Casino Affiliate Programs > Terms & Conditions > Absolute Poker

Absolute Poker Terms & Conditions

ABSOLUTE POKER

Terms and Conditions

This Standard Affiliate Agreement ("Agreement") contains the complete terms and conditions that apply to an individual or entity's participation in the Absolute Poker affiliate program ("Affiliate Program"), which is hosted and managed with Income Access. As used in this Agreement, "we" and "Absolute Poker " means the website Absolute Poker and its operators, and "you" and "Affiliate" means 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.

GENERAL

1.1 This Agreement was last updated on April 4th, 2005.

1.2 By marketing to and referring new Players to AbsolutePoker.com through a Tracking Link, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. In such a case 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 ABSOLUTE POKER. ANY UNAUTHORIZED OR VOLUNTARY PROMOTION WITHOUT ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENTS IS AT YOUR SOLE RISK AND YOU WILL BE EXPOSED TO ANY FURTHER LEGAL ACTION AS WE DEEM APPROPRIATE.

DEFINITIONS

2.1 "Account" is the uniquely assigned account that is created for Player when he/she opens an account at the Absolute Poker.

2.2 "Affiliate ID" means the numerical code you are assigned when you sign up as an Affiliate at the Income Access website.

2.3 "Affiliate Compensation" is the amount due and payable to you, based solely on our system's data, in accordance with the commission payment plan that as agreed upon when signing-up.

2.4 "Affiliate Section" means the area of the Website that is accessible to you by way of Affiliate ID and password and is the area where you may check stats, update account details, select marketing materials 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 "Net Revenue" is calculated as the sum total of all Players' rake contribution and tournament fees generated at Our Site less any credits, bonus or promotional amounts given to Players, processing charges and any other uncollectible revenue, as well as rake contributions by prop players. 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 "Net Revenue Commission Plan" means we pay you based on a percentage of the Monthly Net Revenue generated by Players in accordance to section 2.6 above.

2.8 "Fraud Traffic" means deposits, net revenue or traffic generated at Absolute Poker 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.

2.9 "Monthly Net Revenue" means Net Revenue as calculated at the end of each calendar month for calculation of your Affiliate Compensation which is typically paid shortly after the end of each calendar month.

2.10 "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.

2.11 "Website" means the AbsolutePoker.com website located at http://www.AbsolutePoker.com/ and its related pages as well as the downloadable application for playing multi-player poker.

2.12 "Tracking links” means the unique Tracking URL or Sign Up Bonus Codes that we provide exclusively to you, through which we track and calculate Affiliate Compensation.

2.13 "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.

2.14 "Player(s)" or "Player's Account" means the Account(s) opened at the Website by a person, via a Tracking Link assigned to you, during the term of this Agreement.

2.15 "Real Money Player(s)" means a Player that makes a real money deposit to his/her Account (at any time after opening the Account).

2.16 "Prop Player" means a player who is compensated to play at Absolute Poker.

2.17 "Spam” is the sending of an electronic message, email or posting to multiple recipients who have not specifically requested the message and furthermore the message does not comply with the federal "CAN-SPAM Act of 2003"; regardless of its content.

2.18 "Incentivized Traffic” refers to the use of giving some form of compensation to visitors for visiting a site. Incentives may come in the form of cash, points, merchandise or other means.

2.19 "Sub-Affiliate" refers to the webmaster of a functional website which you referred to the Affiliate Program, and for which you will receive compensation based on the Affiliate Fees due to them.

TERMS AND 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 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. Under no circumstances may you market to or refer persons less than 21 years of age to the Website, regardless of the age of majority in the location you are marketing.

3.3 Approved Marketing Materials. You will only use marketing materials that have been provided by us and/or pre approved by us. You will not modify our marketing materials, copyrights, logos, etc., without our written consent. During the term of this Agreement, we grant you a terminable, non-exclusive, non-transferable right to use our logo, trademark and other copyrighted promotional materials for the sole purpose of marketing to and referring 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 Compensation payable to you.

3.4 Non Assignment. Tracking Links are for your sole use and are not to be assigned to others without our written consent.

