Before you can proceed with registration, please accept the terms and conditions below.
Please Read and Print for Future Reference
If you wish to participate in our Affiliate program, indicate your agreement todo so by clicking the "I Agree" button below. Additionally, byaccessing and utilizing any of the Victory Poker Affiliates' Marketing Tools oraccepting of any reward, bonus or commission whether contained in thisagreement or else where on our web site, you are deemed to have agreed to bebound by all the terms and conditions set out in this agreement. For purposesof clarity, the terms "we" and "us" refer to Victory Poker Affiliatesand "you" and "Member" refers to the other party to thecontract formed by the acceptance of these Terms and Conditions. The term"Merchant" is defined as any company that has contracted VictoryPoker Affiliates to promote their Site(s) and or products. The contractprovides you with the non-exclusive right to direct users("Visitors") from your site or sites to the Merchant's websites, inreturn for the payment of commissions and referral bonuses as specified below.
ENROLLMENT
To enrol please read this Agreement and then submit a complete Victory Poker AffiliatesMember Account application to us via our Web site. We will evaluate yourapplication and notify you whether your application was accepted. Yourapplication will be rejected if we determine, in our sole discretion, that yoursite is unsuitable for any reason, including but not limited to, sites that areunder construction, aimed at children, promote sexually explicit materials,promote violence, promote discrimination based on race, sex, religion,nationality, disability, sexual orientation, or age, promote illegalactivities, or violate intellectual property rights.
MEMBER AGREEMENT
During the term of this arrangement (which shall commence when you indicateyour acceptance in the manner specified above, and shall end when either you orwe notify the other, by email, of the termination of this Agreement), you shalldisplay a banner or banners provided by Victory Poker Affiliates on your site(the "Member site") as a hyperlink to direct Visitors from the MemberSite to the Merchant's Sites, using distinct URLs supplied by Victory Poker Affiliatesexclusively for linking (the "Supplied Banners").
The Merchant's banners shall be displayed at least as prominently as any othersales link on the Member site, and if the Member displays or makes accessibleto Visitors descriptive information regarding any vendors whose banners aredisplayed on the Member site, the Member shall, subject to Victory Poker Affiliates'prior written approval of the content thereof, include similar descriptiveinformation regarding the Merchant's Site(s).
The relationship specified in this Agreement is non-exclusive for both parties;therefore, the Member shall be entitled to display the banners of, and providelinks to, sites of other companies through the Member site, and Victory Poker Affiliatesshall be entitled to make the Merchant's banners available through online andother services than the Member site.
DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL
As a Member, you will have access through Victory Poker Affiliates' site to avariety of graphic and textual links (each of these links sometimes beingreferred to herein as "Links" or, individual, as a "Link".)
Victory Poker Affiliates and the Merchant hereby grants to the Member thenon-exclusive, non-transferable, non-assignable (except as provided below)rights, during the term of this Agreement, to use (which shall include theright to copy, transmit, distribute, display and perform both privately andpublicly):
Victory Poker Affiliates' and the Merchant's banners, name, site name, andother related textual and graphic material are made available by Victory Poker Affiliatesand/or the Merchant to the Member for the express purpose of inclusion on the Member'ssite from time to time (collectively, the "Merchant's Material") andfor the specific purposes authorized above. Victory Poker Affiliates and theMerchant authorize the Member to advertise and promote their respectivepromotional material. The copywriting of promotions may not be modified normisrepresented by the Member.
