These Terms and Conditions are valid from August 1st, 2009. The text modifies, replaces and supersedes all prior versions of this Agreement.
This Affiliate Agreement (“Agreement”) contains the complete Terms and Conditions between you (“the Affiliate”) and Devilfish Poker Ltd.
Devilfish Poker Ltd. (“us”, “the company”, “Devilfish Poker”) is 100% owned by Devilfish Gaming PLC, a company listed on the PLUS Market in London.
1. GENERAL
1.1. In completing the Affiliate Sign-up Form (“Create Affiliate Account”), and, subsequently marketing and referring new Members to Devilfish Poker, you agree to be bound by all the Terms and Conditions set out in this Agreement.
1.2. To be able to complete the affiliate registration you must have registered a Player Account with Devilfish Poker.
1.3. You must provide true and complete information to us at all times; including but not limited to, your contact information, payment instructions, nationality, residency, location and nature of your marketing activities, and any other reasonable information that Devilfish Poker may request.
1.4. On your acceptance of this Agreement by completing the Affiliate Sign-up Form, Devilfish Poker will automatically become your counter-party to this Agreement.
2. MARKETING CODE AND RULES (“the Code”)
2.1. Any marketing done by you must be in accordance with this document and you acknowledge Devilfish Poker’s right to terminate, change, modify and /or withdraw any type of marketing activity if in Devilfish Poker’s reasonable opinion the marketing activity does not comply with the Code, any applicable law and/or the Terms and Conditions.
2.2. The Code shall not be seen or understood as an exhaustive set of rules; You always have the obligation to market the Devilfish Poker site in the light of any other set of rules, applicable laws and instructions applicable to the specific marketing situation.
2.3. You shall not publish in any manner whatsoever, through any medium and in any place advertising or marketing materials and/or promotional activities that:
- encourages anyone to contravene any law; or
- targets individuals under the legal gambling age; or
- shows people under eighteen years gambling; or
- is false or untruthful, particular about the chances of winning or the expected return to a individual; or
- suggest that gambling is a form of financial investment; or
- suggest that skill can influence games that are purely games of chance; or
- promotes smoking and, or the abuse of the consumption of alcohol while gambling; or
implies that gambling promotes or is required for social acceptance, personal or financial success or the resolution of any economic, social or personal problems; or
- contains endorsements by well-known personalities or celebrities that suggest gambling contributes to their success; or
- exceeds the limits of common decency; or
- encourage individuals to chase their losses or re-invest their winnings.
2.4. You shall when publishing intellectual property such as trademarks, marks, texts, content and logos and/or pictures or photographs reproducing or visualizing intellectual property or individuals in any manner whatsoever, through any medium and in any place secure and assure that you have obtained the permission to use such material from the owner of the intellectual property or the individual.
2.5. If you organize events or participate as sponsor or similar in events organized by any third party, you shall secure and assure that the event is in compliance with all relevant applicable laws and that the organizer is in possession of necessary applicable permissions if any such is required for the event.
2.6. You shall not provide or offer credits to a customer in any way.
2.7. You have no right or authority to assume or to create any contractual obligation or responsibility on behalf of Devilfish Poker.
2.8. The Partner shall consult with Devilfish Poker before the launch of a marketing activity if in any doubt about how the marketing activity acts in accordance with the Code.
2.9. You may market to and refer potential Members to Devilfish Poker at your own expense. You will be solely responsible for the content and manner of your marketing activities.
2.10. You are only allowed to advertise Devilfish Poker through approved marketing activities. The use of spam e-mails or advertising on adult web sites as well as trying to recruit Members through the chat at Devilfish Poker or other websites within the Entraction Network (former B2B Poker Network) is strictly forbidden. You must not register any domain names that contain Devilfish Poker trademarks, misspellings or any other similar variations of trademarked brand terms, for the purpose of promoting Devilfish Poker. You must not run any PPC campaigns bidding on any Devilfish Poker keywords, misspellings or any other variations of the brand trademarks across all search engines. If Devilfish Poker finds that you have participated in such activities, Devilfish Poker reserves the right to close your account immediately and withhold all earnings and remaining funds on account(s).
2.11. The cumulative monetary value refunded to players in the form of poker signup/deposit bonus, Monthly VIP Bonus, rakeback, or any other prize cannot exceed 50% of the rake generated by customer within the period of promotion validity.
2.12. Any “rakeback”, other then as described below in clause 2.13 – 2.15, is strictly forbidden within the Entraction Network.
2.13. The maximum rakeback that may be paid to any customer within Entraction Network is 30% of the rake if that customer is not participating in the Monthly VIP Bonus. Devilfish Poker deducts a 10% admin fee from rakeback payments to players equal to 3% of Gross Poker Revenue.
2.14. Referring to International Poker Network Rules (Boss Media,”Cardroom2”), in regard to monthly payout plans, no rakeback under €30 per month may be paid out.
