THE Affiliate Programme Terms and Conditions
This Agreement is entered into by and between DA Games SRL, a company registered in Costa Rica, with its principal place of business at Plaza Florencia no. 10, San Rafael, Escazu, San Jose, 10203 Costa Rica (“Company”), and the undersigned (“Affiliate”).
WHEREAS, the Company desires to engage the Affiliate to promote its product, Legends of Elysium, through an affiliate marketing program, and the Affiliate wishes to participate in such program under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows:
1. Definitions
The terms defined in the introductory section shall have their assigned meanings throughout this Agreement.
2. Enrollment in the Programme
Eligibility Criteria: Affiliate represents and warrants that they are of legal age and capacity to enter into this Agreement.
Application Process: Affiliate’s participation is subject to approval by the Company, which reserves the right to reject any application for any reason.
3. Affiliate Obligations and Conduct
Compliance with Laws: Affiliate shall comply with all applicable laws, rules, and regulations in performing their duties under this Agreement.
Prohibited Activities: The Affiliate shall not engage in any deceptive, misleading, or unethical practices and shall not make any false or misleading representations regarding the Company or its products.
4. Affiliate Links and Tracking
Responsibility for Integration: Affiliate is solely responsible for the integration and proper functioning of the affiliate links.
5. Commission and Payments
Commission Details: For a sale to be eligible to earn a commission, the customer must click-through an affiliate link to our site and complete a purchase on our site. You will earn a fee for every lead that converts to a irrevocable sale when processed through your affiliate link. The commission structure is flexible and may be set at a higher rate for certain affiliates depending on sales volume. We reserve the right to disqualify commissions earned in violation of this Agreement.
Payment Terms: Commission fees will be paid within 30 days after the close of each calendar month for the commissions earned during the preceding calendar month if the payout was requested. If you earn less than $100 during a calendar month, the commission fee will be rolled forward to the next calendar month, until the balance is greater than $100. Payout will be made to associated with affilaite account wallet addres on Polygon blockchain. Payment will be issued in USDC or native LOE token. If you have not earned any referral fees or haven’t logged into your affiliate account within 12 months period prior to any given month, then we may close your account, terminate this Agreement and withhold any unpaid commissions. We reserve the right to suspend or withhold commission payments to affiliates who are in violation of the terms of this Agreement, but with whom we have opted to not terminate, and instead provide a reasonable period of time to repair the violation.
6. Intellectual Property
License: The Company grants the Affiliate a non-exclusive, revocable, limited license to use its trademarks and copyrighted materials as necessary for the performance of Affiliate’s obligations under this Agreement.
7. Relationship of Parties
Independent Contractor: The Affiliate is an independent contractor and nothing in this Agreement shall be construed as creating an employer-employee relationship.
8. Termination
Termination Rights: Either party may terminate this Agreement with or without cause upon providing written notice to the other party.
Effect of Termination: Upon termination, all rights and obligations of both parties cease, except for obligations that, by their nature, should survive termination.
9. Limitation of Liability
Extent of Liability: The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits.
10. Indemnification
Scope of Indemnity: The Affiliate shall indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from any and all claims, damages, liabilities, costs, and expenses arising out of the Affiliate’s breach of this Agreement or violation of any law.
11. Confidentiality
Confidential Information: The Affiliate shall not disclose any confidential information acquired in connection with this Agreement without the prior written consent of the Company.
12. Modification of Terms
Amendment Process: The Company may modify the terms of this Agreement at any time, with such modifications effective upon posting to the Company’s website or direct communication to the Affiliate.
13. Governing Law and Jurisdiction
Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Costa Rica, without giving effect to any principles of conflicts of law.
14. Miscellaneous
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, both written and oral, concerning the subject matter hereof.
Severability: If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.