POKER AFFILIATE AGREEMENT
TERMS AND CONDITIONS
These Terms and Conditions are valid from November 8th, 2005. The text modifies, replaces and supersedes all prior versions of this Agreement. This Affiliate Agreement (“Agreement”) contains the complete Terms and Conditions between you (“the Affiliate”) and .
1. GENERAL
1.1. In completing the Affiliate Sign-up Form, and, subsequently marketing and referring new Members to , you agree to be bound by all the Terms and Conditions set out in this Agreement.
1.2. To be able to complete the registration you must have a Player Account with .
1.3. You must provide true and complete information to us at all times; including but not limited to, your contact information, payment instructions, nationality, residency, location and nature of your marketing activities, and any other information that may request.
1.4. On your acceptance of this Agreement by completing the Sign-up Form, will automatically become your counter-party to this Agreement.
2. MARKETING
2.1. You may market to and refer potential Members to at your own expense. You will be solely responsible for the content and manner of your marketing activities. You will not actively target your marketing to minors or in jurisdictions where such marketing may be considered illegal.
2.2. will make promotional material such as banners, text links, promotional sign-up codes and other links and tools that will help you to find new Members and have them tagged to you.
2.3. You are only allowed to advertise through approved marketing activities. The use of spam e-mails or advertising on adult web sites as well as trying to recruit Members through the chat at or other websites within the Entraction Network (former B2B Poker Network) is strictly forbidden. If finds that you have participated in such activities, reserves the right to close your account immediately and withhold all earnings.
2.4. In the event that you desire to offer certain incentives to potential new Members, beside the bonuses linked to your sign-up codes, you are required to receive approval for such incentives. In the event that you do not receive such approval and offer such incentives, reserves the right to cancel your participation in the program, and withhold all earnings.
3. AFFILIATE COMMISSION
3.1. The Affiliate is paid a commission according to the Gross Revenue Percentage Plan:
Monthly Gross Revenue Affiliate Commission
0 - € 5,000 20% i provision
€ 5001 - €12000 25% i provision
€12001 - €25000 30% i provision
€25001 - €35000 35% i provision
€35001+ 40% i provision
3.2. For Poker Gross Revenue will be calculated as the gross rake less costs for promotions given to the players (bonuses, tournament sponsorship, VIP-points etc) and any costs for chargebacks (Credit Card fraud). The gross rake includes rake from cash games and fees from tournaments.
3.3. If the Monthly Gross Revenue is negative the negative balance will be carried forward to the next month.
4. TRACKING
4.1. All New Members that use an Affiliate unique tracking URL or sign-up code will automatically be tagged to the Affiliate. Codes can be provided in limited or unlimited series and can be connected to different promotions.
4.2. A "New Member" is defined as a new user without a prior account with , and no previous record of their email address, or other details that deem to show connection between accounts, that opens a new user account. Neither you nor your relatives are eligible to become New Members via your Affiliate account, and should you or they do so you will not be eligible to receive the relevant commission. ’s measurements and calculations in relation to the number of New Members and the relevant Gross Poker Revenue figures shall be the sole and authoritative tool, and shall not be open to review or appeal.
4.3. will track and report Member activity for purposes of calculating your Affiliate commission. You will be provided a web interface allowing you to follow your Members activity. Normally all the data will be updated at least every day.
5. SETTLEMENT
5.1. All commissions are paid on a monthly basis to the Player Account, no later than 20 days after the end of each calendar month. reserves the right to freeze pay-outs if investigations regarding fraud or abuse needs to be conducted before the commission can be determined. From the Player Account withdrawals can be requested by different payment methods.
5.2. If paid promotions and chargebacks exceed the gross rake, the net losses will be carried forward to the next month.
5.3. If the Affiliate disagrees with the monthly settlement report or amount payable, no payment for such amount should be accepted and a written notice of the disputed amount should immediately be sent to . Dispute notices must be received within sixty (60) days of the end of each period for which payment is made, or the Affiliate’s right to dispute such report or payment will be deemed waived.
5.4. The Affiliate bears the sole responsibility to report revenues and pay taxes (if applicable) to local authorities. takes no responsibility whatsoever toward local authorities.
6. TERM AND TERMINATION
6.1. This Agreement will take effect when you complete the Affiliate Sign-up Form, and will continue until terminated by either Party.
6.2. This Agreement is not limited in time and is extended for as long as both Parties fulfil their obligations and neither of the Parties has terminated the Agreement.
6.3. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via fax or e-mail.
6.4. This Agreement can be terminated by without any notice if you cease promoting ’s services.
6.5. If this Agreement is terminated you should immediately remove all links, marks and logos etc from your website.
6.6. If the Agreement is terminated by without any reasons regulated in 6.7-6.9 will continue to pay commission for all earnings generated by existing Members who signed up before the effective date of termination.
6.7. If the Affiliate terminate this Agreement will pay all commissions due at time of termination, but shall have no obligation to make any further payments of commissions to you.
6.8. If the Affiliate’s Members fail to generate at least € 50 in gross rake for three (3) consecutive months may terminate this Agreement and shall have no obligation to make any further payments of commissions to you. The same applies if the Agreement is already terminated but commissions still paid according to 6.6.
6.9. Notwithstanding anything to the contrary contained herein, in the event determine, in its reasonable discretion, that the Affiliate has materially violated this Agreement, may in its sole discretion terminate this Agreement and confiscate all the Affiliate’s commissions.
7. RIGHTS AND OBLIGATIONS
7.1. Customers tagged to the Affiliate will remain tagged to the Affiliate as long as this Agreement is valid unless otherwise agreed between the Parties. If the ownership of changes, the obligations under this Agreement shall be honoured by the new owners.
7.2. reserves the right to transfer its rights and obligations according to this Agreement to another party, after notice to the Affiliate. Such notice will be considered given after the Terms and Conditions for Affiliates have been updated on or written notice given to the Affiliate.
7.3. This Agreement and the rights and obligations hereunder may not be assigned by you without ’s written consent.
8. LIABILITIES
8.1. We do not guarantee that our system, network, software or hardware will be error free or operated without disturbances.
8.2. ’s obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of or any related company or partner. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. ’s liability is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind.
8.3. You acknowledge that you have read this Agreement and agree to all its terms and conditions.
9. MISCELLANEOUS
9.1. reserves the right to modify any of the terms of this Agreement at any time, in our sole discretion, by either E-mailing you a change notice or by posting the new version of the Agreement on . It is your responsibility to visit the website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following posting or notice of change will be deemed binding acceptance of the modification.
9.2. All notices pertaining to this Agreement shall be given to in written or by email. Notices to the Affiliate will be sent to you at the email address provided in your Player Account.
9.3. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the Parties hereto will be determined in accordance with the laws of Malta.