Agreement

By signing up to be an Affiliate in our Affiliate Program, or an Ambassador in our Ambassador Program, you are agreeing to be bound by the following Terms & Conditions. HealthyGaming Limited, who is providing this Service referred to as “Lotenso” or “Project Lusio” reserves the right to update and change the Terms & Conditions from time to time without notice. Any new features that augment or enhance the Affiliate Program and/or the Ambassador Program, including the release of new tools and resources, shall be subject to these Terms & Conditions. Continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the Terms & Conditions listed below will result in the termination of your Account and forfeiture of any outstanding commission payments earned during the violation. You acknowledge & agree to use the Services provided at your own risk. This Agreement will end when terminated by either party. 

Account Terms

• You must be 18 years or older to become an Affiliate or Ambassador. 
• You must provide your legal full name and all other information requested in order to complete the signup. 
• A login may only be used by one person – A single login, Affiliate, or Ambassador account shared by multiple people is not permitted. 
• You are responsible for maintaining the security of your account and password. HealthyGaming Limited cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 
• You are responsible for all Content posted and activity that occurs under and related to your account. 
• One person or other legal entity may not maintain more than one account.
• You may not use the Affiliate Program or Ambassador Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws and regulations in your country and jurisdiction.
• You may not use the Affiliate Program to earn money on your own purchases of our Products and Services.

Links & Graphics on your site, emails & channels, and other communications

Once you have signed up for our Affiliate Program or Ambassador Program, you will be assigned a unique Code (“Promo Code”; “Promotion Code”). You are permitted to place links, banners, or other graphics we provide with your Code on your site, in your emails, on your channels and other communications. We will provide you with guidelines, link styles and other graphical artwork to use in linking to our website. We may change the design of the artwork at any time without notice. To permit accurate tracking, recording, and referral fee accrual, we will provide you with either a Special Link or Code formats to be used in all links and other communication between your site and Lotenso. You must ensure that each of the links between your site and Lotenso properly utilizes such Special Link and Code formats. Links to Lotenso placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links”. You will only earn Referral Fees and Commission with respect to sales on our Products and Services occurring directly through Special Links and through your Promotion Code. HealthyGaming Limited will not be liable to you with respect to any failure by you or someone you refer to use Special Links or your Promotion Code, including incorrect typing and entry of such Promotion Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Affiliate Links should point to the page of the Product being promoted. 

When this Agreement is terminated by either party, regardless if with or without cause, you must immediately cease use of, and remove from your site all related links, trademarks, trade dress, logos and any other material provided by, or on behalf of us to you in connection to this Program.

Non-Exclusivity

These Terms & Conditions do not create an exclusive agreement between you and HealthyGaming Limited. Both you and HealthyGaming Limited will have the right to recommend similar products and services of third parties, and to work with other parties in connection with promotions, sales, collaborations, research and use of other similar services and products of third parties. 

All parties agree that this Agreement does not create a joint venture, partnership, employment, franchise, sales representative or agency relationship between you and HealthyGaming Limited. You have no authority to make or accept any offers or representations on behalf of HealthyGaming Limited. You will not make any statement, whether on your site, channels, or elsewhere, that reasonably would contradict anything in this section. 

Application Approvals and Rejections 

Once you complete your application to become an Ambassador or Affiliate, we will review your application and notify you by email whether you have been accepted to participate in the Ambassador Program or Affiliate Program or not. By signing up for our Ambassador Program or Affiliate Program, you represent and warrant that you have all sufficient rights and permissions to participate in our Ambassador Program or Affiliate Program, and that it will not conflict with any of your existing agreements. 

Your application will be reviewed based on the content provided in your application, and the content on your channels which you intend to use to promote our Products and Services. Depending on the content provided in your application, we may want to review your application with you or ask you follow-up questions prior to approval, so we may reach out to you by email for more information prior to approving or rejecting your application. 

We reserve the right to approve or reject any application to join our Ambassador Program or Affiliate Program in our sole and absolute discretion.

All of these emails will be sent from [email protected] by appointed HealthyGaming Limited representatives. It is your sole responsibility to ensure that you enter a functioning email address in your application which can receive emails from [email protected], and it is your responsibility to read and submit any additional information if requested prior to approval of your participation in our Ambassador Program or Affiliate Program. 
Failure to complete any enrollment criteria or submit any additional information if requested within thirty (30) days will result in the immediate termination of this Agreement and you will no longer be considered an applicant to the Program which you applied and signed up to join.

If you are accepted to participate in our Ambassador Program or Affiliate Program, then upon the notification of approval, the Terms and Conditions of this Agreement shall apply in full force, effective immediately until terminated by either party. 
Upon the approval of your enrollment with our Ambassador Program or Affiliate Program, you will receive an email with information about your personal promotion code and other relevant material to get started. 

