This Standard Affiliate Agreement ("Agreement")
contains the complete terms and conditions that apply to an
individual's or entity's participation in the PartyPoker.com
(the "Website") affiliate program ("Affiliate
Program"). As used in this Agreement, "you" and
"Affiliate" mean the individual or entity which
applied as the "BENEFICIARY" for payment purposes on
our sign up form ("Affiliate
Sign Up Form") as submitted at the website, and
"we", "us" and "Website” means the
Website(s) promoted hereunder and its owners, operators,
directors, agents, employees, consultants, suppliers, vendors
and affiliated companies.
I. GENERAL
1.1 This is Version 6 of the Agreement, as released and posted
as at the date mentioned below. This Version 6, modifies,
replaces and supersedes all prior versions of this Agreement.
1.2 By marketing for and referring new Players to Website
through a Tracker, YOU AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS SET OUT IN THIS AGREEMENT, and we will automatically
become counter-party to this Agreement.
1.3 IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT, THEN DO NOT PROMOTE THE WEBSITE(S).
II. DEFINITIONS
2.1 "Account" is the uniquely assigned account that is
created for Player when he/she opens an account at the Website.
2.2 "Affiliate ID" means the several-digit code you
are assigned when you sign up as a participant in the Affiliate
Program.
2.3 "Affiliate Fee" is the amount due and payable to
you, based solely on our system's data.
2.4 "Affiliate Section" means the password-protected
area of the Website that is accessible to you to check stats,
register Sub-Affiliates, update profile, create additional
Trackers, select Banners and other functions.
2.5 "Banners and Text Links" means the graphical
artwork or text that you use to hyperlink Players from your site
to the Website.
2.6 "Gross Revenue" is calculated as the sum total of
all Players' contribution to all "rakes" the Players
were involved while playing at the Website, less any credits,
bonus or promotional amounts given to Players, processing
charges, charge backs, or any un-collectable revenue
attributable to the Player. Moreover, a Player's contribution to
the "rakes" shall be determined as the quotient
obtained when dividing the actual amount of each rake to which
the Player had contributed divided by the total number of
players at the table at the start of the hand. So, if the rake
in a hand with ten players at the table is three dollars
($3.00), each player's contribution to the rake will be thirty
cents ($0.30).
2.7 "Gross Revenue Percentage Plan" means we pay you
based on a percentage of the Monthly Gross Revenue generated by
Players.
2.8 "Fraud Traffic" 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
deposits generated on stolen credit cards, collusion,
manipulation of the service or system, bonuses or other
promotional abuse, and unauthorized use of any third party
accounts, copyrights or trademarks.
2.9 "Monthly Gross Revenue" means Gross Revenue as
calculated at the end of each calendar month for calculation of
your Affiliate Fee which is typically paid shortly after the end
of each calendar month.
2.10 "Sign Up Bonus Codes" is a unique alphanumeric
code that Players may enter when opening an Account. When
entered, the system automatically logs the Sign Up Bonus Codes
and records you as the Affiliate. To encourage potential Players
to use Sign Up Bonus Codes, extra cash or other Sign Up Bonus
Incentives may be given to Players that enter Sign Up Bonus
Codes. Further, Sign Up Bonus Codes may automatically be
entered/logged by the system with some CDs used for
installation.
2.11 "Sign Up Bonus Incentives" are special offers to
Players that give them extra cash or giveaways when they enter
open their Account or make a real money deposit.
2.12 "Website(s)" means the PartyPoker.com website
located at, inter alia, http://www.PartyPoker.com
and its related pages as well as the downloadable application
for playing multi-player poker.
2.13 "Spam" or "Unsolicited Promotions"
means emails or any other messages that are circulated by you,
directly or indirectly, including messages that are posted on
newsgroups, chatboards and other types of online forums and
which: 1). are directed at people who have not consented nor
confirmed that they wish to receive promotional messages
from you; 2). contain false or misleading statements; 3), do not
truthfully identify the source or the originating IP Address; or
3). do not provide the recipient with an option to easily
"Remove" them from receiving future mailings or
promotions.
2.14 "Sub-Affiliate" means a person or entity, which
you referred to the Affiliate Program, and for which, you will
receive compensation based on the Affiliate Fees due to them.
2.15 "Tracker(s)" means the unique Tracking URL or
Sign Up Bonus Codes that we provide exclusively to you, through
which we track and calculate Affiliate Fees.
