PokerPartnerSystems
By and between PokerPartnerSystems and their game hosting Affiliate, who henceforth shall be referred to as "Affiliate"? The parties agree to the following, which shall apply throughout the term of this agreement:

1. DEFINITIONS
"Plans" shall refer to the services offered by PokerPartnerSystems, as listed online at http://www.PokerPartnerSystems.com.
"Affiliate", as mentioned above, shall refer to the end user who is utilizing the online game hosting services provided by PokerPartnerSystems.

2. PRICES
All prices for Plans provided by PokerPartnerSystems to its Affiliates are in U.S. Dollars. Affiliates must pay for services provided by PokerPartnerSystems in U.S. Dollars.

3. ORDER ACCEPTANCES AND PAYMENT
3.1. All orders are subject to acceptance by PokerPartnerSystems. An order will be deemed accepted when written (e-mail) confirmation of the order is sent to the Affiliate. PokerPartnerSystems may refuse to accept, or delay for any period of time, any order for any reason.

    1. Payment and Terms: Payment shall be made to PokerPartnerSystems in U.S. dollars only. Payments are due upon account activation and future account renewal, and may be made through the use of a valid credit card. Credit card payments will occur automatically until Affiliate requests cessation of service. If shortfalls in payment to PokerPartnerSystems of the full invoice amount occur due to bank fees, transfer fees, or the like, PokerPartnerSystems will re-invoice The Affiliate for the shortfall. Should payment in full of any invoice (aside from the shortfalls mentioned above) not be received by PokerPartnerSystems after account activation or renewal, PokerPartnerSystems may discontinue, withhold, or suspend services to the Affiliate.
    2. . Cancellations of service cannot be made without the correct account password.

3.4.Should any Affiliate attempt a charge back for services knowingly purchased from PokerPartnerSystems, PokerPartnerSystems may terminate services for that Affiliate and will pursue full legal recourse against the Affiliate to recoup any and all losses. If a charge back occurs as a result of Affiliate error, a $20 fee will be assessed on top of the full charge back amount. On a second attempt at a charge back, PokerPartnerSystems shall immediately discontinue services to the Affiliate and pursue full legal recourse to recoup any and all losses, and future services to the Affiliate shall be denied.
3.5. Setup fees, for any services or Plans, are not refundable, regardless of the length of time the service or Plan is used by the Affiliate.
3.6. Should an Affiliate follow standard procedures and cancel services with PokerPartnerSystems, they are entitled to a refund equivalent to the length of time that has been paid for, but not used. This refund is calculated based on a daily rate, depending on the Plan that was ordered. “Free Months” are not taken into account when calculating a refund.
3.7. Billing Cycle: the Billing Cycle for any and all services commences the day following the day the services/Plans were ordered. PokerPartnerSystems cannot, for any reason, change the Billing Cycle for a Plan or service.
3.8. The Affiliate is responsible for providing PokerPartnerSystems with the proper and correct Billing and Payment Information. Any and all fees incurred due to incorrect Billing and/or Payment information are the sole responsibility of the Affiliate.
3.9. PokerPartnerSystems is not responsible for the Affiliate’s failure to use the services/Plans offered by PokerPartnerSystems. The Affiliate has the right to cancel the services/Plans they have purchased at any time.

  1. LIMITATION OF PokerPartnerSystems's OBLIGATIONS AND LIABILIT

4.1       Any prizes offer by affiliate at private tables or tournament shall be the sole responsibility of the affiliate to deliver and to comply any state and federal law, rules, or other provision in regards to such prize

    1. PokerPartnerSystems will utilize its best efforts to maintain acceptable performance of services contracted for, but PokerPartnerSystems makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. PokerPartnerSystems cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. PokerPartnerSystems will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. PokerPartnerSystems shall not be liable to Affiliate for any claims or damages which may be suffered by Affiliate, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, no deliveries, or service interruptions whether or not caused by the fault or negligence of PokerPartnerSystems.
    1. PokerPartnerSystems may discontinue servicing any Plan, or may require fulfillment of conditions PokerPartnerSystems may choose to impose as a prerequisite for continuing to service any Plan. PokerPartnerSystems agrees to provide Affiliate with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to PokerPartnerSystems. The following activities are specifically not allowed by PokerPartnerSystems and will result in IMMEDIATE account termination: Adding HATE content to websites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, or adding any content promoting or participating in ILLEGAL activities.
    1. PokerPartnerSystems's liability to Affiliate, and any end user of any Plan or other PokerPartnerSystems services is limited to the amount paid to and received by PokerPartnerSystems for services not accepted. In no event shall PokerPartnerSystems be liable to Affiliate, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if PokerPartnerSystems has been advised of the possibility of such damage.
    1. Affiliate will take all necessary measures to preclude PokerPartnerSystems from being made a party to any lawsuit or claim regarding PokerPartnerSystems services provided to any Affiliate or end user. Affiliate hereby agrees to indemnify and hold harmless PokerPartnerSystems from any and all claims of whatever nature brought by any of Affiliate’s against PokerPartnerSystems in excess of the remedy set forth in paragraph 5(C).

