Plum Gaming Affiliate Portal

Affiliate Sign-up Form For

Affiliate/Company Name*:

First Name*:

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Address (line 2):

Address (line 3):

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Terms of Service

AFFILIATE TERMS AND CONDITIONS

1. Introduction

The Plum Gaming Affiliate Program is the name used for an affiliate program operated by Plum Gaming on behalf of the properties participating in the hereinafter-explained affiliate program.

Once accepted by you, these terms and conditions (the "Agreement") constitute a legally binding agreement between:

� You, the Affiliate;

� Plum Gaming LTD

This Agreement contains the complete terms and conditions concerning your membership and participation in the Plum Gaming Affiliate Program. You may become an affiliate of a property participating in the Plum Gaming Affiliate Program by satisfying the following: (i) agreeing to be bound by the terms and conditions herein contained, (ii) agreeing to be bound by the terms and conditions as established by the property you wish to affiliate with, (iii) establishing a unique user name and password, and (iv) setting up a tracking mechanism through Plum Gaming Affiliate Program that will permit us to track user traffic that you have generated to the affiliated property.
If you have any queries or questions in relation to this Agreement or any other matter related thereto, you may contact us at affiliates@plumgaming.com. In this Agreement a reference to us, we, our, is a reference to Plum Gaming LTD and includes any of its parent, holding, subsidiary and operating companies.

BY CREATING A LINK TO A PROPERTY PARTICIPATING IN THE PLUM GAMING AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT INCLUDING THE LIMITED WARRANTIES AND LIMITATIONS AND EXCLUSIONS OF LIABILITY CONTAINED IN IT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT UNDERTAKE THE STEPS DESCRIBED ABOVE AND DO NOT CREATE A LINK TO A PROPERTY PARTICIPATING IN THE AFFILIATE AGREEMENT.

2. Our Rights and Obligations

2.1 Register your Referrals

The term "Referred User" refers to a user who satisfies the following (i) is a new end user who originates from your web site, e-mail newsletter or other method, (ii) uses the link set up through the Plum Gaming Affiliate Program site to connect to a property participating in the Plum Gaming

Affiliate Program and registers with that property, and as a result of registration with the property.

2.2 Track Customers' Play

We will track the Referred User's play and will make available periodic reports summarizing their activity. The form, content and frequency of the reports may vary from time to time. We will use commercially reasonable efforts to provide you with remote online access to reports of Referred User activity and the Commissions generated.

2.3 Commission

"Commission" is defined as the fee paid to Affiliates based on a percentage of Net Gaming Revenue which shall constitute an aggregate of the rake, tournament fees and any Net Win from a Referred User, less any and all applicable adjustments, chargebacks, charges, dormancy fees, poker promotions, transfers and bonuses. "Net Win" is defined as the Referred User's losses from wagering, less Referred Users winnings (including jackpot winnings up to � 5,000). If Net Win is in a negative position that negative amount will NOT be recovered from you and at the beginning of each month any negative position will be set at zero.
Commissions will be paid within the first seven working days of the month for activity from the previous month.

We reserve the right to modify our methods of calculating Commissions from time to time, as we deem necessary.

3. Your Rights and Obligations

3.1 Limitation on Advertising

You may create a link to a property participating in the Plum Gaming Affiliate Program only in accordance with the rules and conditions established by that particular property and us. You shall not refer to a property participating in the Plum Gaming Affiliate Program or us in any promotional materials. You shall not engage in spamming and must at all times practice "Netiquette", this includes any attempt to spam a player through the chat functionality in the Plum Gaming chat facility. You shall not earn Commissions from Referred Users generated in bad faith, or arising from unauthorized advertising or promotion. In the event that we determine that you have engaged in any form of unauthorized advertising or promotion, or engaged in any unlawful or bad faith activities (regardless of whether you had knowledge of the same), we reserve the right to take various actions including withholding Commissions and immediately terminating this Agreement. The use of domain names or any bid made by you to any Internet search engine, on keywords including, without limitation, Plum Gaming trademarks or words that are confusingly similar, shall be considered to be a breach of the good faith provisions contained in this clause 3.1.

3.2 Plum Gaming Affiliate Program Guidelines

As part of Plum Gaming's efforts to maintain the integrity of Plum Gaming, all websites deemed a copy of any of the core properties including and not limited to the sites below will be asked to remove all suspect/plagiarized content:

� www.plumgaming.com

As part of Google's SEO guidelines and keeping with Plum Gaming's online marketing strategy, any websites seen to be copying content from the above property will be given a written warning/notice to update their website so it no longer is seen as a copy of one of Plum Gaming and appears to be a non-biased representation of the Plum Gaming brand. A copy will be classed as having enough similar content to jeopardize Plum Gaming's site in any one of the search engines and can be as little as 15% copied content.
Should the copy not be updated within 5 working days, your account will be suspended pending review of the situation.
Adhering to these rules will not only help prevent malicious activity on the Plum Gaming brand, but will also prevent any future attempt at plagiarizing the Plum Gaming website as well as help protect your website as an affiliate of Plum Gaming from any unwanted scrutiny from Google and the various other search engines who watch copied, plagiarized content quite closely.
We will also not tolerate any websites who are seen to be copying others in a similar manner as shown above and will deal with these accordingly.

