Affiliate Agreement – DOingPoker

DoingPoker prides itself on one of the most aggressive and incentive based online poker Affiliate Programs in the world. We will do everything possible to assist and enhance your DoingPoker Affiliate experience to ensure it remains a positive one. The DoingPoker Standard Affiliate Agreement below contains the complete terms and conditions that apply to any individual or entity participation in the DoingPoker.com Affiliate Program. Please review the Agreement below. Once you have accepted the terms and conditions you will be on your way to earn revenue from the most friendly and generous Affiliate Program in the industry.

Suggestions and ideas are welcome and should be addressed to

affiliate@doingpoker.com

As used in this Agreement, "we", "us" and "DoingPoker.com" means the website DoingPoker.com and its operator and "Affiliate" means the individual or entity which applies for Affiliate payment in accordance with the terms and conditions herein.

GENERAL

 a) This is the most recent version of the Affiliate Agreement, as released and posted on January 4, 2007. This version modifies, replaces and supersedes all prior versions of this Agreement.

 b) By marketing for and referring new Players to DoingPoker.com through a Tracker, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. On your acceptance of this Agreement Online, we will automatically become counter-parties to this Agreement.

 c) If you do not wish to accept all the terms and conditions of this agreement, you may not participate in the DoingPoker.com affiliate program.

DEFINITIONS

• "Account" is the uniquely assigned account that is created for a Player when he/she opens an account at DoingPoker.com.
• "Affiliate Number" means the numeric code you are assigned when you sign up as a participant in the Affiliate Program.
• "Affiliate Reward" is the amount due and payable to you, based solely on DoingPoker.com’s system's data, in accordance with the payment plan you selected on the Affiliate Sign Up Form when signing up and/or activating additional Trackers.
• “Affiliate Revenue” is the sum total of all Players’ “rake” contributions while playing at DoingPoker.com and participating in the Affiliate program.
• "Percentage Plan" means we pay you based on a percentage of the Revenue generated by Players.
• "Fraud Traffic" means deposits, 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, offers to share the Affiliate Reward directly or indirectly with Players, and any other unauthorized use of any third party accounts, copyrights or trademarks.
• “Monthly revenue” means revenue as calculated at the end of each calendar month for calculation of Affiliate Rewards, which is typically paid shortly after the end of each calendar month.
• "Player(s)" or "Player's Account" defines the Account(s) opened at DoingPoker.com by real money Players via a Tracker. Real money Players are defined as persons who make the minimum required deposit within 60 days of opening the Account.
• "Website" means the DoingPoker.com website located at, http://www.DoingPoker.com and its related pages as well as the downloadable application for playing multi-player poker.
• "Spam" or "Unsolicited Promotions" means emails or any other messages that are circulated by you, directly or indirectly, including messages that are posted on newsgroups, chat boards and other types of Online forums and which: 1), are directed at people who have not consented to receiving promotional messages from you; 2) contain false or misleading statements; 3), do not truthfully identify the source or the originating IP Address; or 4), do not provide the recipient with an option to easily "Remove" them from receiving future mailings or promotions.
• "Tracker(s)" means the unique Tracking Codes or Bonus Code(s) provided exclusively to each Affiliate, through which DoingPoker track and calculate Affiliate Rewards.
• "Tracking Code" means a unique hyperlink (URL) to DoingPoker.com through which an Affiliate refers potential Players from a Website. When the Player opens his/her Account, the system automatically logs the Tracking Code and records you as the Affiliate.

TERMS & CONDITIONS

 a) Identity and Disclosure. By agreeing to the terms and conditions of this Affiliate program, you must provide true and complete information to DoingPoker 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 DoingPoker may request from time to time.

 b) Marketing Activities and Responsibilities. Affiliates will, at their own cost and expense, market to and refer potential Players to the Website. Affiliates will be solely responsible for the content and manner of their marketing activities. All marketing activities must be professional, proper and lawful under applicable rules or laws. Affiliates may not place Banners or Text Links, that directly link Players to DoingPoker, on any website. Affiliates may not use any media or medium that is libelous, discriminatory, obscene, unlawful or otherwise unsuitable, or which contains sexually explicit, pornographic, obscene or graphically violent materials. Affiliates must not actively target or market to any persons who are less than 18 years of age, regardless of the legally allowable age of a Player in the state or land that they reside. Affiliates will not use Spam, Adware or Spyware in marketing attempts. Violation of this provision will cause an Affiliate to forfeit all Affiliate Rewards earned.

 c) Approved Marketing Materials. Affiliates will only use the Banners and Text Links and any other marketing materials provided and/or pre-approved by by DoingPoker (collectively the "Marketing Materials"). Affiliates will not modify the Marketing Materials without prior written consent of DoingPoker. During the term of this Agreement, DoingPoker will grant the Affiliate a terminable, non-exclusive, non-transferable right to use the Marketing Materials for the sole purpose of marketing to and referring potential Players to the Website. Generally, DoingPoker will provide you, without charge, the guidelines, graphic artwork, and permitted text to use in promotional materials. CD and other customized promotion materials provided to the Affiliate by DoingPoker will be at cost and deducted from that Affiliate’s fees. Under no circumstance are Affiliates allowed to use Marketing Materials or any other promotional materials provided by DoingPoker in a manner that may potentially confuse a potential Player. Violation of this provision will cause an Affiliate to forfeit all Affiliate Rewards earned.

