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| PinupPoker Affiliate Agreement |
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The following are the terms and conditions of your agreement to become a member of the PinupPoker Affiliate Program offered by eWorld Holdings, Inc., for its PinupPoker.com website. By applying to be an affiliate, and placing a link to PinupPoker.com from your website, you agree to be bound by all the terms and conditions set forth in this agreement. You and eWorldHoldings, Inc. ("PinupPoker") are the parties to this agreement.
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| General Description |
PinupPoker derives revenue from players who establish real money accounts and play real money games. When a real money game is played, the house is paid rent for the table, commonly referred to as the 'rake' (rake is taken as a percentage of the amount of money played during a hand of poker). Each player's contribution to the rake is tracked, and affiliates earn income as a percentage of all referred players' contributions to total rake.
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| Modifying This Agreement |
Pinuppoker may modify any of the terms and conditions contained in this agreement, at any time and at its sole discretion, by sending you a notice identifying the changes. Modifications may include, but are not limited to, changes in the referral fees, payment schedule or other rules. IF ANY CHANGE IN THE AGREEMENT IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY NOTIFYING PinupPoker IN WRITING. CONTINUED PARTICIPATION IN THIS PROGRAM FOLLOWING OUR MAKING A CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
PinupPoker may also make changes that affect the value of our customer relationships. These changes may be made at any time and for any reason that PinupPoker deems satisfactory without any notice to you. Examples of this kind of change include, but are not limited to: adjusting the rake schedule, modifying the speed of game play, introducing higher or lower value games, changing the design of the interface, etc.
| Your Rights and Responsibilities |
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| Linking to PinupPoker.com |
By agreeing to participate in the PinupPoker Affiliate Program, you agree to create a unique link from your site to PinupPoker.com. The form of such link must be approved by PinupPoker, or by its agent. You shall not make any claims, representations, or warranties in connection with PinupPoker, and you shall have no authority to, and will not, bind PinupPoker to any obligation without first obtaining written permission from PinupPoker or its authorized agent.
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| Agreements |
You agree to all of the terms set forth herein and to positively endorse PinupPoker at all times and maintain a site content that is free of child pornography or other illegal sex acts, promotion of violence, promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promotion of illegal activities, or violation of intellectual property rights. You must provide true and complete information to PinupPoker at all times; including but not limited to, your identity, contact information, payment instructions, and any other information that PinupPoker may reasonably request from time to time.
PinupPoker grants you the non-exclusive right to direct individuals to our site and services, in accordance with the terms and conditions of this agreement. You shall have no claims to referral fees or other compensation on business secured or partially secured by or through persons or entities other than you. You also understand that PinupPoker may at any time (directly or indirectly) solicit referrals on terms that may differ from those attained here, or operate or contract with websites that are similar to, or compete with, your website.
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| Responsibility for your site and other marketing materials |
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for ensuring that materials posted on your site are not libelous or otherwise illegal. PinupPoker disclaims all liability for these matters. Further, you will indemnify and hold PinupPoker harmless from all claims, damages and expenses (including, but not limited to, attorneys' fees) relating to the development, operation, maintenance and contents of your site and marketing materials and your performance of this agreement. You agree to refrain from utilizing 'spam' for marketing our products and services (all email marketing must be based on commonly accepted opt-in rules).
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| License to Use Marks |
PinupPoker hereby grants you a non-exclusive, non-transferable license, during the term of this agreement, to use the PinupPoker intellectual property marks provided by PinupPoker solely in connection with the promotion of PinupPoker.com. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to, and arises only out of, this license to use PinupPoker.com material. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. Further, you agree to keep information about PinupPoker current on your site.
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| Confidential Information |
During the term of this agreement, you may be entrusted with confidential information relating to the business, operations or underlying technology of PinupPoker and/or the referral program. You agree to avoid any disclosure to third persons or outside parties or unauthorized use of the confidential information unless you have our prior written consent and that you will sue the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this agreement.
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| Fee Schedule and Payment |
You will earn referral fees as noted under the Payment Plan. PinupPoker retains the right to change the fee schedule and method of calculating fees, but PinupPoker will employ reasonable efforts to advise you prior to any change. Modifications to the fee schedule are effective when made, notwithstanding failure to notify any person. IF ANY CHANGE IN THE FEE SCHEDULE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY NOTIFYING PinupPoker IN WRITING. CONTINUED PARTICIPATION IN THIS PROGRAM FOLLOWING THE CHANGE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Payment will be made monthly, by the 10th business day of the month, and credited to your specified PinupPoker account. PinupPoker may, at its option, accrue credits until such credit(s) equal at least $50.
Referral fees will be based upon our good faith calculation based on the referred player statistics available to PinupPoker. PinupPoker is not responsible for any fees not properly credited to you that PinupPoker is unaware of due to computer error or other reasons. Activity reports will generally be available online by accessing the link located in the account services area of the game. PinupPoker will make reasonable efforts to have this link available at all times, however there may be instances that it is unavailable during technology maintenance and updates.
The PinupPoker Payment Plan Formulas are as follows:
- Gross Revenue within a single payment period up to $20,000.00 USD: (.25R) - (.25D) = P
- Gross Revenue within a single payment period between $20,000.01 and $30,000.00 USD:
((.3(R-20000))+5000) - (.25D) = P
- Gross Revenue within a single payment period over $30,000.01 USD:
((.35(R-30000))+8000) - (.25D) = P
R = Gross Revenue. Gross Revenue is the sum total of all an affiliate's Players' contributions to rake while playing for a single payment period. A Player's contribution to the "rake" shall be determined by dividing the actual amount of rake generated during a hand by the number of players who were dealt cards during that hand.