5. PROPERTY RIGHTS
PokerPartnerSystems owns all rights, titles and interests in PokerPartnerSystems's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Affiliate to use PokerPartnerSystems's trade names or service marks. The use by Affiliate of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans.

6. CONFIDENTIALITY
Affiliate acknowledges that by reason of its relationship with PokerPartnerSystems hereunder, it may have access to certain information and materials relating to PokerPartnerSystems's business, plans, Affiliates, software, and marketing strategies that is confidential and of substantial value to PokerPartnerSystems, which value would be impaired if such information were disclosed to third parties. Affiliate agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by PokerPartnerSystems. Affiliate further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Affiliate of any such confidential information in its possession, and all confidential materials shall be returned to PokerPartnerSystems or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, PokerPartnerSystems shall be entitled to injunctive relief, which relief shall not be contested by Affiliate.

7. TERMS & CONDITIONS

7.1 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.

7.2 Marketing Activities and Responsibilities. You will, at your own cost and expense, market to and refer potential Players to the your Website.
 

  1. 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. 
  1. 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.
  1. 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.

7.3 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.

  1. 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 your Website.
  1. We may will provide you, without charge, the guidelines, and graphical artwork and permitted text to use in promotional materials.
  1. 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.

7.4 Competitive Marketing. You shall not direct marketing toward another affiliates player. This shall include but no limited to the following:

  1. Name any affiliate in you advertising in a derogatory manner;
  2. State or suggest that any player terminate their account with another affiliates.
  3. Make statements or suggestion that are derogatory as to another affiliate or PokerPartnersystems.
  4. Engaging in such acts could or may result in termination of this agreement.

7.5 Good Faith Marketing. You will not knowingly or unknowingly benefit from any known, unknown, suspected or unsuspected Fraud Traffic or improper advertising to include and not limited to email or posting that could or may constitute spam. We reserve the right to terminate services.
7.6 Any prizes offer by affiliate at private tables or tournament shall be the sole responsibility of the affiliate to deliver and to comply any state and federal law, rules, or other provision in regards to such prize

8. RELATIONSHIP OF THE PARTIES
The relationship between PokerPartnerSystems and Affiliate is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Affiliate has no authority, apparent or otherwise, to contract for or on behalf of PokerPartnerSystems, or in any other way legally bind PokerPartnerSystems in any fashion, nor shall Affiliate be authorized to make any representations about PokerPartnerSystems or its services other than to set forth PokerPartnerSystems's responsibilities as outlined in this agreement.

9. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by PokerPartnerSystems in Jefferson County state of Alabama, USA. It is to be governed by and construed under the laws of the Jefferson County state of Alabama, USA. The federal and State courts of Jefferson County state of Alabama shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Affiliate hereby expressly consents to the jurisdiction of the courts of Ontario. To the extent permissible by the law of Affiliate’s jurisdiction, Affiliate waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.

10.  Arbitration. Any controversy or claim arising out of or relating to this Agreement, or breach of this Agreement, will be settled by binding arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

  1. There will be one arbitrator, mutually agreeable to you and us,
  1. Or if we/you cannot agree on an arbitrator, then one will be appointed by a court of competent jurisdiction.
  1. The losing party will pay all the expenses of the arbitration, including attorney’s revenues.

11.  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.

12. 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,

  1. Or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity,
  1. Or unenforceability, without invalidating the remainder of this Agreement or any provision hereof.
  1. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.

13.  Modification. We may modify any of the terms of this Agreement at any time, in our sole discretion by either E-mailing you a change notice or (ii) by posting the new version of the Agreement on our Website.

  1. 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.
  1. 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.

14.  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.

15. ACCEPTANCE OF TERMS
BY CLICKING ON THE "AGREE" BUTTON AND REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

 



[top]
Terms&Conditions Site Rules FAQ Customer Service About US Privacy Member Login


Contact us: info@pokerpartnersystems.com
Phone number: 205-647-1360