SUPPORT  

logo  

 

 

 

 

 

 

HOME




Affiliate Program Terms and Conditions

The following are the terms and conditions of your agreement to become a member of the The3Dpoker Affiliate Program. By applying to be an affiliate and placing a link to The3Dpoker (www.the3dpoker.com) from your website, you agree to be bound by all the terms and conditions set forth in this agreement.;

1) Agreements

You will create a unique link from your site to The3Dpoker. You shall not make any claims, representations, or warranties in connection with The3Dpoker, and you shall have no authority to, and will not, bind The3Dpoker to any obligation without first obtaining written permission from The3Dpoker or its authorized agent.

You will have access to marketing material containing a unique affiliate code.  When a potential customer links to The3Dpoker's website, they receive a cookie on their computer with your code. This code will generally stay on their computer for 30 days unless removed. If the customer leaves the site and returns while the cookie is active they will be recognized as your referral. When they register at The3Dpoker during this time period, your customer's account will be tagged with your code. The3Dpoker is not responsible for any problems or errors with the process of tagging an account with your code. You will be solely responsible for the development, operation and maintenance of your site and for all materials which appear on your site at your own risk, cost and expense.

2) License to use the Brand

The3Dpoker hereby grants you a non-exclusive, non-transferable license, during the term of this agreement, to use the The3Dpoker Intellectual Property Rights provided by The3Dpoker solely for your internal business purposes in connection with the promotion of The3Dpoker in accordance with such other limitations and restrictions as set out in this Agreement:

This license can be sub-licensed;

Your right to use the Brand is limited to, and arises only out of, this license to use The3Dpoker material; You shall not assert the invalidity, unenforceability, or contest the ownership of the brand in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the brands, render the same generic, or otherwise weaken their validity or diminish their associated goodwill;

You are not entitled to use your website in a way so that there is the risk of confusion with the website of The3Dpoker or in the way that gives the impression that it is or it belongs, in whole or in part, to The3Dpoker unless you have prior written permission from The3Dpoker which can be revoked anytime at its sole discretion;

3) Responsibilities and Obligations of the Affiliate

You warrant and undertake:To have full capacity and authority to enter into this Agreement and to provide true and complete information to The3Dpoker that may be associated with this Agreement at all times including but not limited to, your identity, contact information, payment instructions, and any other information that The3Dpoker may reasonably request from time to time; That all information you provided in your Application is correct and that you will notify The3Dpoker promptly of any changes; To not allow anyone else to use your login and password details for the Affiliate Program Site; To have obtained and will maintain in force all necessary registrations, authorizations, consents and licenses to enable you to fulfill your obligations under this Agreement and that you will fully comply with all applicable laws and regulations including any advertising codes; To not encourage or assist any Players to breach any terms and conditions agreed to when opening an account with The3Dpoker; That the activities and the site will comply with all legislation, regulations and codes of practice in the jurisdiction that it is operating from and any other jurisdiction in which it should operate and in any case to not target any jurisdiction where gambling and promotion thereof is illegal; The3Dpoker disclaims all liability for these matters. The3Dpoker has the right to monitor at no charge the Affiliate’s website to ensure Affiliate is complying with the terms of this Agreement.

4) Commission, Payment and Terms

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 THE3DPOKER IN WRITING WITHIN 7 WORKING DAYS. Failing notification of the intention to terminate the agreement within the aforementioned term constitutes binding acceptance of the changes. Payment will be made monthly, by latest on the 30th day of the month, and credited to your specified The3Dpoker account. Payments are normally carried out for any amount, but if it is necessary due to administration, The3Dpoker may accrue credits until such credit(s) equal at least one-hundred Euros (€100). Referral fees will be based upon our good faith calculation based on the referred player statistics available to The3Dpoker. The3Dpoker is not responsible for any fees not properly credited to you that The3Dpoker is unaware of due to computer error or other reasons. Activity reports will generally be available online by accessing the affiliate reporting site which you will get access to via information in the reply of your sign-up e-mail. Commission calculations will be based on NetRevenue. The NetRevenue definition will be calculated in the following way: NetRevenue = Gross Revenue - (Bonuses + Jackpot contributions + Gambling Taxes + Chargebacks or Refunds to players) At the end of the month a NetRevenue Share will be received by you. If an error is made in the calculation of the NetRevenue Share, The3Dpoker reserves the right to correct such calculation at any time and to reclaim from you any overpayment made by The3Dpoker to you. You shall be entitled to receive the Commission for lifetime value of player.  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. 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 The3Dpoker 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.

