|
Back to affiliate program main menu.
Big River Poker Partnership Program Agreement
I. GENERAL
This Standard Affiliate Agreement ("Agreement")
contains the complete terms and conditions that apply
to an individual's or entity's participation in the
Big River Poker affiliate program ("Partnership
Program"). As used in this Agreement, "we"
and "Big River Poker" means the website Big
River Poker and its operators, and "you" and
"Affiliate" means the individual or entity which applied
as the "BENEFICIARY" for payment purposes
on our sign up form ("Affiliate Sign Up Form")
as submitted at the Website. Website" means the
Big River Poker website located at http://www.Big River
Poker/ and its related pages as well as the downloadable
application for playing multi-player poker.
By marketing to and referring new Players to Big River
Poker through a Tracker, YOU AGREE TO BE BOUND BY ALL
THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
We will automatically become counter-Popular to this
Agreement. IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT PROMOTE
Big River Poker.
II. DEFINITIONS
1 "Account" is the uniquely assigned account that is
created for Player when he/she opens an account at the
Website. "Banners and Text Links" means the graphical
artwork or text that you use to hyperlink Players from
your site to the Website. 6 "Gross Revenue" is
calculated as the sum total of all Players' contribution
to all "rakes" the Players were involved while
playing at the Website, less any credits, bonus or promotional
amounts given to Players, chargebacks or any uncollectable
revenue attributable to the Player. Moreover, a Player's
contribution to the "rakes" shall be determined
as the quotient obtained when dividing the actual amount
of each rake to which the Player had contributed divided
by the total number of players at the table at the start
of the hand. So, if the rake in a hand with ten players
at the table is three dollars ($3.00), each player's
contribution to the rake will be thirty cents ($0.30).
"Gross Revenue Percentage Plan" means we pay you
based on a percentage of the Monthly Gross Revenue generated
by Players.
2. "Fraud Traffic" means deposits, Gross Revenue
or traffic generated at the Website through illegal
means or in bad faith to defraud us, regardless of whether
or not it actually causes us harm. Fraud Traffic includes
but is not limited to spam, false advertising, deposits
generated on stolen credit cards, collusion, manipulation
of the service, system, bonuses or promotions, and any
other unauthorized use of any third Popular accounts,
copyrights or trademarks. "Tracker(s)" means the
unique Tracking URL or Sign Up Bonus Codes that we provide
exclusively to you, through which we track and calculate
Affiliate Fees.
"Monthly Gross Revenue" means Gross Revenue as
calculated at the end of each calendar month for calculation
of your Affiliate Fee which is typically paid shortly
after the end of each calendar month. "Tracking URL"
means a unique hyperlink to the Website through which
you refer potential Players to the Website. When the
Player opens his/her Account, the system automatically
logs the Tracking URL and records you as the Affiliate.
"Per Sign Up Plan" means we pay you based on the
number of Real Money Players that signed up. "Player(s)"
or "Player's Account" means the Account(s) opened at
the Website by a person, via a Tracker assigned to you,
during the term of this Agreement. "Real Money Player(s)"
means a Player that makes a real money deposit to his/her
Account (at any time after opening the Account).
III. TERMS & CONDITIONS
Identity and Disclosure. You must provide true and complete
information to us at all times; including but not limited
to, your identity, contact information, payment instructions,
nationality, residency, location and nature of your
marketing activities, and any other information that
we may request from time to time.
Marketing Activities and Responsibilities. You will,
at your own cost and expense, market to and refer Players
to the Website. You will be solely responsible for the
content and manner of your marketing activities. All
marketing activities must be professional, proper and
lawful under applicable rules or laws. You represent
and warrant that you will not place Banners or Text
Links to us on any website, or use any media or medium,
which is libelous, discriminatory, obscene, unlawful
or otherwise unsuitable. Under no circumstances may
you market to or refer persons less than 21 years of
age to the Website, regardless of the age of majority
in the location you are marketing.
