Affiliate Program Agreement
This Agreement contains the complete terms and conditions that apply to the Doyle’s Room Affiliate Program. DoylesRoom.com offers the Affiliate the opportunity to promote www.DoylesRoom.com in return for a commission based on each referred customer.
Where used in this Agreement, references to:
- "you" "your" and/or "Affiliate" mean the individual or entity which applied as the "Beneficiary" for payment purposes on our sign up form as submitted at our Web Site ("Affiliate Sign Up Form")
- "we", "our", "us" means DoylesRoom.com, powered by DBPN (Doyle Brunson Poker Network), a company incorporated and licensed in Curacao, Netherlands Antilles .
Execution by you of this Agreement as set forth below constitutes your acceptance of the terms and conditions of this Agreement, and will be a legally binding agreement between you and us.
- Affiliate Program Application and Enrollment.
To become an Affiliate you will have to submit a completed Affiliate Program Form located at http://doylesroomaffiliates.com/signup.aspx. We will evaluate your application and notify you of your acceptance. We may reject your application if we determine, in our sole discretion, that your Web Site is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content on your Web Site that we deem is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence, (iv) politically sensitive or controversial issues or (v) any unlawful behavior or conduct. Similarly, we shall reject your application if we determine, in our sole discretion, that Your Site is designed to appeal to minors. If we reject your application; you are welcome to reapply to the Affiliate Program at any time.
- The Affiliate's Responsibilities.
The Affiliate agrees to be responsible for the development, marketing, and maintenance of their Web Site and for all content that appears on their Web Site. The Affiliate will be responsible for: (i) the technical operations of their Web Site, including all related hardware and software; (ii) the marketing and advertising of their Web Site, including all costs to promote DoylesRoom.com; (iii) ensuring that all materials posted on their Web Site do not violate or infringe upon the rights of any third party; (iv) ensuring that materials posted on their Web Site use the correct tracking code and are kept up to date; (vi) ensuring that all keyword bids do not use the DoylesRoom.com trademark in the title, description, or link; (v) and ensuring that all e-mail campaigns comply with the Federal Trade Commission’s CANSpam Act. DoylesRoom.com disclaims all liability for these matters and the Affiliate agrees to indemnify and hold harmless DoylesRoom.com from all claims, damages, and expenses relating to the development, marketing, and maintenance of the Affiliate's Web Site.
- Commissions.
Affiliates will be compensated in accordance with the Program Details posted here:http://doylesroomaffiliates.com, which may be altered from time to time without notice. Affiliate agrees to periodically review the Program Details for any changes, which are effective immediately upon posting. Commissions are subject to proper technical specification with the burden of error placed on the Affiliate. Affiliate will be compensated with a commission or referral fee according to the terms of this Agreement. Affiliate’s payouts will be debited for cancelled “referral” subscriptions. Affiliates will receive no commission for activity determined to be fraudulent by us, including but not limited to credit card numbers in a negative bin number data base, multiple subscriptions from a single email address, subscriptions with the same credit card number, sequential names or patterns of names, many subscriptions from a specific Web Site in a short time span, and multiple attempts to subscribe from the same credit card. We will also deny commission for any links coming from any practices that violate the Acceptable Use Policy. An Affiliate found to be engaging in such actions will not receive any credit or payment and will forfeit any and all credit or payment earned. Affiliates agree that DoylesRoom.com, in its sole discretion, may deny or withhold payment and terminate the Affiliate Site due to suspicious behavior, including but not limited to, numerous charge backs or subscription cancellations.
- Affiliate Commissions.
We will deposit to your affiliate account balance the affiliate commissions on the first week of each calendar month based on your player’s activity on the previous calendar month. Payments will be issued by requesting ‘Withdraw’ from the ‘Cashier’ after logging into the corresponding affiliate account.
- Tracking and Cookies.
Tracking - We promise to do our best to ensure accurate tracking of referrals made by the Affiliate. You hereby acknowledges and accepts that the tracking system employed by us is not 100% fail-safe, and that there may be, on occasion, instances of referrals made that are not credited to the Affiliate for any of the possible reasons: (i) failure by the Affiliate to use proper format of the assigned Affiliate URL in promotions, Web Site links, banner ads, and so on; (ii) deliberate or accidental actions by Players to circumvent the Affiliate's URL so that the software is unable to accurately track that referral; (iii) bugs, glitches, or crashes of the tracking software that render it unable to accurately track sales for a period of time; (iv) acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information. As such, the Affiliate will not hold DoylesRoom.com liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software. Cookies – We agree to pay commissions after the Player has re-entered the Our Web Site through the use of a cookie placed on the end-user computer. If, through no fault of DoylesRoom.com, the cookie is removed or not allowed by the end user, that Player may be tracked only if the Player contacts our Customer Services representatives informing us the Web Site name where he was referred.