2.16 "Tracking URL" means a unique hyperlink to the
Website through which you refer potential Players to the
Website. When the Player opens his/her Account, the system
automatically logs the Tracking URL and records you as the
Affiliate.
2.17 "Per Sign Up Plan" means we pay you based on the
number of Real Money Players that opened an account at
PartyPoker.com after clicking on a Tracking URL used by you or
entered a Sign Up Bonus Code when they signed up.
2.18 "Player(s)" or "Player's Account" means
the Account(s) opened at the Website by a person, via a Tracker
assigned to you and who makes the minimum required deposit
within 60 days of opening the Account.
2.20 "Real Money Player(s)" means a Player that makes
a real money deposit to his/her Account (at any time after
opening the Account).
III. TERMS & CONDITIONS
3.1 Identity and Disclosure. You must provide true and complete
information to us at all times; including but not limited to,
your identity, contact information, payment instructions,
nationality, residency, location and nature of your marketing
activities, and any other information that we may request from
time to time.
3.2 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. Under no circumstances will you send
Spam that in anyway refers users to us. Moreover all email
marketing will be conducted in compliance with Section 3.11
below.
3.3 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.
3.4 Competitive Marketing. For the avoidance of doubt it is
hereby clarified that you shall not be entitled to market to
potential Players (i) on any Internet site on which we promote
the Website; (ii) on any Internet search engine on which we
promote the Website; and (iii) in any other manner which results
in your competing with us in relation to the promotion of the
Website. In the event that you are in breach of the foregoing
provisions, we reserve the right to render the Tracking URLs
assigned to you void and you shall have no claims against us in
respect of such action taken by us.
3.5 Non Assignment. Trackers are for your sole use and are not
to be assigned to others without our written consent.
3.6 Sub-Affiliates. In addition to marketing to and referring
potential Players to the Website, you may refer others to this
Affiliate Program to also market to and refer potential Players
to the Website. In such event, we will pay you a percentage of
the amount paid to Sub-Affiliates for any Players they refer. To
receive credit for Sub-Affiliates, you must register them
through the "Register Sub-Affiliate" function within
the Affiliate Section of the site. FOR CLARITY, YOU WILL ONLY
RECEIVE CREDIT FOR SUB-AFFILIATES THAT YOU SPECIALLY REGISTER
UNDER YOU. Any person registered as an Affiliate cannot
subsequently be reclassified as a Sub-Affiliate. Under no
circumstances are you allowed to (i) register yourself as your
own Sub-Affiliate; (ii) use fictitious or alias names for the
registration of Sub-Affiliates; or (iii) offer any type of
enticement of monetary value or otherwise to potential
Sub-Affiliates unless such enticements are approved by us.
3.7 Commercial Use Only. This Marketing opportunity is for
commercial use only, and you may not sign up or make deposits to
any Account, directly or indirectly, through your Tracker(s) (or
any Sub-Affiliate tracker) for your own personal use, to
fraudulently increase the Affiliate Fees payable to you or to
otherwise defraud us. In no event are you to receive Affiliate
Fees on your own Player Account. Violation of this provision
constitutes Fraud Traffic.
3.8 Good Faith Marketing. You will not knowingly or unknowingly
benefit from any known, unknown, suspected or unsuspected Fraud
Traffic. For clarity, we reserve the right to withhold or
backout amounts generated by Fraud Traffic from Affiliate Fees
on the Trackers, regardless of whether you participated in or
knew about the Fraud Traffic. In the event that we determine
that you have knowingly participated in, or knowingly benefited
from, Fraud Traffic with the intent to defraud us, then we may
terminate this Agreement effective immediately and confiscate
any and all Affiliate Fees due to you.
