Last revised September 25, 2019
The following terms and conditions reflect the obligations of you, the WEBMASTER (herein after called "WEBMASTER", "you", "your", and "yours") and of GAMMA ENTERTAINMENT INC. (here after called "Gamma", "Company", "we", "us", and "our") when a WEBMASTER uses one of Gamma's publicity programs to promote Gamma's websites. All conditions must be adhered to and are legally binding.
BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS HEREIN AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
There are two types of programs: Pay-per-sign-up or Revshare.
The type of program may be selected by the WEBMASTER, with exception if the WEBMASTER is located within a geographically location that is restricted below.
The WEBMASTER is restricted to Revshare only, if the sale concluded does NOT originate from the following countries:
Australia (AU), Austria (AT), Bahamas (BS), Belgium (BE), Belize (BZ), Bouvet Island (BV), Canada (CA), Costa Rica (CR), Croatia (HR), Curacao (CW), Czech Republic (CZ), Denmark (DK), Estonia (EE), Finland (FI), France (FR), French Guiana (GF), French Southern Territories (TF), Germany (DE), Gibraltar (GI), Greece (GR), Greenland (GL), Hong Kong (HK), Hungary (HU), Iceland (IS), Indonesia (ID), Ireland (IE), Isle of Man (IM), Israel (IL), Italy (IT), Japan (JP), Lithuania (LT), Luxembourg (LU), Macao (MO), Malaysia (MY), Maldives (MV), Mali (ML), Monaco (MC), Netherlands (NL), Netherlands Antilles (AN), New Zealand (NZ), Norway (NO), Poland (PL), Portugal (PT), Puerto Rico (PR), Seychelles (SC), Singapore (SG), Slovakia (SK), Slovenia (SI), South Africa (ZA), Spain (ES), Swaziland (SZ), Sweden (SE), Switzerland (CH), Turkey (TR), Turks and Caicos Islands (TC), United Arab Emirates (AE), United Kingdom (GB), United States (US), Virgin Islands, British (VG), and Virgin Islands, U.S. (VI).
Either you or we may end this agreement AT ANY TIME, with or without cause, by giving the other party a written notice. In addition, this agreement will terminate immediately upon any breach of this Agreement by you.
You may not assign this agreement, by operation of law or otherwise, without our prior written consent of Gamma. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
We may modify any of the terms and conditions at any time and at our sole discretion.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party during of this Agreement is considered as "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
GAMMA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR WEBSITES OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OUR WEBSITE'S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED HERETO, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL PAYMENTS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Gamma and WEBMASTER are 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 affiliate website or otherwise, that contradicts anything in herein.