1. You must not
send any Electronic Messages containing AusVegas Material:
(a) to any person who, to the best of your knowledge, resides in Australia;
(b) to any person who is under 18 years of age;
(c) to any person who has not willingly entered his/her e-mail address on your
website or otherwise registered to receive such Electronic Messages;
(d) without our prior written consent; or
(e) to email lists created using address-harvesting software.
2. You may only send Electronic Messages containing AusVegas Material if the
message contains:
(a) a functional 'unsubscribe' facility, which is displayed in a clear and prominent
position at the end of the Electronic Message (clearly detailing methods of
how to unsubscribe). The 'unsubscribe' facility must be available for a period
of 30 days after the Electronic Message is sent by you; and
(b) accurate sender information such as site/company header in the Electronic
Message (incorporating the affiliate's company/site name, physical or virtual
address/contact details and logo and who authorised the sending of the Electronic
Message from you). Additionally, all Electronic Messages must clearly state
that it is being sent on behalf of AusVegas Online Casino.
Sample wording follows:
[Insert Affiliate Business Name]
[Insert Affiliate Address]
[Insert Affiliate Contact Details]
This message is sent on behalf of AusVegas Casino Pty Ltd (ABN 110 849 682),
Northern Territory, Australia.
(c) Header information that is not materially false or misleading.
3. You must respond/action any unsubscribe requests to the unsubscribe facility
contained in Electronic Messages within 5 days of receipt of request.
4. You must comply promptly with any direction from us in relation to Electronic
Messages containing AusVegas Material. Directions may require you, among other
things, to immediately unsubscribe persons from your Electronic Message lists
and/or to provide, from time-to-time, reports, statistics, details of unsubscribe
requests and other information.
5. You must where possible ensure that persons who receive Electronic Messages
from you have "double opted-in" to receive such messages (ie. where
you have sent a message to a recipient in response to their message to be included
in your mailing list, requesting confirmation that messages should be sent there
in future and notifying the recipient that they will only be added to your contract
list if they send positive confirmation within a certain time period (eg. 14
days));
6. You must comply with anti-spam legislation in place in the sender's and recipient's
country of residence, including the Australian Spam Act 2003 (Cth).
7. You must at all times comply with AusVegas Spam Policy (as amended), available
at www.ausvegas.com.au.
8. We may suspend or withhold payments of any commission or other monies owed
by us to you if you are non-compliant with, or in breach of, any of the terms
and conditions of this Agreement or AusVegas Spam Policy.
9. We may terminate, reject or otherwise cancel your appointment as an affiliate
with us immediately by notice to you and/or direct our agent to terminate its
affiliate agreement with you if you are non-compliant with, or in breach of,
any of the terms and conditions of this Agreement or AusVegas Spam Policy.
Upon termination of this Agreement, you must immediately return all confidential
information, AusVegas Materials and cease to use any of our trade names, trade
marks, marks, logos, banners and other designations of AusVegas Online Casino.
10. If there is any inconsistency between this Agreement and our agent's affiliate
agreement, this Agreement prevails.
11. You hereby agree to indemnify and hold forever harmless us, our related
body corporates, our directors, employees, contractors and agents from all claims,
actions, liabilities, losses, damages, costs and expenses (including legal costs,
fines and penalties) due to any non-compliance or breach by you with the terms
and conditions of this Agreement or AusVegas Spam Policy.