Affiliate Terms & Conditions (as at 27 September 2010)

 

By submitting your application, you hereby agree/accept the terms and conditions below.

 

1. Please Read and Print for Future Reference.

 

a) If you wish to participate in our Sportingbet Partner program, indicate your agreement to do so by clicking the "I Agree" button below. Additionally, by accessing and utilizing any of the Sportingbet Marketing Tools or accepting of any reward, bonus or commission whether contained in this agreement or elsewhere on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement.

 

b) For purposes of clarity, the terms "we" and "us" refer to Sportingbet Australia Pty Limited A.C.N 092 486 883 (referred to as "Sportingbet") and "you" and "Sportingbet Partner" refers to the other party to the contract formed by the acceptance of these Terms and Conditions.

 

c) The term "Merchant" is defined as any company that has contracted Sportingbet to promote their Site(s) and or products. The contract provides you with the non-exclusive right to direct users ("Visitors") from your site or sites to the Sportingbet's websites, in return for the payment of commissions and referral bonuses as specified below.

 

2. Enrolment

 

To enroll please read this Agreement and then submit a complete Sportingbet Account application to us via our Web site. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

 

3. Sportingbet Partner Agreement

 

a) During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by Sportingbet on your site (the "Sportingbet Partner site") as a hyperlink to direct Visitors from the Sportingbet Partner Site to the Sportingbet's Sites, using distinct URLs supplied by Sportingbet exclusively for linking (the "Supplied Banners").

 

b) The Sportingbet's banners shall be displayed at least as prominently as any other sales link on the Sportingbet Partner site, and if the Sportingbet Partner displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Sportingbet Partner site, the Sportingbet Partner shall, subject to Sportingbet prior written approval of the content thereof, include similar descriptive information regarding the Sportingbet's Site(s).

 

c) The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Sportingbet Partner shall be entitled to display the banners of, and provide links to, sites of other companies through the Sportingbet Partner site, and Sportingbet shall be entitled to make the Sportingbet's banners available through online and other services than the Sportingbet Partner site.

 

4. Delivery And Display Of Banners, Copy, And Promotional Material

 

a) As a Sportingbet Partner, you will have access through Sportingbet site to a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individual, as a "Link".)

 

b) Sportingbet hereby grants to the Sportingbet Partner the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly);

 

c) Sportingbet's banners, name, site name, and other related textual and graphic material are made available by Sportingbet to the Sportingbet Partner, for the express purpose of inclusion on the Sportingbet's site from time to time (collectively, the "Sportingbet's Material") and for the specific purposes authorized above. Sportingbet authorize the Sportingbet Partner to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Sportingbet Partner.

 

d) Sportingbet also authorizes the Sportingbet Partner to refer, in the Sportingbet Partner's advertising and promotions, to the fact that the Sportingbet's sites are accessible through the Sportingbet Partner site, provided that any such statement:

 

i. does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of Sportingbet other than the Sportingbet's Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of the Sportingbet's mark);

 

ii. does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that Sportingbet sponsors, authorizes, and/or is the source or origin of the Sportingbet Partner site; and

 

iii. does not disparage Sportingbet, its products, services, or Sportingbet Partners. All use of Sportingbet's Materials hereunder shall inure to the benefit of Sportingbet and shall not create any rights, title or interest in them for Sportingbet Partner. No other use of Sportingbet's names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by Sportingbet Partner for any purpose without the prior written approval of Sportingbet.

 

e) As between Sportingbet and Sportingbet Partner, Sportingbet owns, and shall continue to own exclusively, all right, title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Sportingbet's Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.

 

f) Additionally, once a promotion has expired Sportingbet reserves the right to replace any promotional creative (eg. banner, java script, text link or newsletter) with a generic Sportingbet creative that has the dimensions and size as the current promotional banner. It is then up to the Sportingbet Partner to change the creative should they so desire.

 

5. Maintaining The Links

 

You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and Sportingbet's Site(s). The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the Sportingbet's Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made.

 

6. Cookies

 

Sportingbet has now introduced 30 day expiring cookies whereby a cookie expires if a visitor has not registered a customer account within this time. For example, a potential customer clicks through Sportingbet Partner A but does not register a customer account. On another occasion the same person then clicks on Sportingbet Partner B's link and registers a customer account at Sportingbet. In this case Sportingbet Partner B will get the credit for the registration. This makes cookies fairer for all involved.

