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Affiliate Terms and Conditions

INTRODUCTION

Please read these Affiliate Terms and Conditions carefully and all the related documentation before making any application to become an Affiliate, as they set out your and our obligations in relation to the FunzCity Affiliate Programme. If you do not agree with any of these Terms and Conditions, you should not apply to become an Affiliate and join the Affiliate Programme. By applying to become an Affiliate, you hereby accept these Terms and Conditions and are legally bound by them. Please note that this marketing opportunity is for commercial use only.

GENERAL PROVISIONS

This document, your contract with us and any other guidelines or additional terms which we provide to you via email or on our website www.FunzCity.com and any amendment thereto from time to time represent the complete Terms and Conditions of Use of the services provided by FunzCity (the ‘Agreement’). By subscribing to the FunzCity Affiliate Programme, you certify that you have read and you agree to the complete Terms and Conditions as defined above.

1. DEFINITIONS

1.1 'Site' or 'Sites' determine(s) the FunzCity web page(s).

1.2 'Parties' refers to FunzCity and its affiliates.

1.3 'Purchases' refers to money purchases by players on the site.

1.4 'FunzCity' means A1 Development LLC, address: 571 S Washington, Afton, Wyoming 83110, USA (also referred below to as “we”, “us”, “our”, and "Company")

1.5 "CPA" is the bonus you will receive when a player registers and qualifies on FunzCity Sites by your link.

1.6 'Banner and link' refers to all graphical elements that we put at your disposal to redirect your visitors to our sites.

1.7 'Player' refers to a person entering one of our sites through yours, and who has opened an account on these Sites.

1.8 'Self-excluded player' refers to a person who requests their access be denied to an online entertainment site and is flagged as self-excluded in the list of players linked to your account and accessible through our platform.

1.9 'Commission' refers to the model which the affiliate has chosen as his method of payment. The affiliate can choose a basis of fixed or variable earnings.

1.10 'Fraud' means an unlawful act or an attempt to commit an illegal act within the relevant jurisdiction. Fraud includes collusion, abuse of bonuses or other promotions, violation of laws relating to money laundering, spamming, or misleading or unauthorised advertisements, use of stolen credit cards and the unauthorised use of intellectual property rights.

1.11 'Spam' refers to emails and messages that meet the following criteria: unsolicited emails sent to many recipients, emails containing false statements, where the original IP or electronic address cannot be identified, containing no option to unsubscribe, grouping different pieces of software together, resulting in the downloading or installation of software or a similar action without the consent of the recipient.

2. TRUSTED SITE

2.1 FunzCity Affiliate Program is an affiliation program specialising in online entertainment. FunzCity offers you a trustworthy and reliable site. The quality of our services is based on professional and conscientious teams.

2.2 Access to online entertaiment sites, and hence to our Affiliate Program specialising in online entertaiment, is strictly prohibited to people under the age of 18.

2.3 As a partner to online entertainment sites and sports betting, we encourage responsible gaming.

2.4 In order to establish a relationship of trust with our clients, we also guarantee the security of our site and your data when you register as an Affiliate of FunzCity.

3. RESPONSIBILITIES

3.1 FunzCity agrees to compensate you for every player that you've referred to our sites, and who has opened an account, passed qualification and been approved by managers.Provided that, as a condition to FunzCity compensating you, you shall first respond to any due diligence questions of FunzCity to FunzCity full satisfaction.

3.2 Qualification criteria are determined by the affiliate manager and are negotiated with the Affiliate.

3.3 FunzCity reserves the right to not pay the CPA or any Commission if we notice any abuse, including in the event that you promise bonuses or payments to players who register on our sites.

3.4. FunzCity, at its sole discretion and opinion, reserves the right to not pay the CPA or any Commission if we notice any abuse and/or fraudulent connection with the depositing player, including in the event that bonuses or payments are promised to players who register on our sites or you generate traffic in bad faith.

3.5. FunzCity, at its sole discretion and opinion, reserves the right to not pay the CPA or Commission if the player has registered multiple accounts and/or we notice that the CPA remuneration plan has been abused. Examples include, and are not limited to, fake accounts, bonus abuse by referred or group of referred players, you or a 3rd party offering or providing unauthorised incentives (financial or otherwise) to potential Referred Players to encourage them to sign up etc.

3.6. In the case of CPA agreement, it is the sole responsibility of the affiliate to respect the budget agreed with the Affiliate Manager. Exceptions can be made at the sole discretion of the affiliate manager.

3.7 FunzCity cannot be held responsible for loss, deterioration or damage to files, or for the transmission of viruses that could infect the user's computer equipment.

4. "COOKIES"

4.1 Cookies may be used as a means of collecting information. If you register with us, or if you continue to use the Sites, you agree to our use of cookies.

