This Affiliate Program Operating Agreement contains the terms and conditions that govern your participation in the VideoPoker.com Affiliate Program.
BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED OPERATING AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE SITE, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS OPERATING AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
1) Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
2) 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 this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and 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 WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3) 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 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 referral fees paid or payable to you under to this Agreement.
4) 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 referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
5) SPAM: Videopokeraffiliate.com has a zero tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately suspended while the company, in their sole discretion, determines if the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed you.
6) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Nevada without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Las Vegas, NV, and you irrevocably consent to the jurisdiction of such courts. Any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled by binding arbitration by the American Arbitration Association under its Commercial Arbitration Rules. All hearings in connection with any such arbitration shall be held in Las Vegas, Nevada and the arbitration shall be governed by the laws of the State of Nevada. Judgment on the award rendered by the arbitrator (s) may be entered in any court having jurisdiction thereof.
7) Referral Commissions and Payments Procedures: The amount of referral commissions due to affiliates will be as follows:
For an online sale, which we make as a result of a direct link from the affiliate’s website, that affiliate will receive a commission fee of the selling price of the service or product sold . This is known as a referral commission.
Videopokeraffiliate.com will pay Affiliates thirty days (30) after the end of each calendar month for all commissions earned during the prior month, less any taxes we may be required to withhold, and less any amount Videopokeraffiliate.com determines, in its sole discretion, was not validly earned from proper use of the link on affiliate’s web site.
A commission will only be credited to an affiliate after the customer has made full payment to company. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer’s account, any commissions that were credited to affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Videopokeraffiliate.com in full for any such commissions.
Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate. Affiliates must have accumulated commissions of at least $100 before a payment will be issued. If commissions are less than $100 for a given month, the commissions will be held over till the next month. This will continue until the commissions accumulate to more than $100.
8) Tracking of Sales: Videopokeraffiliate.com will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. Videopokeraffiliate.com will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales.
Notwithstanding the above statement of responsibility by Videopokeraffiliate.com to track sales, affiliates hereby acknowledge and accept that the tracking system employed by Company is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:
- Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on
- Deliberate or accidental actions by customers to circumvent an affiliate’s special URL so that our software is unable to accurately track that sale Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time Acts of nature that cause irretrievable data loss on the computers and back-up disk media.
9) Exclusivity: Subject to the terms and conditions set forth above, we shall be the exclusive provider of training and rehabilitation equipment on your site. You agree that you will not (directly or indirectly) allow any other person or entity to sell such equipment on your site or link their site to yours in connection with the sale of such equipment. This agreement does not prevent an Affiliate from selling/fulfilling its own proprietary equipment on its site or from accepting paid advertising from other equipment providers. However, both such actions are not to occur on any page that has Videopokeraffiliate.com links or banners appearing.
10) Restriction on framing Videopokeraffiliate.com pages on affiliate sites: Affiliates will not, in any way, frame Videopokeraffiliate.com site content within an affiliate domain. In other words, affiliates are not allowed to “pull in” any Videopokeraffiliate.com page content. All affiliate links must direct purchasers to the Videopokeraffiliate.com website. Unless Videopokeraffiliate.com has given the rights to do so.
11) Our Responsibilities: We will be responsible for providing all information necessary to allow you to make appropriate Links from Your Site to Our Site. We will be solely responsible for processing every Videopokeraffiliate.com order placed by a customer following a Link from Your Site, for tracking the number and amount of sales generated by the Link from Your Site, and for providing information to you regarding sales statistics. Also, we will be responsible for credit card authorizations, payment processing, cancellations, returns, and related customer service, it being understood that such activities shall be for our account.
12) Taxes: You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, Videopokeraffiliate.com does not with hold taxes, but holds the rights to report your earnings, if asked by the tax authorities in you country or region.
13) Enrollment in the Program: To begin the enrollment process, you will submit an application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Your site should:
- Generate sufficient traffic to our websites
- Attract a customer base who may be interested in our products
- Not promote sexually inappropriate materials
- Not promote violence
- Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Not promote illegal activities
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
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 be enforceable against the parties and their respective successors and assigns. 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.