 d) Competitive Marketing. For purposes of clarification, it is hereby stated that no Affiliate shall market to potential Players on any Internet site promoted by DoingPoker; or in any other manner which results in the Affiliate competing with DoingPoker’s promotion of itself. In the event that an Affiliate is in breach of the foregoing provisions, DoingPoker reserves the right to render the Tracking Code(s) assigned to an Affiliate inoperative and the Affiliate will forfeit all Affiliate Rewards earned.

 e) Non-Assignment. Trackers are solely designated to specific Affiliates for their use only and are not to be assigned to others without the written consent of DoingPoker.

 f) Commercial Use Only. This Marketing opportunity is for commercial use only, and an Affiliate may not sign up or make deposits to any Account, directly or indirectly, utilizing their Tracker(s) for their own personal use, to fraudulently increase the Affiliate Rewards payable to you or to otherwise defraud DoingPoker.

 g) Good Faith Marketing. Affiliates will not knowingly or unknowingly benefit from any known, unknown, suspected or unsuspected Fraud Traffic. For clarity, DoingPoker reserves the right to withhold or withdraw amounts generated by Fraud Traffic from Affiliate Rewards on the Trackers, regardless of whether an Affiliate participated in or knew about the Fraud Traffic. In the event that DoingPoker determines that an Affiliate has knowingly participated in, or knowingly benefited from Fraud Traffic with the intent to defraud DoingPoker, then the Affiliate Agreement terminates immediately and all Affiliate Rewards earned will be forfeited.

 h) Player Information. By opening an Account at the Website, Players will be subject to all rules, policies and operating procedures that govern their activity with DoingPoker. DoingPoker reserves the right to refuse service to any potential Player and to close the Account of any Player, at any time, at DoingPoker’s sole discretion. All Players and their data will remain the sole and exclusive property of DoingPoker. Affiliates will not have access or rights to such information, except as expressly stated herein.

REPORTS & PAYMENTS

   a) Reports. We will track and report Player activity for purposes of calculating your Affiliate Rewards. The form, content and frequency of the reports may vary from time to time at our sole discretion. At a minimum, you will receive a monthly report with your payment indicating the total amount of Monthly Revenue collected from Players that month per Tracker. As deemed appropriate, and at our sole discretion, reports may be distributed more frequently.

 b) Affiliate Rewards. You will be paid in accordance with the amounts and/or percentages on the Affiliate Sign Up Form. Notwithstanding the foregoing, we may elect to not accept your preferred payment plan and we shall notify you of such decision on your application to join the Affiliate Program.

 c) Time and Minimum Amount of Payment. Affiliate Rewards 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 USD50, the balance will be carried over and added to the next month's Affiliate Rewards until the total amount is more than USD50. In the event, the balance amount carried over does not total USD50 within a consecutive three (3) month period, then the amount due will be voided and cancelled, and we may terminate this Agreement.

 d) Holdover for Fraud Traffic. In the event of any activity deemed suspicious by us, in your Account or in multiple Accounts, then we may delay payment of the Affiliate Rewards to you for up to 180 days to verify the relevant transactions and in the event that we determine the activity to constitute Fraud Traffic, we shall be entitled to recalculate or withhold your Affiliate Rewards accordingly and in our sole discretion.

 e) Method of Payment. All payments will be due and payable in United States Dollars only. Payment will be credited to your Affiliate account at our sole discretion, and as we deem appropriate. We may accommodate other methods of payment. Any charges incurred for other methods of payment will be covered by you and deducted from your Affiliate Reward.

 f) Player Tracking. You understand and agree that potential Players must link through a Tracking Code when they sign up in order for you to receive Affiliate Rewards in relation to such potential Players. In no event is DoingPoker liable for an Affiliate’s failure to use the right Trackers or hyperlinks if they are deleted, corrupted, or unusable.

 g) Time and Minimum Amount of Payment. Affiliate Rewards 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 USD50, the balance will be carried over and added to the next month's Affiliate Rewards until the total amount is more than USD50. In the event, the balance amount carried over does not total USD50 within a consecutive three (3) month period, then the amount due will be voided and cancelled, and we may terminate this Agreement.

 h) Player Verification. Affiliate Rewards in relation to new Players will be dispatched only following our verification and investigations concerning all new Players.

 i) Negative Revenue: In the event that the Revenue quotient is a negative amount during any given period(s), such negative amount shall be carried forward and deducted from the Revenue amount of the relevant subsequent period of time. In the event that the Revenue quotient is a negative amount for three (3) consecutive calendar months, we shall be entitled to terminate this Agreement.