Approved Marketing Materials. You will only use marketing
materials that have been provided by us and/or pre approved
by us. You will not modify our marketing materials,
copyrights, logos, etc., without our written consent.
During the term of this Agreement, we grant you a terminable,
non-exclusive, non-transferable right to use our logo,
trademark and other copyrighted promotional materials
for the sole purpose of marketing to and referring Players
to the Website. Generally we will provide you, without
charge, the guidelines, graphical artwork and permitted
text to use in promotional materials. However, CDs and
other customized promotional materials provided to you
will be AT COST and deducted from Affiliate Fees payable
to you.
Non Assignment. Trackers are for your sole use and are
not to be assigned to others without our written consent.
Good Faith Marketing. You will not knowingly or unknowingly
benefit from any known, unknown, suspected or unsuspected
Fraud Traffic. For clarity, we reserve the right to
withhold or backout amounts generated by Fraud Traffic
from Affiliate Fees on the Trackers, regardless of whether
you participated in or knew about the Fraud Traffic.
In the event you knowingly participate in, or knowingly
benefit from, Fraud Traffic with the intent to defraud
the system, then we may terminate this Agreement effective
immediately and forfeit any and all Affiliate Fees due
to you.
Player Information. By opening an Account at the Website,
Players will be subject to all of our rules, policies
and operating procedures that govern their activity
at the Website. We reserve the right to refuse service
to any potential Player and to close the Account of
any Player, at any time, in our sole discretion. All
data relating to the Players will remain our sole and
exclusive property and you acquire no right to such
information, except as expressly stated herein.
IV. Reports & Payments
Reports. We will track and report Player activity for
purposes of calculating your Affiliate Fees. The form,
content and frequency of the reports may vary from time
to time in our sole discretion. At a minimum you will
receive a monthly report with your payment indicating
the number of new Players signed up that month, per
Tracker, and/or the total amount of Monthly Gross Revenue
collected from Players that month, per Tracker. In addition,
this information will be available to you online in
real time, under password protection, to view the daily
number of new Players, number of Real Money Players
and/or Gross Revenue for the current and prior calendar
month.
Affiliate Fees. Depending on which payment plan you
signed up for (Gross Revenue Percentage Plan versus
Per Sign Up Plan), you will be paid, on a monthly calendar
basis, according to the amounts stated on the sign up
form (as confirmed to you by E-mail).
Time of Payment. Affiliate Fees will be paid and sent
out to you within fifteen (15) days of the close of
each calendar month, except that, if the total amount
due is less than $50, the balance will be carried over
and added to the next month's Affiliate Fees until the
total amount is more than $50. In the event, the balance
amount carried over does not total $50 within a consecutive
three (3) month period, then the amount due will be
voided and cancelled, and we may terminate this Agreement.
Holdover for Fraud Traffic. In the event Fraud Traffic
on your Trackers is abnormally high, or there is suspicious
activity, then we may delay payment to you for up to
one hundred and eighty (180) days to verify the transactions
and to otherwise ensure that such Fraud Traffic is identified,
reversed and properly allocated to your Affiliate Fees.
Method of Payment. All payments will be due and payable
in United States Dollars only. Charges for wires or
courier charges for checks will be covered by you and
deducted from your payment.
Disputes. Deposit of payment check, acceptance of payment
transfer or acceptance of other payment will be deemed
full and final settlement of Affiliate Fees due for
the month indicated. Hence, if you disagree with the
reports or amount payable, do NOT accept payment for
such amount and immediately send us written notice of
your dispute. Dispute notices must be received within
thirty (30) days of the end of each month for which
payment is made, or your right to dispute such report
or payment will be deemed waived.
V. TERM AND TERMINATION
Term and Termination. This Agreement will take effect
when you start promoting the Website. This Agreement
will be continuous for one full year.
Termination By You. You may terminate this Agreement,
with or without cause, immediately upon written notice
to us. In addition, you may cease marketing the Website
any time you want.