3.3 Non-exclusive Arrangement

We hereby grant you the non-exclusive non-transferable right to direct users to properties participating in the Plum Gaming Affiliate Program in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege. You shall have no claims or entitlement to Commissions or other compensation due to other persons, entities or web sites.

3.4 Not an Agency Relationship

Your participation in the Plum Gaming Affiliate Program does not constitute an agency relationship and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship. You have no authority to make or accept any offers, representations, warranties or covenants on our behalf or on behalf of the properties participating in the Plum Gaming Affiliate Program.

3.5 Approved Banners

You will only use approved banners and icons found on the Plum Gaming Affiliate Program site and will not alter their appearance, except with our prior written approval. The appearance and syntax of the hypertext transfer link are designed and designated by us and constitute the only authorized and permitted representation of a partner participating in the Plum Gaming Affiliate Program. You may not link to any property participating in the Plum Gaming Affiliate Program in any way except as expressly permitted under this Agreement.

3.6 Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your web site and for all content that appears on your web site, including but not limited to ensuring that all content on your web site complies with all applicable laws. We shall not be liable for any loss or damage caused or suffered by anyone in connection with your activity, and we disclaim all liability for such loss or damage. Further, you agree to fully indemnify and hold us and the properties participating in the Plum Gaming Affiliate Program harmless from all claims, damages, costs and expenses (including, without limitation, legal fees and expenses) relating to your activity.

3.7 Unsuitable Web Sites

WE MAY TERMINATE THIS AGREEMENT AND PREVENT ACCESS BY YOU AND YOUR USERS INCLUDING REFERRED USERS IF WE DETERMINE IN OUR SOLE DISCRETION THAT YOUR WEB SITE OR ACTIVITY IS UNSUITABLE.

Unsuitable sites include, but not limited to, those that: display child pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability or sexual orientation, promote illegal activities, violate intellectual property rights or promote abuse of internet casino games and promotions.

3.8 Permission to use Trademarks

We have the right to hereby grant you permission to use the trademarks of the properties participating in the Plum Gaming Affiliate Program for the duration of this Agreement. You acknowledge that you are not receiving any interest in any trademark of a property participating in the Plum Gaming Affiliate Program other than as stipulated in this Agreement. You shall not assert the invalidity, unenforceability, or contest the ownership of any trademark in any action or proceeding, and shall not take any action that may prejudice our or our licensor's rights in the said trademark, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

3.9 Confidential Information

During the term of this Agreement, you may be entrusted with confidential information relating to the business, operations, or underlying technology of a property participating in the Plum Gaming Affiliate Program. You agree not to disclose such confidential information to outside parties without our prior written consent, and you shall use such confidential information only to further the purposes of this Agreement. Your obligations with respect to such confidential information shall survive termination of this Agreement. You will ensure, and verify upon request by us, that any of your employees or contractors to whom confidential information is disclosed (subject to prior consent) comply with these confidentiality obligations.

3.10 Intellectual Property

All intellectual property and other proprietary rights in any materials provided by us to you under this Agreement are the sole and exclusive property of us or our licensors. Nothing in this Agreement and your use of such materials or participation in the Plum Gaming Affiliate Program shall result in your acquiring any ownership or other proprietary interest in, or to, any such rights. You agree that we are the sole and exclusive owners of any and all of the intellectual property and other proprietary rights in all data collected or generated under this Agreement (including but not limited to all data relating to Referred Users) and that we may use all such data in any manner we determine in our sole discretion.

3.11 Affiliates Registered in the USA

Affiliates registered in the USA are NOT permitted under any circumstances to wager with their affiliate accounts in the casino or poker room. Should this activity be found, their account will be suspended with all monies held while this is investigated.

4. Term and Termination

The term of this Agreement will begin when you accept the terms of this Agreement and continue until either party notifies the other in writing that it wishes to terminate the Agreement for any reason, in which case this Agreement may be terminated immediately upon the sending of such notice. The foregoing shall not apply if another written agreement between you and us that contemplates an affiliate relationship provides otherwise. For purposes of notification of termination, the sending of an e-mail is considered a written and immediate form of notification.

Upon termination by either party:

You must immediately remove all banners/icons from your web site or other form of media and immediately disable all links from your web site to a property.

