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R.M Royal Media Ltd upholds the most respect and appreciation to all its Affiliates. We hereby welcome you to be part of our team.
* 1. GENERAL.
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o 1.1. This Affiliate Agreement (the "Agreement") was last updated on November 18th 2007.
o 1.2. This Agreement contains the complete terms and conditions between ourselves, R.M Royal Media Ltd ("RummyRoyal" or "we"), and you, regarding your application to participate as an affiliate ("Affiliate") of RummyRoyal Affiliate Program.
o 1.3. As an affiliate your role will be to market and promote the "RummyRoyal.com" website including its applications (the "Site").
o 1.4. Execution by you of this Agreement as set forth below constitutes your acceptance of the terms and conditions of this Agreement, and will be a legally binding agreement between you and us.
o 1.5. If you do not wish to accept all the terms and conditions of this Agreement, then do not market or promote the Site. Any unauthorized or voluntary marketing or promotion without accepting the Terms & Conditions of this Agreement is at your sole risk and you will be exposed to any further legal actions as we deem appropriate.
* 8. CONTACT WITH REAL PLAYERS.
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o 8.1. All Real Players shall be considered to be customers of RummyRoyal only. Should you wish to contact a Real Player you are obligated to first receive RummyRoyal`s written approval for such contact and without such approval you are expressly forbidden from making contact and corresponding with Real Players.
o 8.2. If in the opinion of RummyRoyal you either try to or do make contact with a Real Player without RummyRoyal`s written approval, RummyRoyal shall be entitled to immediately terminate this Agreement and to indefinitely withhold the balance owing to you at such time. Further, if following your receipt of RummyRoyal`s written approval for your contacting or corresponding with a Real Player, RummyRoyal deems that such contact or correspondence is against the best interests of RummyRoyal; RummyRoyal shall have the right to revoke the approval previously granted, to terminate this Agreement and to indefinitely withhold the balance owing to you at such time.
* 9. INTELLECTUAL PROPERTY.
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o 9.1. In the event of your acceptance to the Affiliate Program, we shall grant you a non-transferable, non-exclusive, revocable license to market and promote the Site and to place Marketing Materials on your site during the term of this Agreement, and solely in connection with the promotion of the Site, to use our logos, trade names, trademarks, service marks and similar identifying material (collectively, "Licensed Materials"). You are not permitted to alter, modify or change the Licensed Material in any way whatsoever.
o 9.2. You may not use any Licensed Materials for purposes other than marketing and promoting the Site, without first submitting a sample of such use to us and receiving our prior written consent.
o 9.3. You are not permitted to use the Licensed Materials in any manner that is disparaging or that otherwise portrays RummyRoyal or anyone else negatively.
o 9.4. We may revoke your license to use the Licensed Materials at any time by written notice to you. You acknowledge that, except for the license which may be granted to you in connection hereto, you have not acquired and will not acquire any right, interest or title to the Links or the Licensed Materials by reason of this Agreement or your activities hereunder. The aforementioned license shall terminate upon the termination of this Agreement.
* 10. SUB-AFFILIATE PROGRAM.
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o 10.1. You may introduce potential Sub-Affiliates to RummyRoyal. Potential Sub-Affiliates will be required to submit a completed Affiliate Program Application and to declare, together with the application, which existing Affiliate referred him, and shall only be entitled to name one such referring Affiliate.
o 10.2. RummyRoyal will evaluate the Sub-Affiliate application and in the event that the application is accepted you will be notified of our acceptance of the Sub-Affiliate introduced by you. We reserve the right, in our sole discretion, to reject a Sub-Affiliate application.
* 11. SUB-AFFILIATE AGREEMENT.
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o 11.1. As a condition to our acceptance of a Sub-Affiliate to the RummyRoyal Affiliate Program, each Sub-Affiliate will be required to accept the RummyRoyal Affiliate Agreement above.
* 12. SUB-AFFILIATE COMMISSIONS.
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o 12.1. Sub-Affiliate compensation exists only in the Revenue Share Payment Plan.
o 12.2. Sub-Affiliates shall receive commissions from RummyRoyal in accordance with the Commission/Revenue Share plan as specified in Appendix B.
o 12.3 You will be entitled to receive commissions from RummyRoyal in relation and proportion to commissions received by Sub-Affiliates introduced by you (a "Sub-Affiliate Commission").
o 12.3. Your Sub-Affiliate Commissions shall be as follows:
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Sub-Affiliate Commission (% of Commission received by the Sub-Affiliate according to section 12.2)
Tier 1 15%
Tier 2 3%
Tier 3 1%
Tier 4 0.5%
* 13. RESTRICTIONS.
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o 13.1. In relation to Sub-Affiliates you are strictly prohibited from doing any of the following: (i) introducing yourself or a family member as a Sub-Affiliate, (ii) offering or providing a Sub-Affiliate or potential Sub-Affiliate any unapproved incentive (financial or otherwise) to act as or become a Sub-Affiliate, (iii) attempt to use the Sub-Affiliate program in any way whatsoever in bad faith against RummyRoyal.
* 14. OBLIGATIONS REGARDING YOUR SITE.
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o 14.1. You will be solely responsible for the technical operation of your site and the accuracy and appropriateness of materials posted on therein. You agree that your site will not, in any way, copy or resemble the look and feel of the Site nor will you create the impression that your site is the Site.
o 14.2. You also agree that your site will not contain any content of the Site or any materials which are proprietary to RummyRoyal, except (i) with our prior permission, or (ii) materials obtained by you via the Affiliate Program information site in accordance with the provisions hereof or the policies or instructions therein.
o 14.3. You will indemnify and hold RummyRoyal harmless from all claims, damages, and expenses (including, without limitation, attorney`s fees and expert witness fees) relating to the development, operation, maintenance, and contents of your site or any materials, products or services linked to therein.
o 14.4. You hereby acknowledge that your conduct as an Affiliate shall reflect on RummyRoyal and has the potential to cause substantial damage to RummyRoyal`s reputation and goodwill and that you shall at all times consider the goodwill and reputation of RummyRoyal and RummyRoyal`s name.
* 15. TERM AND TERMINATION.
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o 15.1. The term of this Agreement will begin upon your acceptance to the Affiliate Program and will end when terminated