Terms & Conditions - Project Lusio Ambassador 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. 

Both you and we agree that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and HealthyGaming Limited. 

Application Approvals and Rejections 

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

For our Affiliate applicants: We will review your information to ensure you do not violate any of our Terms of Service before sending you an email with information for you to get started. 

For our Ambassador applicants: Your application will be reviewed based on the criteria listed on the Ambassador Program page. We may also want to review your application with you prior to approval, so we may reach out to you by email for more information prior to approving or rejecting your application.

All of these emails will be sent by appointed HealthyGaming Limited representatives, from [email protected]. 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 the requested information upon your application approval in order to begin your participation in our Ambassador Program. 

If we do not notify you by email that you have been accepted to join and participate in our Ambassador Program within thirty (30) days from the date of your submitted application, your application is considered to be rejected. 

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

If you are accepted to participate in our Ambassador Program, then upon the notification of approval, the Terms and Conditions of this Agreement shall apply in full force, effective immediately until terminated. Upon the approval of your enrollment with our Ambassador Program, you will receive an email requesting your payout information together with other enrollment criteria, if applicable. As outlined above, it is your responsibility to complete and submit all requested information upon approval of your participation. Failure to complete any enrollment criteria within thirty (30) days of your acceptance will result in the immediate termination of this Agreement and you will no longer be able to participate in our Ambassador Program. 

Commissions

Commissions are paid via bank transfer on a monthly basis. For an Affiliate or Ambassador 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. 

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. 

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 we will have no obligation to pay you 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.

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 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 thirty (30) 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 and ambassadors, or our customers and those we serve.

    We reserve the right to make changes to the Terms of this Agreement, and the requirements for our Affiliates and Ambassadors 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. 

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, and other intellectual property rights from your 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, 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 and this Agreement. 

You may use the 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 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 (“Project Lusio 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. 

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 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 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: September 6, 2021.