By registering to become a member of the PokerSavvy Affiliate Program You hereby agree to adhere to the terms of use set out in the following Agreement.
PokerSavvy retains the right to amend, alter, delete or add to any of provisions of this Agreement, at any time and at its sole discretion, without advance notice to You. Your continued participation in the Program, use of the PokerSavvy Affiliate Program Website and Marketing Tools and acceptance of Affiliate Payments confirms your acceptance of this Agreement.
Acceptance in the PokerSavvy Affiliate Program
Upon completion of your registration to the Program, You will be required to provide PokerSavvy with a full list of websites where PokerSavvy banners, links and other assorted media will be displayed.
Upon submission of each Affiliate’s PokerSavvy Membership Application, PokerSavvy shall evaluate such application and notify the Affiliate of its decision to accept or reject the prospective Affiliate. Acceptance of an Affiliate’s application shall result in the granting of a non-exclusive license in the Program to the Affiliate, subject to the terms and conditions herein.
You hereby accept the appointment as a PokerSavvy Affiliate under the terms and conditions of this Agreement. In accordance with such appointment, PokerSavvy grants You the non-exclusive right to direct prospective players via links, banners or other form of PokerSavvy Marketing Tools to PokerSavvy, subject to the terms and conditions of this Agreement. This Agreement does not grant to You an exclusive right to assist PokerSavvy in the provisions of its services, as PokerSavvy reserves the right to render such services on its own or through the assistance of authorized third parties.
Duties of the Affiliate
As a member of The Program, You will be responsible for promoting PokerSavvy using only the pre-approved tools provided to you by PokerSavvy. These tools include, but are not limited to reviews, banners, tracking URLs, software details, images and other assorted media. You may present these materials on websites, email and print. Only with express, written consent from The Program will you be permitted to alter any media tools or create your own. In addition, you will be responsible for ensuring that all PokerSavvy Marketing Tools being promoted by your operation are current, accurate and updated. Failure to maintain this policy within a reasonable time period will result in your termination from The Program, and all future Affiliate payments will become null and void.
You will be solely responsible for the development, operation, and maintenance of your Affiliate’s website(s) and for all materials that appear within. As such, You will be solely responsible for ensuring that materials posted on said website(s) are not libellous or otherwise illegal. PokerSavvy has no obligation whatsoever to review the contents on Affiliates’ website(s) and disclaims all liability for these matters. Further, You will indemnify and hold PokerSavvy harmless from all claims, damages, and expenses relating to the development, operation, maintenance, and content of Your website(s).
You are responsible for ensuring that all material posted on Your website(s) is legal and does not violate the rights of any third party. In addition, it is Your responsibility to ensure that the website(s) does not contain any content or information that (i) is aimed at children, (ii) promotes sexually explicit materials, (iii) promotes violence, (iv) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or (v) promotes illegal activities.
You are prohibited from placing the PokerSavvy Marketing Tools in unsolicited emails, unauthorized newsgroup postings or in chat rooms. Players who are generated through either illegal or unauthorized means, as determined by PokerSavvy at its sole discretion, will not be calculated in Your Affiliate commission. Your breach of this shall constitute grounds for PokerSavvy’s immediate termination of this Agreement without notice.
You may not participate in or be involved, either directly or indirectly, in the planning, generation, processing or dissemination of SPAM (unsolicited emails). Any form of SPAM will result in the commencement of a review of Your conduct within the Program as well as the withholding of any commissions pending the outcome of the investigation. Should PokerSavvy or any Client incur damages, costs or expenses as a result of Your conduct, PokerSavvy shall have the right to offset such Damages against commissions which are owed to You. If such Damages are not covered by the commissions, You shall have the obligation to indemnify PokerSavvy.
Under no circumstances may You block, alter, direct or redirect, substitute, insert, or append itself to, or otherwise intercept or interfere in any manner with, any click through or other traffic-based transaction that originated from another affiliate with result of reducing any compensation or payment earned by or owing to such affiliate, or increasing any payment obligation of any Client with respect to any individual transaction. For purposes of clarification and not limitation, You may not use any form of “parasiteware” or parasitic marketing techniques, which refers to an application that (i) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies, (ii) intercepts searches to redirect traffic through an installed software, (iii) targets text on web sites, other than those web sites owned entirely by the software application owner for the purpose of contextual marketing, or (iv) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites owned entirely by the owner of the software application. Any use of parasiteware or parasitic marketing techniques shall result in the immediate termination of this Agreement and the forfeiture of any monies earned and outstanding.
You shall not benefit from known, suspected or even unknown player traffic that is generated dishonestly, whether or not it results in damage to PokerSavvy. For purposes of clarification and not limitation, if a player, directed to PokerSavvy via an Affiliate's link, engages in fraudulent behavior, PokerSavvy reserves the right to withhold or retract the commissions paid to the Affiliate for such player. PokerSavvy’s decision in this regard will be final and binding.
