Referral Program Terms and Conditions
Please read the entire agreement. You may print this page for your records. This is a legal agreement between you and Market.Game. By referring users to Market.Game, you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.
This agreement contains the complete terms and conditions that apply to you participating in Market.Game’s referral program. The purpose of this agreement is to allow you to invite other users to Market.Game website using your referral code. Please note that throughout this
- Referral Obligations
2.1. Your referral code is generated automatically and can be viewed in your panel.
We may cancel your application or suspend your account if we determine that your referral methods are unsuitable for our program, including if it:
2.1.1. Promotes sexually explicit materials;
2.1.2. Promotes violence;
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
2.1.4. Promotes illegal activities;
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law;
2.1.6. Includes “Market.Game” or variations or misspellings thereof in its domain name;
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethnically or otherwise objectionable to us in our sole discretion;
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program;
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Market.Game or any other affiliated business;
2.1.10 You will not refer traffic from low quality sources such as ad.fly, url shorteners, pop unders, pop up traffic or any other low-quality traffic source. We will at our sole discretion review the sources of traffic and determine if they are harmful to us. Using these methods will lead to immediate termination of your account and will result in revoking 100% of your commissions.
2.2. As a member of Market.Game’s referral program, you will have access to related stats Gem history section in your panel.
2.3. Market.Game reserves the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third-party rights.
- Market.Game’s Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this agreement. We may notify you of any changes to your site that we feel should be made or to make sure that your link is appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Market.Game referral program.
3.2. Market.Game reserves the right to terminate this agreement and your participation in the Market.Game referral program immediately and without notice to you, should you commit fraud in your use of the Market.Game referral program or should you abuse this program in any way. If such fraud or abuse is detected, Market.Game shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your affiliate application and will continue unless terminated hereunder.
Either you or we may end this agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this agreement will terminate immediately upon any breach of this agreement by you.
We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to changes in the payment procedures and Market.Game referral program rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in se Market.Game’s referral program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.
Market.Game pays its commissions based on our developer terms and conditions. Kindly review the developer payment terms and conditions.
- Access to Affiliate Account Interface
You will find access to your referral statistics under your Gem History tab in your dashboard area on Market.Game. There, you will be able to see how you have earned gems so far (including referrals).
- Promotion Restrictions
You are free to promote your own web sites, but naturally any promotion that mentions Market.Game could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Market.Game. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name or your return email address. You may use mailings to customers to promote Market.Game so long as the recipient is already a customer or subscriber of your services or website and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Market.Game so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from Market.Game. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this agreement and your participation in the Market.Game referral program and such damages may also lead to denying you of any product sale earnings that you have on the site. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
- Grant of Licenses
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this agreement, each party retains all right, title, and interest to its respective rights and no right, title or interest is transferred to the other.
Market.Game makes no express or implied representations or warranties regarding Market.Game service and website or the products or services provided therein, any implied warranties of Market.Game 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 site will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors.
- Representations and Warranties
You represent and warrant that:
11.1. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title and interest in and to the rights granted to us in this agreement.
- Limitations of Liability
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 in this agreement, in no event shall Market.Game’s cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
You hereby agree to indemnify and hold harmless Market.Game and its subsidiaries and affiliates and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “losses”) insofar as such losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial and customer information, disclosed by one party to the other during negotiation or the effective term of this agreement which is marked “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.
15.1. You agree that you are an independent contractor and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Market.Game. 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 site or any other site or otherwise, that reasonably would contradict anything in this section.
15.2. Neither party may assign its rights or obligations under this agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. You may not amend or waive any provision of this agreement unless in writing and signed by both parties.
15.4. This agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
15.5. The headings and titles contained in this agreement are included for convenience only and shall not limit or otherwise affect the terms of this agreement.
15.6. If any provision of this agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated and the remainder of this agreement shall have full force and effect.