Operator Terms & Conditions
This document (hereafter referred to as the ‘Agreement’) contains the Terms and Conditions which shall govern the Parties business and contractual relationship.
The Parties are
a) Right Casino Media Limited, a company registered in England with a registered office of 153 Fenchurch Street, London, EC3M 6BB and a company registration number 07381409 (hereafter referred to as ‘RCM’); and
b) The company whose details are stated in the registration form (hereafter referred to as the ‘Operator’).
Whereas RCM own and manage the website Rightcasino.com which offers comparison facilities for gambling websites and their introductory or special offers, bonuses and incentives.
And whereas the Operator wishes to be included in the results generated by the website.
Terms and Conditions
1. Both Parties shall enter this Agreement as a business, with the utmost good faith and intentions, and shall not attempt to circumvent the provisions of this Agreement.
2. The Agreement shall not commence until all of the following have been completed –
a. the Operator submitting and completing a registration form (offer to contract); and
b. RCM providing a confirmation of registration (acceptance of the offer) and
c. The Operator opening an affiliate account for RCM.
d. The Operator paying the registration fee, unless waived.
3. The Agreement constitutes the entire Agreement between the parties and supersedes all previous Agreements, understanding or representations (written or oral) between the parties in relation to its subject-matter.
4. Both Parties acknowledge that in entering into this Agreement it has not relied on any statement, representation, understanding, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement, however nothing in the Agreement or its terms shall limit or exclude liability for Fraud, whether the Fraud was committed before, during or after the Agreement was executed.
5. Any documents or forms that are not expressly stated as forming part of this Agreement are for convenience and administrative purposes only and shall not affect, replace or supersede any provision of this Agreement.
6. The Agreement does not create any agency, representative, partnership, fiduciary or employment relationship.
7. Both parties warrant that they shall immediately serve notice upon the other, advising of any occurrence or development which has, or may have a material impact on their ability to perform their contractual or legal obligations
8. RCM may amend this Agreement at any time –
8.1. to comply with Laws, regulations, codes or standards;
8.2. to comply with an order from a court of Law;
8.3. to correct any errors;
8.4. to update following the introduction of new products or services;
8.5. to update to take into account evolving technologies;
8.6. when considered necessary or appropriate to remain commercially competitive and viable.
9. Where these Terms and conditions are amended, RCM shall provide notice by email and publish a notice on the Rightcasino.com website not less than 30 days before the changes take effect. Where the Operator does not consent to any amendment the Operator is free to terminate the Agreement without charge or penalty, but will be liable for any charges incurred up to the date of termination.
10. Where the Operator does not terminate this Agreement before the date the changes take effect the Operator is deemed to have accepted the changes unless express consent is specifically required or requested.
11. To be included in the user search results when using the comparison features the Operator must register with RCM by completing an application form. The application form must include a link an affiliate account created by the Operator for the purpose of tracking and recording referrals of customers and a copy of the Operators standard affiliate Terms and Conditions.
12. It is acknowledged, understood and accepted that in the event of a conflict between these Terms & Conditions and the Operators standard affiliate Terms & Conditions, these Terms and Conditions shall preside and amend the Operators Terms & Conditions accordingly.
13. The information and detail the Operator provides when making an application for Registration must be true, accurate and not misleading in any way, using inaccurate, misrepresentative or fraudulent information may result this agreement being terminated and investigations or actions from a relevant authority
14. Upon receipt of a completed application form RCM shall review the information provided and, at their sole discretion shall accept or decline the application. RCM shall provide the Operator with notice of that decision.
15. If accepted and subject to the performance of paragraph 2, RCM shall add the Operator’s details and information to the data used to provide the search results.
16. The Operator must keep the account details up to date inform RCM of any changes, an administration fee may be applicable to change the account holder’s details.
17. It shall be the Operator’s sole responsibility to keep any identification, password or any other confidential information relating to and accessing their account secure and secret. The Operator shall inform RCM immediately of any known or suspected unauthorised use, disclosure, theft or loss of their password or other security information.
18. An Operators account is not transferable.
19. RCM shall include the Operators details in a database. Users of the RCM website can input their specific requirements and receive results, listed in order determined by algorisms.
20. The User may, at their discretion, join the Operators online gambling website by clicking an affiliate link to record the source of referrer.
21. In the event that a User joins the Operators website, the Operator shall maintain records of the Users activities, and such records and statistics shall be available to RCM via the Operators affiliate portal.
22. The Operator warrants, represents and undertakes that they shall only use the Services for lawful purposes. RCM reserve the right to, but are not obliged to monitor the Operator’s activities and website to ensure compliance with these Terms and Conditions and any published policies or codes.
23. RCM will use every reasonable endeavour to ensure the integrity and security of the Server and the Operator shall not attempt to circumvent or interfere with any security software, however RCM cannot guarantee that the Server will be free from unauthorized users or hackers and shall be under no liability whatsoever for non-receipt or misrouting of files, data or email.
24. RCM will make all reasonable endeavours to maintain continuous access to the website and comparison facilities, however the operation and availability of the website and services may be interrupted or interfered with, and RCM cannot give any warranties or guarantees nor be liable in contract, law or tort, including negligence for loss or damages in respect of an inability to access the website, the Services or any damaged/corrupt data.
