AFFILIATE POKER AGREEMENT
TERMS AND CONDITIONS
These Terms and Conditions are valid from23rd of June , 2008. This agreement (hereafter called the “Agreement”) contains the Terms and Conditions between the Affiliate and PokerInVenice.
1. GENERAL INFORMATION
1.1 Upon filling up the Affiliate registration form and by trading and addressing New Members to PokerInVenice You agree to abide by the Terms and Conditions as set in this agreement.
1.2 In order to complete the registration, a player account on PokerInVenice is required.
1.3 You shall grant us complete and actual information, including, but not limited to, contacts, payment instructions, nationality, permanent address, the place and nature of Your marketing activities and any other information that PokerInVenice may require.
1.4 Upon the acceptance of this Agreement and by filling up the Registration form, PokerInVenice shall be Your counterpart in this Agreement.
2. MARKETING
2.1 At Your expenses, You can trade and communicate new potential Members to PokerInVenice. You shall be the only responsible for the content and the modality of development of the marketing activities. You shall not be able to address actively Your marketing activities to people under the legal age or under jurisdictions where such activities could be considered illegal.
2.2 PokerInVenice shall create the promotional material such as banners, text links, promotional registration codes and other links and tools that could be useful for You in order to find New Members with reference to Your name.
2.3 You can promote only through approved marketing activities. The use of spamming or advertising e-mails on adult web sites, the use of PokerinVenice or any other Sportalnet ltd. website chat in order to find New Members is strictly prohibited. In case PokerInVenice hears about Your participation in such activities, it shall reserve the right to close Your account immediately by withholding all Your incomes.
2.4 In case You wish to offer incentives to potential New Members, together with bonus connected to Your registration codes, You must receive an approval. In case You offer such incentives without having received any approval, PokerInVenice reserves the right to cancel Your participation in the program by withholding Your incomes.
3. AFFILIATE COMMISSION POKER
(Scheme of percentages earned on rake or bonuses on players enrolled by you CPA)
3.1 The Affiliate shall be given a commission according to the following table of Gross Income percentages:
Weekly Gross Revenue Affiliate Commission
€ 0 - €1.250 = 27%
€ 1.250 - € 2.500 = 30%
€ 2.501 - € 5.000 = 33%
€ 5.000 or above = 35%
3.2 Poker Gross Revenue means the gross income minus the expenses paid for the promotions for the players (bonus, sponsorship of tournaments, VIP points, government tax ,etc) and whichever expense for charge backs (Credit card frauds). The gross income includes the income deriving from the payment games and from tournaments.
3.3 Should the Weekly gross revenue be negative, the negative balance shall be reported in the following Week.
3.4 Bonus Schemes- CPA ( Bonuses on players enrolled by you)
Bonuses will be received according to the list below for each active player enrolled by you.
3.5 From the 1st to the 10th player 75 euro will be paid to the affiliate if the player pays in a minimum of 25 euro and reaches 100 player points (PG)
From the 11th to the 25th player 100 euro will be paid to the affiliate if the player pays in a minimum of 25 euro and reaches 100 player points (PG)
From the 26th to the 50th player 125 euro will be paid to the affiliate if the player pays in a minimum of 25 euro and reaches 100 player points (PG)
From the 51st to the 150th player 150 euro will be paid to the affiliate if the player pays in a minimum of 25 euro and reaches 100 player points (PG)
3.6 Provisional Plan For The Casino
3.7 The affiliate will receive a monthly bonus the following Monday upon expiry of the 4th week on the clients’ net profit from winnings and losses of casino games available on www.pokerinvenice.com
Calculations of commission payments will begin at 00.01 on Sunday night and will terminate at 23.59 on the 4th successive Saturday or in relation to the beginning of the month referred to.
The commissions will be calculated as follows:
Players total losses (100 euro) – Players total winnings (50 euro) = 50 euro net profit.
The affiliates percentage will be calculated on the net of 50 euro.
In cases when the total amount of players winnings surpass the total losses of the same network at the expiry of the 4th week of playing , the affiliate will not earn any commission neither will be charged any negative bonus.
3.8 Commissions
The affiliate will receive the following provisions or monthly bonuses:
10% on the net earnings up to 10,000 euro on players’ losses, of the same network throughout the 4 weeks.
15% on the net earnings up to 15,000 euro on the players’ losses, of the same network throughout the 4 weeks.
20% on the net earnings more than 15,001 euro on the players’ losses, of the same network throughout the 4 weeks.
4. TRACKING
4.1 All the New Members that use a specific URL of Affiliated tracking or code of registration, shall be automatically connected to the Affiliate. The codes can be assigned in limited or unlimited series and can be combined with various promotions.
4.2 “New member” means a new customer without any former account on PokerInVenice, and without any former registration with the e-mail address or other details that PokerInVenice assumes to be in connection with any account, that it opens new account a customer. Neither You nor nobody of Your relatives can become a New Member through Your Affiliated account, otherwise the relative commission shall not be credited to You. The evaluations and calculations concerning New Members and the Poker Gross income by PokerInVenice shall have a unique and authoritative value and shall not be object neither of reviews nor appeals.
