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This Standard Affiliate Agreement ("Agreement") contains the complete terms and
conditions that apply to an individual or entity's participation in the FullTiltPoker.com
(the "Website") affiliate program ("Affiliate Program"). As used in this Agreement,
"we", "us" and "FullTiltPoker.com" means the website FullTiltPoker.com and its
operator, Kolyma Corporation A.V.V., and "you" and "Affiliate" mean the individual or
entity which applies for affiliate payment in accordance with the terms and
conditions herein.
1. GENERAL
2. DEFINITIONS
2. "Affiliate Number" means the numeric code you are assigned when you
sign up as a participant in the Affiliate Program.
3. "Affiliate Fee" is the amount due and payable to you, based solely on
FullTiltPoker.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.
4. "Banners and Text Links" means the graphical artwork or text that you
use to hyperlink Players from your site to the Website.
9. "CPA Plan" or "Cost Per Acquisition Plan" means we pay you based on
the number of Real Money Players that make a minimum deposit of
$50 and accumulate 100 Full Tilt Points (FTPs) after opening an account
at FullTiltPoker.com via a Tracker assigned to you.
12."Bonus Incentives" are special offers to Players that give them extra
cash or giveaways when they enter a Referral Code when opening an
account or making a real money deposit.
13."Website" means the FullTiltPoker.com website located at,
http://www.FullTiltPoker.com and its related pages as well as the
downloadable application for playing multi-player poker.
18."Sub-Affiliate" means a person that you have referred to (and that has
successfully joined) the Affiliate Network in accordance with the terms
of this Agreement.
2. Marketing Activities and Responsibilities. You will, at your own cost and
expense, market to and refer potential 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 or which contains sexually explicit,
pornographic, obscene or graphically violent materials. You will not
actively target your marketing to any persons who are less than 18
years of age, regardless of the age of majority in the location you are
marketing. You will not use Spam, Adware or Spyware in your
marketing attempts. Violation of this provision will cause you to forfeit
all Affiliate Fees that you have earned.
3. Approved Marketing Materials. You will only use the Banners and Text
Links and any other marketing materials that have been provided by
us and/or pre-approved by us (collectively the "Marketing Materials").
You will not modify the Marketing Materials without our prior written
consent. During the term of this Agreement, we grant you 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 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. Under no circumstance are you
allowed to use the Marketing Materials and any other promotional
materials provided by us in a manner that may potentially confuse a
potential Player. Violation of this provision will cause you to forfeit all
Affiliate Fees that you have earned.
5. Non-Assignment. Trackers are for your sole use and are not to be
assigned to others without our written consent.
10.Sub-Affiliates. You may refer other persons to us so that they may also
apply to join our Affiliate Network. If any such person successfully joins
our Affiliate Network we will pay you in respect of the activities of such
Sub-Affiliate in accordance with the Payment Plan, provided that you
register them through the "Register Sub-Affiliate" function within the
Affiliate Area of the Website. You will only receive credit for sub-
affiliates which comply with all applicable terms of this Agreement. Any
person registered as an Affiliate cannot subsequently be reclassified as
a Sub-Affiliate. You shall not:
3. Time and Minimum Amount 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 USD$50, the
balance will be carried over and added to the next month's Affiliate
Fees until the total amount is more than USD$50. In the event, the
balance amount carried over does not total USD$50 within a
consecutive three (3) month period, then the amount due will be
voided and cancelled, and we may terminate this Agreement.
6. Player Tracking. You understand and agree that potential Players must
link through a Tracking Code or enter a Referral Code when they sign
up in order for you to receive Affiliate Fees in relation to such potential
Players. In no event are we liable for your failure to use the right
Trackers, for potential Players' failure to properly enter Referral Codes,
or for system malfunctions that cause Trackers, Referral Codes or
hyperlinks to be deleted, corrupted or unusable.
1. Term and Termination. This Agreement will take effect when you
receive your Trackers from us and when you start promoting the
Website. This Agreement will be continuous until terminated.
Notwithstanding the foregoing, and during a period of seven (7) days
following your receipt from us of your Trackers, we reserve the right to
refuse your application to join the Affiliate Program. 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.
4. Effect of Termination: The following will apply upon the effective date
of termination:
1. You will cease promotional activity and all rights and licenses
given to you under this Agreement will terminate immediately,
except as expressly stated herein;
2. You will return all confidential information and cease use of any
of our trade names, trademarks, service marks, logos, banners
and other designations of FullTiltPoker.com;
4. We will continue to pay you Affiliate Fees 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 Fees 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 that the payment is correct and that
any fraud has been reversed out;
6. LIABILITIES
7. INDEPENDENT INVESTIGATION
8. MISCELLANEOUS
5. 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.
IN WITNESS WHERE OF, you expressly agree to the terms and conditions of this
Agreement by submitting the Affiliate Sign Up Form.