25. It is necessary for RCM to update and upgrade the website, comparison facilities and underlying server software from time to time, to add new features, maintenance, security and keep up with technological advances. This may result in downtime and RCM are not able to guarantee that upgrades or updates are compatible with any third party scripts, code or software used by the Operator. The Operator shall hold RCM harmless and fully indemnify RCM against any claims for losses or damages in contract, law or tort, including negligence resulting downtime or compatibility issues
Fees and Payments
26. In consideration of providing the services and inclusion in the search results, RCM shall be entitled to receive, and the Operator obliged to pay, the fees and charges stated herein or otherwise agreed in writing.
27. The fees and charges are –
a. A registration fee of £995, payable immediately upon receipt of a notice that the Operator’s application for registration and inclusion has been accepted. The Operator’s details shall not be added to the comparison feature until this payment has been received.
b. A monthly commission equal to 35% (unless otherwise agreed and stated in writing) of gambling losses made by all customers referred via the affiliate program, less all winnings of those customers. The account shall be on a ‘no negative carry over basis’, in the interest of clarity this means the account shall be set to zero on the first day of each month, any negative balance (where winnings exceeds deposits) shall not carry over to the following month. Payment shall be due 28 days after the last day of each month.
28. RCM reserve the right to change the fees or fee structure at any time, notice of any changes will be provided the Operator at least 28 days before the changes take effect. Where RCM provide notice of such changes and the Operator does not terminate the Agreement before the changes take effect then the Operator shall be deemed to have accepted the new charges.
29. Where any fees are not paid on the date they are due for payment RCM may–
a. Withdraw or suspend inclusion in the comparison feature.
b. Charge interest and compensation in accordance with the Late Payments of Commercial Debts (Interest) Act 1998.
c. Terminate this Agreement where any amount is outstanding for more than 30 days.
d. Use any method available, including the use of third parties to recover any amount due and recover any costs, legal fees and court costs that are necessary.
30. This Agreement shall terminate –
a. by either Party giving notice to the other Party of not less than 1 month.
b. for any material breach of this Agreement that cannot be rectified and remedied within 7 days, unless a shorter period is provided for within this Agreement or the circumstances warrant a shorter period.
c. If the affiliate agreement or program is closed, terminated or otherwise not operative.
d. immediately should either Party become incapable of performing their obligations due to death, incapacity, bankruptcy, insolvency or winding up.
e. immediately in the event that either Party is, or becomes involved in any criminal activity, whether connected to this Agreement or not.
31. When this Agreement is terminated,
a. Unless otherwise stated, both parties shall be relieved of their contractual obligations however termination shall not affect or reduce any accrued right, obligations or benefits up to the date of termination;
b. inclusion in the comparison feature shall end;
c. the affiliate agreement with the Operator shall end and any accrued earnings shall become immediately due;
d. any webpage, images, data and account details will be deleted, except information which needs to be retained by for legal or administration purposes;
e. Any rights or obligations that by their nature, intent, purpose or by specific contractual reference survive termination shall continue to have full effect
Liabilities and indemnities
32. Both Parties acknowledge and agree that, to the fullest extent permitted by Law, each Party, any parent or subsidiary company, and its directors, shareholders, employees, affiliates, partners, advisors, consultants or representatives shall not be liable, and each Party shall fully indemnify the other Party from claims of direct or indirect damages, including but not limited to incidental, special, consequential, exemplary or punitive damages, costs, expenses, loss of profits, goodwill, data or damage to equipment or furniture, whether such claims are under statute, equity or tort (including but not limited to negligence) as a result using the comparison features of the RCM website.
33. If the Operator is dissatisfied with any aspect of the services that RCM cannot resolve then the sole and exclusive remedy is the discontinuation of the Operator’s use of the services.
34. Notwithstanding any provisions herein or any liabilities that cannot be excluded in Law the total liability to of either Party shall never exceed the total amount of fees and charges due.
35. Nothing in this contract shall exclude liability for fraud or death / personal injury resulting from negligence.
36. Neither party shall be held in breach of this agreement, or held liable in damages for any event, delay or default resulting from Force Majeure event (A force of nature or ‘Act of God’) or conditions which do not arise as a result of a breach of a duty of care or negligence, including but not limited to adverse weather, war, strikes, fires, floods, governmental restrictions, power failures, failure of suppliers, sub-contractors or carriers, interruptions to the flow of data over the internet, failure of telecommunications networks or other causes beyond the reasonable control of the party, providing that the party experiencing the difficulty provides prompt written notification.
37. Any notices necessary or required under the provisions of this agreement shall be served by hand or by way of recorded delivery mail or courier service or electronic mail.
38. Notices shall be deemed to have been served immediately if by hand, upon signing if by recorded delivery or courier, or 1 hour after sending an electronic mail if the electronic mail has not been returned undelivered.
Law and jurisdiction
39. This Agreement is available in the English language, where it is translated into any other language the English version shall always prevail.
41. Unless expressly stated a person or company who is not party to the Agreement shall not have any rights, benefits or obligations under this Guarantee or any part of it, under the Contract (Rights of Third Parties) Act 1999.
42. No forbearance, indulgence, relaxing, inaction or delay in either party enforcing performance, its contractual or legal rights shall prejudice, restrict or otherwise adversely affect the rights of that party to enforce its rights at a later date or later breach.
43. If any provision of this agreement is, or shall become invalid or unenforceable in the opinion of a court of Law it shall in no way affect or diminish the remainder of the agreement and it shall remain valid and enforceable to the fullest extent permitted by Law. Both parties shall seek and agree an alternative provision that is valid and enforceable and reflects the intent of the original term.
44. The validity, construction and performance of this agreement shall be governed by the Law and subject to the exclusive jurisdiction of the courts of England and Wales.