TERMS AND CONDITIONS
These Terms and Conditions are valid from April 23, 2008. 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 Pokerihuone.
1. GENERAL
1.1. In completing the Affiliate Sign-up Form, and, subsequently marketing and referring new Members to Pokerihuone, you agree to be bound by all the Terms and Conditions set out in this Agreement.
1.2. To be able to complete the affiliate registration you must have a registered a Player Account with Pokerihuone.
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 Pokerihuone may request.
1.4. On your acceptance of this Agreement by completing the Affiliate Sign-up Form, Pokerihuone will automatically become your counter-party to this Agreement.
2. MARKETING CODE AND RULES (“the Code”)
2.1. Any marketing done by you must be in accordance with this document and you acknowledge Pokerihuone's right to terminate, change, modify and /or withdraw any type of marketing activity if in Pokerihuone's reasonable opinion the marketing activity does not comply with the Code, any applicable law and/or the Terms and Conditions.
2.2. The Code shall not be seen or understood as an exhaustive set of rules; You always have the obligation to market the Pokerihuone site in the light of any other set of rules, applicable laws and instructions applicable to the specific marketing situation.
2.3. You shall not publish in any manner whatsoever, through any medium and in any place advertising or marketing materials and/or promotional activities that:
- encourages anyone to contravene any law; or
- targets individuals under the legal gambling age; or
- shows people under eighteen years gambling; or
- is false or untruthful, particular about the chances of winning or the expected return to a individual; or
- suggest that gambling is a form of financial investment; or
- suggest that skill can influence games that are purely games of chance; or
- promotes smoking and, or the abuse of the consumption of alcohol while gambling; or
implies that gambling promotes or is required for social acceptance, personal or financial success or the resolution of any economic, social or personal problems; or
- contains endorsements by well-known personalities or celebrities that suggest gambling contributes to their success; or
- exceeds the limits of decency; or
- encourage individuals to chase their losses or re-invest their winnings.
2.4. You shall when publishing intellectual property such as trademarks, marks, texts, content and logos and/or pictures or photographs reproducing or visualizing intellectual property or individuals in any manner whatsoever, through any medium and in any place secure and assure that you have obtained the permission to use such material from the owner of the intellectual property or the individual.
2.5. If you organize events or participate as sponsor or similar in events organized by third party, you shall secure and assure that the event is in compliance with all relevant applicable laws and that the organizer is in possession of necessary applicable permissions if any such is required for the event.
2.6. You shall not provide or offer credits to a customer in any way.
2.7. You have no right or authority to assume or to create any contractual obligation or responsibility on behalf of Pokerihuone.
2.8. The Partner shall consult with Pokerihuone before the launch of a marketing activity if in any doubt about how the marketing activity acts in accordance with to the Code.
2.9. You may market to and refer potential Members to Pokerihuone at your own expense. You will be solely responsible for the content and manner of your marketing activities.
2.10. You are only allowed to advertise Pokerihuone 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 Pokerihuone or other websites within the Entraction Network (former B2B Poker Network) is strictly forbidden. If Pokerihuone finds that you have participated in such activities, Pokerihuone reserves the right to close your account immediately and withhold all earnings and remaining funds on account(s).
2.11. The cumulative monetary value refunded to player in the form of poker signup/deposit bonus, VIP CashBack Gold, rakeback, or any other prize cannot exceed 60% of the rake generated by customer within the period of promotion validity.
2.12. Any “rakeback”, other then as described below in clause 2.13 – 2.15, is strictly forbidden within Entraction Network.
2.13. The maximum rakeback allowed within Entraction Network is 30% of the rake on the condition that customer is not gaining from VIP CashBack Gold program.
2.14. Referring to International Poker Network Rules (Boss Media), on monthly payout plans for CardRoom2 rakeback, no rakeback under €30 is allowed to be paid out.
2.15. Referring to International Poker Network Rules (Boss Media), CardRoom2 rakeback may not be advertised on any Partner’s homepage.