2.15. Under the International Poker Network Rules (Boss Media), CardRoom2 rakeback may not be publicly advertised e.g. on your website(s).
2.16. The maximum ratio allowed for poker signup, deposit and reload bonuses is €1 for 100 VIP-points earned.
2.17. Sportsbetting signup and reload bonuses shall not exceed €50 and 10% of the deposited amount. The minimum wagering requirements is 3 times with the minimum odd of 1.50. The deposit plus bonus and winning are locked in the sportsbetting account for 30 days after the deposit.
2.18. Casino signup and reload bonuses shall not exceed €200. The minimum wagering requirement to achieve the bonus is 25 times the deposit. Baccarat, Black Jack, All Casino Hold´ems, Jackpot 6000, Craps, Jacks or Better and Roulette do not count towards wagering. The bonus money cannot be withdrawn unless wagering requirements fulfilled.
2.19. Non-deposit bonuses (instant bonuses) shall have clearing or wagering withdrawal requirements as €0.1 for 1 VIP-point for Poker and 30 times for Casino. Non-deposit bonuses (instant bonuses) for Sportsbetting are forbidden.
2.20. If the Monthly VIP Bonus program is used, it shall be used within the allowed levels below. Making changes in the levels or paying more money on top of the levels etc. is strictly forbidden.
Level 6:
16,000 VIP Points = €3,600 Bonus, Additional Payout €450 for every 2,000 VIP Points
Level 5:
9,000 VIP Points = €1,800 Bonus, Additional Payout €200 for every 1,000 VIP Points
Level 4:
5,000 VIP Points = €875 Bonus, Additional Payout €140 for every 800 VIP Points
Level 3:
2,000 VIP Points = €300 Bonus, Additional Payout €75 for every 500 VIP Points
Level 2:
800 VIP Points = €80 Bonus, Additional Payout €20 for every 200 VIP Points
Level 1:
300 VIP Points = €25 Bonus, Additional Payout €5 for every 100 VIP Points
2.21. The exchange of VIP-points for cash is forbidden. VIP-points can be used as payment for tournament buy-ins and other network related features, but the value of 1 (one) VIP-point in this case shall not exceed €0.01 (100VIP = 1€ buy-in).
2.22 It is strictly forbidden for you to use the chat at Devilfish Poker (or any other site on Entraction) in order to acquire other customers’ contact details or to give your own contact details.
2.23. In the event that you desire to offer certain incentives to potential new Members, beside the bonuses linked to your sign-up/bonus codes, you must receive prior written approval from the Devilfish Poker Affiliate Manager (affiliates@devilfish.com) for such incentives. In the event that you do not receive such approval and offer such incentives, Devilfish Poker reserves the right to cancel your participation in the program, and withhold all earnings and remaining funds on account(s).
3. AFFILIATE COMMISSION
3.1. The Affiliate is paid a commission according to the Gross Revenue Percentage Plan as outlined below, unless otherwise agreed with the Devilfish Poker Affiliate Manager (affiliates@devilfish.com).
Monthly Gross Revenue Affiliate Commission
Definitions:
NGR: The GGR minus the Costs
GGR: Gross Gaming Revenue, being the gross revenue, including rake and tournament fees, casino hold and bingo hold
Costs: bonuses and promotional amounts paid to players, any fraud attributed monies, charge-backs, admin and payment processing charges.
3.2. For Poker, Gross Revenue will be calculated as the gross rake less costs for promotions awarded to the players (bonuses, tournament sponsorship, VIP-points etc), admin, payment processing and any costs for charge-backs (e.g. Credit Card fraud). The gross rake includes rake from cash games and fees from tournaments.
3.3. If the Monthly Gross Revenue is negative the negative balance will be carried forward to the next month.
4. TRACKING
4.1. All New Members that register using an Affiliate’s unique tracking URL or sign-up/bonus/tracking code will be automatically tagged to the Affiliate. Codes can be provided in limited or unlimited series and can be connected to different promotions. You can create your own codes via the “Bonus Codes” tab in the Affiliate Dashboard.
4.2. A "New Member" is defined as a new user, signing up on Devilfish Poker for the first time, whose email address has not previously been used to create an account on Devilfish Poker, and whose other personal details do not conflict with any existing user. Neither you nor your relatives, that is, your spouse or children, are eligible to become New Members via your Affiliate account, and should you or they do so you will not be eligible to receive the relevant commission. Devilfish Poker’s reports and calculations in relation to the number of New Members and the relevant Gross Poker Revenue figures shall be the sole and authoritative tool, and shall not be open to review or appeal.
4.3. Devilfish Poker will track and report Member activity for purposes of calculating your Affiliate commission. You will be provided with a web interface allowing you to follow your Members activity. This activity data will be updated once every 24 hours.