Victory Poker Affiliates and the Merchant also authorizes the Member to refer,in the Member's advertising and promotions, to the fact that the Victory PokerAffiliates and Merchant's sites are accessible through the Member site,provided that any such statement:
(a) does not include any trademarks, service marks, design marks, symbolsand/or other indicia of origin of Victory Poker Affiliates or the Merchantother than Victory Poker Affiliates or the Merchant's Site(s) name and/or sitenames in a non-distinctive typeface (specifically, not the typeface used in thelogo design of any of Victory Poker Affiliates' or the Merchant's mark);
(b) does not state, suggest, or imply, by the wording or prominence of suchstatement or otherwise, that the Merchant sponsors, authorizes, and/or is thesource or origin of the Member site; and (c) does not disparage Victory PokerAffiliates or the Merchant, its products, services, or members. All use of the VictoryPoker Affiliates or Merchant's Materials hereunder shall inure to the benefitof the Merchant and shall not create any rights, title or interest in them forthe Member. No other use of the Victory Poker Affiliates or Merchant's names,trademarks, service marks, design marks, symbols and/or other indicia of originor other designations confusingly similar to any of the foregoing may be madeby the Member for any purpose without the prior written approval of VictoryPoker Affiliates or the Merchant.
As between the Merchant and the Member, the Merchant owns, and shall continueto own exclusively, all right title and interest (including without limitation,all rights provided under the law of copyright and trademark) in and to theMerchant's Materials and all names, trademarks, service marks, design marks,symbols and/or other indicia of origin therein throughout the world and inperpetuity, subject to the permissions granted in this Agreement.
MAINTAINING THE LINKS
You agree to fully cooperate with us in order to establish and maintain theLinks between Your Site and the Victory Poker Affiliates Site or the Merchant'sSite(s). The maintenance and updating of Your Site will be your responsibility.The graphics and/or text associated with the Links to the Victory PokerAffiliates Site or the Merchant's Sites will be updated periodically and itwill be necessary for you to update the content of Your Site accordingly on aregular basis. Please be aware that we have the right to monitor Your Site atany time to determine if you are following the terms and conditions of thisAgreement and to notify you of any changes to Your Site that we feel should bemade.
COMMUNICATION TO MEMBERS
By signing up to Victory Poker Affiliates you agree to receive a variety ofmaterial from Victory Poker Affiliates. If you choose to opt out of ourcommunications Victory Poker Affiliates and its Merchants will not beresponsible for any damages that may occur from members opting out ofcommunications.
SPAM - WE DO NOT CONDONE SPAM
Promotional emails
You maynot advertise with the use of spam emails. Furthermore, all promotional emailsrelating to Victory Poker Affiliates and partner cardrooms must comply with thefollowing guidelines:
Compliancewith the CAN-SPAM Act: Your email marketing practices must comply with allfederal, state and local laws concerning email marketing, including but notlimited to the United States CAN-SPAM Act of 2003 (Public Law 108-187), whichincludes but is not limited to:
• Youshall not mislead the consumer with non relevant, inaccurate or ambiguoussubject lines;
• Youshall not falsify the email "From" address or attempt to hide one'sidentity
• Youshall include a true name in "From" line and not a sales pitch ormarketing message
• Youshall use a reply address that will be active for at least thirty days aftersending the email
• Youshall include a physical business address
• Youmust not prevent customers from removing themselves from your list
• Youmust provide an adequate, functioning and conspicuous “opt-out” or“unsubscribe” option in every email message
• Youmust honour “opt-out” requests within ten (10) days or before executingadditional email campaigns to that user.
LawfullyObtained Lists: You must not send email to any email addresses which are notlawfully obtained and do not conform with the following:
• ConfirmedOpt-In: The email recipient explicitly provides permission to have his emailaddress placed on a mailing list, the email sender sends the email recipient aconfirmation email, and the email recipient confirms his permission by emailingback or by visiting an operator-provided URL. Once email recipient has doubleopted-in, mailing list emails may include promotional or informational emailsand unpaid or paid newsletters. Single Opt-in confirmations should not includepromotional material.
• Oneto One: The email recipient has a pre-existing business relationship with themailing list operator where the consumer has consented to receive emailscontaining individualized content specific to the consumer’s business accountwith the company, such as e-statements, e-bills, travel itineraries,transaction confirmations, etc.