Termination By Us. We may terminate this Agreement,
with or without cause, upon thirty (30) days written
notice to you. Further, we may terminate this Agreement
immediately, without notice, in the following events:
You materially breach this Agreement and do not cure
within fifteen (15) days of notice to cure. We determine,
in our reasonable discretion, that you knowingly benefited
from Fraud Traffic as set before.
Effect of Termination: The following will apply upon
the effective date of termination:
a. You will cease promotional activity and all rights
and licenses given to you under this Agreement will
terminate immediately, except as expressly stated herein;
b. You will return all confidential information and
cease use of any of our trade names, trademarks, service
marks, logos, banners and other designations of Big
River Poker;
c. We may leave open, redirect or deactivate any Trackers
in our sole discretion without any obligation to pay
you on new Players who come in or would have come in
on those Trackers;
d. We will continue to pay you Affiliate Fees for all
existing Players who signed up through the effective
date of termination and on any Gross Revenue generated
by these Players for as long as they continue to play
in accordance with this Agreement; however if we suspect
Fraud Traffic, we may withhold payments for up to one
hundred eighty (180) days, from the original due date,
to ensure that the payment is correct and that any fraud
has been reversed out; and
e. In the event we determine, in our reasonable discretion,
that you knowingly participate in Fraud Traffic, as
set forth in Section 2.8 herein, we may in our sole
discretion stop, cancel and forfeit all your Affiliate
Fees; and in such case, we do not give up any other
legal rights we have against you.
VI. LIABILITIES
No Warranties. WE DO NOT WARRANT THAT OUR SYSTEM, NETWORK,
SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD
PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED. WE MAKE
NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
OR SUITABILITY OF OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE
(OR THAT PROVIDED TO US BY THIRD PARTIES). WE (OR OUR
PROVIDERS OR UNDERLYING VENDORS) ARE NOT REQUIRED TO
MAINTAIN REDUNDANT SYSTEM(S), NETWORK, AND SOFTWARE
OR HARDWARE.
Billing and Collection Limitations. We may in our sole
discretion, with or without notice, use any available
means to block or restrict certain Players, sign ups,
deposits or play patterns so as to reduce the number
of fraudulent, unprofitable transactions or for any
reason whatsoever, including but not limited to daily
or monthly purchase limits, address verification or
negative and positive credit card databases. We do not
guarantee or warrant the success of such fraud prevention
efforts.
Liability Limitations. Our obligations under this Agreement
do not constitute personal obligations of the directors,
officers, employees or shareholders of Big River Poker.
Any liability arising under this Agreement will be satisfied
solely from the revenues generated hereunder. Our 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 (regardless
of whether we have been advised of the possibility of
such loss).
Indemnification. You will defend, indemnify and hold
us and our officers, directors, employees and representative
harmless from and against any and all liabilities, losses,
damages and costs, resulting from or arising from, your
breach of this Agreement.
VII. INDEPENDENT INVESTIGATION
Independent Investigation. YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF MARKETING Big River Poker AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Independent Research. You understand that gambling laws
may vary from city to city, state to state and country
to country. YOU HAVE INDEPENDENTLY EVALUATED THE LAWS
IN YOUR LOCALE WHICH APPLY TO YOUR ACTIVITIES AND BELIEVE
THAT YOU MAY PARTICIPATE IN OUR Affiliate Program WITHOUT
VIOLATING ANY APPLICABLE RULES OR LAWS.
Entire Agreement. This Agreement embodies the complete
agreement and understanding of the parties hereto with
respect to the subject matter hereof and supersedes
and preempts any prior understandings or agreements
between the parties, written or oral, which may be related
to the subject matter hereof. The headings in this Agreement
are for convenience only and will have no effect on
the construction of this Agreement.
IN WITNESS WHERE OF, you expressly agree to the terms
and conditions of this Agreement by submitting the Affiliate
Sign Up Form.
Big River Poker
Modified March 24th.
|