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(FRUITKINGS) – Terms Update – November 13 2008

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    Fruitkings Affiliate Program Terms & ConditionsThe following are our complete terms and conditions to become a member of the Fruitkings Affiliate Program. Please read this Agreement carefully and completely. You can enroll as a member of Fruitkings Affiliate Program by creating a unique link to the slots using text or one of our banners located on our banner farm. BY LINKING TO FRUITKINGS AFFILIATE PROGRAM, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. 1. Our Rights and Obligations 1.1 Register your Customers We will register your customers and will track their play. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. (“Customer” means your customers that use the link from your site to ours and open an account with us. By opening an account with us, they will become our Customers and, accordingly, all Fruitkings rules, policies, and operating procedures will apply to them.) 1.2 Track Customers’ Play We will track players play and will provide you with remote online access to reports, stats of customer activity and the referral fees generated. 1.3 Pay a Referral Fee We will pay you referral fees on the NET WIN (defined below)GROSS turnover we earn from players directed from your site after they open an account with us and wager for real money. 1.4 Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site which we will notify you of. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, and Profit Sharing Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. 2. Your Rights and Obligations 2.1 Linking to the casino clients By agreeing to participate in this affiliation Program, you agree to create a unique link from your site to one of the Casino clients. You may link to us with one of our banners or with a text link. With our written permission, you may link directly to our downloadable .exe file. These are the only methods by which you may advertise on our behalf. We will terminate this agreement immediately if there is any form of spamming or if you advertise our casino in any other unauthorized way. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations. 2.2 Agency Appointment By this Agreement, we grant you the non-exclusive right to direct customers to our site and services, in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to referral fees or other compensation on business secured by or through persons or entities other than you. 2.3 Approved Layouts Without our prior written approval, you will only use our approved banners and offers and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use banners from Fruitkings that have been uploaded to your server. 2.4 Good Faith You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Even if you have not knowingly generated such traffic, we reserve the right to withhold referral fees with respect to such traffic. 2.5 Responsibility for Your Site You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site. 2.6 License to use Marks We hereby grant to you a non-exclusive, non-transferable license, during the term of this Agreement, to use Fruitkings and its casino’s intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor’s rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. 2.8 Confidential Information During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Fruitkings and/or the Profit Sharing Program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use the Confidential Information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to Confidential Information shall survive the termination of this Agreement. 3. Commission Fee Schedule 3a. Revenue Share Affiliates will earn revenue sharing referral fees based on the Gross Revenue of the casino, also known as the Net Profit of your affiliate account. Net Profit is calculated as follows: NET PROFIT = CASINO GROSS WIN (Net Gaming) – FREE BONUSES – COMP CREDITS – Fruitkings pays a standard 17% referral fee on NET PROFITGROSS revenue generated by the affiliate.players. There no other fees or deductions are made on to the affiliate commission. Processing fees and security reserves are absorbed by Fruitkings. Note: Fruitkings does not automatically make commission payments less than € 50 per payment. If € 50 in Affiliate Commissions are not acheived in any given month, the earned amount will be carried over to the next calendar month and continue to accumulate until € 50 is generated. Any affiliate that wants to receive payments under € 50, please contact to request your payment. 3.1 Chargebacks/Fraud A chargeback is defined as uncollectible receivable from VISA/MASTERCARD as a result of customer non payment or fraudulent credit card use. Fraud is defined as an uncollectible credit card charge because of fraudulent activity. Fruitkings now absorbs all costs and fees associated with chargebacks and fraud. 3.2 Multiple Accounts Affiliates are allowed to have multiple reseller accounts. The total amount payable will be the mathematical sum of the individual accounts. (E.g. if one account carries a negative balance it will be deducted from total payable.) 4. Fee Payment We will pay you referral and bounty fees on a monthly basis, by the 15th day of each month. All payments will be due and paid in dollars or Euros. 5. Term and Termination 5.1 The term of this Agreement will begin when you create a unique link to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. If in any given consecutive 3 months you send neither new visitors nor new deposits to Fruitkings, your account will be automatically terminated. No email notification will be sent. 5.2 Upon termination: You must remove all of our banners/icons from your site and disable the link from your site to ours. All rights and licenses given to you in this Agreement shall immediately terminate. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees with respect to play occurring after the date of termination. If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. All security reserves will be held for 12 months. Reserves will be released after 12 months upon review of the account. If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination. 5.3 Confidential Information WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights. 5.4 Commercial Use Only. This Marketing opportunity is for commercial use only, and you, your family members, friends, associates may not make purchases, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Marketing Fees payables to you. If you wish to make test transactions to evaluate the system, including Purchases, please contact prior to the transaction, so we can refund the charges once you have completed your testing. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deduct such Purchases or traffic from your Marketing Fees. 6. Relationship of Parties You and we 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 site or otherwise, that reasonably would contradict anything in this paragraph. It is prohibited for webmasters to play on fruitkings slotmachines with the intention to make money by disadvantage fruitkings. If we see suspicious proceedings, we preserve the right of removing you immediately from our affiliate program without any confirmation. 7. Indemnity You shall defend, indemnify, and hold, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this Profit Sharing Program. 8. Disclaimers We make no express or implied warranties or representations with respect to the Profit Sharing Program, Fruitkings or referral fee payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors. 9. Limitation of Liability We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Profit Sharing Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Any liability arising under this Agreement shall be satisfied solely from the referral fee generated and is limited to direct damages. 10. Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PROFIT SHARING PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 11. Miscellaneous 11.1 Governing Law This Agreement will be governed by the laws of Curacao, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in Curacao and you irrevocably consent to the jurisdiction of its courts. 11.2 Assignability and Enurement You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns. 11.3 Non-Waiver Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. NO MODIFICATIONS, ADDITIONS, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement. 11.4 Remedies Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise. 11.5 Severability/Waiver Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective. IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this Agreement by downloading our banner and creating a link from your site to ours.

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