publisher is responsible for ensuring the accuracy and integrity of their registration information. Should changes to the publishers’ personal data occur, the publisher must inform R2games of these changes in writing without delay. By registering, the publisher accepts these Terms & Conditions. 6.12. The publisher is obligated to include their contact details and legal information in their business operations 6.13. The publisher agrees to ensure that their website comply with legal standards regarding data privacy and customer protection. Violent, sexually explicit or pornographic content as well as discriminatory statements or images, especially those concerning gender, race, heritage, nationality, handicaps, religion, sexual orientation, age, etc. are especially proscribed, both on the publishers’ website and in the context of the R2games Affiliate Program. 6.14. The website must not be designed in such a way as to compromise the reputation or perceived value of R2games goods or services, of the R2games brand or of R2games ' business operations. 6.15. In particular, R2games has the right the demand that the hyperlink be moved when its location is judged likely to compromise the reputation or perceived value of R2games goods or services, of the R2games brand or of R2games ' business operations. 6.16. The aforementioned regulations especially apply if the publisher website includes links leading to the Internet presences of third parties. 6.17. R2games shall provide the necessary hyperlinks and URLs for each Co-Branded landing page. The publisher is only permitted to modify the code or banners provided with R2games ' express permission, and may only use them on their own website. Forwarding them to third parties is forbidden. The publisher may insert the hyperlink to the R2games site where they want and as many times as they choose. 6.18. R2games has the right to use the name, brands and logos of the publisher as a reference for the purposes of customer and user acquisition. 6.19. The publisher is the only party responsible for the marketing, sale and delivery of products which are sold with R2games ' assistance. This includes all support and documentation. 6.20. R2games must be informed of any defects or interruptions in writing either by fax or via e-mail. 7. Payment process 7.1. There is a right to payment when a valid lead or a valid sale is successfully transmitted to R2games in accordance with these Terms & Conditions. 7.2. R2games guarantees the publishers ' participation in pay-per-lead affiliate programs, pay-per-sale affiliate programs and/or a combination of the aforementioned program types. 7.3. The publisher is entitled to payment only when valid clicks, leads or sales were generated in their account in accordance with these Terms & Conditions. 7.4. Clicks not generated via hyperlink and/or on the R2games website do not entitle the publisher to remuneration. The publisher is also not entitled to remuneration for clicks that are automatically generated by technical contrivances, for those which are generated as a result of force, incentives or deceit, or for induced clicks. 7.5. All valid clicks shall be credited in the course of the daily publisher account evaluation. 7.6. All remuneration for the pay-per-lead affiliate programs and the pay-per-sale affiliate programs as well as combinations of the aforementioned programs is subject to points 7.3 and 7.4 respectively. All leads or sales shall be credited upon fulfilment of the conditions of the R2games Affiliate Program. Payment is not indicative of recognition of fulfilment of affilate program conditions or of the validity of leads or sales. In the case of pay-per-sale affiliate programs with percentage-based remuneration, payment is calculated based on the net sale price of the good or service, not including extra costs and any applicable tax. 8. Payment methods 8.1. For the purposes of payments in the context of all R2games Affiliate Programs made in accordance with clause 6 and for the purposes of all publisher accounts, R2games ensures the publisher access to the R2games Online Reporting System via an affiliate interface thanks to which the publisher can verify their own monthly payment. 8.2. Publisher payment occurs 45 days after the end of the billing period (biling period = one calendar month). For example, the publishers’payment for the May 1, 2012 billing period is deposited on June 15, 2012. The payment for June 1, 2012 is deposited around July 15, 2012, etc. If the payment due is under $50.00 net, the publisher will only receive payment once the total sum they are owed is at least $50.00. 8.3. R2games payments are made in accordance with the appropriate tax legislation. Interest is not complied on the balance of the publisher account. 8.4. Payment may occur without conclusive prior verification as to the validity of the clicks, leads or sales as defined by the conditions of the R2games Affiliate Program and/or these Terms & Conditions. Should the generation of a click, lead or sale have occurred as a result of manipulation or fraud, or in some other way constitute an infringement of the conditions of the R2games Affiliate Program or of these Terms & Conditions, or should for any other reason a valid click, lead or sale be found invalid according to these Terms & Conditions, R2games has the right to retrieve the payment (or request that the payment be reimbursed) within a 12-week period. R2games also reserves the right to demand the reimbursement of a payment should they be able to prove that no valid click, lead or sale, and therefore no right to remuneration, existed. 