This Affiliate Agreement ("Agreement") pertains to persons wishing to be an affiliate/marketing partner of PitbullPoker.
GENERAL
By signing up to become an affiliate/marketing partner of PitbullPoker, you agree to all the terms and conditions set forth in this agreement.
If you do not wish to accept all the terms and conditions of this agreement, then you cannot be a member of PitbullPoker’s Affiliate Program and should not complete the affiliate sign-up form.
DEFINITIONS
"Account" is the uniquely assigned account that is created for Player when he/she signs up to play at the poker room.
"Affiliate payment" is the amount payable to you based only on our earned money data.
"Affiliate Login" means the area of the PitbullPoker website that is password protected where you may check your statistics on the number of players you have referred to PitbullPoker.
"Creatives" refers to the graphical or promotional marketing material that PitbullPoker makes available to the affiliate/marketing partner. These materials are in the form of promotional text, text links, and advertising banners.
"Fraud" 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 party accounts, copyrights or trademarks.
"Monthly Gross Revenue" means Gross Revenue as calculated at the end of each calendar month for calculation of your Affiliate payment which is paid out to you each month following your earnings.
"Monthly Net Revenue" means the Gross Revenue less chargebacks, signup bonus incentives, or other uncollectable amount of the rake.
Sign Up Bonus Incentives" are special offers to Players that gives them extra cash or giveaways on their initial real money deposit.
“Tracking URL" means a unique hyperlink to the PitbullPoker website through which you refer potential Players to us. When the Player opens his other Account, the system automatically logs the Tracking URL and tracks the potential player in the website.
TERMS & CONDITIONS
Personal Information
You must provide accurate and complete information on your signup form including but not limited to your full name, contact information, payment instructions, website(s), and similar information.
Marketing and Promotional Activities
You agree to market the PitbullPoker website and poker rooms, in whatever manner you wish, excluding any spam or unsolicited email activities. You are solely responsible for the manner and content of your marketing activities. All marketing and promotional activities that you wish to undertake must be in accordance with the law and be professional in manner. We do not tolerate spam, unsolicited email, libelous, discriminatory, obscene or, defamatory, activities or representation of PitbullPoker.
Legal Age
You agree that you will only conduct marketing and promotional activities to potential players that have reached the majority age of 21 years.
Marketing and Promotion
You agree to only conduct marketing using creatives that have been approved by PitbullPoker. You will not modify our creatives, logos, images, website, or similar materials without our written consent. During the term of this agreement, Vitoria's Poker grants you a terminable, non-exclusive right to use our trademarks, creative materials, logo and other promotional materials that we allow you to access without charge.
Fraud
You will not knowingly benefit from any known, unknown, suspected or unsuspected Fraud. For clarity, we reserve the right to withhold or blackout amounts generated by Fraud Traffic from Affiliate Fees, regardless of whether you participated in or knew about the Fraud. 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 and we reserve the right to initiate any legal actions as deemed appropriate.
Player Accounts
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 we may deem necessary.
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.
REPORTS AND 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. You will receive a monthly report with your payment indicating the number of new Players signed up that month with a status of their amount of play and the amount due to you.
Affiliate Fees
You will be paid, on a monthly calendar basis, according to the amounts stated on the sign up form. Affiliate payments will be dispatched after the players are verified by our security team.
Method of Payment
All payments will be due and payable in United States Dollars only. Payment will be made by check, NETeller or by deposit into a PitbullPoker Player Account, at your preference. Charges for wires or courier charges for checks if requested, and agreed to, will be covered by you and deducted from your payment.
Player Tracking
You understand and agree that potential Players must link through a Tracking URL when they sign up in order for you to get credit. In no event, are we liable for your failure to use the right tracking codes on your marketing materials.
Payment Disputes
Any dispute of payment notices must be received within thirty (30) days of the end of each month for which payment was made, or your right to dispute such report or payment will be deemed waived and your account will be settled in full.
TERM AND TERMINATION
This Agreement will take effect when you start promoting the Website. This Agreement will be continuous until terminated by either party:
Termination by the Affiliate
You may terminate this agreement, with or without cause, upon written notice to us. In addition, you may cease marketing PitbullPoker at anytime you wish.
Termination by PitbullPoker
We may at our discretion, terminate this agreement, with or without cause within 30 days written notice to you. Further we may terminate this agreement immediately, with or without notice in the event that the Affiliate has benefited from any fraudulent activity.
LIABILITIES
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. WE (OR OUR PROVIDERS OR UNDERLYING VENDORS) ARE NOT REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S).
Liability Limitations
Our obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of PitbullPoker. Any liability from this Agreement will be satisfied solely from the revenues generated by the Affiliate. 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.
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 breech of this Agreement.
MISCELLANEOUS
Confidentiality and Non Disclosure
As a marketer of the PitbullPoker website, you will receive confidential information in the form of promotional ideas and concepts, marketing plans, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. Therefore, you will not disclose this information to any third parties.
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 the country of the United Kingdom.
Obligations Beyond Control
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 occasioned by or due to fire, flood, water, the elements, labor disputes, power failures, explosions, governmental actions, acts of war, unavailability of transportation, acts or omission of third-parties, or any other causes beyond either parties reasonable control.
Modification of the Agreement
PitbullPoker may elect to modify any of the terms of this Agreement at any time at our sole discretion. By emailing the affiliates regarding changes or by posting the amendments on the website, you agree that it is your sole responsibility to visit this page each month to note any changes. If you do not agree to the modifications in this agreement, you may elect to discontinue being an Affiliate of PitbullPoker. Your continued participation in the Affiliate program is deemed binding to acceptance 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.
If you have any questions, please contact our 24/7 Customer Support Team.
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