• Noticeof Affiliation with https://www.victorypokernetwork.com: You must include thefollowing copy in every email message “Please note that you have received thisemail from an affiliate marketer of https://www.victorypokernetwork.com. If you feel that thisreceived email in error, please immediately report this affiliate by forwardingthis entire email message with heading "spam alert" to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . In addition, you canenter your email address into an opt-out list to prevent receiving emails from https://www.victorypokernetwork.com.
Pre-ApprovalBy https://www.victorypokernetwork.com: At least 3 days prior tosending the email, you must submit to us for our approval, the text, the sourceof the email list (which must be lawful and compliance to the Terms of thePromotional emails) as well as the domain name and IP address which you intendto send the emails from. Unless it is approved by us, you are not allowed tosend the emails. Furthermore, we shall have the right to have our designatedemail addresses added to the list.
GOOD FAITH
You will not knowingly benefit from known or suspected traffic not generatedusing accepted Internet marketing practices whether or not it causes VictoryPoker Affiliates or the Merchant harm. Should fraudulent activity, knowingly orotherwise, arise from a person directed to Merchant's site via your link, weretain the right to retract the commissions paid to you at any time. Ourdecision in this regard will be final and no correspondence will be enteredinto. We reserve the right to retain all amounts due to you under thisAgreement if we have reasonable cause to believe that such traffic has beencaused with your knowledge.
COMMISSION AND REFERRAL BONUS
You shall be entitled to a commission as outlined in the merchant’s terms andconditions. Victory Poker Affiliates does not process your payments forcommissions this is the responsibility of the merchant.
MEMBER REWARD PROGRAMS
To participate, you must be an active Member in good standing with VictoryPoker Affiliates. Members participating in any reward program agree to be boundby the decisions of Victory Poker Affiliates, which will be final and bindingin all respects. All interpretations of the Rules and decisions by VictoryPoker Affiliates are final.
Victory Poker Affiliates reserves the right to terminate any and all MemberRewards programs for any reason, including, but not limited to, if for anyreason the Rewards Program is not capable of running as planned or if theadministration, security, fairness, integrity, or proper conduct of the RewardsProgram is corrupted or adversely affected, including by reason of infection bycomputer virus, bugs, tampering, unauthorized intervention, fraud, technicalfailures, or any other causes beyond Victory Poker Affiliates ' control. VictoryPoker Affiliates reserves the right to cancel, terminate, modify or withdrawthe Reward Program without prior notice and without liability to the Member.
All taxes, fees, and surcharges, if any, on Rewards are the sole responsibilityof the prize-winner. Acceptance of a prize constitutes permission for VictoryPoker Affiliates and its advertising and promotional agencies to use therecipients name, photograph and/or likeness for advertising and promoting andpublicizing the services of Victory Poker Affiliates in any medium without compensation,unless otherwise prohibited by law.
Members release and hold harmless Victory Poker Affiliates and their Merchantsand their respective members, subsidiaries, directors, officers, agents,employees, and all others associated with the development and execution of theReward program from any and all liability with respect to or in any way arisingfrom the Reward program and the awarding, use or misuse of the prize, includingliability for personal injury or damage to property including any injury ordamage to Member's or any other person's computer.
CONFIDENTIAL INFORMATION
As used herein, "Confidential Information" shall mean all oral orwritten information, of whatever kind and in whatever form, relating to past,present or future products, software, research, development, inventions,processes, techniques, designs or other technical information and data, andmarketing plans (including such information of third parties that a partyhereto is obligated to hold as confidential), provided that such informationhas been reasonably identified as or could be reasonably considered to beproprietary or confidential, that either party:
(a) may have received prior to the date of this Agreement, whether directlyfrom the other or indirectly from third parties; or (b) may receive hereunderfrom the other.