 

7. Communication To Sportingbet Partners

 

By signing up to Sportingbet you agree to receive a variety of material from Sportingbet. If you choose to opt out of our communications Sportingbet will not be responsible for any damages that may occur from Sportingbet Partners opting out of our communications.

 

8. Anti-Spam Policy

 

a) Spam is defined as the sending of an electronic message, email or posting to multiple recipients who have not specifically requested the message and furthermore the message does not comply with the Commonwealth Spam Act 2003"; regardless of its content.

 

b) In accordance with the Spam Act 2003 (Cth) Sportingbet strictly prohibits Sportingbet Partners from sending unsolicited mass emails or spam, whether via email, or any other form.

 

c) Any Sportingbet Partner using spamming techniques for soliciting referrals will be in automatic breach of this agreement and will be immediately terminated, all funds due being withheld and legally pursued for any resulting damages. In this instance the amount determined by Sportingbet will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by yourself as fair and reasonable and as agreed to by registration as an Sportingbet Partner of Sportingbet.

 

d) Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.

 

e) You may not send out an electronic message on behalf of Sportingbet or any of its Sportingbet Partners without prior written consent.

 

f) You may not make any claims of endorsements by Sportingbet or any of its Sportingbet Partners without their prior consent.

 

g) In addition if you choose to send bulk or unsolicited emails you are obligated to:

 

i. Include a clear and conspicuous notice that the email is an advertisement or solicitation

 

ii. Include a clear and conspicuous notice of the option to "unsubscribe" to further commercial email.

 

iii. Ensure the "unsubscribe" facility is valid and functional

 

iv. Ensure am unsubscribe request is actioned within 5 days of receipt.

 

v. Include a valid email and physical postal address of the sender.

 

vi. Ensure the header information is not materially false or misleading.

 

vii. Comply with Sportingbet's Anti-Spam Policy, as amended from time-to-time and available at www.sportingbet.com.au; and

 

viii. Comply with Sportingbet's Sportingbet Partner agreement - www.sportingbet.com.au/Sportingbet Partner/agreement.asp

 

h) Sportingbet may terminate this agreement immediately if you are in breach of any of these obligations, the Anti-Spam Policy contained in this Agreement, Sportingbet' Spam Policy or Sportingbet' Sportingbet Partner agreement.

 

9. Good Faith

 

You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes the Sportingbet harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Sportingbet's site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. 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.

 

10. Anti-Predatory Advertising Policy

 

a) No Sportingbet Partner will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the web users online access, view or usage of, or other aspect of the web users online experience at, any Sportingbet Partners webpage (as defined below) in a manner that causes or otherwise results in a different experience from that was otherwise intended by such Sportingbet Partner.

 

b) No Sportingbet Partner will block, alter, direct or redirect, or substitute, insert or append itself to, or otherwise intercept or interfere in any manner with, any click-through or other traffic-based transaction that originated from an Sportingbet Partner webpage (including without limitation any return visit to Sportingbet to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an Sportingbet Partner or increasing any payment obligation of Sportingbet with respect to any individual transaction.

 

c) Sportingbet Partners will be removed from the Sportingbet Partner Program and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other Sportingbet Partners in our program.

 

11. Duplication Of Sportingbet Site And Content

 

You are forbidden from creating a site that copies, resembles the look and feel of, duplicates the content, or otherwise creates the impression that the Sportingbet Partner site is the Sportingbet web site.

 

12. Commission And Referral Bonus

 

a) Subject to 12 (f) & 12 (g), You shall be entitled to a commission for the life of a Visitor equal to the applicable percentage of Customer Net Revenue, derived from any cash-in transactions from Visitors who used the Sportingbet's website who first linked to the Sportingbet's sites from the Sportingbet Partner site ("Linking Visitors") for as long as you remain an Active Member. To remain an Active Member:

 

i. you are required to refer no less than 4 new depositing players in any rolling 12-month period of the Program and the clients must be in good standing;

 

ii. you are required to promote Sportingbet on your website. Removal of Sportingbet promotional material from your website will signify your termination of the Sportingbet Partner Agreement.

 

b) "Customer Net Revenue" is defined as gross bets less payout (calculated using the Sportingbet's software) derived from any real transaction with a Linking Visitor in which revenue is paid or credited to the Sportingbet, less:

 

i. chargebacks and discretionary returns;

 

ii. sign up bonuses;

 

iii. Betting adjustments;

 

iv. promotion bonuses; and

 

v. GST payable on Customer Net Revenue (1/11th).