2.16. The maximum ratio allowed for poker signup, deposit and reload bonuses is €0.1 for 1 VIP-point earned.
2.17. Sportsbetting signup and reload bonuses shall not exceed €50 and 10% of the deposited amount. The minimum wagering requirements is 3 times with the minimum odd of 1.50. The deposit plus bonus and winning are locked in the sportsbetting account for 30 days after the deposit.
2.18. Casino signup and reload bonuses shall not exceed €200. The minimum wagering requirement is 25 times. Baccarat, Black Jack, All Casino Hold´ems, Jackpot 6000, Craps, Jacks or Better and Roulette do not count towards wagering. The bonus money cannot be withdrawn unless wagering requirements fulfilled.
2.19. Non-deposit bonuses (instant bonuses) shall have clearing or wagering withdrawal requirements as €0.1 for 1 VIP-point for poker and 30 times for Casino. Non-deposit bonuses (instant bonuses) for Sportsbetting are forbidden.
2.20. If the VIP Cash Back Gold program is used, it shall be used within the levels above. Making changes in the levels or paying more money on top of the levels etc. is strictly forbidden.
2.21. The exchange of VIP-points to cash is forbidden. VIP-points can be used as payment for tournament buy-ins and other network related features, but the value of 1 (one) VIP-point in this case shall not exceed €0.01 (100VIP = 1€ buy-in).
2.22 It is strictly forbidden for you to use the chat at Pokerihuone in order to get other customers’ contact details or to give your own contact details.
2.23. 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 a prior written approval for such incentives. In the event that you do not receive such approval and offer such incentives, Pokerihuone reserves the right to cancel your participation in the program, and withhold all earnings and remaining funds on account(s).
3. AFFILIATE COMMISSION
3.1. The Affiliate is paid a commission according to the Gross Revenue Percentage Plan as outlined below, unless otherwise agreed.
Monthly Gross Revenue Affiliate Commission
0 - € 5,000 20% commission
€ 5001 - €12000 25% commission
€12001 - €25000 30% commission
€25001 - €35000 35% commission
€35001+ 40% commission
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 Pokerihuone, and no previous record of their email address, or other details that Pokerihuonedeem 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. Pokerihuone 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. Pokerihuone 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, unless otherwise agreed. Pokerihuone 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 Pokerihuone. 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. Pokerihuone 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 fulfill 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 Pokerihuone without any notice if you cease promoting Pokerihuone 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 Pokerihuone without any reasons regulated in 6.7-
6.9 Pokerihuone 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 Pokerihuone will pay all commissions due at time of termination, but Pokerihuone 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 Pokerihuone 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 Pokerihuone determine, in its reasonable discretion, that the Affiliate has materially violated this Agreement, Pokerihuone may in its sole discretion terminate this Agreement and confiscate all the Affiliate’s commissions and remaining funds on Affiliate’s account(s).
6.10 Pokerihuone reserves the right to report all violations of paragraphs 2.1-2.23 to Entraction Network (former B2B Poker Network) which also reserves the right to close all your affiliate accounts within the Network and withhold all earnings and remaining funds on account(s).
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 Pokerihuone changes, the obligations under this Agreement shall be honored by the new owners.
7.2. Pokerihuone 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 Pokerihuone or written notice given to the Affiliate.
7.3. This Agreement and the rights and obligations hereunder may not be assigned by you without Pokerihuone written consent.
7.4 All information, including but not limited to e-mail addresses, customer personal details, business and financial data and information, lists of customers shall be treated confidentially. These details must not be used for the Affiliate's own commercial or other purposes, nor communicated to any third party for any reason.
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. Pokerihuone obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of Pokerihuone or any related company or partner. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. Pokerihuone 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. Pokerihuone 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 Pokerihuone. 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 Pokerihuone 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.
BY SUBMITTING THE SIGN-UP FORM YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.