Each party agrees that, with respect to its receipt of Confidential Informationof the other party, it shall:
(i) use the same care and discretion to prevent disclosure of such ConfidentialInformation as it uses with similar Confidential Information of its own that itdoes not desire to disclose, but in no event with less than a reasonable degreeof care;
(ii) accept such Confidential Information and use such Confidential Informationonly for the purposes permitted hereunder; and
(iii) restrict disclosure of Confidential Information solely to those of itsemployees and agents who have a need to know and are obligated not to disclosesuch Confidential Information to any third parties.
The foregoing restrictions shall not apply to information that:
(a) is or hereafter becomes part of the public domain through no wrongful act,fault, or negligence on the part of the recipient;
(b) the recipient can reasonably demonstrate is already in its possession andnot subject to an existing agreement of confidentiality;
(c) is received from a third party without restriction and without breach ofthis Agreement;
(d) was independently developed by the recipient as evidenced by its records;and
(e) the recipient is required to disclose pursuant to a valid order of a courtor other governmental body; provided, however, that the recipient shall firsthave given notice to the disclosing party and shall give the disclosing party areasonable opportunity to interpose an objection or obtain a protective orderrequiring that the Confidential Information so disclosed be used only for thepurposes for which the order was issued. The termination of this section 4shall survive the termination of this Agreement.
LIABILITY
The Member acknowledges that Victory Poker Affiliates does not advocate orendorse the purchase or the use of any services offered by the Merchant throughthe Merchant's sites or through its software, nor does it guarantee thequality, fitness, or results of any such service or compliance with any law orregulation. The Merchant represents and warrants that:
(a) The Merchant has the right to enter into this Agreement and to grant therights and licenses granted herein; and
(b) The Merchant's software, and the reproduction, distribution, transmission,public performance and public display of the Merchant's Material in connectionwith the Member site, do not:
(i) invade the right of privacy or publicity of any third person; or
(ii) contain any libellous, obscene, indecent or otherwiseunlawful material.
The Member represents and warrants that:
a. the Member has the right to enter into this Agreement;
b. the Member site does not, and the reproduction, distribution, transmission,public performance and public display of the Member Materials as permittedherein, do not:
(i) invade the right of privacy or publicity of any third person,
(ii) contain any libellous, obscene, indecent or otherwise unlawful material,or
(iii) infringe any patent, copyright or trademark right in any jurisdiction;and
c. the Member has received no notice of such invasion, violation orinfringement of rights.
TERM AND TERMINATION
The term of this Agreement will begin when you download a banner and link it toour site or the Merchant's Site(s) and will be continuous unless and untileither party notifies the other in writing that it wishes to terminate theAgreement, in which case this Agreement may be terminated immediately.TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes ofnotification of termination, delivery via e-mail is considered a written andimmediate form of notification. Upon termination:
* You must remove the Victory Poker Affiliates or Merchant'sbanner/s from your site and disable any links from your site to ours andtheirs.
* All rights and licenses given to you in this Agreementshall immediately terminate.
* You will be entitled only to those unpaid referral fees,if any, earned by you on or prior to the date of termination. You will not beentitled to referral fees occurring after the date of termination.
* If you have failed to fulfil your obligations andresponsibilities, we will not pay you the referral fees otherwise owing to youon termination.
* We may withhold your final payment for a reasonable timeto ensure that the correct amount is paid.
* If we continue to permit activity (generation of revenue)from customers after termination, this will not constitute a continuation orrenewal of this Agreement or a waiver of termination.
* You will return to us any confidential information, andall copies of it in your possession, custody and control and will cease alluses of any trade names, trademarks, service marks, logos and otherdesignations of our Merchants.
* You and we will be released from all obligations andliabilities to each other occurring or arising after the date of suchtermination, except with respect to those obligations which by their nature aredesigned to survive termination, as set out in this Agreement. Termination willnot relieve you from any liability arising from any breach of this Agreementwhich occurred prior to termination.
WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THATYOUR SITE IS UNSUITABLE.
Victory Poker Affiliates may from time to time review affiliates’ participationin the program. Victory Poker Affiliates may choose to cancel an affiliate’sparticipation in the program, at its absolute discretion, if it reasonablybelieves the affiliate to have behaved in such a manner contrary to the termsor intent of the program.