TERM AND TERMINATION

 a) Term and Termination. This Agreement will take effect when the Affiliate receives Trackers from DoingPoker. This Agreement will be continuous until terminated. DoingPoker reserves the right to refuse any Affiliate Program application. In the event that we elect to refuse your application subsequent to your receipt of the Trackers, we shall notify you of the same and we shall be entitled to render the Trackers inoperative.

 b) 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.

 c) Termination By Us. We may terminate this Agreement, with or without cause, upon thirty-days (30) written notice to you. Further, we may terminate this Agreement immediately, without notice, in the following events:

• When you materially breach this Agreement.
• When the total cumulative balance of Affiliate Rewards due to any Affiliate is less than USD 50 for three (3) consecutive months.
• When DoingPoker determines, and acts within our discretion, on an Affiliate who knowingly benefited from Fraud Traffic as set forth in Section 2.f herein.
• If the total number of new Players introduced by an Affiliate in a sixty-day period is less than 1 (one).
• If DoingPoker determines that an Affiliate has utilized Spam, Adware, Spyware, or engaged in unacceptable marketing techniques as set forth in Section 2.b. herein.

 d) Effect of Termination. The following will apply upon the effective date of termination:

• You will cease promotional activity and all rights and licenses given to you under this Agreement will terminate immediately, except as expressly stated herein.
• You will return all confidential information and cease use of any of our trade names, trademarks, service marks, logos, banners and other designations of DoingPoker.com.
• 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.
• We will continue to pay you Affiliate Rewards for all existing Players who signed up through the effective date of termination and on any Revenue generated by these Players for as long as they continue to play in accordance with this Agreement and any other Agreements to which they have agreed to. However, if this Agreement is terminated due to your willful breach of the terms and conditions herein, then you will forfeit all Affiliate Rewards that you have earned. If we suspect Fraud Traffic, we may withhold payments for up to one hundred eighty (180) days from the original due date, to ensure the payment is correct. In the event we determine, in our reasonable discretion, that you knowingly participate in Fraud Traffic, as set forth herein, you will forfeit all Affiliate Rewards that you have earned. You shall render permanently inoperative any URLs that were used by you under this Agreement where such URLs contain any combination of the words doing and poker.

 LIABILITIES

 a) 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 ANY REDUNDANT SYSTEMS, NETWORKS, SOFTWARE AND/OR HARDWARE.

 b) 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.

 c) Liability Limitations. Our obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of DoingPoker.com. 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).

 d) 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.

INDEPENDENT INVESTIGATION

 a) 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 THE WEBSITE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

 b) 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.

MISCELLANEOUS

 a) Notices. All notices pertaining to this Agreement will be given by email as follows: to us at Affiliates@DoingPoker.com and, to you at the address provided on the Affiliate Sign up Form (or as subsequently updated by you to us in the event of change).

 b) Relationship of Parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority neither to bind the other nor to incur any obligation on the other's behalf, except as expressly provided herein. Nothing in this Agreement will be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.

 c) Non-Exclusive. You understand that we may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to you herein and that such Affiliates may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from our site to any other website that we deem appropriate in our sole discretion, without any additional compensation to you.

 d) Confidentiality and Non Disclosure. As a marketer of the Website you may receive confidential information from us as to our marketing plans, marketing concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. Therefore, you will not disclose this information to third parties without our express written consent.

 e) Press. You may not issue any press release with respect to this Agreement or your participation in this Affiliate Program without our prior written consent.

 f) Assignment. This Agreement and the rights and obligations hereunder may not be assigned by you without our express written consent.

 g) Governing Law. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the parties hereto will be determined under, governed by, and construed in accordance with the laws of Costa Rica.

 h) Arbitration. Any controversy or claim arising out of or relating to this Agreement, or breach of this Agreement, will be settled by binding arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be one arbitrator, mutually agreeable to you and us, or if we/you cannot agree on an arbitrator, and then one will be appointed by a court of competent jurisdiction. The losing party will pay all the expenses of the arbitration, including attorney's fees.

 i) Force Majuro. The parties' obligations under this Agreement are subject to and neither party will be liable for, failure to perform, damage, or malfunction of any equipment, or any consequences thereof occasioned by or due to fire, flood, water, the elements, labor disputes, power failures, explosions, governmental actions, unavailability of transportation, acts or omission of third-parties, or any other causes beyond the party's reasonable control.

 j) Severability/Waiver. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

 k) Modification. We may modify any of the terms of this Agreement at any time, in our sole discretion, by either (i) E-mailing you a change notice or (ii) by posting the new version of the Agreement on our Website. 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. THE AFFILIATE’S CONTINUED PARTICIPATION IN THE AFFLIATE PROGRAM FOLLOWING POSTING OR NOTICE OF CHANGE WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.

 l) 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.

  

By checking the “I AGREE” box you expressly agree to the terms and conditions of this Agreement.

I agree.