Customer Definition

Customers, whether an individual or other legal entity who buys our Products and Services through this Program and through referral will be deemed our customers. Accordingly, all of our rules, policies, Terms of Services and operating procedures concerning customer orders, customer service and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policy. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site and other communication channels, you should not display product prices on your site or on any other communication channel. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Referral Fees, Commissions & Payments

For a Product sale to be eligible to earn a Referral Fee or Commission, the customer must use your Promotion Code and Special Link from your site, email, channels, or other communications and complete the order during that session in which you have entered the Promotion Code and completed the checkout. We will only pay commissions on links and purchases that are automatically tracked and reported by our systems. No commission will be paid out if someone says they purchased, or if someone says they entered a referral code which was not tracked by our system. We can only pay commission on sales generated through properly formatted links and promo codes used when completing the purchase. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be a part of your commission.

Commissions are paid via Bank Transfer or Paypal on a monthly basis. For an Ambassador or Affiliate to be eligible for a payout in the following month, the accrued referral fee (also known as your “Commission”) must total USD$100,00 or more by end of month. All amounts below USD$100,00 will be withheld until a total of USD$100,00 or more have been earned before a payout is scheduled. 

In case of potential credit card fraud or other potential illegal activity, we reserve the right to delay payouts of commissions subject to risk analysis, anti-money laundering procedures, or any other legal procedures until such procedures have been carried out according to local, national, and international laws. We reserve the right to disqualify all commission earned through fraudulent or other illegal activities, and HealthyGaming Limited will have no obligation to pay you (“the registered user with the Ambassador Program or Affiliate Program”) any Commission associated with a forfeited transaction. 

All payouts and fees are exclusive of all taxes, levies, charges and other fees of any kind which are imposed on your involvement in this Agreement. It is your sole responsibility to comply with your personal tax obligations and you are responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. If you are unaware of all your tax obligations, we recommend that you seek legal advice from a certified tax advisor in your country or jurisdiction of tax residency. 

Identifying yourself as an Affiliate or Ambassador

You may not issue any press release with respect to this Agreement or your participation in our Affiliate Program at any given time. For our Ambassadors enrolled in our Ambassador Program, you may request written approval to issue a press release, which must be obtained and signed by an Authorized Signatory of HealthyGaming Limited prior to issuance. If a press release is issued without proper approval in writing, the action may result in your termination from our Affiliate Program or Ambassador Program. In addition, you may not in any manner misrepresent or embellish the relationship between yourself and HealthyGaming Limited and its related brands. If you express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause), we may (in our sole discretion) withhold any referral fees and terminate this Agreement effective immediately.   

Your Responsibilities

You are solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and other communication channels. For example, you are solely responsible for the technical operation of your site and all related equipment, ensuring the proper display of Special Links and of the Promotion Code. You are responsible of ensuring that your site does not violate any agreement between you and any third party, including without limitation any restrictions or requirements placed on you by a third party that hosts your site. 
You are responsible for the accuracy, truth and appropriateness of any and all materials posted on your site, including among other things all Product-related materials and any other information you may include within or associate with your Special Links and Promotion Codes. 
You are responsible of ensuring that materials posted on your site and channels do not violate or infringe upon the rights of any third party, including but not limited to copyrights, trademarks, privacy or other personal or proprietary rights. 
You are responsible of ensuring that your site accurately and adequately discloses, either through a Privacy Policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including where applicable third parties and how they may serve content and/or advertisements and collect information directly from visiots and may place or recognize cookies on visitors’ browsers.

Termination of Agreement

Your participation in our Ambassador Program may be suspended or terminated for several reasons, including, but not limited to the following reasons:

• Your participation in illegal activities or advertising on websites containing or promoting illegal activities. 
• Failure to disclose the affiliation, and your participation in our Ambassador Program or Affiliate Program when required by local, national, or international laws and regulations. 
• Violation of Intellectual Property or upon a material breach if such breach remains uncured within fourteen (14) days. 
• If you act, or have acted in a way that has, or may negatively reflect on, or affect HealthyGaming Limited, our partners, other affiliates, ambassadors, affiliates, or our customers and those we serve through our Products and Services provided. 
  We reserve the right to make changes to the Terms of this Agreement, and the requirements for our Ambassadors and Affiliates in our sole discretion at any given time. If we update or make changes to the Terms of this Agreement which you do not agree to, it is your responsibility to notify us in writing to terminate this Agreement and your participation in our Ambassador Program or Affiliate Program.

Termination or Expiration of this Agreement shall not affect our obligation to pay you a Commission, so long as the related payment by the customer is determined successful and recognized by us within thirty (30) days of termination. You will not be paid any fees or commission after thirty (30) days or more after the date of termination. Upon termination or expiration, you will immediately discontinue all use of immaterial rights, trademarks, references to this Ambassador Program or Affiliate Program, and other intellectual property rights from your website, our website, and other collateral. 

HealthyGaming Limited reserves the right to terminate this Agreement and your participation in our Ambassador Program both with, or without cause.

