General Terms and Conditions (GTC) / Terms of use
Effective August 31st, 2009

Preamble / background

Entropia Universe (EU) is an expansive virtual environment available
through a global computer network for various uses such as
entertainment, communications, socialization, education and economic
activities and other uses permitted by law provided to the end-users
(participants) by MindArk PE AB (developer).

The EU is property of the Swedish company Mindark PE AB
(MA), has been developed by MA, is continuously being improved and
maintained by them.

MA, located in Gothenborg, Sweden, offers eligible
companies, so called planet partners the ability to create, maintain
and promote their own planet(s) on the Entropia Universe platform
(planet partner agreement). Planet partners are able to create their
own Massive Multiplayer Online Role Playing Game (MMORPG) with the
provided tools and then operate, maintain and advertise it.
One of these planet partners is the company First Planet Company (FPC),
based in Gothenborg, Sweden, operator of the MMORPG Planet Calypso
located inside the Entropia Universe.

The Planet Calypso Affiliate Program (planetcalypso.eu) offers everyone
who registers as an affiliate associate (affiliate) and gets approved
as one, the access to the internal areas of www.planetcalypso.eu and
the available comprehensive advertising material, the affiliate
statistics and all other necessities for a beneficial and successful
affiliate relationship.

Foundation of this business relationship between
planetcalypso.eu and the affiliate are outlined in "General Terms and
Conditions (GTC)". GTC may be updated at any time and the most current
version is to be found under http://www.planetcalypso.eu 

Each affiliate is solely responsible for the advertising on their internet presence.

1. Cooperation

1.1 The Affiliate registers via the page www.planetcalypso.eu.

Upon registration
affiliate associate must read and accept GTC. are the foundation of
this cooperation between the affiliates and planetcalypso.eu
GTC outlines the terms of the affiliate relationship, between planetcalypso.eu and the affiliate associate.
The use of the portal and all the information found on it, on public
and non-public areas is based on the requirement that the following
conditions are accepted.
The affiliate has to be of legal age and fully legally competent.

1.2 planetcalypso.eu reviews each affiliate associate before activation
and reserves the right to reject an application without giving any
reason.

1.3. The relationship starts with the acceptance of the application through planetcalypso.eu.

The acceptance is not related to the delivery of the so called affiliate ID and the password.
The acceptance takes place after this delivery and can be rejected for
up to 14 days afterwards.
There are no verbal side agreements, amendments to the agreement must be made in written form.

1.4 The associates affiliate ID will be sent by email.

1.5 planetcalypso.eu offers a gateway to the affiliate program of FPC.

In doing so,
third parties (end users) are offered a gateway to the products and
services of the company Mindark PE AB, First Planet Company AB and
other planet partners inside the Entropia Universe. These products and
services are solely subject of the General Terms and Conditions (GTC)
and the End User Licence Agreement (EULA) of the respective provider
which have to be read and accepted separately on the webpages of these
companies.

1.6 All information and materials provided by
planetcalypso.eu are only allowed to be utilized by registered
affiliates. Any uitlization thats not beneficial to the success of
planetcalypso.eu is strictly prohibited.

1.7 Any provided data is not allowed to be used in a  changed or amended version without the approval of planetcalypso.eu

1.8 All graphics, texts, concepts and any else data and information
available from planetcalypso.eu ist copyrighted by planetcalypso.eu or
its  rightful owners.

1.9 If the affiliate associate develops an own affiliate program based
on the figures provided by planetcalypso.eu, this program has to be
approved and released by planetcalypso.eu and has to follow the same
regulations as found in these GTC

1.10 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 section.

2. Part-time activities

2.1 The affiliate associate conducts this activity next to its other business activities on a secondarily basis.

Therefor both parties agree on the fact, that an adaptation of
legal clauses, direct or indirect, towards full-time trade
representatives can not be applied to this contract.
The enforcement of claims in a direct or corresponding adaptation of
§89 HGB (German code of commercial law) is excluded (§92b, sub. § 1
sent. 1 HGB).
The right of an adequate down payment after §87a sub. § 1 sent. 2 HGB is excluded.

3. Termination of affiliate agreement

3.1 The termination of the contract on the part of the affiliate
associate can take place anytime and without giving any reasons.

3.2 planetcalypso.eu can terminate the agreement effective immediately
if the affiliate deliberately provided wrong or incomplete data during
the registration, or the affiliate defied the read and accepted GTC´s or
existing laws and regulations.

3.3 Compensation claims related to the termination of the contract are excluded.

4. Warranty, Liability

4.1 Planetcalypso.eu has no control on any transmission of data via the
internet. Planetcalypso.eu refuses any liability to the fact that
transmitted data correctly and entirely reaches the recipient. The
affiliate associate recognizes that the internet is not bugproof or
in-alterable why the affiliate itself should put certain levels if
security in place, e.g. firewalls, virus scanners etc.