5) Disclaimer and Limitation of Liability

The3Dpoker makes representations with respect to the referral program 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). The3Dpoker makes no representation that the operation of our site will be uninterrupted or error-free, and The3Dpoker will not be liable for the consequences of any interruption errors. The3Dpoker 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 The3Dpoker has been advised of the possibility of such damages. The3Dpoker’s aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable to under this agreement. Any liability arising under this agreement shall be satisfied solely from the referral fee generated and is limited to direct damages.

6) Terms/Terminations and Consequences 

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 The3Dpoker 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. The e-mail to The3Dpoker is affiliates@the3dpoker.com If termination is initiated by The3Dpoker and is not caused by violation of this agreement, you will be entitled to unpaid referral fees, if any earned by you on or prior to the date of termination and as subject to modification described above. If termination is initiated by you or is by The3Dpoker as a result of a violation of this agreement, 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. At the time of termination, you must remove all The3Dpoker banners/icons from your site and disable the link from your site to The3Dpoker 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, The3Dpoker 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 The3Dpoker 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 The3Dpoker.

7) Confidential Information

During the term of this agreement, you may be entrusted with confidential information relating to the business, operations or underlying technology of The3Dpoker 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.

8) Miscellaneous

Modifying This Agreement: The3Dpoker may modify any of the terms and conditions contained in this, at any time, before or after termination of this agreement with immediate effect, and at its sole discretion, by sending you a notice identifying the changes. Modifications are rare. Changes may include, but are not limited to, changes in the referral fees, payment schedule or other rules. If any changes in the agreement are unacceptable to you, you may terminate this agreement by notifying The3Dpoker in writing at any time. As long as you don’t notify The3DPoker in writing of any termination constitutes a binding acceptance of the changes.

Indemnity:

You shall defend, indemnify and hold The3Dpoker, its partners, directors, officers, employees, agents and representatives harmless from and against any and all fines, losses, demands, suits, proceedings, judgments, costs, expenses (including reasonable attorneys’ fees and costs of litigation), damages of any nature or kind whatsoever (including compensatory or punitive damages) such as but not limited to, reputational damage, and any other liabilities of any nature, regardless of whether the Claim is founded or unfounded, arising out of or from, resulting from, connected with, or in any way relating to (a) any operation, development, maintenance or contents of your site and marketing materials (b) any breach by you of any warranty, representation, or agreement; (c) the performance of your duties and obligations under this agreement; (d) your negligence; or (e) 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; (f) a breach of the terms herein by you or any third party that gains access to the data from You.

Governing Law:

This agreement will be governed by Swedish laws, without reference to rules governing choice of law. The Parties will use their best efforts to resolve amicably any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof. Any such dispute, controversy or claim which cannot be settled amicably within thirty (30) days of written notice by either Party describing in reasonable detail the dispute, controversy or claim, shall be settled by expedited arbitration according to the Rules on expedited arbitration of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration proceedings shall be held in Sweden. The language of the pleadings, the documentation and the proceeding shall be in English or in Swedish if it is possible. The3Dpoker and you hereby agree that any action or legal proceedings related to this agreement will be in no other country or jurisdiction than Sweden.

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 The3Dpoker.

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 The3Dpoker. None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement.

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.

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.

Operating Agreement and Disclosure:

You understand that gambling laws may vary from city to city, state to state and country to country. BY SUBMITTING YOUR APPLICATION, YOU HEREBY STATES THAT YOU HAVE INDEPENDENTLY EVALUATED THE LAWS IN YOUR COUNTRY WHICH APPLY TO YOUR ACTIVITIES AND REPRESENT TO THE3DPOKER 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 out in this agreement, and that you agree with all its terms and conditions. YOU ACKNOWLEDGE FINALLY 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 WHEN YOU APPLY TO BECOME AN AFFILIATE TO THE3DPOKER.