Terms & Conditions
MARKETING AGREEMENT PokerAffiliate.comFOR THE FULL AGREEMENT, PLEASE CLICK HERE
Last revise: 2009-10-14
HIS AGREEMENT is made between Ellmount Gaming (a partner within the Ongame Network) a company managing certain sites including, but not limited to, CasinoRoom.com, EuroPoker.com, PokerAffiliate.com and SkillRoom.com (hereinafter the "SITES" or "we/us/our,"), and the undersigned Affiliate, ("Affiliate" or "you/your"), (collectively referred to as the "Parties") on the date the online registration form is submitted to and approved by us. This Agreement governs the terms and conditions relating to Affiliate's promotion of the websites: www.CasinoRoom.com, www.EuroPoker.com and www.skillroom.com and any other website subsequently included in the Affiliate Program (collectively referred to as the "Websites")
IMPORTANT! By becoming an Affiliate, you agree to be bound by this Agreement. In addition, you are subject to any policies, guidelines and rules applicable to such promotional activities, which may be posted by SITES from time to time.
The SITES reserve the right to revise, amend, or modify this Agreement and our other policies, guidelines, and rules at any time and in any manner
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT SIGN UP AND/OR PROMOTE THE WEBSITE(S).
1. GRANT OF LICENSE AND AFFILIATE'S CONTENT
SITES agree to provide access to, and membership in, the Affiliate Program (as defined below) and to provide Affiliate with the ability to market, advertise and promote certain services, content, images, recordings, video, audio, links, computer script, advertising banners, and other promotional materials (hereinafter, "Materials") that are associated with the Affiliate Program from time to time, and hereby grants a non-exclusive, restricted, revocable license to use such Materials solely for the purpose of promoting the websites in accordance with this Agreement. The Affiliate shall be solely responsible for all content available on or through the Affiliate Site (as defined below) created for participation in the Affiliate Program, which shall at all times be subject to the terms of this Agreement.
3. ENROLLMENT PROCEDURE
To begin the enrollment procedure, you must submit a completed Affiliate Application form through our Affiliate Website located at: www.pokeraffiliate.com. When you sign up, you must provide a valid email address. Failure to do so will result in your account being deleted. We preserve our right to evaluate your application in good faith and will notify you of our acceptance or rejection
5. COMPENSATION AND BENEFITS
Affiliates will be compensated in accordance with the schedule posted here: www.pokeraffiliate.com/about/partnership (the “Schedule”), which may be altered from time to time without notice. Affiliate agrees to periodically review the Schedule for any changes, which are effective immediately upon posting. Compensation is subject to proper technical specification with the burden of error placed on the Affiliate.
6. LICENSE RESTRICTIONS
6.1 The Affiliate understands, agrees and acknowledges that the marketing opportunity marketed in this Agreement is for commercial use only, and the Affiliate may not sign up or make deposits to any Player Account, directly or indirectly, through the Affiliate's Tracker(s) (or any Sub-Affiliate/2nd Tier Affiliate tracker) for the Affiliate's own personal use, to fraudulently increase the Balances or to otherwise defraud SITES. In no event is the Affiliate to receive Balances on the Affiliate's own Player Account. Violation of this Provision shall be considered as Fraud Traffic.
6.2 The Affiliate shall only use Trackers for its sole use and the Affiliate shall not assign, transfer or share the use of Trackers to others without SITES' written consent.
10. INTELLECTUAL PROPERTY
10.1 The Affiliate acknowledges that SITES owns, retains and/or has exclusive rights to all copyrights and other proprietary rights, as well as any software supplied by SITES, in all of the foregoing. The Affiliate shall not assert any claim or interest in or to any trademark, trade name, copyright, patent, trade secret, domains, Website mark or logo belonging or licensed to SITES, or do anything to adversely affect their validity or enforceability. This includes any act or assistance to any act that may infringe, or lead to the infringement of, any software copyright.
10.2 Without limiting the generality of the foregoing terms, the Affiliate shall not itself attempt, or assist any third party in attempting, to register any trademark, trade name, copyright, patent, or other proprietary right with any governmental agency (federal, provincial, local or otherwise) or with any other entity or authority, without the express, unequivocal and unambiguous prior written consent of SITES. The Affiliate shall not attach any additional trademarks, logos or trade designations to the Software; and shall ensure that none of the trademarks (or any variations thereof) appear in any portion of the Affiliate's name, or any name under which the Affiliate conducts business. The Affiliate shall not affix a trademark, logo or trade name of SITES to any non-SITES product. The Affiliate shall not alter, erase, deface or overprint any notice of proprietary rights on anything provided by SITES.
10.3 Further, the Affiliate is not permitted to use SITES name/s in any variation, bid on misspellings of SITES name/s, bid on competitor terms and send traffic to SITES or use SITES name/s within its search copy, titles and/or domains.
15.1 Date of payments. Balances shall be paid between the first and the tenth of each calendar month, except when the total amount due for all Trackers is less than USD100, the Balance will be carried over and added to the next Balance due until the Balance due is USD 100 or more.
15.2 Method of Payment. All payments will be due and payable in United States Dollars only. Payment will be made by Neteller or any other method as SITES in their sole discretion decide, however, SITES will try to accommodate the Affiliate's preferred payment method. Any charges, if any, for payments will be covered by the Affiliate and deducted from the Balance.
Affiliate agrees to defend, indemnify, defend, and hold SITES and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (a) any breach of Affiliate's representations, warranties or covenants under this Agreement; (b) Affiliate's use (or misuse) of the Materials; (c) all conduct and activities occurring under Affiliate's user ID and password; (d) any item or service sold or advertised in connection with Affiliate Site or Affiliate's information and data; (e) any defamatory, libelous or illegal material contained within Affiliate Site or Affiliate's information and data; (f) any claim or contention that Affiliate Site or Affiliate's information and data infringes any third party's patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity; (g) third party access or use of Affiliate Site or Affiliate's information and data; (h) any claim related to Affiliate Site; or (i) any violation of this Agreement. SITES reserve the right, at their own expense, to participate in the defense of any matter otherwise subject to indemnification from Affiliate, but shall have no obligation to do so. Affiliate shall not settle any such claim or liability without the prior written consent of SITES, which shall not be unreasonably withheld. The Affiliate understands that SITES will take drastic measures to protect itself from any legal liability or civil or criminal litigation including, but not limited to, removing an Affiliate's web page(s) or website(s) from its servers for any reason deemed appropriate by SITES. Affiliate also understands that SITES will charge, on an hourly basis, for any and all time spent responding to any third party complaints, disputes, copyright claims or actions involving Affiliate or Affiliate Site.