3.5 Commercial Use Only. This Marketing opportunity is for commercial use only, in no event are you to receive Affiliate Compensation on revenue generated on your own player account at the Website. Affiliates are prohibited from playing at Absolute Poker through their own tracking link or from the tracking link of an associate who shares all or part of the Affiliate Compensation with the affiliate. This includes any individuals or groups from which an affiliate receives compensation or remuneration from of any kind. Violation of this provision constitutes Fraud Traffic. In the event of violation of this section, Absolute Poker shall have the right to void any earned commissions applicable from such play.

3.6 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 Compensation on the Tracking link(s), regardless of whether you participated in or knew about the Fraud Traffic. 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.

3.7 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.

3.8. Anti-Predatory Advertising. No affiliate will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner the web users online access, view or usage of, or other aspect of the web users online experience at, any affiliates webpage (as defined below) in a manner that causes or otherwise results in a different experience from that was otherwise intended by such affiliate.

No Affiliate will block, alter, direct or redirect, or substitute, insert or append itself to, or otherwise intercept or interfere in any manner with, any click-through or other traffic-based transaction that originated from an affiliate webpage (including without limitation any return visit to Absolute Poker to which such click-through or other traffic reached or intended to reach) with the result of reducing compensation or other payment earned by or owing to an affiliate or increasing any payment obligation of Absolute Poker with respect to any individual transaction.

Affiliates will be removed from the Absolute Poker Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in our program.

3.9 Anti-Spam Policy. In accordance with the “CAN-SPAM Act of 2003” legislation, Absolute Poker strictly prohibits members from sending unsolicited mass emails or spam, whether via email, Usenet or any other form. Any member using spamming techniques for soliciting referrals will be in automatic breach of this agreement and will be immediately terminated and legally pursued for any resulting damages.

You may not send out an electronic message on behalf of Absolute Poker or any of its partners or without prior written consent. You may not make any claims of endorsements by Absolute Poker or any of its partners or merchants without their prior consent.

In addition if you choose to send bulk or unsolicited emails you are obligated to provide your potential electronic message recipients with the following:

(i) A Clear and conspicuous notice that the email is an advertisement or solicitation.

(ii) A Clear and conspicuous notice of the option to “unsubscribe” to further commercial email.

(ii) Unsubscribe request must be handled within 10 days of receipt.

(iv) A valid email and physical postal address of the sender.

(v) Header information that is not materially false or misleading.

Affiliates are forbidden to promote Absolute Poker in newsgroups, forums and blogs in a manner that violates the newsgroup, forum or blogs anti-spam regulations.

4.0 Duplication of Absolute Poker site and content. You are forbidden from creating a site that copies, resembles the look and feel of, duplicates the content, or otherwise creates the impression that the affiliate site is the Absolute Poker web site.

4.1 Re-direction of links. You are forbidden from causing any Link in an advertisement that Absolute Poker provides to link to any page other than the URL provided with the Tracking Link(s).

4.2 Use of Incentives. You are forbidden from using incentives to direct traffic to Absolute Poker without the prior consent and review by Absolute Poker. If you are found to be sending incentives traffic without Absolute Poker's consent this will be considered fraud traffic. Absolute Poker also reserves the right to adjust the affiliate compensation plan for affiliates using incentives to send players to Absolute Poker. Furthermore, affiliates are required to take full responsibility for all communications with players regarding these privately offered incentives .

4.3 Sub-Affiliates. In addition to marketing to and referring potential Players to the Website, you may refer webmasters with functional websites 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, they must register through your affiliate ID. YOU WILL ONLY RECEIVE CREDIT FOR SUB-AFFILIATES THAT SPECIFICALLY 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.

4.4 Private Tournaments. In order for your affiliate account to be eligible for private tournaments, you must meet the minimum requirements of having 30 days of recorded activity and at least 10 depositing referrals. All tournaments are subject to approval of our Tournament Director.

REPORTS, COMPENSATION PLANS & PAYMENTS

5.1 Reports. We will track and report Player activity for purposes of calculating your Affiliate Compensation through our Affiliates Stats Page. This activity can be viewed at http://affiliates.absolutepoker.com/login.asp. The form, content and frequency of the reports may vary from time to time in our sole discretion.

