As an authorized Sales Agent (Sub Agent) (hereafter also referred to as "you") of Sociedad de Beneficencia de Ica, Av. Circunvalación del Golf los Incas 134 - Piso 14 Torre 2, Santiago de Surco 15023, Lima company (hereafter referred to as "LotoPeru" and/or "us"), you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting LotoPeru as a Sales Agent.
The information contained herein is confidential and is for internal use of LotoPeru. No part of this document may be reproduced, copied, distributed or made available in any form whatsoever to any person without express prior written permission of LotoPeru Management.
A Sales Agent shall comply with all provisions of the Act, LotoPeru rules, conditions and regulations, this Sales Agent contractual agreement, and all other requirements of applicable law.
Electronic Signatures Effective
This Agreement (the “Agreement”) is an electronic contract that states the legally binding terms and conditions of your use of the website and your participation in the LotoPeru Sales program. You indicate your acceptance of this Agreement and all the terms and conditions contained or referenced in this Agreement by completing the Fortune Games Limited company and/or LotoPeru Sales Agent application process. Checking the box creates an electronic signature that has the same legal force and equivalent effect as a handwritten signature.
The agreement trial period will run for up to three (3) months. A full contract will be offered subject to the Sales Agent successfully completing LotoPeru training and achieving minimum required performance within the probationary period.
If both parties are satisfied with the trial period, both parties agree to discuss and negotiate the renewal of the Agreement in good faith for a further period.
If the agent does not wish to negotiate such renewal the agent will notify LotoPeru in writing not less than one (1) month prior to the expiry of the Term.
Registration and Verification
To become a LotoPeru Sales Agent, a Sales Agent have to complete and submit the Registration Form ("Application") by visiting www.LotoPeru.com.
The Sales Agent shall provide true and complete information to the LotoPeru when completing the Registration Form and promptly update such information if all or any part of it changes.
LotoPeru may, in its sole discretion, reject a Sales Agent Application at any time for any reason or no reason at all. The Sales Agent shall have no right to appeal any decision by the LotoPeru to reject Sales Agent Application.
If the Sales Agent fails to provide documents requested by the LotoPeru or if the Management suspects that the Sales Agent have tampered with any documents provided (or attempted to mislead or misrepresent in any other way), LotoPeru has a right to reject a Sales Agent Application or/and terminate any existing Agreement immediately or any time thereafter. LotoPeru shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of findings in regards to submitted documents.
To be eligible to receive and hold a lottery contract, a Sales Agent shall not have been convicted of any crime involving illegal gambling activity in the Republic of Peru or any other jurisdiction, or a criminal offence related to the security or business integrity of the LotoPeru or any other lottery. Sales Agent agrees to follow all Federal, Local and any other applicable laws, rules and regulations while engaged in providing services to the LotoPeru during the period of this agreement or any extension of this and/or other agreement thereafter.
The Sales Agent agrees to have lottery tickets visibly displayed for sale to the general public during normal business hours.
The price of a ticket for the customer may not be lower than the price of a ticket set by the LotoPeru lottery. A Sales Agent may not sell lottery tickets for a price greater than the LotoPeru price that is printed on the ticket, as must otherwise follow any and all policies and procedures required by LotoPeru, as modified from time to time by LotoPeru.
Commission payable by the LotoPeru to the Sales Agents shall be made in Peruvian soles (SOL); or in any other currency that may be specified by LotoPeru, if mutually agreed by both Parties.
The standard commission rate paid to Sales Agents by LotoPeru is 10% of sales; The Sales Agent's income is based only on ticket sales revenues amount.
Monthly Bonus Commission will be calculated by the LotoPeru payment department on or about the 10th of each calendar month, commissions will be paid out as part of the next LotoPeru's payment cycle, following the month for which commissions are calculated.
A Sales agent can request a payment when their account balance reaches a minimum balance of SOL 5000 (Peruvian soles). Withdrawal of the account balance can be requested once every (seven) 7 days. Payment processing can take approximately (three) 3 days from the request date. Payments will generally be paid out via available payment options or to the Sales Agent bank account.
LotoPeru will provide the Sales Agent with first line support over e-mail, telephone, online applications (apps), and/or postal service.
LotoPeru will provide the Sales Agent with second line support for the Customers as well as support in case of sudden unexpected events resulting in limitation of the Customer’ access to the services offered by the LotoPeru.
The Sales Agent agrees to pay all applicable taxes, dues, feea, including all other expenses owed in connection with the sale of the lottery tickets to its customers.
Sales Agent is responsible for all taxes, fees, National Insurance and any other applicable charges; and LotoPeru will not be liable for non-payment by Sales Agent.
