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DEFINITIONS
“WLL.” And/or “we” means worldlotterylive.com
“Member” means any member of WLL. Affiliate program
“The program” means WLL.com Affiliate program
“WLL. Websites” means the websites at: http://uklotterylive.com and http://euroMillionslive.com And all sub pages thereof excluding links to external sites
“Banner” means any banner, picture or button placed by WLL on a members Website, whereby any customer of the member accessing the members Website may access WLL.’s website by clicking such banner, picture or button.
“Ticket” means entries for UK and EuroMillions lotteries purchased from WLL
GENERAL
1. Both parties contract only on the basis of these terms and conditions, which shall supercede any oral agreement which may have been entered into between them. No act of indulgence, relaxation or grace shall in any way operate as, or be a waiver of any parties’ rights hereunder.
2. These terms and conditions may be unilaterally altered by WLL from time to time. Notice of any such alteration will be posted on the website of WLL. Therefore all Affiliates are required to review the terms and conditions on a regular basis. The amended terms and conditions constitute the entire and whole agreement and will be binding on the members as soon as such alteration has been made.
3. The member acknowledges that no inducement has been made by or on behalf of WLL, its employees or any duly authorized representative to become a member.
MEMBERSHIP
4. On completion of the relevant forms approved by WLL membership shall commence and these terms and conditions shall become binding on the Member.
5. The member shall then receive a banner of their choice, and referrals, on their Website. The banner shall be linked to WLL.’s website.
6. Membership may be terminated by either the member or WLL, by giving 3 (Three) months written notice of intention to terminate. All links, referrals and banners related to WLL must be removed form the members website upon termination.
PAYMENT
7. All ticket sales from the members websites will be monitored and the member will be paid a commission, which will be earned and assessed on a monthly basis according to the total number of tickets sold across all WLL sites, based on the following commission structure:
| Tickets Purchased |
Commission |
| 10 – 50 tickets |
15% |
| 51 – 151 Tickets |
17% |
| 151 – 250 Tickets |
19%
|
| 251 – 500 Tickets |
21% |
| 501 – 650 Tickets |
23% |
| 651 Tickets and above |
25% |
All ticket sales will be monitored subject to the following conditions:
8. Commissions will not be paid to members who purchase tickets for themselves.
9. WLL shall from time to time offer tickets at a discount and members commission will be calculated at this discount.
10. No commission will be paid on any tickets unlawfully obtained i.e. Tickets obtained from fraudulent credit cards.
11. Once commission has been calculated, the results will be audited. The audit may arrive at a different commission. The commission calculated by the audit shall be deemed to be the correct commission.
12. The commission shall be calculated at month end and paid into the members account by the 15th day of the next month.
13. A statement shall be provided each month indicating the number of tickets sold, the rate of commission and the commission earned that month. The statement shall be deemed to be correct should there be objections thereto within 7 (seven) days thereafter.
14. Should any dispute arise between the member and WLL, such dispute will be heard before an Arbitrator.
15. Should the member intend to nominate any sub-affiliate’s and amend the commission structure for such sub-affiliate’s, then such member must obtain written permission from WLL. The member must provide WLL with the amended commission structure and a list of sub-affiliates. The member is responsible for the sub-affiliates and may stipulate the percentage commission the sub-affiliate may earn.
MEMBERS OBLIGATIONS
16. The member will be responsible for the setting up of all links on his website, maintaining them and ensuring that they contain the members unique affiliate ID code at all times. WLL will not credit any member with any sales should that members website contain a defective link.
17. Members agree that they will not utilize WLL.’s website or services or any component of their program to:
a. Upload, post, link to or otherwise transmit any content that is unlawful or illegal;
b. Upload, post, link to or transmit any content that is threatening, harmful, abusive, defamatory, vulgar, obscene or otherwise objectionable;
c. Upload, post, link or to otherwise transmit any content that constitutes harassment or hate speech, or which is invasive of the privacy of another;
d. Harm or unfairly target minors;
e. Stalk or harass third parties;
f. Impersonate WLL or pass-off any service provided by WLL as their own or otherwise misrepresent their association with WLL.
g. Take any measures to disguise the origin of any content provided on WLL websites
18. Members will responsible for advertising and promoting WLL.’s websites and more specifically, for directing visitors to the WLL websites.
19. All creative material used for any advertising or promotion purposes, whether online or offline: will be provided by WLL. Where a member wants to use alternative creative material, it must be approved by WLL in writing beforehand.
20. Advertising material on a members website(s) may be placed wherever he deems it most effective.
21. Members may use whatever online marketing tools are available to them including Pay per click (PPC) and Search Engine Optimization (SEO).
22. Unsolicited commercial e-mail or unsolicited bulk e-mail campaigns (SPAM) are strictly prohibited.
WORLDLOTTERYLIVE’S OBLIGATIONS
23. WLL undertakes to handle all orders placed by visitors referred from a members website.
24. WLL will be responsible for all aspects of order processing including entry, shipping, payment cancellation and related customer service.