 

vii. Any fees payable by Sportingbet to an Australian Governing Sporting Body in respect of bets placed to achieve Customer Net Revenue. For the purposes of Clause 12, Australian Governing Sporting Body means any organisations charged with the administration of Thoroughbred Racing, Harness Racing, Greyhound Racing, Rugby League, Australian Rules, Cricket, Tennis, Golf and Soccer throughout Australia

 

c) "Applicable Percentage" is defined as the percentage, calculated monthly, set forth below for the service during the month from which the Customer Net Revenues were derived:

 

i. On Customer Net Revenue in the month over $1.00 >> 30%

 

d) The Sportingbet Partner shall provide Sportingbet with a tax invoice setting out the Commission payable for a particular month within 10 days after the close of the month.

 

e) Sportingbet will pay any commission payable with 21 days after the close of the month.

 

(f) Where Sportingbet allows non cash-in transactions to be included in Customer Net Revenue, Sportingbet in it�s absolute discretion shall be entitled to withhold commission for those non cash-in clients if the Visitor has not paid the amounts owing to Sportingbet or if it reasonably believes there is a likelihood that there will be chargebacks on Visitor accounts.

 

(g) If a Visitor does not place a bet or make a deposit for a period of 12 months, the Visitor will be deemed to have reached the end of his/her life as described in 12 (a) and such clients may be reallocated to the internal staff at Sportingbet at which time you will be no longer eligible to receive commission in the event that the client recommences betting.

 

13. Charge Backs

 

a) A chargeback refers to any uncollectible Customer Net Revenue that is a result of uncollectible funds from credit/debit cards as a result of customer non-payment or unauthorized 3rd party credit card use; a Visitor wagering using a Maximum Debit Facility and any amount of the balance is not are not recovered and is written off as a bad debt or rebate; and/or where the Visitor has illegally obtained the funds and Sportingbet has repaid the funds to the rightful owner. A chargeback also refers to uncollectible funds from credit/debit cards as a result of Visitor non-payment or unauthorized 3rd party credit card use.

 

b) A chargeback originating from a Visitor referred from a Sportingbet Partner will be deducted from the accumulated revenue generated by the Sportingbet Partner for the chargeback period. This amount will be forfeited and deducted from the total balance due to the Sportingbet Partner for the pay period.

 

c) Should this amount exceed the current amount due, your balance will revert to a negative, and you will have to work your way back to zero before you can start earning revenue again.

 

d) Sportingbet reserves the right to apply any costs associated with fraudulent transactions to the Sportingbet Partner.

 

14. Commissions

 

You shall be entitled to a referral bonus calculated as set out below, with respect to monthly Customer Net Revenue generated by Visitors who arrive from other Sportingbet Partners that you refer to us directly or indirectly:

 

(i) From Sportingbet Partners referred to us directly (Tier 1): >> 3%

 

(ii)From Sportingbet Partners referred to us by Tier 1 Sportingbet Partners (Tier 2): >> 2%

 

(iii)From Sportingbet Partners referred to us by Tier 2 Sportingbet Partners (Tier 3): >> 1%

 

All amounts are expressed in AUD. The Sportingbet shall pay the Sportingbet Partner all amounts due for the month within twenty (20) business days following the close of the month. Sportingbet Partner balances with less than $75 outstanding will be withheld until such time as the balance exceeds $75 at the end of the month within a two month period.

 

15. Sportingbet Partner Reward Programs

 

a. To participate, you must be an active Sportingbet Partner in good standing with Sportingbet. Sportingbet Partners participating in any reward program agree to be bound by the decisions of Sportingbet, which will be final and binding in all respects. All interpretations of the Rules and decisions by Sportingbet are final. Additionally, the terms and conditions set in this document apply to all current and future agreements made between a Sportingbet Partner and Sportingbet.

 

b. Sportingbet reserves the right to terminate any and all Sportingbet Partner Rewards programs for any reason, including, but not limited to, if for any reason the Rewards Program is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Rewards Program is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Sportingbet 's control. Sportingbet reserves the right to cancel, terminate, modify or withdraw the Reward Program without prior notice and without liability to the Sportingbet Partner.

 

c. All taxes, fees, and surcharges, if any, on Rewards are the sole responsibility of the prizewinner. Acceptance of a prize constitutes permission for Sportingbet and its advertising and promotional agencies to use the recipients name, photograph and/or likeness for advertising and promoting and publicizing the services of Sportingbet in any medium without compensation, unless otherwise prohibited by law.