3.9 Player Information. 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 expressly stated herein.
3.10 Trademarks and Domain Names. As further clarification of
your obligations under this Agreement, under Section 2.8
("Fraud Traffic"), the reference to unauthorized use
of trademarks includes your use any trademark, domain name or
trade name which contains, is confusingly similar to or is
comprised of the PARTYPOKER name and mark or any other name or
mark owned by us or our affiliates ("Our Marks")
without our prior written permission. In addition, the
restrictions under Section 3.4 ("Competitive
Marketing") include the use of Our Marks in connection with
a website that includes links to a competitive gaming, gambling
or casino site without our prior written approval of such links
and manner of use. By way of example, but without limitation,
you may not register or use PARTYPOKER in any position to the
left of the top-level domain (e.g., .com, .net, .uk) and you may
not make use of Our Marks on a website that includes links to a
competitive website without our prior written permission. Your
use of Our Marks is specifically limited to the use of
pre-approved marketing materials for the sole purpose of
directing Internet users to websites operated by us or our
affiliates. You agree that all use by you of Our Marks inures to
our sole benefit and that you will not obtain any rights in Our
Marks as a result of such use. You also agree that you will not
register any marks or names that contain, are confusingly
similar to or are comprised of Our Marks, and that any such
registration obtained by you shall be transferred to us upon
demand.
3.11 Email Marketing Practices: If you plan to promote
PartyPoker.com through email marketing, then your emailing
practices must comply with the following:
- Compliance with CAN-SPAM Act: Your email
marketing practices must comply with all federal, state and
local laws concerning email marketing, including but not
limited to the United States CAN-SPAM Act of 2003 (Public
Law 108-187), which includes but not limited to:
- You shall not mislead the consumer with
non relevant, inaccurate or ambiguous subject lines;
- You shall not falsify the email
"From" address or attempt to hide one's
identity
- You shall include a true name in
"From" line and not a sales pitch or marketing
message
- You shall use a reply address that will
be active for at least thirty days after sending the
email
- You shall include a physical business
address
- You must not prevent customers from
removing themselves from your list
- You must provide an adequate,
functioning and conspicuous “opt-out” or
“unsubscribe” option in every email message
- You must honor “opt-out” requests
within ten (10) days or before executing additional
email campaigns to that user.
- Lawfully Obtained Lists: You must not send
email to any email addresses which are not lawfully obtained
and do not conform with the following:
- Confirmed Opt-In: The email recipient
explicitly provides permission to have their email
address placed on a mailing list, the email sender sends
the email recipient a confirmation email, and the email
recipient confirms their permission by emailing back or
by visiting an operator-provided URL. Once email
recipient has double opted-in, mailing list emails may
include promotional or informational emails and unpaid
or paid newsletters. Single Opt-in confirmations should
not include promotional material.
- One to One: The email recipient has a
pre-existing business relationship with the mailing list
operator where the consumer has consented to receive
emails containing individualized content specific to the
consumer’s business account with the company, such as
e-statements, e-bills, travel itineraries, transaction
confirmations, etc.
- Notice of Affiiation with PartyPoker.com:
You must include the following copy in every email
message “Please note that you have received this email
from an affiliate marketer of PartyPoker.com. If you
feel you have received this email in error, been misled
by this affiliate or your previous opt-out request was
not honored by this affiliate, please immediately report
this affiliate by forwarding this entire email message
to PartyPoker.com’s SPAM HOTBOX at abuse@partypoker.com.
In addition, you can enter your email address into the
PartyPoker.com opt-out list to prevent receiving
emails from PartyPoker.com.
- Submission for Pre-Approval By
PartyPoker.com: At least five (5) days prior to sending the
email, you must submit to us for our approval, the text, the
source of the email list (which must be lawful and otherwise
in compliance with this Section 3.11) as well as the domain
name and IP address from which you intend to send the email
from. Unless we approve the same, you will not send the
emails. Further we shall have the right to have our
designated email addresses added to the list.
IV. REPORTS & PAYMENTS
4.1 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. Generally, you will receive a monthly report
with your payment indicating the number of new Players signed up
that month, per Tracker, and/or the total amount of due to you.
In addition, daily reports will be available online for you to
view new Players per Tracker.
4.2 Affiliate Fees. Unless otherwise agreed, Affiliate Fees will
be paid to you on a calendar basis in accordance with the
payment plan and rates you selected (and confirmed to you by
emailing upon sign-up and/or activation of additional Trackers).
Notwithstanding the foregoing, we may elect to not accept your
selected payment plan, in which case we will notify you within
seven (7) days of you signing-up or activating additional
Trackers.
4.3 Sub-Affiliate Fees. In addition to the above Affiliate Fee
for Players you refer, you will also receive, subject to the
agreed upon payment plan and rate, your commission on the
Affiliate Fees due and payable to your Sub-Affiliate(s) for
Players they refer.
