Affiliate Operating Agreement
You must accept the following agreement before becoming an Affiliate Member.
The following are the complete terms and conditions of your agreement to become a member of the Planet Poker Affiliate Program. You can enroll as a member of the Planet Poker Affiliate Program by creating a unique link to Planet Poker using text or one of our banners located on our banner farm page.
BY LINKING TO PLANET POKER, YOU ARE DEEMED TO HAVE AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. Thermaleator Limited will automatically become counter-parties.
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CREATE A LINK TO PLANET POKER.
- Our Rights and Obligations
- Your Rights and Obligations
- Fee Schedule
- Fee Payment
- Term and Termination
- Relationship of Parties
- Indemnity
- Disclaimer
- Limitation of Liability
- Independent Investigation
- Miscellaneous
1. Our Rights and Obligations
1.1 Register Your Customers
We will register your customers and will track their play. We reserve the right to refuse customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. ("Customer" means your customers that use the link from your site to ours and open an account with us. By opening an account with us, they will become our customers and, accordingly, all Planet Poker rules, policies, and operating procedures will apply to them.) We will endeavor in good faith to link your customers and track their play however the chosen cookie technology is not 100% tamper proof and if individual computer users are so inclined they may bypass our tracking system which could result in them not being tagged or identified as your affiliated customer.
1.2 Track Customers' Play
We will track customers' activity and supply reporting to you on the commission report page of our Affiliate site. The reporting will be updated daily at midnight, with commission checks paid out monthly.
1.3 Pay an Affiliate Fee
We will pay you an affiliate fee based on net revenue (as set out below in fee schedule) we receive from players you refer.
1.4 Modification
We may modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site which we will notify you of. Modifications may include, for example, changes in the scope of available affiliate fees, fee schedules, and affiliate program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE (WHICH WE WILL NOTIFY YOU OF) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
2. Your Rights and Obligations
2.1 Linking to Planet Poker
By agreeing to participate in this affiliate program, you are agreeing to create a unique link from your site to Planet Poker. You may link to us with one of our banners or with a text link. This is the only method by which you may advertise on our behalf. We will terminate this agreement immediately if there is any form of spamming or if you advertise our online cardroom in any other way. You shall not make any claims, representations, or warranties in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
Affiliate sites must display Planet Poker banners and/or text links at all times. Failure to do so may result in termination of the affiliate account. Additionally, affiliate accounts will be closed following 90 days of inactivity (no new signups and/or no new accumulated earnings).
Terminated accounts are subject to a $30 administration fee, and a bank draft will be issued for any unpaid balance in excess of $30.2.2 Agency Appointment
By this agreement, we grant you the non-exclusive right to direct customers to our site and services, in accordance with the terms and conditions of this agreement. This agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your affiliates, and we obviously intend to contract with and obtain the assistance from others at any time to perform services of the same or similar nature as yours. You shall have no claims to affiliate fees or other compensation on business secured by or through persons or entities other than you.
2.3 Approved Layouts
Without our prior written approval, you will only use our approved banners and will not alter their appearance. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of our site. You may only use a Planet Poker banner that has been uploaded to your server. DO NOT DIRECTLY LINK TO THE BANNERS ON OUR WEBSITE. IF YOU DO THIS WE WILL NOT PAY YOU ANY AFFILIATE FEES.
2.4 Good Faith
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. 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. Even if you have not knowingly generated such traffic, we reserve the right to withhold affiliate fees with respect to such traffic.
2.5 Responsibility for Your Site
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 libelous 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.
2.6 License To Use Marks
We hereby grant to you a non-exclusive, non-transferable license, during the term of this agreement, to use the Planet Poker intellectual-property marks (licensed, in turn by us, from their owner) solely in connection with the display of the banners on your site. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the marks is limited to and arises only out of this license to use the banners. You shall not assert the invalidity, unenforceability, or contest the ownership of the marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our or our licensor's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
2.7 Confidential Information
During the term of this agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of Planet Poker and/or the affiliate program (including, for example, affiliate 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.
3. Fee Schedule
Affiliates earn 20% of *gross revenue up to $10,000 per month and 25% of *gross revenue greater than $10,000 per month.
*Gross revenue" is the players' total contribution to all "rakes" the players were involved in while playing at Planet Poker. We reserve the right to deduct any credits, charge backs or any other uncollectible revenue attributable to those players if it becomes excessive relative to the value of the affiliated players.
The referred players' contribution to the "rake" shall be determined as the quotient obtained when dividing the actual amount of each rake by the total number of players at the table at the start of the hand. So if the rake in a hand with ten people at the table is $3.00, the player's contribution to the rake will be $0.30.
4. Fee Payment
Planet Poker pays its commissions within two weeks (14 days) at the end of each calendar month. Payment is requested by the affiliate via the CA$HIER from the game. This enables affiliates the flexibility to choose from several cashout options each month.
5. Term and Termination
5.1 Term
The term of this agreement will begin when you create a unique link to 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 of termination, delivery via email is considered a written and immediate form of notification.
5.2 Upon Termination:
You must remove all of our banners from your site and disable the link from your site to ours. All rights and licenses given to you in this agreement shall immediately terminate. You will be entitled only to those unpaid affiliate fees, if any, earned by you on or prior to the date of termination. You will not be entitled to affiliate fees with respect to play occurring after the date of termination. If you have failed to fulfill your obligations and responsibilities, we will not pay you the affiliate fees otherwise owing to you on termination. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we continue to permit play from customers after termination, this will not constitute a continuation or renewal of this agreement or a waiver of termination. You will return to us 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 designations of Planet Poker.
5.3 Termination
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE. Unsuitable sites include those that: are aimed at children, display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, violate intellectual property rights.
6. Relationship of Parties
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.
7. Indemnity
You shall defend, indemnify, and hold Planet Poker, Thermaleator Limited, 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 affiliate program.
8. Disclaimers
We make no express or implied warranties or representations with respect to the affiliate program, Planet Poker or affiliate fee payment arrangements.
9. Limitation of Liability
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 affiliate 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 commissions paid or payable to you under this agreement. Nothing in this agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this agreement. Any liability arising under this agreement shall be satisfied solely from the commission fee generated and is limited to direct damages.
10. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER AFFILIATES ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous
11.1 Assignability and Enurement
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 on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.
11.2 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, DELETIONS OR INTERLINEATIONS OF THIS AGREEMENT ARE PERMITTED OR WILL BE RECOGNIZED BY US. None of our employees, officers or agents may verbally alter, modify or waive any provision of this agreement.
11.3 Remedies
Our rights and remedies hereunder 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 obligations 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.
11.4 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 provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
IN WITNESS WHEREOF, you expressly agree to the terms and conditions of this agreement by downloading our banner and creating a link from your site to ours.