D = Total Deduction. Total Deduction includes but is not limited to any credits, bonuses or promotional amounts given to Players, charge backs, or any un-collectable revenue attributable to an affiliate's players.
P = Affiliate Payment. Affiliate Payment is the net amount the affiliate will receive for a single payment period based on the Payment Plan.
A payment period is currently one calendar month.
When a potential customer uses a link with your Tracking Code in it to access PinupPoker's website, they receive a cookie on their computer with your code. This code will generally stay on their computer for 72 hours unless removed or overwritten. If the customer leaves the site and returns within 72 hours they will still be recognized as your referral. When they register at PinupPoker during this time period, your customer's account will be tagged with your code. Additionally, if a potential customer enters one of your Bonus Codes during the sign up process, that customer's account will be tagged with your code. PinupPoker is not responsible for any problems or errors with the process of tagging an account with your code.
Deposit of payment or acceptance of payment transfer will be deemed full and final settlement of all fees due for the month indicated unless you sent us notice of disagreement with the amount payable within twenty (20) days from the date payment is made. The failure to timely send such notice irrevocably waives your right to contest any fees due for the relevant time period and any prior time period.
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| Term and Termination |
The term of this agreement will begin when you submit the sign up page and will be continuous unless and until either party notifies the other in writing that is wished to terminate the agreement. Termination may be accomplished by either you or PinupPoker for any reason or not reason at any time by providing notice to the other party. For purposes of notification, delivery via email is considered a written and immediate form of notification.
If termination is by PinupPoker and is not caused by violation of this agreement, referral fees, as subject to modification described above, will continue until activity ceases to generate 2 new depositors per month for a 2 month consecutive time period.
If termination is initiated by you or is by PinupPoker as a result of a violation of this agreement or is due to activity ceasing to generate 2 new depositors per month for a 2 month consecutive time period, you will not be entitled to unpaid referral fees, if any earned by you on or prior to the date of termination. Nor will you be entitled to referral fees with respect to play occurring after the termination date.
You must remove all PinupPoker banners/icons from your site and disable the link from your site to PinupPoker.com upon termination of this agreement for any reason.
All rights and licenses given to you in this agreement shall immediately terminate upon termination of this agreement for any reason.
Upon termination of this agreement for any reason, PinupPoker may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
Upon termination of this agreement for any reason, you will return to PinupPoker any confidential information, and all copies of it in your possession, custody and control, and will cease all uses of any trade names, trademarks, service marks, logos and other designation of PinupPoker.com. Before or after termination of this agreement, PinupPoker reserves the right to modify this agreement or the fee schedule as described above, with such modification effective immediately.
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| Relationship of Parties |
Both you and eWorld Holdings, Inc. are independent contractors and nothing in this agreement will create any partnership, joint venture, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that contradicts anything in this paragraph.
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| Indemnity |
You shall defend, indemnify, and hold eWorld Holdings, Inc., its directors, officers, employees, agents and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation, or agreement; (b) the performance of your duties and obligations under this agreement; (c) your negligence; or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this referral program.
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| Disclaimers |
PinupPoker makes no express or implied warranties or representations with respect to the referral program, eWorld Holdings, Inc. or referral fee 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, PinupPoker makes no representation that the operation of our site will be uninterrupted or error-free, and PinupPoker will not be liable for the consequences of any interruption errors.
| Operating Agreement and Disclosure |
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| Limitations of Liability |
PinupPoker 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 REFERRAL PROGRAM, EVEN IF PinupPoker HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, PinupPoker'S AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT. 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. Our obligations under this agreement do not constitute personal obligations of shareholders. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.
PinupPoker may in its 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. PinupPoker does not guarantee or warrant the success of such fraud prevention efforts.
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| Governing Law |
This agreement will be governed by the laws of Antigua, without reference to rules governing choice of law. Any action relating to this agreement must be brought in Antigua and you irrevocably consent to the jurisdiction of its courts. YOU AGREE TO BRING ANY ACTION OR LEGAL PROCEEDING RELATED TO THIS AGREEMENT IN ANTIQUA AND IN NO OTHER JURISDICTION.
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| Assignability |
You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding and enforceable against you and PinupPoker.
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| Non-Waiver |
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this agreement. NO MODIFICATIONS, ADDITIONS, or DELETIONS OF THIS AGREEMENT BY YOU ARE PERMITTED OR WILL BE RECOGNIZED BY PinupPoker. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.
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| Remedies |
Our rights and remedies shall not be mutually exclusive, i.e. the exercise of one or more of the provisions of this agreement shall not preclude the exercise of any other provision. You acknowledge, confirm and agree that damages may be inadequate for a breach or a threatened breach of this agreement and, in the event of a breach, or threatened breach of any provision of this agreement, the respective rights and responsibilities of the parties may be enforceable by specific performance, injunction or other equitable remedy. Nothing contained in this agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
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| Severability/Waiver |
Whenever possible, each provision of this agreement shall 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 other provision. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
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| Operating Agreement and Disclosure |
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 REPRESENT TO PinupPoker THAT YOU MAY PARTICIPATE IN ITS AFFILIATE PROGRAM WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.
By submitting your request to become an affiliate, you acknowledge that you have read this agreement and have independently evaluated the desirability of participating in this program and are not relying on any representation, guarantee, or statement other that what is set forth in this agreement, and that you agree to all its terms and conditions.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE LIABILITY LIMITATIONS AND DISCLAIMERS IN CAPITALIZED LETTERS ABOVE.
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