4.4 Time 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 for all Trackers is
less than $50, the balance will be carried over and added to the
next month's Affiliate Fees until the total amount is more than
$50. Further, if the amount due is negative in any particular
month, then that negative amount will carry over and be deducted
against the following month. In the event, the balance amount
carried over does not total $50 within a consecutive three (3)
month period, then the amount due will be voided and cancelled,
and we may terminate this Agreement.
4.5 Holdover for Fraud Traffic. In the event we suspect Fraud
Traffic, then we may delay payment of the Affiliate Fees to you
for up to one hundred and eighty (180) days while we investigate
and verify the relevant transactions. In the event that we
determine the activity to constitute Fraud Traffic, or to
otherwise be in contravention of this Agreement, then in our
sole discretion we may recalculate and/or confiscate your
Affiliate Fees accordingly. For the avoidance of doubt, we are
not obligated to pay on Players who in our sole discretion are
not verifiably who they say they are or are otherwise highly
likely to be involved with Fraud Traffic.
4.6 Method of Payment. All payments will be due and payable in
United States Dollars only. Payment will be made by check, wire,
ACH or any other method as we in our sole discretion decide;
however we will try to accommodate your preferred payment
method. Charges for wires or courier charges for checks will be
covered by you and deducted from your Affiliate Fee.
4.7 Player Tracking. You understand and agree that potential
Players must link through a Tracking URL or enter a Sign Up
Bonus Codes when they sign up in order for you (and
Sub-Affiliates) to receive Affiliate Fees in relation to such
potential Players. In no event, are we liable for your failure
to use the right Trackers or for potential Players' failure to
properly enter Sign Up Bonus Codes. Further, you understand and
agree that you will not receive credit for Sub-Affiliates unless
you expressly register them under you. We may at any time
change, in our sole discretion, our tracking system and
reporting format.
4.8 Disputes. If you disagree with the monthly reports or amount
payable, do NOT accept payment for such amount and immediately
send us written notice of your dispute. Dispute notices must be
received within thirty (30) days of the end of each month for
which payment is made, or your right to dispute such report or
payment will be deemed waived and you shall have no claims in
such regard. Further, deposit of payment check, acceptance of
payment transfer or acceptance of other payment by you will be
deemed full and final settlement of Affiliate Fees due for the
month indicated.
4.9 Negative Gross Revenue: In the event that the Gross Revenue
quotient is a negative amount during any given period(s), such
negative amount shall be carried forward and deducted from the
Gross Revenue amount of the relevant subsequent period of time.
In the event that the Gross Revenue quotient is a negative
amount for three (3) consecutive calendar months, we shall be
entitled to terminate this Agreement.
V. TERM AND TERMINATION
5.1 Term and Termination. This Agreement will take effect when
you (or Sub-Affiliates) start promoting the Website. This
Agreement will be continuous until terminated pursuant to this
Section 5. 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.
5.2 Termination By You. You may terminate this Agreement, with
or without cause, immediately upon written notice to us. In
addition, you may cease marketing the Website any time you want.
5.3 Termination By Us. We may terminate this Agreement, with or
without cause, upon thirty (30) days written notice to you.
Further, we may terminate this Agreement immediately, without
notice, in the following events:
- You materially breach this Agreement and do
not cure within fifteen (15) days of notice to cure;
- The total cumulative balance of Affiliate
Fees due to you is less than $50 for three (3) consecutive
months;
- We determine, in our reasonable discretion,
that you knowingly benefited from Fraud Traffic as set forth
in Section 2.8 herein; and
- The total number of new Players introduced
by you in a sixty (60) day period is less than 1.
5.4 Effect of Termination: The following will apply upon the
effective date of termination:
- You will stop promoting the Website and all
rights and licenses given to you under this Agreement will
terminate immediately, except as expressly stated herein;
- You will return all confidential information
and cease use of any of our trade names, trademarks, service
marks, logos, banners and other designations;
- We may leave open, redirect or deactivate
any Trackers in our sole discretion without any obligation
to pay you on new Players who come in or would have come in
on those Trackers;
- We will continue to pay you Affiliate Fees
for all existing Players who signed up through the effective
date of termination and on any Gross Revenue generated by
these Players subject to the terms of this Agreement and any
other user agreements to which they have agreed to; and
- Notwithstanding anything to the contrary
contained herein, in the event we determine, in our
reasonable discretion, that you materially violated the
provisions of Section 3, we may in our sole discretion stop,
cancel and confiscate all your Affiliate Fees; and in such
case, we do not waive any other legal rights we have against
you.
