4.1 The Affiliate will be solely responsible for the development, operation, and maintenance of the Affiliate website(s), including WAP sites, (Affiliate Sites) and for all materials that appear thereon. For example, the Affiliate will be solely responsible for ensuring that materials posted on the Affiliate Sites are not libellous or otherwise illegal. Quasargaming.com has no obligation whatsoever to review the contents on the Affiliate Sites and disclaims all liability for these matters. Further, the Affiliate will indemnify and hold Quasargaming.com harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and content of the Affiliate Sites.
4.2 All Marketing Tools must be properly tagged with the corresponding Affiliates IDs (Affiliate Banner Tag). The Affiliate will only be compensated for Players that are correctly tagged with the Affiliate Tag. It is the sole responsibility of the Affiliate to ensure the correct usage of the Affiliate Tag in all of the Marketing Tools, as provided by Quasargaming.com.
4.3 The Affiliate is prohibited from using banners, links and advertisements, other than those specifically provided by Quasargaming.com, unless express, prior written approval is obtained from the Affiliate Program manager. In addition, the Affiliate may not modify the Marketing Tools in any manner. Failure to comply will result in the immediate effect of termination of his affiliate account.
4.4 The Affiliate is responsible for ensuring that all the material posted on the Affiliate Site is legal and does not violate the rights of any third party. In addition, it is the responsibility of the Affiliate to ensure that the Affiliate Site does not contain any content or information that (i) is aimed at children or minors, (ii) promotes sexually explicit materials, (iii) promotes violence, (iv) promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, or (v) promotes illegal activities.
4.5 The Affiliate is prohibited from placing any Marketing Tools in unsolicited emails, or any unauthorized forms of marketing. Players, who are generated through either illegal or unauthorized means, as determined by Quasargaming.com at its sole discretion, will not be calculated in the Affiliate’s commission. The Affiliate’s breach of this Section 4.5 shall constitute grounds for Quasargaming.com immediate termination of this Agreement without notice to the Affiliate.
4.6 No Affiliate may participate in or be involved, either directly or indirectly, in the planning, generation, processing or dissemination of SPAM (unsolicited emails). Any form of SPAM will result in the commencement of a review and investigation of the Affiliate’s conduct within the Affiliate Program, as well as withholding any commissions pending the outcome of the investigation.
4.7 The marketing opportunity presented in this Affiliate Program is for commercial use only, and the Affiliate, its family members, friends or associates may not make purchases, directly or indirectly, through the Affiliate Tag for the Affiliates own personal use or to fraudulently increase the commissions payable to the Affiliate. Notwithstanding these provisions the Affiliate is entitled and even encouraged to test a limited number of transactions in Quasargaming.com’s website for evaluation, non-commercial purposes only. Transactions made in violation of this provision will be deemed fraudulent behaviour and will be deducted from the Affiliate’s commissions and payments as set forth in Section 5 below.
4.8 The Affiliate shall not benefit from known, suspected or even unknown Player traffic that is generated dishonestly, whether or not it results in damage to the Clients and/or Quasargaming.com. For purposes of clarification and not limitation, if a Player, directed to a Quasargaming.com with the Affiliate Tag, engages in fraudulent behaviour, Quasargaming.com reserves the right to withhold or retract the commissions paid to the Affiliate for such Player. Quasargaming.com’s decision in this regard will be final and binding.
4.9 Under no circumstances shall an Affiliate use or attempt to use any domain names to promote the brands which are or could be confusingly similar to the domain names registered by Quasargaming.com. For purposes of clarification and not limitation, Affiliates may not use domain names which are identical or sound, appear or differ slightly from any of the Quasargaming.com domain names. Affiliate’s breach of this Section 3(j), as determined by Quasargaming.com, shall constitute grounds for Quasargaming.com immediate termination of this Agreement without notice to the Affiliate and forfeiture of any commission owed, in addition to any other rights or remedies available to Quasargaming.com under this Agreement or at law.