4.2 Planetcalypso.eu only accepts liability towards harm that was
verifiable done because of a wilful or reckless violation of duty of
planetcalypso.eu, their agents and / or vicarious agents.

4.3 Planetcalypso.eu accepts liability for negligence (comp. # 4.2)
only if its a typical damage within the scope of the predictable. The
liability for indirect damage, especially consequential damage and lost
profits is excluded.

4.4 Planetcalypso.eu accepts no liability for services that are brought by third parties.

4.5 There is no entitlement to the permanent availability of
planetcalypso.eu. Planetcalypso.eu may change, amend or even completely
terminate the websites at any time and without prior notice.
There is also no entitlement to the availability of the services of
First Planet PE AB and / or Mindark PE AB and their websites
www.planetcalypso.com respectively ww.mindark.com - FPC and / or MA may
change, amend or even terminate their service and the related websites
at any time and without prior notice.

4.6 Planetcalypso.eu accepts no liability for damages caused to the affiliate because of computer viruses. Planetcalypso.eu makes sure that
all files are virus free, however it is each affiliate associate's own
responsibility to check provided data for viruses.

5. Responsibilities of the affiliate associate

5.1 The affiliate associate agrees not to defy against these GTC´s or
current and applicable laws and regulations while using the services of
planetcalypso.eu and advertising the third party services of Entropia
Universe and its planet "Planet Calypso".

5.2 The affiliate associate agrees to provide truthful and complete
data towards their person, resp. their company during the registration
and to state all requested data complete and in all conscience.

5.3 The affiliate associate agrees to respect the privacy of theirs and
therefor under no circumstance to distribute or release harassing,
hurtful, endangering, defamatory, threatening, violence-glorifying,
racist or other types of reprehensible content.
Furthermore the affiliate agrees not to send any Spam-mails / texts of any kind.

5.4 As a condition to your participation in the program, you agree that
while you are a program participant you will comply with all laws,
ordinances, rules, regulations, orders, licenses, permits, judgments,
decisions or other requirements of any governmental authority that has
jurisdiction over you, whether those laws, etc. are now in effect or
later come into effect during the time you are a program participant.
Without limiting the foregoing obligation, you agree that as a
condition of your participation in the program you will comply with all
applicable laws (federal, state or otherwise) that govern marketing
email, including without limitation, the CAN-SPAM Act of 2003 and all
other anti-spam laws.

5.5 The affiliate associate agrees  not to violate third-party rights,
especially copyrights, intellectual property rights, trademarks, brand,
patents and any other rights of property or personal rights.
Advertising messages in the name of Entropia Universe (MA) and Planet
Calypso (FPC) have to be approved and released by planetcalypso.eu
before the publication.

5.6 The affiliate associate agrees to exempt planetcalypso.eu from
third-party claims made because of services provided by
planetcalypso.eu to the affiliate.

5.7 For participation to the services of the non-public area of the
website www.planetcalypso.eu and the affiliate program as password is
needed.
The affiliate associate agrees to keep his access data confident,
especially store the password in a safe place and in a way that it
can´t get lost and no third party gains knowledge of it.
The affiliate associate accepts full liability for all activities done
with his access to the non-public areas of planetcalypso.eu, especially
for every unauthorized use of planetcalypso.eu.

5.8 In the event that the affiliate associate violates the
responsibilities according to these GTC, especially # 5.1 - 5.6
planetcalypso.eu will be authorized to limit or entirely block the
access to the website planetcalypso and may terminate the agreement according to # 3.2

5.9 The affiliate associate accepts a non-disclosure agreement against
third parties. The affiliate is not allowed to transmit any information
related to Entropia Universe (MA), Planet Calypso (FPC) and
planetcalypso.eu to third parties if it is not stated on the public
part of the website or is approved for release in the internal area or
if planetcalypso.eu permitted it in written form.
If this is violated planetcalypso.eu is eligible to charge a compensatory damage of € 100 under the reserve of further claims.
The non-disclosure agreement is not terminated if the contract between
the affiliate associate and planetcalypso.eu is canceled.

6. Member data

6.1 All personal information of the affiliate associate are recorded
and digitally processed in compliance with current laws and regulations.
Within the handling of the communication the affiliate
associate agrees that we may pass their information, if necessary to
related companies.

6.2 Apart from that personally related data will only be collected if
the affiliate agrees on it or current legal regulations dictate or
allow the collection.

6.3 With relation to the registered information of the affiliate
associate planetcalypso.eu promises to comply current privacy and media
laws. All data will be handled confidential.

6.4 The affiliate explicitly agrees to receive newsletters with
internal information, specially initiated campaigns and possibly
containing third-party advertisements.