VI. LIABILITIES
6.1 No Warranties. 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 (OR THAT PROVIDED
TO US BY THIRD PARTIES). WE (OR OUR PROVIDERS OR UNDERLYING
VENDORS) ARE NOT REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S),
NETWORK, AND SOFTWARE OR HARDWARE.
6.2 Billing and Collection Limitations. 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.
6.3 Liability Limitations. Our obligations under this Agreement
do not constitute personal obligations of the owners, directors,
officers, agents, employees, vendors or suppliers of the
Website. Any liability arising under this Agreement will be
satisfied solely from the revenues generated hereunder. 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 (regardless of
whether we have been advised of the possibility of such loss).
6.4 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 breach of this
Agreement.
VII. INDEPENDENT INVESTIGATION
7.1 Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MARKETING
THE WEBSITE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
7.2 Independent Research. 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 BELIEVE THAT YOU MAY PARTICIPATE IN
OUR Affiliate Program WITHOUT VIOLATING ANY APPLICABLE RULES OR
LAWS.
VIII. MISCELLANEOUS
8.1 Notices. All notices pertaining to this Agreement will be
given by email as follows: to you at address provided on the
Affiliate Sign up Form (or as subsequently updated by you to us
in the event of change), and to us at affiliates@iglobalmedia.com
and if unsatisfied with the response then to claims@iglobalmedia.com.
8.2 Relationship of Parties. There is no relationship of
exclusivity, partnership, joint venture, employment, agency or
franchise between you or us under this Agreement. Neither party
has the authority to bind the other nor to incur any obligation
on the other's behalf, except as expressly provided herein.
Nothing in this Agreement will be construed to provide any
rights, remedies or benefits to any person or entity not a party
to this Agreement.
8.3 Non-Exclusive. You understands that we may at any time
(directly or indirectly), enter into marketing terms with other
Affiliates on the same or different terms as those provided to
you herein and that such Affiliates may be similar, and even
competitive, to you. You understand that we may re-direct
traffic and users from our site to any other website that we
deem appropriate in our sole discretion, without any additional
compensation to you.
8.4 Confidentiality and Non Disclosure. As a marketer of the
Website you will receive confidential information from us as to
our marketing plans, marketing concepts, structure and payments.
This information is confidential to us and constitutes our
proprietary trade secrets. Therefore, you will not disclose this
information to third parties without our express written
consent.
8.5 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.
8.6 Assignment. This Agreement and the rights and obligations
hereunder may not be assigned by you without our express written
consent.
8.7 Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of Gibraltar without
giving effect to conflicts of law principles. You irrevocably
agree to submit, for the benefit of the Company, to the
exclusive jurisdiction of the courts of Gibraltar for the
settlement of any disputes arising out of or concerning this
Agreement. If any part of this Agreement is found void and
unenforceable, it will not affect the validity of the balance of
the Agreement, which shall remain valid and enforceable
according to its terms.
8.9 Force Majeure. 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 thereof occasioned by or due to fire, flood, water,
the elements, labor disputes, power failures, explosions,
governmental actions, unavailability of transportation, acts or
omission of third-parties, or any other causes beyond the
party's reasonable control.
8.10 Severability/Waiver. Whenever possible, each provision of
this Agreement will 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
provision hereof. No waiver will be implied from conduct or
failure to enforce any rights and must be in writing to be
effective.
8.11 Modification. We may modify any of the terms of this
Agreement at any time, in our sole discretion, by either (i)
emailing you a change notice or (ii) by posting the new version
of the Agreement on our Website. It is your responsibility to
visit the Website frequently to make sure you are up to date
with the latest version of the Agreement and its provisions. IF
ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS
TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE
AFFLIATE PROGRAM FOLLOWING POSTING OR NOTICE OF CHANGE WILL BE
DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.
8.12 Entire Agreement. This Agreement embodies the complete
agreement and understanding of the parties hereto with respect
to the subject matter hereof and supersedes and preempts any
prior understandings or agreements between the parties, written
or oral, which may be related to the subject matter hereof. The
headings in this Agreement are for convenience only and will
have no effect on the construction of this Agreement.
PartyPoker.com
Modified December 22, 2004 |
*This Affiliate Agreement, as
released and posted December 22, 2004 is Version 2, which modifies and
replaces the prior Version
1.
|