This Affiliate Agreement (referred to as "Agreement") details the complete terms and conditions in creating a binding contract between PKR LIMITED (Registered Number:1541 operating as "PKR Ltd", an Alderney company whose registered office is at Millennium House, Ollivier Street, St. Anne, Alderney, Channel Islands, GY9 3TD; and you “the affiliate”
The parties have agreed to enter into this agreement whereby the Affiliate will provide certain Links to PKR Ltd in accordance with the terms of this agreement, and in return PKR Ltd will pay the Affiliate the Referral Fees in accordance with the terms of this agreement.
DEFINITIONS AND INTERPRETATION
Within this agreement the following words and expressions shall have the following meanings, unless the context otherwise requires:
"Affiliate`s Website" means the homepage and subsequent pages located at the Affiliate’s online Web site(s)
“A party” means a party to this agreement and includes its permitted assignees or the successors in title to that part of its undertaking which includes this agreement;
“A person” includes any person, individual, company, firm, corporation, government, state or agency of a state or any undertaking (whether or not having separate legal
"Branded" means the trade marks “PKR.com” and PKR Ltd
“Charge Back” means a credit card or debit card or any other payment method transaction that is being disputed by the card issuer and for which charges are being reversed;
"Commencement Date" means the date the Affiliate has accepted the terms of this Agreement;
"Link" means a Hypertext Link from the Affiliate`s Website to PKR Ltd’s Website;
"Marketing Material" means the PKR Ltd branded material located in the Marketing Materials section in the PKR Ltd affiliate programme as amended from time to time;
"Month" means a calendar month.
"Net Revenue" means the Poker Revenue less any chargebacks, credits, bonus, uncollectible revenue or any other relevant charge
"PKR Ltd Website" means PKR Ltd Online Poker website currently located at www.PKR.com
“Poker Revenue” means the Rake or Tournament Fees;
“Rake” means the contributions that are deducted from the money wagered by the players;
"Real Players" means a player who arrives at the PKR Ltd site as a result of Affiliate marketing activity either online (e.g. via a banner or a link) or offline (e.g. via a CD Rom), who opens a new user account and accepts the applicable terms and conditions and proceeds to making the required minimum deposit into their account and earns a specific number of frequent player points on the PKR Ltd site;
"Referral Programme" means the PKR Ltd referral programme pursuant to which the Affiliate will receive a Revenue Share;
"Report" means information that can be accessed through the affiliates website that provides summarized and detailed Customer activity and revenue share information;
"Revenue Share" means a referral fee that is calculated as a % of Net Revenue
"SPAM" is defined as unsolicited bulk mail messages including, but not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts.
“Tournament Fee” means the amount deducted by PKR to allow a player to enter a tournament;
"Unsuitable Website" means a website that displays, advertises or promotes the following, but not limited to;
(a) Pornography, child pornography or any other sexual acts;
(b) Violence;
(c) Discrimination based on race, sex, religion, nationality, disability or sexual orientation;
(d) Illegal activities;
(e) violates intellectual property rights;
(f) the abuse of internet poker, casino games and promotions;
g) Any conduct that may have a damaging effect on the PKR.com image
"includes" and "including" shall mean includes and including without limitation unless otherwise specified;
“Recitals, clauses, paragraphs or schedules” are to recitals, clauses and paragraphs of and schedules to this agreement. The schedules form part of the operative provisions of this agreement and references to this agreement shall, unless the context otherwise requires, include references to the recitals and the schedules;
“A person” includes any person, individual, company, firm, corporation, government, state or agency of a state or any undertaking (whether or not having separate legal Personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists);
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
In order to apply to the PKR Ltd affiliate programme a completed affiliate programme application must be submitted via the PKR Ltd website.
Once received this application will be evaluated by PKR Ltd, you will then be notified of the outcome. If the circumstance arises that your application is rejected this will be as a result of a full review of your proposed affiliation and at our sole discretion has been found ‘unsuitable’. If you application is rejected you can apply for an explanation of this decision and can reapply to the affiliate programme once suggested alterations have been carried out.
Upon PKR’s acceptance of your Affiliate application, you will receive an approval email with affiliate logins to gain access to the affiliate programme and a range of PKR Ltd affiliate marketing material which will assist in driving traffic to PKR Ltd and tracked back to you the affiliate. In using these materials you agree that you will deliver complete co-operation with PKR Ltd in order to establish and maintain affiliate marketing. You may only use this material on sites that you have proposed to us in your affiliate application and which we have approved. You agree to inform us of any additional sites that you wish to promote PKR Ltd on and obtain our approval for this before featuring any PKR Ltd material on them. You may not modify any of the PKR Ltd marketing material or links unless prior written consent from us has been obtained; failure to comply with these rules will entitle PKR to take action including but not limited to rendering your links inoperative. You may only use the available marketing material available in the PKR Ltd affiliate programme, and therefore you are not permitted without prior approval by PKR Ltd to use any other methods of promotion/advertising such as the use of spam e-mails.
You may not promote your site(s) using keyword advertising on internet search engines whereby those keywords are PKR brand terms or associated brand terms. This includes, but is not limited to, "PKR", "PKR.com", "PKR Limited", "PKR Technologies", "PKR Poker", "PKR Casino", "PKR online poker", "PKR Let`s Play" and "PKR 3d poker"
Neither affiliates nor their close relatives are eligible to become Real New Players via their own affiliate link (you/they can do so by singing up to PKR Ltd independently) Close relative refers to; spouse, partner, parent, child or sibling.