4.2 Information is contained by cookies that is transferred to your computer's hard drive. This information helps us to improve the Sites and to deliver a superior and more personalised service. Some of the cookies we use are essential for the Sites to operate.

4.3 If you wish to delete any cookies already stored on your computer, or stop cookies that keep track of your browsing patterns on the Website, you can do so by deleting your existing cookies and/or altering your browser's privacy settings to block cookies (this process varies depending on which browser you are using). If you would like more information on how to do this please visit www.allaboutcookies.org. Please note that deleting our cookies or disabling our future cookies means that you may not be able to access certain areas or features of the Sites.

5. INTELLECTUAL PROPERTY

"Creative works" are protected by copyright as they are original. For this reason, a Sites, since it is original, is a work protected by copyright. Any reproduction of a creative work is illegal and could be followed by disciplinary measures. The information on this site is protected by international copyright law. FunzCity Copyright © 2022-2023 All rights reserved.

6. INTANGIBLE PROPERTY

All visual elements of www.FunzCity.com, whether they are filed as a trademark or not, and whether or not they are accompanied by the initials TM or ® or ©, for the format and content of all articles, press reviews and more generally, any information contained on the site, remain the exclusive property of FunzCity or third parties with whom FunzCity has an agreement allowing diffusion. The user does not have the right to reproduce, distribute or more generally the right to exploit them by any means whatsoever, outside of any specific prior consent from FunzCity.

7. YOUR RIGHTS AND OBLIGATIONS

7.1 This Agreement does not give you exclusivity, and we can therefore offer the same services to different Affiliates. The complaints related to payment can only concern the flow that you generate and not that generated by a third party.

7.2 You cannot modify the marketing tools provided by FunzCity, unless previously approved by FunzCity. Only banners made available to you may be used.

7.3 In the event of fraudulent traffic from your website, or any other direct or indirect act or suspected act of fraud, we reserve the right to: (i) withhold your payments; (ii) close your Player account and/or affiliate account; and/or (iii) terminate this Agreement immediately upon notice to you, without prejudice to our other rights and remedies under this Agreement and under applicable law.

7.4 You have the non-exclusive and non-transferable right to use the brands of FunzCity only by using our banners on your site, social network pages or other platforms. This license cannot be transferred.

7.5 Your account will be closed if you do not display our banner on your website for more than two months (60 business days).

7.6 All banners and links must be aimed at those whose age permits them to lawfully participate. It is prohibited to place any banners or links to those under the age of 18.

7.7 You shall comply with all applicable laws, policy and guidelines notified by us to you through our Site or otherwise (including by Email) in relation to money laundering, the proceeds of crime, Privacy, Electronic Communications and all relevant laws and industry practices applicable to online marketing, online advertising, and the marketing of online entertainment sites. You shall perform your obligations hereunder in compliance with all applicable Federal, State, and local laws, rules, regulations, and ordinances. We will immediately terminate the agreement if we become aware that you have failed to comply with this clause.

7.8 You agree to promptly collaborate and provide us with the information requested or procure such information for us and/or assist us to the extent required in order to ascertain such information.

7.9 You shall market and refer traffic to the Sites and will be solely liable for the content and manner of any such marketing activities, which must be professional, proper, lawful and in accordance with any applicable regulations (including any laws or regulations relating to the content and nature of advertising or marketing including, but not limited to the Privacy and Electronic Communications Regulations, as amended from time to time, the California Consumer Privacy Act (CCPA).

7.10 You shall include an “unsubscribe” option in each Electronic Communication you send, and the unsubscribe option should be for the service provided by the Affiliate only and should not link to our Site or any advertiser Site. This “unsubscribe” facility must be functional and operational at all times. No marketing material shall be sent to unsubscribed players, under any circumstances. We will immediately terminate the agreement if we become aware that you have failed to comply with this clause.

7.11 You undertake to observe all applicable directives, laws and regulations applicable to the use of cookies and/or the use, processing, storage and transfer of personal data, including but not limited to the General Data Protection Regulation 2016/679 (GDPR) or any implementing or related legislation.

7.12 End users must be informed, via a suitable privacy policy or other appropriate means, that tracking technology will be installed on their hard drive when they click on the links. You shall provide such users with an easily-operable opportunity to reject the installation of such tracking technology.

7.13 Materials posted on your site cannot be libellous or otherwise illegal and this is your responsibility. Further, you shall fully indemnify and hold FunzCity harmless from all claims, damages and expenses (including, without limitation, legal fees) arising directly or indirectly out of the development, operation, maintenance and contents of your site and for any loss or damage suffered by FunzCity or any of its group companies for breach of the terms of this Agreement.

7.14 Inactivity Should no Verified Referred Players be produced by the Affiliate Account for a continuous period of 6 months, the agreement will be terminated. In the event that this Agreement is terminated, the CPA shall cease to accrue from the moment at which the agreement is terminated.