7. Affiliate commission payments

7.1 The affiliate associate may receive a commission between 3-15% of
the revenue on each new Planet Calypso participant the associate
recruits via its ID and calculated on the turnover that`s created by the
affiliate associate.
This participation on the revenue will be paid for 5 years on each new
player, starting with the date of registration of the concerning Planet
Calypso player and ending 5 years after. During special promotions this
clause may be substituted for new registrants by a special agreement
sent to the newly, during the promotion offer registered affiliate
associate in written form.
We reserve the right to change the duration of the participation upon prior notice if the situation makes it necessary (e.g. in case that First Planet Company changes their payment duration).

7.2 The revenue share is paid out for the first time 30 days after the
minimum amount of 50 Euro was reached. After that, payments will be
carried out weekly 7 days after the statements where made available via
email or inside the non-public personal area of www.planetcalypso.eu

7.3 The payout will be carried out if a minimum amount of 50 Euro was
accumulated during the accounting period. In case the minimum wasn´t
reached, the payment will be carrried out, once the account reaches 50
Euro during an accounting period.

7.4 The weekly statements are made in US-Dollars, due to the fixation
of the company Mindark and First Planet Company and for a better
clarity will be translated into Euro using the daily ECB (European
Central Bank) exchange rates. On the day the payments are carried out
the amount to be paid will be eventually exchanged into Euro using the
daily bank exchange rate. Therefor slight currency fluctuations can
occur.

7.5 Objections to the amount that was paid have to be made by the
affiliate associate at latest 14 days after the statements were sent
out and in written form.
If no objections were received within this time frame then this is
counted as an acceptance and explicit approval of the payment statement.

7.6 The general percentages of the commission can be checked here http://planetcalypso.eu/node/6
and the current level of the affiliate associate's affiliate commission
can be found inside the internal area of www.planeercalypso.eu. The
percentages of the commission may be altered at any time of the
situation demands it, e.g. if First Planet Company amends adjusts their rates and the payment duration.

7.7 The calculation of the affiliate payout is based on the revenue First Planet Company earns per newly recruited user, which is 50% of the total revenue if it was generated on Planet Calypso or 25% if it was generated on any other Planet inside the Entropia Universe.

7.8 The on www.planetcalypso.eu"
under "Income possibilities" described possible earnings are only
examples to provide an overview of what may be achieved. The actual
payments can be higher or lower.

7.9 There is no legal entitlement on the part of the affiliate for the
payout of the commissions. If planetcalypso.eu doesn´t receive the
payments from First Planet Company (e.g. because of a bankruptcy)
planetcalypso.eu can´t pass any commission to the affiliate associate.

7.10 Planetcalypso.eu may recall payouts for 28 days after the payment
was carried out in the event that (e.g. because of a database error) to
much commission was paid out to the affiliate associate. Other than
that the affiliate payments are free from reversals.
Planetcalypso however reserves the right to reclaim commissions up to 2
months after receipt if these commissions were accomplished through
fraudulent actions or other statutory violations by the related Planet
Calypso user.

8. For Planet Calypso participants relevant

8.1 Planetcalypso.eu acts facilitates only the access to the website of
the Entropia Universe Planet Partner First Planet Company. On their
internet appearance an interested person can gather information about
their product Planet Calypso, register for an account, download the
game client and eventually play the game. The participant has to
separately accept their GTC and / or EULA on which the access of to the
game Planet Calypso and the Entropia Universe is based on.
Under no circumstance whatsoever planetcalypso.eu is a service provider
or has any control over the services being offered by First Planet
Company or Mindark inside the Entropia Universe.

9. Modifications and amendments

9.1 Planetcalypso.eu is authorized to modify or amend these General Terms and Conditions if necessary.

9.2 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 the PlanetCalypso.eu.

Amended GTC are accepted implicitly if no objections were made in written form within 4 weeks after the modification.

 9.3 In the event that the affiliate objects the GTC then planetcalypso.eu
is authorized to terminate the agreement according to § 3.2.
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 the
planetcalypso.eu site will constitute binding acceptance of the change.
If an interested party doesn´t accept the GTC during the registration
process then the registration form can´t be submitted and processed.

10. Final clauses

10.1 The affiliate associate is not authorized to transfer their rights and duties from this contract to third-parties.

10.2 Subsidiary agreements must be made in written form to become effective

10.3 In the event of disputes the laws where planetcalypso.eu has its headquarters are applicable

10.4 Place of fulfillment and place of jurisdiction is, as far as
legally permitted, the location of the headquarters of planetcalypso.eu

10.5 If a clause in these GTC is or become void, it doesn´t effect the
validity of the remaining clauses. The void regulation will be
substituted by a clause that closed to the economically wanted.
The same is applicable to possible gaps these GTC are containing.