5.2 Affiliate Compensation Plan. As an affiliate there are two standard compensation plans available: The Net Revenue Commission Plan and the CPA Commission Plan. By default, you will be on the standard Net Revenue Commission Plan where you earn a percentage of the commission from the Net Revenue generated from players referred through your Tracking Links(s) (25% for up to $10,000 in revenue for the month, 30% for $10,001 to $20,000 in revenue for the month, 35% for $20,001 and over in revenue for the month). Under the standard CPA Commission Plan you will earn a flat amount for each player you refer through your tracking links who meets the minimum requirement of making a $50 purchase and the website and playing a minimum of 100 raked hands ($75 per player for up to 10 players referred in the month, $100 per player for up to 15 players referred in the month and $125 per player for over 15 players referred in the month). You will be compensated according to the CPA Commission Plan for only one player meeting the minimum requirements per individual, per household, per computer. The CPA Commission Plan option is available by emailing affiliates@absolutepoker.com with the request. The CPA Commission Plan is available to affiliates at the sole discretion of Absolute Poker.

5.3 Time of Payment. Affiliate Fees. You will be paid, on a monthly calendar basis, according to the Commission Plan you have agreed upon. You will be paid and sent out to you within ten (10) days of the close of each calendar month.

5.4 Sub-Affiliate Fees. In addition to the above Affiliate Fee for Players you refer, you will also receive, based on a referral tier system of 5% for the first referral tier and 1.5% on the second referral tier, your commission on the Affiliate Fees due and payable to your Sub-Affiliate(s) for Players they refer.

5.5 Holdover for Fraud Traffic. In the event Fraud Traffic on your Tracking link(s) is abnormally high, or there is suspicious activity, then we may delay payment to you for up to one hundred and eighty (180) days to verify the transactions and to otherwise ensure that such Fraud Traffic is identified, reversed and properly allocated to your Affiliate Compensation.

5.6 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 Player Account or any other method as we in our sole discretion decide; however we will try to accommodate your preference. Charges for courier charges for checks if requested, and agreed to, will be covered by you and deducted from your payment.

5.7 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, and/or use your specific referral bonus code. In no event, are we liable for your failure to use the right Tracking Links or referral bonus codes, or for potential Players' failure to properly follow the Tracking Link(s).

5.8 Disputes. Deposit of payment check, acceptance of payment transfer or acceptance of other payment will be deemed full and final settlement of Affiliate Compensation due for the month indicated. Hence, if you disagree with the 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.

TERM AND TERMINATION

6.1 Term and Termination. This Agreement will take effect when you start promoting the Website. This Agreement will be continuous until terminated pursuant to this Section 8.

6.2 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.

6.3 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 Compensation due to you is less than $50 for three (3) consecutive months; and we determine, in our reasonable discretion, that you knowingly benefited from Fraud Traffic as set forth in Section 2.8 herein.

6.4 Effect of Termination: The following will apply upon the effective date of termination: You will cease promotional activity 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 of Absolute Poker; We may leave open, redirect or deactivate any Tracking Link(s) in our sole discretion without any obligation to pay you on new Players who come in or would have come in on those Tracking Link(s); We will continue to pay you Affiliate Compensation for all existing Players who signed up through the effective date of termination and on any Net Revenue generated by these Players for as long as they continue to play in accordance with this Agreement; however 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; and In the event we determine, in our reasonable discretion, that you knowingly participate in Fraud Traffic, as set forth in Section 2.8 herein, we may in our sole discretion stop, cancel and forfeit all your Affiliate Compensation; and in such case, we do not give up any other legal rights we have against you.

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 directors, officers, employees or shareholders of AbsolutePoker.com or IncomeAccess.com. 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.

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 ABSOLUTEPOKER.COM 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.

MISCELLANEOUS

8.1 Notices. All notices pertaining to this Agreement will be given by email as follows: to us at affiliates@AbsolutePoker.com and, to you at address provided on the Affiliate Sign up Form (or as subsequently updated by you to us in the event of change).

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. 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 Costa Rica.

8.8 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.

8.9 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.

8.10 Modification. We may modify any of the terms of this Agreement at any time, in our sole discretion, by E-mailing you a change notice or by posting the new Agreement on our Website. It is your responsibility to visit this page at least once a month to make sure you are up to date with the latest terms and conditions of our Affiliate Program. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING POSTING OR NOTICE OF CHANGE WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.

8.11 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.

IN WITNESS WHERE OF, you expressly agree to the terms and conditions of this Agreement by submitting the Affiliate Registration Form.