7.15 By accepting these Terms and Conditions you hereby agree that we reserve the right to conduct any and all such identification and other verification checks that we may need and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the Sites and our products generally. You also agree that such checks may be supplied by third parties. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.

8. SPECIAL RULES FOR YOUTUBE AND TWITCH STREAMERS

8.1 During a live stream or video recording, it is forbidden to use the words “deposit”, “real money”, “withdrawal”

8.2 During the stream, the streamer cannot criticize the project that advertises

8.3 The streamer cannot advertise or place in his profile bonuses that are not on the advertised website or that have not been agreed with the website administration.

8.4 In any case, the streamer must not break or try to find a workaround for the rules of the websites or streaming platform on which he posts advertising content, posts videos, or streams.

8.5 The streamer is prohibited from using copyrighted content for which the streamer and the website do not have the corresponding right to use.

8.6 The streamer is prohibited from making purchases with his own money in the account that is used for streaming video.

8.7 A streamer can only make purchases with their own money if the streamer selected this option on their streaming video account from the first streaming video.

8.8 It is forbidden to associate how to submit FunzCity or related products

8.9 In case of failure to comply with these rules you shall be solely responsible and you shall indemnify the Company, its affiliates, its directors, managers, employees and representatives of any liability, loss, damage and expenses, including reasonable legal fees.

9. COMMISSION

9.1 CPA shall be determined by your affiliate manager on the basis on the information provided by you by personal agreement. If you do not agree with the CPA proposed by your affiliate manager, you may at any time withdraw from FunzCity Affiliate Program by notifying FunzCity in writing. The CPA will be available in your Affiliate Account

10. CONDITIONS OF PAYMENT

10.1 You can receive your CPA for referred players on your player account.

10.2 Legal entities receive CPA for referred players via bank transfer.

10.3 An invoice for the amount of your commission must be received by us by the 15th of each month in order for payment to be sent by the end of the same month. Invoices sent after the 15th are not guaranteed to be paid during the same month. Accepted methods of payment are: Bank Transfer

10.4 If your CPA is below the minimum amount required to make a payment, your earnings will be postponed until the following month and until the minimum threshold is reached.

10.5 The minimum amount for payment via Bank Transfer is €250.00.

10.6 In the event of an incorrect calculation of Income, FunzCity reserves the right to correct any error at any time and to recover any excess payments made by FunzCity by reducing future payments due to you from FunzCity.

11. TERMS FOR ENDING THE AGREEMENT

11.1 This Agreement begins when you accept these Terms and Conditions on our site and ends when either party decides. The termination must be notified in writing only and terminates immediately.

11.2 Upon termination of the Agreement, you must remove our banners from your site, social media pages and other platforms and disable all your links and cease any advertisement utilizing your referral links or direct links to the FunzCity.com project, as well as any promotional materials that directly or indirectly relate to the FunzCity.com project. Your rights for licences expire in the same way.

12. COMPENSATION

You shall defend, indemnify and clear the name of FunzCity, its affiliates, its directors, managers, employees and representatives of any liability, loss, damage and expenses, including reasonable legal fees, which result from or are related to:

  • (A) Any breach by you of any guarantee, representation or provision contained in this agreement.
  • (B) Your obligations and duties related to this Agreement.
  • (C) Your negligence and all damage caused by breach, by omission or by the unauthorized use of our banners and our affiliate links.

13. FRAUD

In the case of a fraudulent transaction, or suspected fraudulent transaction made by one of your services or players, FunzCity reserves the right to suspend your commission and cancel the transaction. The losses incurred in this act of fraud will be at the expense of the affiliate.

14. RELATIONSHIP BETWEEN THE PARTIES

14.1 We are independent parties. We are not bound by any partnership, joint venture, subsidiary, franchise, sales representation or group of common interest.

14.2 We are not responsible for any indirect damage, specially connected to your participation in our Affiliate Program. Our responsibility ends with the payment made to you under this Agreement. The damages and claims are limited to marketing revenue and direct damage. We are in no way responsible for any potential errors or interruptions in the working of our sites, and consequences connected to this problem.

14.3 You confirm that you have read this Agreement and accepted its terms. Please note that we reserve the right to change the content at any time.

15. PRIVACY POLICY

By accepting this Agreement you confirm acceptance of our Privacy Policy, including California Privacy Notice, and you agree for proceeding of your personal information for the purpose of fulfillment of this Agreement and cooperation with the Company within FunzCity Affiliate Program.

16. TERMS OF THE AGREEMENT

16.1 Access to this site may be from several different places and countries around the world. This does not mean that FunzCity has agreed to provide its services or part of its services in the place or country where you are.

16.2 These Terms and Conditions constitute the entire agreement between you and FunzCity on the use of this site and its contents. These provisions supersede any previous written or oral agreements between these parties with respect to general and specific subject matter of this Agreement.