All rights and privileges given to you by this Agreement shall immediately terminate.

You will be entitled to unpaid Commissions, if any, earned by you up to and including the date of termination, provided that you have fulfilled your obligations under this Agreement. We may deduct any sum that you owe us from any unpaid Commissions prior to accounting to you for such unpaid Commissions.

You will not be entitled to Commissions earned after the date of termination.

We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If a property continues to permit play from

Referred Users after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.

You will return to us any Confidential Information, and all copies of it in your possession, custody and control.

You will cease all uses of any trade names, trademarks, service marks, logos and other designations of any property participating in the Plum

Gaming Affiliate Program, and any and all rights granted to you hereunder shall revert back to the owner.

5. Modification

We may amend this Agreement, or modify any of the terms and conditions of this Agreement, at any time and in our sole discretion. Modifications may include changes to Referral Fee calculations or Plum Gaming Affiliate Program rules. Any changes to this Agreement take effect from the date that the changes are uploaded to the Plum Gaming Affiliate Program site. We will make reasonable efforts (in our discretion) to notify you of changes to this Agreement however you acknowledge that you have responsibility for regularly checking whether this Agreement has changed by frequently visiting the Plum Gaming Affiliate Program site and making appropriate enquiries.

IF ANY MODIFICATION OF THIS AGREEMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PLUM GAMING AFFILIATE PROGRAM FOLLOWING SUCH MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE OF SUCH MODIFICATION.

6. Indemnity

You shall defend, indemnify, and hold us, our partners and affiliates, our directors, officers, employees, and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including legal fees, resulting from, arising out of, or in any way connected with your participation in the Affiliate Program, any breach of this Agreement by you, your acts or omissions, or your use or misuse of the banners.

DISCLAIMER AND LIMITATION OF LIABILITY

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PLUM GAMING AFFILIATE PROGRAM, THE REFERRAL COMMISSIONS, THE BANNERS OR ICONS, NOR THE OPERATION, AVAILABILITY OR FUNCTIONALITY OF THE PROPERTIES PARTICIPATING IN THE PLUM GAMING AFFILIATE PROGRAM, INCLUDING, WITHOUT LIMITATION, THEIR FUNCTIONALITY, FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. ACCORDINGLY, WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN THE OPERATION OR FUNCTIONALITY OF PROPERTIES PARTICIPATING IN THE PLUM GAMING AFFILIATE PROGRAM, THE BANNERS OR ICONS. NOTHING IN THIS AGREEMENT SHALL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PLUM GAMING AFFILIATE PROGRAM, NOTWITHSTANDING THAT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, OUR MAXIMUM LIABILITY ARISING UNDER THIS AGREEMENT AND THE PLUM GAMING AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL AMOUNT OF COMMISSIONS PAID OR PAYABLE TO YOU.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO PROVIDE ANY RIGHTS, REMEDIES OR BENEFITS TO ANY PERSON OR ENTITY NOT A PARTY TO THIS AGREEMENT.

8. General Provisions

8.1 Assignability and Enurement

You may not assign this Agreement to any third party without our prior written consent. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each parties respective successors and assigns. We may assign, transfer or novate any or all of our rights and obligations under this Agreement to any third party.

8.2 Non-Waiver

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 against you.

8.3 Force Majuere

We shall not be liable to you for any failure to comply with our obligations under this Agreement to the extent that such failure is beyond our reasonable control.

8.4 Remedies

Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more provision of this Agreement shall not preclude the exercise of any other provision. You acknowledge and agree in the event of your breach or threatened breach of this Agreement, we may enforce our rights by specific performance, injunction, or other equitable remedy.

8.5 Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, illegality or unenforceability, without invalidating the remainder of this Agreement or any provision hereof.

8.6 Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS PLUM GAMING AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

8.7 Discrepancy with Server

If there is any discrepancy between any data displayed on-screen or otherwise accessible by you and the relevant data held in our computer servers then the data held on our servers is deemed to be the correct data and will prevail over any contrary data displayed or accessible by you and our determination shall be final and binding.

8.8 Disputes

In the event of a dispute between you and us in connection with this Agreement our determination shall be final and binding.

8.9 Notices

If we need to contact you or give you formal notice under this Agreement we will make such contact or give notice by any reasonable means in the circumstances based on the information that we hold about you or that you have provided us with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If we use the details that we hold on you to serve notice then you will be deemed to have received the notice immediately after we have sent it. You agree that you will immediately notify us if your contact details change.

8.10 Governing Law

This Agreement shall be governed by the laws of Malta as are in force from time to time. By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that we determine in our sole discretion in respect of any disputes arising out of, or connected with, this Agreement. Nothing in this paragraph shall prevent us from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.

I Agree to these terms (you need to agree to the Terms before proceeding)*