5. SETTLEMENT
5.1. All commissions are paid on a monthly basis to your Player Account, no later than 20 days after the end of each calendar month, unless otherwise agreed. Devilfish Poker reserves the right to freeze pay-outs if investigations regarding fraud or abuse needs to be conducted before the final commission can be determined. You can request withdrawals via your Player Account by the different payment methods available.
5.2. If paid promotions and charge-backs exceed the gross rake, the net losses will be carried forward to the next month.
5.3. If the Affiliate disagrees with the monthly settlement report or amount payable, no payment for such amount should be accepted and a written notice of the disputed amount should immediately be sent to Devilfish Poker (affiliates@devilfish.com). Dispute notices must be received within sixty (60) days of the end of each period for which payment is made, or the Affiliate’s right to dispute such report or payment will be deemed waived.
5.4. The Affiliate bears the sole responsibility to report revenues and pay taxes (if applicable) to his or her local authorities. Devilfish Poker takes no responsibility whatsoever in relation to the personal income tax or other levies of the Affiliate due to the tax authority in his or her jurisdiction.
5.5 The minimum monthly payment is €100. Any commission due which amounts to less than €100 will be held until total commission in subsequent months amounts to €100.
6. TERM AND TERMINATION
6.1. This Agreement will take effect when you complete the Affiliate Sign-up Form, and will continue until terminated by either Party.
6.2. This Agreement is not limited in time and is extended for as long as both Parties fulfil their obligations and neither of the Parties has terminated the Agreement.
6.3. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via fax or e-mail to affiliates@devilfish.com.
6.4. This Agreement can be terminated by Devilfish Poker without any notice if you cease promoting Devilfish Poker services.
6.5. If this Agreement is terminated you should immediately remove all links, marks and logos etc from your website.
6.6. If the Agreement is terminated by Devilfish Poker without any reasons as per Clauses 6.7-6.9, Devilfish Poker will continue to pay commission for all earnings generated by existing Members who signed up before the effective date of termination.
6.7. If the Affiliate terminates this Agreement, Devilfish Poker will pay all commissions due at time of termination, but Devilfish Poker shall have no obligation to make any further payments of commissions to the Affiliate.
6.8. If the Affiliate’s Members fail to generate at least € 50 in gross rake for three (3) consecutive months Devilfish Poker may terminate this Agreement and shall have no obligation to make any further payments of commissions to you. The same applies if the Agreement is already terminated but commissions still paid according to 6.6.
6.9. Notwithstanding anything to the contrary contained herein, in the event Devilfish Poker determines, within its reasonable discretion, that the Affiliate has materially violated this Agreement, Devilfish Poker may in its sole discretion terminate this Agreement and confiscate all the Affiliate’s commissions and remaining funds on Affiliate’s account(s).
6.10 Devilfish Poker reserves the right to report all violations of paragraphs 2.1-2.23 to Entraction Network (former B2B Poker Network) which also reserves the right to close all your affiliate accounts within the Network and withhold all earnings and remaining funds on account(s).
7. RIGHTS AND OBLIGATIONS
7.1. Customers tagged to the Affiliate will remain tagged to the Affiliate as long as this Agreement is valid unless otherwise agreed between the Parties. If the ownership of Devilfish Poker changes, the obligations under this Agreement shall be honored by the new owners.
7.2. Devilfish Poker reserves the right to transfer its rights and obligations according to this Agreement to another party, after notice to the Affiliate. Such notice will be considered given after the Terms and Conditions for Affiliates have been updated on Devilfish Poker or written notice given to the Affiliate.
7.3. This Agreement and the rights and obligations hereunder may not be assigned by you without Devilfish Poker’s prior written consent.
7.4 All information, including but not limited to e-mail addresses, customer personal details, business and financial data and information, lists of customers shall be treated confidentially. These details must not be used for the Affiliate's own commercial or other purposes, nor communicated to any third party for any reason.
8. LIABILITIES
8.1. Devilfish Poker does and cannot guarantee that the system, network, software or hardware will be error free or operated without disturbances.
8.2. Devilfish Poker’s obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of Devilfish Poker or any related company or partner. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. Devilfish Poker’s 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.
8.3. You acknowledge that you have read this Agreement and agree to all its terms and conditions.
9. MISCELLANEOUS
9.1. Devilfish Poker reserves the right to modify any of the terms of this Agreement at any time, at our sole discretion, by either E-mailing you a change notice or by posting the new version of the Agreement on www.devilfish.com. 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. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following posting or notice of change will be deemed binding acceptance of the modification.
9.2. All notices pertaining to this Agreement shall be given to Devilfish Poker in written or by email. Notices intended for you will be sent to you at the email address provided in your Player Account.
9.3. The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the Parties hereto will be determined in accordance with the laws of Malta.
BY SUBMITTING THE SIGN-UP FORM YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you have any questions, please email to affiliates@devilfish.com