25. WLL will provide members with all creative material needed to advertise and promote the WLL websites.
26. WLL may, at its own discretion, assist members with advertising and marketing strategies and provide any other assistance to members to generate more referrals to WLL websites, including the running of competitions, online promotions, campaigns, print media campaigns and press releases.
BREACH
27. Should either party commit any material breach of this agreement or default in the performance of the provisions of any of these terms and conditions and where there is no specific period in which such breach may be remedied, the defaulting party may have 14 (fourteen) days in which to remedy such breach from the date of receiving written notice thereof to remedy such breach, and if such default is not rectified within the said 14 (fourteen) days, then the non-defaulting party shall be entitled, but not obliged, without prejudice, to any other rights or remedies that the non-defaulting party may have in law, including the right to claim damages, either:
a. To cancel the members membership:
b. To claim immediate performance and/or payment of all the defaulting party’s obligations in terms hereof:
c. In the event that any party commits a breach as aforesaid, and the non-defaulting party consulting with or instructing his attorney in relation to the breach, then the defaulting party shall be responsible for payment of all the non-defaulting party’s legal costs on Attorney and client scale as laid down by the Law Society of the United Kingdom.
ARBITRATION
28. Should a dispute arise out of or in connection with these terms and conditions or which relates in any way to the members membership of this program, any party to such dispute will be entitled to require written notice to the other party that the dispute be submitted to arbitration in terms of this paragraph.
29. The arbitration shall be held in London under the provisions of the Arbitration laws in force for the time being in the United Kingdom, provided that:
a. The Arbitrator shall be, if the issue in question is;
i) Primarily a legal matter, a practicing Queens Council or a Solicitor with at least 10 (ten) years experience:
ii) Primarily an accounting matter, a practicing accountant with at least 10 (ten) years experience:
iii) Any other matter, a suitably qualified independent person agreed upon by both parties, or failing such agreement, within 7 (seven) days after which arbitration was demanded the President for the time being of the Law Society of the United Kingdom, who may be requested by either of the parties to make the appointment at any time after the expiry of such period.
b. The Arbitrator shall be entitled:
i) To investigate or cause to be investigated any matter which he considers necessary in terms of the dispute and for that purpose shall have the widest powers to investigate any books and records from any party to the dispute.
ii) To interview and question, under oath, any representative of any party and/or any director or officer of any of the parties.
iii) To decide or make a ruling on the dispute in a manner which he/she considers to be just and equitable.
iv) To make such award, including for specific performance, damages or any other award as he/she may in his/her discretion deem fit.
c. The arbitration shall be held as quickly as possible with a view to completing it within 60 (sixty) days after it has been so requested.
d. Immediately after the Arbitrator has been agreed upon or selected, any of the parties to the dispute may call upon the Arbitrator to fix a date and a place where and when the arbitration shall be held in order to settle the manner and procedure in which the arbitration will be held:
e. Any order or award that may be made by the Arbitrator; shall be carried into effect, and; made an order of court of the jurisdiction to which the parties to the dispute are subject; and shall be final and binding on the parties with right of appeal to the High Court.
INDEMNITY
30. Members agree to indemnify and hold harmless WLL, its directors, officers, agents supplier, ISP’s, affiliates or partners, from any demand, action or application, or any other proceedings including Solicitor/ Attorney’s fees or any related costs made by a third party, and arising out of, or in connection with, the third party’s use of WLL.’s website or, for any other cause relating to The program or the member’s membership thereof.
MONITORING AND INTERCEPTION OF DATA MESSAGES
31. In order to ensure a secure and relevant website, and where required to do so under law, WLL shall monitor or intercept electronic communication such as emails which are sent to its website. To the full extent necessary under the law, the user hereby acknowledges that he/she is aware of such monitoring and/or interception and consents thereto.
COPYRIGHT AND INTELLECTUAL PROPERTY PROTECTION
32. Copyright subsists in all information, designs, images, source codes, documents and other original material contained in WLL.’s website(s). WLL reserves all rights including moral rights in this respect.
33. WLL provides its members with a non-exclusive, non-assignable and non-transferable license to use, print, and display all content and information belonging to WLL for the purposes of the program.
34. If a member ascertains that all of WLL.’s material is being infringed by a third then the member must inform WLL thereof, so that WLL may institute infringement proceedings forthwith.
PRIVACY OF INFORMATION
35. WLL hereby confirms that it respects and holds private information belonging to a member. WLL also confirms that no such information shall be passed or sold to any third party.
DISCLAIMER
36. WLL makes no representations or warranties, express or implied, including but not limited to, warranties as to the suitability or correctness or either the WLL websites, or the information in it.
37. WLL, its officers, employees, suppliers, ISP’s, partners, affiliates or agents, shall not be liable for any damage, loss or liability, howsoever arising incurred by members, visitors or users or any other persons, resulting from the use or inability to use the WLL websites.
38. WLL disclaims all responsibility or liability for any damages, including but not limited to any direct economic consequential loss or loss of profits resulting from the use of this site(s) by any member.
39. WLL has no control over third party content and features, which can be accessed through the use of its website, and does not examine or edit such content and features or act as agent for third parties through its website. WLL disclaims any liability whatsoever for any loss or damage arising from the use of third party websites and features, including, but not limited to, the members website.
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