 

d. Sportingbet Partners release and hold harmless Sportingbet and their respective Sportingbet Partners, subsidiaries, directors, officers, agents, employees, and all others associated with the development and execution of the Reward program from any and all liability with respect to or in any way arising from the Reward program and the awarding, use or misuse of the prize, including liability for personal injury or damage to property including any injury or damage to Sportingbet Partner's or any other person's computer.

 

16. Confidential Information

 

a) As used herein, "Confidential Information" shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:

 

i. may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; of

 

ii. may receive hereunder from the other.

 

b) Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:

 

i. use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;

 

ii. accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and

 

iii. restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.

 

c) The foregoing restrictions shall not apply to information that:

 

i. is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;

 

ii. the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;

 

iii. is received from a third party without restriction and without breach of this Agreement;

 

iv. was independently developed by the recipient as evidenced by its records; and

 

v. the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement.

 

17. Liability

 

a) The Sportingbet Partner acknowledges that Sportingbet does not advocate or endorse the purchase or the use of any services offered by Sportingbet through Sportingbet's sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation. Sportingbet represents and warrants that:

 

i. Sportingbet has the right to enter into this Agreement and to grant the rights and licenses granted herein; and

 

ii. Sportingbet's software, and the reproduction, distribution, transmission, public performance and public display of Sportingbet's Material in connection with the Sportingbet Partner site, do not: 1. invade the right of privacy or publicity of any third person; or 2. contain any libellous, obscene, indecent or otherwise unlawful material.

 

b) The Sportingbet Partner represents and warrants that:

 

i. the Sportingbet Partner has the right to enter into this Agreement;

 

ii. the Sportingbet Partner site does not, and the reproduction, distribution, transmission, public performance and public display of the Sportingbet Partner Materials as permitted herein, do not: 1. invade the right of privacy or publicity of any third person, 2. contain any libellous, obscene, indecent or otherwise unlawful material, or 3. infringe any patent, copyright or trademark right in any jurisdiction; and 4. the Sportingbet Partner has received no notice of such invasion, violation or infringement of rights.

 

18. Term and Termination

 

a) The term of this Agreement will begin when you download a banner and link it 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. Upon termination:

 

i. You must remove the Sportingbet's banner/s from your site and disable any links from your site to ours and theirs.

 

ii. All rights and licenses given to you in this Agreement shall immediately terminate.

 

iii. 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 occurring after the date of termination.

 

iv. If you have failed to fulfill your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.

 

v. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

 

vi. If we continue to permit activity (generation of revenue) from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

 

vii. You will return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of Sportingbet.

 

viii. You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.

 

b) WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.

 

c) Sportingbet may from time to time review Sportingbet Partners' participation in the program. Sportingbet may choose to cancel a Sportingbet Partner's participation in the program, at its absolute discretion, if it reasonably believes the Sportingbet Partner to have behaved in such a manner contrary to the terms or intent of the program.

 

d) Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

 

19. Risk Allocation

 

Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind -- including lost revenue or profits, loss of business, or loss of data - - arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.

 

20. Acknowledgement of No Warranty

 

Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of Sportingbet ability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.

 

21. Assignment

 

Except as otherwise provided herein, neither Sportingbet nor the Sportingbet Partner may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.

 

22. Governing Law

 

This Agreement shall be governed and construed in accordance with the laws of the Northern Territory, in the Commonwealth of Australia.

 

23. Single Account

 

The Sportingbet Partner agrees to operate a single Sportingbet Partner site with the Sportingbet's Site(s). If Sportingbet should discover, using information it deems appropriate in the circumstances, that the Sportingbet Partner is operating more than one Sportingbet Partner account, this Agreement shall terminate and the Sportingbet Partner will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the Sportingbet Partners Program, MUST be reported by the Sportingbet Partner and cleared by the Sportingbet Support Team beforehand, and failure to do so may result in the termination of the Sportingbet Partner's account. The Sportingbet Partner will also forfeit all rights to commissions and referral bonuses.

 

24. Independent Contractors

 

Sportingbet and the Sportingbet Partner are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between Sportingbet and the Sportingbet Partner. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.

 

25. Disclaimer

 

It is the Sportingbet Partner's responsibility to declare taxes from their Sportingbet Partner's profits, according to their country's regulations. An institutional bank located in Australia issues the Sportingbet Partner's payments; therefore, Sportingbet will not issue any forms relating to this matter.

 

26. Waiver

 

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

27. Modifications

 

Sportingbet may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms of Use at: http://www.Sportingbet.com.au or at another site it chooses, and by notifying the Sportingbet Partner of the modifications via email notice. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral 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 WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.