4.3 In order to calculate the commissions of Your Affiliate, PokerInVenice shall track and annotate the activities of the Members. You’ll be given a Web interface to supervise the activity of Your Members. Normally, all data shall be updated at least once a day.
5. BALANCE
5.1 In order to deposit money on a PokerInVenice account, you need to open an account with moneybookers, any other available gateways or credit cards.
All commissions are credited to the affiliate’s account weekly . Before establishing the commission, PokerInVenice reserves the right to freeze the pay-out in case a survey of any fraud or abuse is required. Withdrawals of money from the Player Account with various forms of payment are allowed.
5.2 In case the promotions and the chargebacks exceed the gross profit, the net losses shall be reported in the following week.
5.3 In case the Affiliate is not in agreement with the balance report or with the amount due, the payment of such amount shall not be accepted and it shall be necessary to transmit immediately a written notification inherent to the contested amount to PokerInVenice. Such notifications concerning divergences shall be received within sixty (60) days from the end of each period of payment, the written notice shall be sent via mail to: support@pokerivenice.com; otherwise, the Affiliate shall lose the right to object to any report or payment.
5.4 The Affiliate assumes exclusive responsibility to annotate the incomes and to pay taxes (where applicable) to the local authorities. As Licensee, PokerInVenice is subject to the jurisdiction of Malta.
6. TERM AND TERMINATION
6.1 This Agreement shall commence by filling up the Affiliate registration form and shall be deemed effective unless terminated by either party.
6.2 This Agreement is unlimited and shall be deemed effective until both parties abide by their obligations and until either Party terminates this Agreement.
6.3 Both Parties can terminate this Agreement anytime, with or without reason, by informing the other Party. Such notification shall be in writing and shall send either via fax or via e-mail.
6.4 In case You stop the promotion of PokerInVenice’s services, PokerInVenice reserves the right to terminate this Agreement without any prior notice.
6.5 In case this Agreement is terminated, You shall remove at once all the links, brands, logos, etc. from Your web site.
6.6 In case the Agreement is terminated by PokerInVenice without any reason as set in sections 6.7-6.9, PokerInVenice shall pay Your commissions depending on all the profits generated by the existing members registered before the real date of termination.
6.7 In case the Affiliate terminate this Agreement, PokerInVenice shall pay all the commissions due on the date of termination but shall not be under any obligation to credit any further commission to Your account Affilites.
6.8 In case the Affiliates’ gross profit shall not be at least equal to € 100 for three (3) consecutive months, PokerInVenice shall terminate this Agreement, without crediting any further commission to Your account. This is applicable in case the Agreement is already terminated but commissions are still being paid according to the terms in section 6.6.
6.9 Unless otherwise set in this Agreement, should PokerInVenice assume, at its own reasonable discretion, that the Affiliate has breached any of the terms and conditions of this Agreement, PokerInVenice can, at its own discretion, terminate this Agreement.
7. RIGHTS AND OBLIGATIONS
7.1 Unless otherwise agreed by the Parties, customers are bound to the Affiliate until the Agreement is terminated. Should PokerInVenice change ownership, the new owners shall abide by the terms of this Agreement.
7.2 PokerInVenice reserves the right to transfer its own rights and obligations to another Party according to the terms of this Agreement with prior notification to the Affiliate. Such notification shall be considered as sent after the updating of the terms and conditions for the Affiliate on PokerInVenice or with prior notification in writing sent to the Affiliate.
7.3 You shall not assign this Agreement and the obligations therein set without prior written authorization by PokerInVenice.
8. DISCLAIMER OF LIABILITY
8.1 We make no warranties respecting any defect arising out of use of our system, network, software or hardware.
8.2 Under this Agreement, PokerInVenice’s obligations are not the obligations of managers, employees or shareholders of PokerInVenice neither of any other related Company. PokerInVenice’s liability is limited to direct damages and shall not be liable for any indirect, special, incidental, punitive or consequential damages.
8.3 You have read and accept the terms of this Agreement.
9. MISCELLANEOUS
9.1 PokerInVenice reserves the right to modify anytime any term of this Agreement, at its own discretion, by sending You the new version of the Contract with PokerInVenice via e-mail or via mail. It is Your responsibility to visit the Web site frequently in order to verify the latest version of the Contract and its relative dispositions. Should You assume any of the modification unacceptable, Your only choice shall be that of terminate this Agreement. Any participation to the Affiliated Program following the notification of any modification shall be considered as implicit acceptance of it.
9.2 All the relative notifications concerning this Agreement shall be forwarded to PokerInVenice in writing or via e-mail. Any notification to the Affiliate shall be sent to the e-mail in Your Player Account .
9.3 This Agreement shall be interpreted and construed according to, and governed by, the laws of Malta.
10. The Customers’ deposits shall merge into a customers’ account subject to continuous supervision by the Gaming Authority of Malta.
For further information on the affiliation program please send an e-mail to: affiliate@PokerInVenice.com.