Under no circumstances shall You use or attempt to use any domain names to promote PokerSavvy which are or could be confusingly similar to the domain names registered by PokerSavvy. For purposes of clarification and not limitation, Affiliates may not use domain names which are identical or sound, appear or differ slightly from PokerSavvy’s domain names. Breach of this, as determined by PokerSavvy, shall constitute grounds for immediate termination of this Agreement without notice to You and forfeiture of any commission owed.
Duties of PokerSavvy
PokerSavvy will maintain a record of each player that registers as a player with one or more of the Partnered Clients within the Program, and will track each player’s activity. A player is defined as a person who registers with PokerSavvy after having followed a link provided by the Affiliate. Unless expressly agreed otherwise in writing, the player must be identified by the Affiliate's unique tag. The player is bound by PokerSavvy’s and each Client's rules, policies and operating procedures. As such, PokerSavvy cannot be held responsible if a Client refuses a player or if a Client closes a player's account.
PokerSavvy will track each player's activity and will supply the Affiliate with reports summarizing this activity. The form, content and frequency of the reports may vary at PokerSavvy’s discretion. PokerSavvy will strive to provide the Affiliate with online access to player activity and statistical reports that will assist the Affiliate in effectively promoting the PokerSavvy. The Affiliate can gain access to such reports using the login and secret password provided upon the completion of the registration process.
PokerSavvy will provide the Affiliate on an ongoing basis with special promotional materials and resources (other than the standard PokerSavvy Marketing Tools) that will aid in directing player traffic to PokerSavvy.
Affiliate Compensation
You will only be compensated for properly tagged players. It is the sole responsibility of Yours to ensure the correct tagging of all links. In the event that a tag is incorrectly inserted into Your site and subsequently incorrectly received by PokerSavvy’s server, the player may not be credited to Your account. All links, creative materials and banners must be properly tagged, as this is Your responsibility, not PokerSavvy’s.
PokerSavvy will pay the Affiliate referral payments based on the formula outlined under program details on the PokerSavvy website – www.pokersavvy.com/affiliates.
Unless expressly specified in writing, Affiliates will only earn a referral payment when a registered PokerSavvy player completes a signup at PokerSavvy Partnered Client AND returns to the PokerSavvy website to enter their specific Client screen name. A Completed Signup is defined as a user who deposits and wagers the minimum amount of money and/or hands specified on the PokerSavvy website. Registered PokerSavvy players who fail to complete these tasks will not be considered as a Completed Signup and will not warrant a referral payment.
For the purposes of Affiliate referral payments, the date attributed to a player’s Completed Signup will be the date PokerSavvy is notified by the partnering Clients that the Signup has been completed.
At the close of each month, the total number of Completed Signups registered by the Affiliates Tag will dictate which payment tier will be implemented for that particular month.
PokerSavvy will pay referral payments for the life of the player, provided that the Affiliate remains an active Affiliate within the Program. PokerSavvy calculates the referral payments at the end of each month and makes the payments on the twentieth (20th) day of the following month, or on the first business day after the twentieth (20th) day of the following month. Payments are made by check, wire transfer or to an online account currently being utilized by PokerSavvy. The Affiliate is responsible for selecting the payment method. Fees charged by Affiliate’s online account shall be the sole responsibility of the Affiliate. The Affiliate is responsible for providing PokerSavvy with correct online account details.
The minimum payment amount that PokerSavvy shall send to an Affiliate each month is one hundred (US$100) dollars for online accounts and checks; $500 for wire transfer. Unpaid referral payments each month shall be carried forward and added to the next month’s payment.
PokerSavvy is only responsible to pay Affiliate referral payments on revenues and fees (“Client Fees”) actually received by PokerSavvy from its Clients. In the event of any delay in PokerSavvy’s receipt of the Client Fees, PokerSavvy shall promptly notify Affiliate of such delay in writing and remit payment of the Affiliate referral commissions within fifteen (15) days of PokerSavvy’s receipt of these Client Fees.
The Affiliate acknowledges that, except as otherwise stated herein, no income or other taxes or amounts shall be withheld or accrued by PokerSavvy for the Affiliate’s benefit on the commission which are paid and it shall be the Affiliate’s sole responsibility to remit all application taxes thereon.
Policies & Confidentiality
The Affiliate acknowledges that PokerSavvy and their Clients assume ownership of any and all players as soon as they register an account with PokerSavvy and their Clients. The Affiliate acts solely as a referral source for PokerSavvy and their Clients, and retains no other rights on the players. Upon opening an account, the player is subject to all of PokerSavvy and their Client’s rules, policies, and operating procedures.
PokerSavvy and their Clients reserve the right to refuse a player or close a player’s account if such actions are necessary to comply with their stated terms and conditions.