9. Contract duration/Contract termination 9.1. The publisher account for the R2games Affililate Program is provided for an indefinite period. 9.2. The contract regulating the provision of services for the support of R2games through the online promotion and sale of goods and services on a commission basis concluded between R2games and the publisher is valid for one calendar week following contract conclusion, but automatically becomes invalid upon termination of the R2games Affiliate Program. It is automatically extended by one additional week, (but not beyond the duration of the R2games Affiliate Program), if the publisher does not properly cancel the contract in writing. Termination occurs 10 days after written cancellation has been received. 9.3. Cancellation must be made in writing. R2games, however, may also definitively cancel the contract by closing the publisher account. 10. Publisher account closure 10.1. R2games has the right to close the publisher account and inform the publisher of the closure if the publisher does not actively take part in the R2games Affiliate Program for three consecutive months and has not launched any campaigns since then, or if the publisher has generated little or no returns in the past 12 months (if the total generated returns are under €25). The publisher must be made aware of account closure. 10.2. Both R2games and the publisher have the right to extraordinary termination of the contract. 10.3. Should serious breaches of these Terms & Conditions be persistently made by the publisher, especially with regards to clause 6 of these Terms & Conditions, R2games has the right to extraordinary termination of all contracts regulating the duties of the publisher in the context of the R2games Affiliate Program without notice. Once cancellation has occurred, R2games has the right to close the publisher account. Closure of the publisher account also constitutes conclusive evidence of extraordinary termination. 10.4. R2games is not required to inform the publisher of the closure of their account in an official manner. 10.5. If a publisher account is closed and the publisher is due remuneration of €50.00 or more, this payment shall be made. In the event that the publisher account has been closed and the publisher is due remuneration of under €50.00, no payment shall be made. In such cases, the publisher is not entitled to any payment. 10.6. The publisher is obligated to remove all R2games Affiliate Program hyperlinks from any and all their websites as soon as the contract termination has occurred. 10.7. Once a contract has been terminated, absolutely no payments will be made, even if the publisher neglects to remove any hyperlinks from their website despite their obligation to do so. 10.8. A publisher whose account has been closed is not permitted to register again for the R2games Affiliate Program. Should the publisher choose to ignore this regulation, they are obligated to provide R2games with compensation. R2games is entitled to claim a maximum contractual penalty equivalent to the amount of commission paid out to the publisher by R2games in the past 12 months. 11. Liability/Limitation of liability 11.1. R2games neither guarantees nor are they liable for the correctness and/or integrity of publisher website content. 11.2. The publisher releases R2games from any and all liability regarding claims to the effect that publisher advertising infringes upon applicable laws or the rights of third parties which could be brought against R2games by third parties. 11.3. R2games may be held liable only to insofar as they or their employees, representatives or contracted agents are guilty of wilful or gross negligence. 12. Data privacy 12.1. R2games shall only save the publishers’personal data for the purpose of carrying out or modifying the contractual obligations. Only the name, address, telephone/fax number, e-mail address and bank account information, publisher domain name and relevant Affiliate Programs are saved. Any forwarding of this information to third parties is only permitted if it occurs for the purposes of carrying out and processing the contractual obligations. 12.2. R2games treats all publisher personal data in accordance with the relevant data protection standards. 12.3. Additionally, personal data is only collected, processed or used when it is necessary in order to make it possible for the user to receive servicesor to remunerate fulfilled contractual obligations. 13. General clauses 13.1. R2games reserves the right to adapt or modfy these Terms & Conditions at any time. The publisher must however be informed in writing of any and all modifications. If the publisher does not reject these modifications in the proper form and within two calendar weeks of receiving written notice of the modifications, the modifications will be considered to have been accepted by the publisher. If the publisher does reject these modifications, they must do so in writing and within the deadline. R2games shall reiterate the deadline and written form requirements in the notice of modification. 13.2. Should any provision in these Terms & Conditions be or become invalid, the remaining provisions of this agreement shall remain valid. A reasonable clause which is as close as possible to what both contracting parties desired should replace the invalid clause. APPENDIX 1 Search-engine keywords - R2GAMES: R2games R2game Crystal Saga
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