17. BINDING ARBITRATION AND CLASS ACTION WAIVER

17.1 Initial Dispute Resolution

Your affiliate manager is available to address any concerns you may have regarding the FunzCity Affiliate Program. The parties shall use their best good-faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation and good-faith discussions. Such good faith discussions shall be a precondition to either party initiating a lawsuit or arbitration.

17.2 Binding Arbitration

If the parties (you and Company) do not reach an agreed-upon solution within a period of thirty (30) days from the time that initial dispute resolution is first initiated pursuant to the paragraph immediately above, then subject to the arbitration terms set out below. Either party (i.e. you or Company) may initiate binding arbitration as the sole means to formally resolve any disputes. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the website shall be finally resolved by binding arbitration. The arbitration shall be administered by the JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement, notwithstanding the choice of law and forum selection provided for in Section 18, below. The arbitrators, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim or dispute is subject to arbitration. The arbitrators shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrators’ report and award, including (not limited to) recommendation for equitable relief, shall be binding on the parties and may be entered as a judgment or order in any court of competent jurisdiction. Arbitration shall be initiated in and proceed in Philadelphia County, Pennsylvania. You and Company agree to submit to the personal jurisdiction of any federal or state court sitting in Philadelphia County, Pennsylvania, in order to compel arbitration, to stay judicial proceedings pending arbitration, to confirm, modify, vacate, or enter judgment on the award entered by the arbitrators and to enforce equitable relief that the arbitrators do not have jurisdiction to award or enforce independently of a court. If in violation of your agreement to submit to binding arbitration, you should initiate a lawsuit against Company or any employee, agent or affiliate of Company, you hereby stipulate that no act of defense of the litigation, no matter how protracted, shall be deemed a waiver of the right to compel binding arbitration, or the right to resolve disputes between you and Company, by binding arbitration as hereinabove provided.

17.3 Class Action Waiver

The parties (you and Company) further agree that any arbitration and litigation allowed under this section 17 shall be conducted in their respective individual capacities only and not as a class action or other representative action. Accordingly, the parties expressly waive their right to file a class action or seek relief on a class basis. You and Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null, void in its entirety, the parties shall be deemed to have not agreed to arbitrate disputes, and the remainder of this Agreement shall survive and remain valid and enforceable.

Exception - Litigation Limited to Intellectual Property Infringements and Small Claims Court Claims Not Exceeding $5,000. Notwithstanding the parties' agreement to resolve all disputes through preliminary consultation and thereafter by binding arbitration, either party may bring an action in federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you by FunzCity under this Agreement. Either party may also seek relief in a Pennsylvania County small claims court for disputes or claims within the scope of that court's jurisdiction but not exceeding an amount in controversy if five thousand dollars ($5,000.00).

17.4 Waiver of jury trial. Each Party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any proceedings relating to this Agreement or any performance or failure to perform of any obligation hereunder.

18. GOVERNING LAW

Interpretation of this Agreement shall be subject to the laws of the State of Pennsylvania, except to the extent that the Pennsylvania conflict of law rules would require application of the law of any jurisdiction other than Pennsylvania. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair games, and tort claims) shall be decided under federal law to the extent applicable under the Federal Arbitration Act, and otherwise under the laws of Pennsylvania. Company and you irrevocably consent to the exclusive jurisdiction and venue of state or federal courts sitting in Philadelphia County, Pennsylvania to resolve any claims that are subject to exceptions to the arbitration agreement stipulated under Section 17 of this Agreement or otherwise determined by a court of competent jurisdiction not to be arbitrable.

19. OTHER PROVISIONS

19.1 Warranty: Review of this Agreement You warrant, represent, acknowledge and agree that you have and understand this Agreement, including, without limitation, all other provisions displayed on the Site and applicable your Affiliate Account. This also includes our Privacy Policy.

19.2 Restriction on Transfer or Assignment of this Agreement Applicable Only to Yourself This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by yourself. Any attempted or purported assignment or transfer by yourself shall for all purposes be null and void. However, we may hypothecate, sell, assign or transfer this Agreement or any part of or interest in this Agreement without restriction or notice.

19.3 Severability of Provisions adjudicated to be Unenforceable or Void All provisions of this Agreement will be deemed severable: any unenforceability of any one or more provisions will not affect the enforceability of any other provisions or of this Agreement as a whole. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties to this Agreement shall substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of those parties.

19.4 Nonwaiver; Company Rights Cumulative Any failure by Company to partially or fully exercise any rights under this Agreement, and any waiver by Company of any breach of this Agreement by yourself, shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by yourself of the same or any other term of this Agreement. The rights and remedies of Company under this Agreement shall be cumulative. The exercise of any such right or remedy shall not limit the right of Company to exercise any other right or remedy.