During the term of this Agreement and thereafter, the Affiliate may have access to certain classified, confidential, proprietary and sensitive information relating to the business, operations, or technology of PokerSavvy or its Clients. The Affiliate agrees not to disclose the confidential information to any third party or to use the information in an unauthorized manner unless prior written consent has been obtained directly from PokerSavvy. If such consent is obtained, the Affiliate agrees only to use this confidential information to further the purposes of this Agreement. The Affiliate's obligation in regards to this shall survive the termination of this Agreement.
Limited License & Ownership
Under no condition may the Affiliate sub-license, assign or otherwise transfer any rights granted hereunder to any third party without the express prior written consent of PokerSavvy, and any purported transfer shall be deemed null and void. The Affiliate's right to PokerSavvy’s intellectual property is limited to the rights and obligations of the Affiliate under this Agreement.
Under no circumstances may the Affiliate assert or contest any ownership rights in and to PokerSavvy and/or the Client’s intellectual property in any action or proceeding of whatever kind or nature, nor shall the Affiliate take any action that may prejudice PokerSavvy's or the Client’s rights in the intellectual property. Further, the Affiliate may not do anything to render such intellectual property generic, weaken their validity or diminish their associated goodwill. PokerSavvy retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to PokerSavvy and/or the Client without the taking of action on the part of either party.
Legal Responsibility
The Affiliate shall defend, indemnify, and hold PokerSavvy and its Clients and their respective directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with (i) any breach by the Affiliate of any warranty, representation, or covenant contained in this agreement, (ii) the performance of the Affiliate's duties and obligations under this Agreement, (iii) the Affiliate's negligence or (iv) any injury caused directly or indirectly by the Affiliate's negligent or intentional acts or omissions, or the unauthorized use of PokerSavvy's banners and links.
PokerSavvy makes no express or implied warranties or representations with respect to the PokerSavvy Program or referral payment arrangements (including, without limitation, their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, PokerSavvy makes no representation that the operation of PokerSavvy's site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
PokerSavvy will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the PokerSavvy Program, even if PokerSavvy has been advised of the possibility of such damages. Further, PokerSavvy's aggregate liability arising with respect to this Agreement and the PokerSavvy Program will not exceed the total commissions and referral fees paid or payable to the Affiliate under this Agreement during the previous twelve (12) months from the date such damages were incurred. Any liability arising under this Agreement shall be satisfied solely from the commissions and referral fees generated, and is limited to direct damages. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.
Term & Termination
The term of this Agreement will commence when the Affiliate completes and submits the membership form and it is officially accepted by PokerSavvy. Except as stated otherwise herein, the term will be ongoing unless and until either party sends written notification to the other that it wishes to terminate the Agreement. Upon receipt of written notification by either party, the Agreement will be considered to be terminated immediately. Termination is at will, for any reason, by either party. For purposes of notification of termination, email is considered a written and immediate form of notification.
Upon termination:
The Affiliate must remove all references to PokerSavvy from the Affiliate’s websites and communications, including, without limitation, removing all PokerSavvy Marketing Tools and disabling all links to the Client’s sites;
All rights and licenses granted to the Affiliate under this Agreement shall immediately terminate and all rights shall revert to the respective licensors, and the Affiliate will cease all use of any trademarks, service marks, logos and other designations of PokerSavvy;
The Affiliate will be entitled only to those earned and unpaid commissions as of the effective date of termination; provided, however, PokerSavvy may withhold the Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The Affiliate will not be eligible to earn or receive commissions after this date;
If this Agreement is terminated by PokerSavvy on the basis of the Affiliate’s breach, PokerSavvy’s only obligation shall be to pay to the Affiliate earned but unpaid referral payments as of the termination date, but shall not pay any further commissions on players referred to PokerSavvy by the Affiliate;
The Affiliate must return to PokerSavvy any and all confidential information (and all copies and derivations thereof) in the Affiliate's possession, custody and control; and'
The Affiliate will release PokerSavvy from all obligations and liabilities occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination. Termination will not relieve the Affiliate from any liability arising from any breach of this Agreement, which occurred prior to termination.
This Agreement constitutes the entire agreement and supersedes all previous communications or agreements, either oral or written, between the parties with respect to the subject matter hereof. In entering into this Agreement, neither party has relied upon any statement, representation, warranty or agreement of the other party except for those expressly contained in this Agreement.
Currently, we cannot accept or partner with affiliates, online marketers or lead generation specialists originating from China.
THE AFFILIATE ACKNOWLEDGES THAT HE/SHE/IT HAS READ THIS AGREEMENT AND THAT HE/SHE/IT AGREES TO ALL OF ITS TERMS AND CONDITIONS, AS EVIDENCED BY ACTIVLEY PROMOTING POKERSAVVY VIA WEB, EMAIL AND PRINT.