Affiliate Regulation; All information supplied on application must be truthful and accurate, PKR reserves the right in certain circumstances to run verification checks and may also contact you for certain identification documents. On the event of PKR Ltd discovering any activity or wrong information regarding your affiliate account we reserve the right to investigate this issue and subtract from the commissions due to you an amount of money to reflect the required investigation and additional work created by your having provided incorrect or incomplete details. PKR will closely monitor all affiliate accounts and commission for signs of fraud, either on the part of the affiliate or on the part of the affiliate’s players. Upon finding any instances of fraud PKR Ltd shall freeze your affiliate account and make immediate contact with you in order to resolve the matter and where necessary launch a full investigation. PKR reserves the right to terminate this agreement in the event of any wrong doing including but not limited to fraud and/or collusion.
Termination of Affiliate arrangement; The terms included in this agreement will commence upon your acceptance of the terms and conditions stated within this document and will conclude upon terminated by either PKR Ltd or you the affiliate which can occur at any time with or without cause. Either party shall issue the other party a written notice should they wish to terminate this agreement. Once the agreement is terminated final commission shall be paid and all PKR Ltd related marketing material must be removed. PKR Ltd reserves the right to withhold the final payment for up to 3 months to ensure that the correct amount is paid. Final payment will remove any future claim or entitlement to any further commission.
Rights upon termination upon termination of this agreement and after all final payments have been processed there will be no further obligations between PKR and the affiliate.
Affiliate site; the affiliate will retain complete control over their site(s) and must ensure that they continue to be appropriate to PKR Ltd’s terms and conditions. Your site must not contain any content of the sites or materials proprietary to PKR Ltd unless prior written permission has been obtained, or it is material obtained through the PKR Ltd affiliate programme. PKR Ltd will remain completely separate from the affiliate’s site(s) and as such PKR Ltd will not be included in any claims, damages and expenses relating to the development, operation/maintenance and contents of your site. Affiliates should continually be aware that their conduct has the potential to affect the PKR image and should therefore conduct their activity in a way that does not damage or have a negative impact on the PKR brand.
Commission; PKR Ltd shall pay a revenue share as follows;
Poker Revenue per Calendar Month % of Revenue you receive
$0-$10,000 20%
$10,001 - $50,000 25%
$50,001 or more 30%
Commission Calculation is based on the acquisition of Real Players. PKR shall be responsible for compiling the affiliate’s monthly revenue share information and all figures shall be available for affiliates to view via the affiliate programme accessible with their affiliate login codes. Any discrepancies can be raised with PKR Ltd and submitted via a written document containing full details of the possible discrepancy. It is the full responsibility of the affiliate to correctly execute tracking links and tracking codes in order to reduce the occurrence of any discrepancies in reporting, tracking and commission accrual.
Commission payment; all commission shall be paid to you on in arrears on a monthly basis in US dollars. Commission shall be credited to your affiliate account, which can take up to 30 days, but on average should happen within 15 days after the end of the given month. All affiliate withdrawals are subject to the same rules the players must comply to.
Liability Limitation; PKR will be in no way liable for any damages or loss of revenue, profits or data resulting from participation in the PKR Ltd affiliate programme.
Amendments to T&C’s; PKR Ltd reserves the right to modify terms & conditions contained in this agreement, when such modifications take place affiliates shall be notified via our affiliate programme site. Once affiliates have been informed this shall be considered sufficient provision of notice and will become effective as of that date. Any modifications that affiliate object to can be raised via the affiliate manager for an explanatory response regarding the reasons for change
Player Communication Once the referred player has signed up and become a player with PKR Ltd they are then considered to be customers of PKR Ltd only. Should you wish to communicate with the referred player(s) you have generated prior approval will need to be obtained through the PKR affiliate manager, clearly stating why you wish to communicate with these players
Intellectual Property By signing this agreement, PKR grants you the non transferable, non exclusive, revocable license to use its PKR branded material that was provided upon your acceptance to the affiliate programme, during the term of this agreement You are not permitted to make any alterations to this material in any way whatsoever without first applying for written approval to do so and supplying us with a sample of your intended alterations. We reserve the right to terminate this license at any time should we deem your use of such material to be inappropriate or if we suspend or disable your affiliate account.
Disclaimers; PKR will do its utmost to ensure that we run the software to the best of our ability without interruptions or errors, however PKR shall not be held responsible for any loss of business suffered through the performance of the software.. PKR does not express or imply any warranties or representations regarding the PKR affiliate programme(including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage).
Representations and Warranties; In agreeing to the terms and conditions of the PKR affiliate programme you express your acceptance of the following;
(i) this Agreement has been duly and validly executed by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms;
(ii) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; and
(iii) you are an adult of at least 18 years of age. You further represent that you have evaluated the laws relating to your activities and obligations hereunder and you have independently concluded that you can enter this Agreement and fulfil your obligations hereunder without violating any applicable rule of law. You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Programme and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
Confidentiality; Through your affiliate relationship with PKR you may be included on privileged information which is regarded as confidential and will be highlighted as such. Any such confidential information should not be communicated to any third parties.
Indemnification; Affiliates must agree to indemnify, defend and hold harmless PKR Ltd in all its entirety including (but not limited to) Shareholders, directors, employees and other affiliates from all forms of expenses, damages, liabilities or claims resulting from you the affiliate breaching
Language; In the event of any translations of the terms in this agreement resulting in any discrepancies of meanings the English language version shall prevail.
Anti-SPAM Policy - We do not condone SPAM. Any form of SPAM will result in your account being placed under review and all funds due being withheld pending an investigation of your account. Should you wish to report any incidences of SPAM, please contact us at nospam@pkr.com
Miscellaneous; This affiliate agreement is legally binding and enforceable and is governed by and construed in accordance with Alderney Law. It is the responsibility of the affiliate to adhere strictly to the terms of this agreement and any activity which contravenes these terms but that are undetected by PKR does not translate as a waiver of these terms and will subsequently enforce the adherence to the conditions of this agreement immediately.