Unsuitable sites may include those that: are aimed at children, promotesexually explicit materials, promote violence, promote discrimination based onrace, sex, religion, nationality, disability, sexual orientation, or age,promote illegal activities, or violate intellectual property rights.
RISK ALLOCATION
Neither party will be liable to the other party (nor to any person claimingrights derived from the other party's rights) for incidental, indirect, consequential,special, punitive or exemplary damages of any kind -- including lost revenue orprofits, loss of business, or loss of data -- arising out of this Agreement(including without limitation as a result of any breach of any warranty orother term of this Agreement), regardless of whether the party liable orallegedly liable was advised, had other reason to know, or in fact knew of thepossibility thereof.
ACKNOWLEDGEMENT OF NO WARRANTY
Except as expressly provided herein, neither party warrants that theirrespective websites will perform in the manner expected or withoutinterruption, error, or defect, or that any revenue to either party will resultfrom the activities contemplated by this Agreement. Except as expressly setforth in this agreement, neither party makes any warranties of any kind,express or implied, including warranties of merchantability or fitness for aparticular purpose or warranties against infringement of any intellectualproperty rights not specifically enumerated.
ASSIGNMENT
Except as otherwise provided herein, neither Victory Poker Affiliates nor theMember may assign this Agreement or any of its rights or delegate any of itsduties under this Agreement, without the prior written consent of the other.Any purported assignment or delegation without such required consent shall benull and void.
GOVERNING LAW
This Agreement, its interpretation, performance or any breach thereof, shall beconstrued in accordance with, and all questions with respect thereto shall bedetermined by, the internal substantive laws of Canada.
SINGLE ACCOUNT
The Member agrees to operate a single Member site with the Merchant's Site(s).If Victory Poker Affiliates should discover, using information it deemsappropriate in the circumstances, that the Member is operating more than oneMember account, this Agreement shall terminate and the Member will forfeit allrights to commissions and referral bonuses. Several sites may be registered tothe one account; however, the placement of any site banner on a new site, underthe Victory Poker Affiliates Members Program, MUST be reported by the Memberand cleared by the Victory Poker Affiliates Support Team beforehand, andfailure to do so may result in the termination of the Member's account. TheMember will also forfeit all rights to commissions and referral bonuses.
INDEPENDENT CONTRACTORS
Victory Poker Affiliates and the Member are independent contractors under thisAgreement, and nothing herein shall be construed to create a partnership, jointventure, or agency relationship between Victory Poker Affiliates and theMember. Neither party has the authority to enter into Agreements of any kind onbehalf of the other party.
DISCLAIMER
It is the Member's responsibility to declare taxes from their Member's profits,according to their country's regulations. It is the merchant’s responsibilityto pay its members and Victory Poker Affiliates will not be held responsiblefor the actions of its merchants in regards to the payment of its members.
Victory Poker Affiliates is also not responsible for the way cookies aretracked on the Merchants site or on the member’s site. The maintenance of thecookie/tracking code is the responsibility of the Merchant. Victory PokerAffiliates is strictly a housing software that displays the results of thetracking for its members.
WAIVER
No waiver of any breach of any provision of this Agreement shall constitute awaiver of any prior, concurrent or subsequent breach of the same or any otherprovisions hereof, and no waiver shall be effective unless made in writing andsigned by an authorized representative of the waiving party.
MODIFICATIONS
Victory Poker Affiliates may modify any of the Terms and Conditions set forthin this Agreement by posting the modified Terms of Use at: http://www.ohkwaho.comor at another site it chooses, and by notifying the Member of the modificationsvia email notice.
Modifications may include, for example, changes in the scope of availablereferral fees, fee schedules, payment procedures and referral program rules. IFANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATETHIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OURPOSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDINGACCEPTANCE OF THE CHANGE.