Terms & Conditions

Last revised September 25, 2019

GENERAL TERMS

The following terms and conditions reflect the obligations of you, the WEBMASTER (herein after called "WEBMASTER", "you", "your", and "yours") and of GAMMA ENTERTAINMENT INC. (here after called "Gamma", "Company", "we", "us", and "our") when a WEBMASTER uses one of Gamma's publicity programs to promote Gamma's websites. All conditions must be adhered to and are legally binding.

BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS HEREIN AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

  • We allow one account per company / individual, unless more than one account is needed on request.
  • You must be at least eighteen (18) years old to have an account with Gamma or the legal age of majority in the jurisdiction where you are located.
  • If we find a WEBMASTER cheating in one of its accounts on any of Gamma' programs, all WEBMASTER's accounts will be terminated and WEBMASTER will not be allowed back in Gamma's programs. All amounts earned will be voided.
  • Gamma reserves the right to reject any application to its programs for any reasons.
  • The WEBMASTER is responsible for providing Gamma with valid information (contact info, name, address,etc.) in its account.
  • WEBMASTER cannot promote Gamma's products/services using false and misleading advertisement (such as using word free when it's not), and WEBMASTER's activities must not generate complaints. All purchases and actions of the surfer must be done by free will, without receiving anything in return.
  • Gamma does not allow promotion of its products and services through illegal means, or on sites containing illegal material.
  • Gamma reserves the right to close an account or deactivate any program or subprogram in an account if not profitable. In such case, the monies made will be paid, unless there was a violation of our terms.

PAYOUTS

  • All amounts are in USD.
  • Payments are sent twice per month: on the 15th and 30th or 31st of each month. The payment covers the previous two (2) week period. No hold backs.
  • You make money, we pay you!
  • Payments are sent within five (5) days of the payout date.
  • Payments are sent if a minimum payout of $100 is reached for checks, $50 for Paxum, and $250 for wire transfers. If the minimum payout is not reached, the money is carried over until minimum payout is reached.
  • Payments can be sent by check, bank wires, or Paxum. The fees are the following:
    • Check: no fee
    • Bank wires: $15 if amount sent is between $250 and $999, no fees for amount over $1000
    • Paxum: no fee
  • Lost checks will be replaced for free after thirty (30) days following the payout date. If following a webmaster's request, a check must be replaced before the thirty (30) days, a $20 fee will be charged to void the check.
  • If you have questions regarding the payouts, you can contact [email protected]
  • If you and/or your business are located in Canada, please click here to find out how to deal with taxes regarding your payment
  • Transactions that are made with gift cards via PayGarden are not eligible for payout under any of the Programs or Subprogram.

TERMS SPECIFIC TO PROGRAMS OR SUBPROGRAMS

There are two types of programs: Pay-per-sign-up or Revshare.

The type of program may be selected by the WEBMASTER, with exception if the WEBMASTER is located within a geographically location that is restricted below.

Pay-per-sign-up Subprogram

  • Members of the WEBMASTER's family, friends, relatives as well as the WEBMASTER himself or anyone working with or for the WEBMASTER are not authorized to join Gamma's site(s) through the WEBMASTER's account.
  • The commissions paid for a specific signup will be deducted from the WEBMASTER's account if the signup is identified as a fraudulent transaction, a refund or chargeback.

Revshare Subprogram

  • Members of the WEBMASTER's family, friends, relatives as well as the WEBMASTER himself or anyone working with or for the WEBMASTER are not authorized to join Gamma's site(s) through the WEBMASTER's account.
  • The Webmaster is paid a percentage of the profits generated from its traffic on Gamma's websites, after refunds, chargebacks and processing fees have been deducted, without limitation; as long as the surfer renews their membership.
  • All transactions that are made with a pre-paid card shall be rewarded with the Revshare Subprogram.
  • Profits are calculated with the following formula:
    Profits = Sales + Renewals - Refunds - Chargebacks - Processing fees

Webmaster Referral Subprogram

  • The WEBMASTER cannot refer someone within its own organization or direct family , or someone that already has an account in one of our cash programs.

Geographic Location Restriction:

The WEBMASTER is restricted to Revshare only, if the sale concluded does NOT originate from the following countries:

Australia (AU), Austria (AT), Bahamas (BS), Belgium (BE), Belize (BZ), Bouvet Island (BV), Canada (CA), Costa Rica (CR), Croatia (HR), Curacao (CW), Czech Republic (CZ), Denmark (DK), Estonia (EE), Finland (FI), France (FR), French Guiana (GF), French Southern Territories (TF), Germany (DE), Gibraltar (GI), Greece (GR), Greenland (GL), Hong Kong (HK), Hungary (HU), Iceland (IS), Indonesia (ID), Ireland (IE), Isle of Man (IM), Israel (IL), Italy (IT), Japan (JP), Lithuania (LT), Luxembourg (LU), Macao (MO), Malaysia (MY), Maldives (MV), Mali (ML), Monaco (MC), Netherlands (NL), Netherlands Antilles (AN), New Zealand (NZ), Norway (NO), Poland (PL), Portugal (PT), Puerto Rico (PR), Seychelles (SC), Singapore (SG), Slovakia (SK), Slovenia (SI), South Africa (ZA), Spain (ES), Swaziland (SZ), Sweden (SE), Switzerland (CH), Turkey (TR), Turks and Caicos Islands (TC), United Arab Emirates (AE), United Kingdom (GB), United States (US), Virgin Islands, British (VG), and Virgin Islands, U.S. (VI).

OTHER TERMS

Free content

  • Free content is provided to promote Gamma Entertainment services and products. Free content can be used for that purpose only, and only for advertising online on. Once the WEBMASTER has stopped promoting Gamma, or its accounts have been closed, the WEBMASTER loses all its rights to use the free content.

Email Policy (CAN SPAM act and CASL act)

  • WEBMASTER that promotes Gamma Entertainment products and services through email marketing must comply with the CAN SPAM act of 2003 regardless of whether or not he is located in the USA and with the CASL act of 2014 regardless of whether or not he is located in Canada.
  • WEBMASTER caught in violation of CAN SPAM or CASL will see its account terminated, and all amounts voided.

Additional Terms

Either you or we may end this agreement AT ANY TIME, with or without cause, by giving the other party a written notice. In addition, this agreement will terminate immediately upon any breach of this Agreement by you.

You may not assign this agreement, by operation of law or otherwise, without our prior written consent of Gamma. Subject to that restriction, this agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

We may modify any of the terms and conditions at any time and at our sole discretion.

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party during of this Agreement is considered as “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

GAMMA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR WEBSITES OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OUR WEBSITE'S ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED HERETO, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL PAYMENTS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

Gamma and WEBMASTER are independent contractors, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your affiliate website or otherwise, that contradicts anything in herein.