Promotion of the lottery
The Sales agent agrees to actively promote the sale GG World Lottery and GG Keno, as well as any other GG approved games, which the Sales agent is authorized to sell and to post prominently point-of-sale and other promotional materials provided by the LotoPeru.
LotoPeru agrees to provide the Sales Agent with reasonable quantities of business cards, brochures, and/or other marketing material for sales purposes.
LotoPeru Lottery promotions must be visible and tickets available for purchase at all times during the operating business hours.
Sales Agent shall represent and sell the LotoPeru Lottery Tickets in the geographic area of Republic of Peru.
Sales Agent shall promptly contact the LotoPeru with reasonable frequency to discuss sales or promotional activity within the territory.
LotoPeru entrusts Sales Agent the processing of personal and customer data to the purpose and extent of this Agreement and other business purposes.
LotoPeru might process personal and customer data provided by the Sales Agent for valid business purposes, such as, but not limited to, arranging the claiming of the winnings.
The processing of personal and customer data should be understood as any operations on personal and customer data, such as, but not limited to, collecting, recording, storing, processing, providing access to and deleting information, especially those performed within IT systems.
LotoPeru can entrust the processing of personal data entrusted by the Sales Agent to the third-party.
Ethics and code of conduct
A Sales Agent shall use the most ethical and professional practices while engaging in any sales activity.
Sales Agent may not sell lottery tickets to minors (persons under the age of 18) or other inappropriate parties, nor may minors purchase lottery tickets.
Limitation of Liability
We will not be liable for to you for net losses, damages, costs or expenses (collectively, “Losses”) (i) if such Losses are due to the provision of false, misleading, incorrect or incomplete information or documentation by you, our reliance on instructions provided by you, or due to your acts or omissions, (ii) for accidental, incidental, indirect, special, punitive or consequential damages or for loss of profits or savings, even if we have been advised of, knew or should have known of the possibility of such Loss, (iii) for any statements, representations, guarantees, conditions or warranties arising from communications (oral or written) which are not expressly contained in this Agreement, it being understood that all representations to exercise reasonable care or render our Services with due care and skill which may otherwise be implied by applicable statute, common law or custom are hereby expressly excluded. We do not and cannot guarantee any outcomes as result of the Services we provide hereunder.
Sales Agent agrees to indemnify LotoPeru as follows: against any and all losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings, incurred or suffered by LotoPeru, including in respect of any claim by a third party (whether in contract, tort, or otherwise), arising from (a) Sales Agent's actions or inactions, (b) any breach by Sales Agent of Sales Agent's representations, warranties or obligations under this Agreement; and from any liabilities we may have to Sales Agent or any third party as a result of reliance by us on any information provided by you or any of your representatives, which is false, misleading, incorrect or incomplete or as a result of the failure to provide information which was material information held in your possession or control.
The indemnities in this Paragraph will include all costs incurred by the applicable party in regard to such liability or claim, including legal costs, our personnel and the costs of any expert engaged by the applicable party to assist in dealing with the applicable claim or liability in any way.
The Sales Agent agrees to protect all confidential material including customers data, sales data, and information belonging to the Company and shall take all reasonable care in making sure that such confidential material is not disbursed to anyone outside the company.
For the duration of this Agreement, any extension thereof, and any time thereafter, the Sales Agent may not reveal confidential information to any third-party.
Each of the Parties will treat the confidential information of the other Party as their own confidential information. In the event of detecting an unauthorized access to the confidential information, the Party shall immediately notify the other Party and take all the actions to retrieve the confidential information and to prevent further unauthorized actions.
The amounts listed in this Agreement and the content of the Agreement are confidential information.
Amendment and Modification
LotoPeru reserve the right to update, change, modify, add, or remove any of the terms of this Agreement at any time, in its sole discretion, by either emailing a Sales agent a change notice or by posting the new version of the Agreement on LotoPeru Website. Any such modification will only take effect 30 days after the date of posting or sending of any such notice. If any modification is unacceptable to the Sales agent, the only recourse is to terminate this Agreement.
A Sales Agent agrees to abide by the requirements and all LotoPeru terms and conditions for promoting ad selling lottery tickets. Breach of any of company terms and conditions may result in the LotoPeru terminating the Sales Agent's right to promote, sell any LotoPeru products and services, and/or any other activities connected to LotoPeru. In such event, Sales Agent promises to return promptly all promotional materials provided by the Company to the LotoPeru Sales Manager, if either party terminates this agreement.
Agent must povide LotoPeru with a 30-day written notice should the Sales Agent intend to terminate the agreement with LotoPeru.
This entire agreement shall be governed, construed, and enforced in accordance with the laws of the Republic of Peru, without regard to its conflict of laws rules.
Last updated on February 18, 2021