Your participation in the Black Chip Poker Affiliate program, by using any marketing material, or accepting any payment or commission from Black Chip Poker deems you have agreed to be bound by all the terms and conditions set out in this agreement.
The agreement provides you with the non-exclusive right to direct users ("Visitors") from your site or sites to the Black Chip Poker web site, in return for the payment of commissions as specified below.
You desire to obtain from us, and we agree to grant you the non-exclusive right and license to advertise market and promote the Service, in accordance with the following terms and conditions.
"we" and "us" refer to www.blackchippoker.com. We are in the business of producing, marketing and promoting the Black Chip Poker room. This service is accessed through the use of a personal computer, modem and/or direct Internet access.
"you" and "Webmaster" refers to the other party to the contract formed by the acceptance of these Terms and Conditions.
You must be at least 18 years of age to participate in our program, you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, 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 reasonably would contradict anything in this paragraph.
We will track all relevant data on your players and traffic. We will provide you with remote online access to the necessary statistics for the affiliate programs you utilize. These reports will be available in real time for most statistics but may be delayed for hits by several minutes. We will do everything in our power to keep statistics as close to real time as possible but will not be held responsible for delays in reporting statistics from time to time.
The tracking cookie duration is set to 30 days by default. Any players visiting your site will retain your specific cookie for this period. Cookies are set per the last site visited (assuming it has a valid cookie). This means if a player visits another affiliate site and then comes to your site, your cookie will over-ride the existing cookie and you will earn the signup.
We will pay you commission based upon the program rates in the affiliate program. These rates can be varied at our discretion but rate changes will not apply retrospectively, unless otherwise stated. Any changes in payment rates for individual programs will result in changed rates on our website; it is the webmaster's responsibility to keep themselves up to date with the current published rates on the Black Chip Poker web site. Our commission rates are published here: www.affiliates.blackchippoker.com
We may modify any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and referral program rules. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
You must regularly check the Black Chip Poker Affiliate site and terms as once changes are posted here they are effective from that date forward. It is up to you to keep yourself abreast of any changes.
We reserve the right to move program members (affiliates) from the active program they are using to the percentage net win program at the rates current at that time if the individual affiliates traffic is not performing based upon the average performance of the program, and the overall performance of the program. A message will be sent to the email address supplied with the affiliate's account. The change will apply from the day the affiliate is moved and not retrospectively. These changes will only occur where an entire program is proving unproductive in general and the individual account is unproductive in relation the average of the program.
By agreeing to this agreement, you are agreeing to create a unique link from your site / Search engine page / opt in newsletter to the BlackChipPoker web site. You may link to our web sites with banners/icons or with a text link.
We will terminate this agreement immediately if there is any form of unsolicited communication (spamming). You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes damage to Black Chip Poker or its web sites. Should fraudulent activity arise in relation to an account (including, but not limited to, hitbots, CC fraud, IP fraud), we retain the right to retract the commissions paid to the affiliate at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge. Sites which ask their users to click, download or in any other way access our site, or our advertising banners or consoles, in order to access their site or to obtain other goods or services will be considered fraudulent.
Fraudulent activities will be pursued to the full extent of the law regardless of country of origin. Black Chip Poker has a zero tolerance policy when it comes to fraud.
We do not accept traffic from, and will not pay webmasters from any of the following countries/regions: Afghanistan, Belarus, Bosnia and Herzegovina, Croatia, Cyprus, Egypt, Iran, Iraq, Israel, Lebanon, Russia, Serbia, Slovakia, Slovenia, Syria and Yugoslavia.
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 libellous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance, and contents of your site.
The term of this Agreement will begin when you register for the affiliate program at our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately.
Termination is at will, for any reason, by either party. For purposes of notification, delivery of a notice of termination via e-mail is considered a written and immediate form of notification.
The following sites are not permitted to advertise Black Chip Poker's web sites or participate in the Black Chip Poker affiliate program; sites that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.
Upon termination:
a) All rights and licenses given to you in this Agreement shall immediately terminate.
b) You must remove our banners from your site and disable any links from your site to theirs and ours.
c) You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
d) If you have failed to fulfil your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
e) You will cease all uses of any trade names, trademarks, service marks, logos and other designations of ours
f) You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement.
g) Termination will not relieve you from any liability arising from any breach of this Agreement that occurred prior to termination.
During the term of this Agreement, you may be entrusted with Confidential Information relating to the business, operations, or underlying technology of the affiliate program (including, for example, referral fees earned by you under the program). You agree to avoid disclosure or unauthorized use of the Confidential Information to third persons or outside parties unless you have our prior written consent and that you will use 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.
Payments are made on a monthly basis for traffic received the previous month. Payments will be made as soon as possible after the month's end. Payments can be made to Black Chip Poker player accounts only.
Affiliate payments on the Revenue-Share plan are calculated using the following formula: Commission% (rake + tournament fees - coupons) - chargebacks.
You shall defend, indemnify, and hold us and our electronic cash provider, their 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:
a) Any breach by you of any warranty, representation, or agreement contained in this 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.
We make no express or implied warranties or representations with respect to the referral program, Black Chip Poker 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, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
We 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 we have been advised of the possibility of such damages.
Further, our 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.
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.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
IN WITNESS WHEREOF:
You expressly agree to the terms and conditions of this Agreement by completing the registration process, downloading banners and creating a link to the Black Chip Poker web site.
In general, if you are honest and have poker and/or casino traffic of any volume at all you can make more money at Black Chip Poker than any other program, however, if you are a fraudster and scammer we will utilize the best software around to catch you at it and prosecute you.
We look forward to welcoming you, and your players, to Black Chip Poker.