Trademark & Intellectual Property Rights

By signing up for our Ambassador Program or Affiliate Program, you grant us a nonexclusive, nontransferable and royalty-free right to use and display your logotypes and registered trademarks in connection with our Ambassador Program or Affiliate Program and this Agreement. 

You may use the Lotenso or Project Lusio logo, its graphics, text, and links on your social media channels, your website, and within your email messages to promote our Services. You may also create your own graphics and text related to Lotenso or Project Lusio as long as it is deemed appropriate and does not violate this Agreement, or our Terms of Service. 

You are not entitled to use our intellectual property, trademarks or other legal rights in a misleading way, including in a way that implies our endorsement, sponsorship or approval of your services or products sold.

If we request you to discontinue use of this intellectual property, you must immediately comply and take down all intellectual property owned by HealthyGaming Limited. 

Limitation of Liability 

HEALTHYGAMING LIMITED AND OUR DIRECTORS, SHAREHOLDERS, PARTNERS, AFFILIATES, AMBASSADORS (“Ambassadors”, members enrolled with our Ambassador Program”), OFFICERS, LICENSORS, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, FORESEEABLE, UNFORESEEABLE, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, WETHER INCURRED DIRECTLY OR INDIRECTLY, GOODWILL OR ANY OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) USAGE OF SERVICES OR INABILITY TO USE THE SERVICES PROVIDED BY HEALTHYGAMING LIMITED; (B) YOUR ABILITY TO ACCESS, OR INABILITY TO ACCESS THE SERVICES PROVIDED BY HEALTHYGAMING LIMITED; (C) THE CONDUCT OR CONTENT OF THIRD PARTIES AND OUR OTHER USERS ON OR THROUGH OUR PROVIDED SERVICES OR; (D) ACCESS WHICH IS NOT AUTHORIZED OR ALTERNATED CONTENT; (E) ERROR, INACCURACIES OR ANY OTHER MISTAKES IN CONTENT.
YOU AND HEALTHYGAMING LIMITED (BOTH PARTIES) AGREE THAT OUR AGGREGATED LIABILITY WILL BE LIMITED TO THE TOTAL COMMISSION EARNED FOR THE RELATED SUCCESSFUL CUSTOMER TRANSACTIONS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM.
IN NO EVENT WILL HEALTHYGAMING LIMITED OR AN AFFILIATE OF HEALTHYGAMING LIMITED AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF HKD$1500,00 OR THE AMOUNT YOU PAID HEALTHYGAMING LIMITED, IF ANY, IN THE LAST TWELVE (12) MONTHS FOR ANY SERVICE.  

BY USING SERVICES PROVIDED BY HEALTHYGAMING LIMITED, YOU ACKNOWLEDGE THAT HEALTHYGAMING LIMITED SHALL NOT BE LIABLE FOR ANY USER SUBMISSION OR THE ILLEGAL, OFFENSIVE OR DEFAMATORY OF ANY THIRD PARTY. 

Disclaimer

We make no express or implied warranties or representations with respect to the Ambassador Program or/and Affiliate Program or any products sold through the Program, including without limitation warranties of fitness, merchantability, noninfringement, or any other implied warranties arising out of a course of performance, deal, or trade usage. In addition, we make no representation that the operation of our Products, Programs and Services will be uninterrupted or error-free, and we will not be liable for the consequence of any interruptions or errors.

Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless HealthyGaming Limited and our affiliates, ambassadors, directors, officers, shareholders, employees, licensors, partners, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including but not limited to attorneys’ fees) arising out of, or relating in any way to: (A) your use and access to our Services; (B) your content; (C) your violation of these Terms and Conditions, our Terms of Services, and/or any third party rights, including but not limited to any copyright, intellectual property or privacy rights.

Force Majeure

No party will be responsible for failure to deliver, or delay of performance if caused by an event beyond our reasonable control, such as an act of war, a terrorist attack, sabotage, act of god, a natural disaster, strike, hardware or software outage not caused by the obligated party, governmental or international restrictions or any other event outside the reasonable control of the obligated party. 

HealthyGaming Limiteds performance is deemed to be suspended for the period of the Force Majeure event, though both parties agree to do their very best and use reasonable efforts to mitigate the effect of such an event. 

CHOICE OF LAW

The laws of Hong Kong S.A.R govern these Terms and Conditions and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms and Conditions or their subject matter. 

The courts in some countries may not apply the laws of Hong Kong S.A.R to some disputes related to these Terms and Conditions. If you reside in one of those countries, the laws of your home country may apply to those disputes. Those who access or use our Services from other jurisdictions do so at their own volition and are responsible for compliance with all local and international laws and regulations.

SEVERABILITY

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any, and all remaining provisions.  

Terms & Conditions Changes and Updates

These Terms & Conditions constitutes the Agreement between you and HealthyGaming Limited, and may be revised and edited from time to time. We will do our best to notify our users of changes to it one way or another (as an example per email, or on this page) and the most current version will always be available on our website. By using our services after the effective date, you agree to be bound by these Terms & Conditions.

Effective Date: August 22, 2022