- Non-Exclusive Limited License and Use of DoylesRoom Enterprises Logos and Trademarks.
We grant you a non-transferable, non-exclusive, revocable license to place the Links on your Web Site during the term of this Agreement, and solely in connection with the Links, to use our logos, trade names, trademarks, service marks and similar identifying material (collectively, "Licensed Materials"), solely for the purpose of promoting Our Site. You are not permitted to alter, modify or change the Licensed Material in any way whatsoever. You may not use any Licensed Materials for purposes other than promoting Our Site, without first submitting a sample of such use to us and receiving our prior written consent. You are not permitted to use the Licensed Materials in any manner that is disparaging or that otherwise portrays DoylesRoom.com or anyone else negatively. We reserve all of our rights in the Licensed Materials and all other intellectual property rights. We may revoke your license at any time by written notice to you. You acknowledge that, except for the license expressly granted in this Agreement, you have not acquired and will not acquire any right, interest or title to the Links or the Licensed Materials by reason of this Agreement or through the exercise of any rights in the Links or the Licensed Material granted to you under this Agreement. This license shall terminate upon the termination of this Agreement.
- Obligations Regarding Your Web Site.
You will be solely responsible for the technical operation of your Web Site and the accuracy and appropriateness of materials posted on your Web Site. You agree that your Web Site will not, in any way, copy or resemble the look and feel of Our Site nor will you create the impression that your Web Site is Our Site or any part of Our Site. You also agree that your Web Site will not contain any content of Our Site or any materials which are proprietary to DoylesRoom.com, except (i) with our prior permission, or (ii) materials obtained by you via the Affiliate Program information Site in accordance with the provisions hereof or the policies or instructions therein. You will indemnify and hold DoylesRoom.com harmless from all claims, damages, and expenses (including, without limitation, attorney's fees and expert witness fees) relating to the development, operation, maintenance, and contents of your Web Site or any materials, products or services linked to therein. You hereby acknowledge that your conduct as an Affiliate shall reflect on DoylesRoom.com and has the potential to cause substantial damage to DoylesRoom.com reputation and goodwill and that you shall at all times consider the goodwill and reputation of DoylesRoom.com.
- Term.
The term of this Agreement will begin upon your acceptance to the Affiliate Program and will end when terminated by either Party. At any time, either Party may immediately terminate this Agreement, with or without cause, by giving the other Party written notice of termination, where such notice may be served via fax or e-mail. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your Web Site, all Links and Licensed Materials and any other names, marks, symbols, copyrights, logos, designs, or other proprietary designations or properties owned, developed, licensed or created by us and/or provided by or on behalf of us to you pursuant to this Agreement or in connection with the Affiliate Program. Following the termination of this Agreement and our payment to you of all commissions due at such time of termination, we shall have no obligation to make any further payments of commissions to you.
- Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and our sole discretion. Posting on our Affiliate Program information Site of a change of terms notice or a new agreement is considered sufficient provision of notice and such modifications shall be effective as of the date of posting. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your sole recourse is to terminate this Agreement and your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our Web Site will constitute binding acceptance of the change. Due to the above, we advise you to frequently visit the Affiliate Program information Site.
- 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 Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
- Relationship of Parties.
You and DoylesRoom.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
- Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program or any products or other items sold through the Affiliate Program (including without limitation warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Web Site will be uninterrupted or error-free, and will not be liable for the consequences of any interruptions or errors.
- Representations and Warranties.
You hereby represent and warrant to us the following: (i) this Agreement has been duly and validly executed by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; (ii) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; and (iii) you are an adult of at least 18 years of age (or 21 years of age if local laws apply).
- Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Affiliate Program, which information we consider to be confidential (herein referred to as "Confidential Information"). Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if the same is required by law or legal process.
- Indemnification.
Subject to applicable law, the Affiliate hereby agrees to indemnify, hold harmless, and defend DoylesRoom.com, its agents, officers, directors, shareholders, employees, advisors, and independent contractors, or anyone else who has been involved in the creation, production, or delivery of the Program or any of the products/services sold through the Program that are the subject of this Agreement from any and all claims and/or legal action without limitation, resulting from his/her use, or inability to use the Program which damages the Affiliate or another party. This indemnification shall survive the termination of this Agreement.
- Entire Agreement.
The provisions contained in this Agreement constitute the entire agreement between the parties with respect to the subject matter of this Agreement, and no statement or inducement with respect to such subject matter by any Party which is not contained in this Agreement shall be valid or binding between the Parties.
- Independent Investigation.
You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors if you so desired, 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 competitive with your Web Site. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
- Miscellaneous.
This Agreement shall be governed by and construed in accordance with the laws of Curacao , Netherlands Antilles applicable therein. 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 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.