PokerSnowie - Affiliate Program

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Terms and Conditions

Last update: June 5th, 2018

- Last update: commercial terms has been updated

SNOWIE GAMES LIMITED
AFFILIATE AGREEMENT

This Affiliate Agreement (the “Agreement”) contains the complete terms and conditions between the Affiliate hereinafter means the individual or entity which has applied to the Affiliate Program (the “Affiliate Program”) and duly filled in the affiliate sign up form (the “Application”) and Snowie Games Limited, a company registered and validly existing under the laws of Malta, including any company forming part of the group of companies to which Snowie Games Limited belongs (the “Snowie Group”) hereinafter referred to SGL Therefore reference to SGL shall also refer to the Snowie Group.

By means of this Agreement the Affiliate is warranting that he has duly completed the Application which, if approved, will grant the Affiliate participation the Affiliate Program.
This Agreement lays down all terms and conditions regarding the Affiliate’s Application and participation in the Affiliate Program.  By clicking on the “I have read, understood and agreed to the above terms and conditions” button and, subsequently marketing to and referring new customers (“New Customers”) to SGL at SGL’s site or sites (hereinafter referred to as “SGL’s Site(s)”), the Affiliate agrees to be bound by all the terms and conditions set out in this Agreement. 

This Agreement supersedes and replaces any previous oral or written agreements, correspondence or other communication between the parties hereto relating to this Agreement and any previous Affiliation agreement.

1.	PROGRAM APPLICATION AND ENROLMENT

a)	Acceptance of Application.  SGL will evaluate the Application and notify the Affiliate of its acceptance.  SGL may reject any Application if it determines that the Affiliate’s website or any marketing activities provided and carried out by the Affiliate are not suitable for the Affiliate Program for any reason.

b)	Identity and Disclosure.  The Affiliate must provide true and complete information to SGL at all times; including but not limited to, the Affiliate’s identity, contract information, nationality, residency, location and nature of the Affiliate’s marketing activities, and any other information that SGL may reasonably request.

c)	Registration.  Once the Affiliate registers as an Affiliate with SGL and if the Application has been approved, the Affiliate will receive a confirmation of the successful registration and all the details pertaining to the respective affiliate account (the “Affiliate Account”).


2.	 MARKETING ACTIVITIES AND RESPONSIBILITIES

a)	Marketing Responsibility.  Solely at the Affiliate’s own cost and expenses, the Affiliate may market to and refer potential customers to SGL and the SGL’s Site(s).  The Affiliate will be solely responsible for the content and manner of its marketing activities.  The Affiliate will not, authorize, assist or encourage any third party to (i) place marketing materials on any online site or other medium where the content and/or material on such website or medium is libellous, discriminatory, obscene, unlawful, pornographic or violent or which is, at SGL’s sole discretion, otherwise unsuitable, (ii) place marketing materials on any online site or other medium, where the content and/or material on such online site or medium copies or resembles our site in whole or in part, or damages SGL’s goodwill or reputation in any way.

b)	Competitive Marketing.  The Affiliate is not entitled to market to potential customers (i) on any internet site on which SGL promotes the SGL’s Site(s) or products, (ii) on or through any Internet search engine on which SGL promotes the SGL’s Site(s) or products (iii) in any other manner which results in the Affiliate competing with SGL in relation to the promotion of SGL’s Site(s) or products, or (iv) otherwise where SGL requests that the Affiliate ceases the same, unless explicitly authorized by SGL.  In the event that the Affiliate is in breach of the foregoing provisions, SGL reserves the right to cancel the Affiliate Account and terminate this Agreement and the Affiliate shall have no claims against SGL in respect to such action taken by SGL. Furthermore, the Affiliate is prohibited from offering any permanent discount relating to the services covered by this Agreement provided that the Affiliate may offer discount promotions for short periods of time. 

c)	Electronic Marketing.  The Affiliate may not advertise SGL’s Site(s) and/or products in any other way including, without limitation, the use of spam emails or any other messages that are circulated by the Affiliate, directly or indirectly, including messages that are posted on newsgroups, chat boards and other types of online forums and which : (i) are directed at people who have not consented nor confirmed that they wish to receive promotional messages from the Affiliate  (ii) contain false or misleading statements, (iii) do not truthfully identify the source or the origination IP address, or (iv) do not provide the recipient with an option to easily remove them from receiving future mailings or promotions. 

If SGL finds that the Affiliate has participated in such activities, SGL reserves the right to terminate the Affiliate Account immediately and withhold all earnings.

d)	Marketing Materials.  During the term of this Agreement, SGL grants the Affiliate a terminable, non-exclusive, non-transferable right to use any marketing materials provided by SGL for the sole purpose of marketing to and referring potential  New Customers to SGL’s Site(s). SGL will provide the Affiliate, without charge, with the guidelines, graphics and permitted text for use in promotional materials.  Any misuse of these materials is prohibited.

e) The Affiliate cannot negotiate a product discount with the customer by waiving in whole or in part of the commission without the permission of SGL. The Affiliate is prohibited from offering any promotions which results in customers paying less than the promoted price on SGL’s site. If SGL finds that the Affiliate has participated in such activities, SGL reserves the right to terminate the Affiliate Account immediately and withhold all earnings.

f) The affiliate shall not be eligible for a commission when purchasing the product for personal use.


3.	REPORTS & PAYMENTS

a)	Sales Revenue.  For the purposes of this Agreement, “Sales Revenue” shall only apply to Customers purchase and shall exclude any charge backs or otherwise as specified in Exhibit A. SGL’s measurements and calculations in relation to the relevant Sales Revenue figures shall be the sole and authoritative tool, and shall not be open to appeal. 

b)	Calculations of Affiliate Commissions.  A share of the Sales Revenue will be paid to the Affiliate as affiliate fees (the “Affiliate Commissions”).  This share is specified in Exhibit A of this Agreement. The Affiliate agrees that the Affiliate Commissions shall be solely calculated by SGL.

c)	Reports.  SGL will track and report New Customers and customer renewal activity for the purpose of calculating the applicable Affiliate Commission.  The Affiliate may view Sales activity, reports, commission and more, by logging into the Affiliate Web Panel.

d)	Method of Payment.  All payments will be due and payable in United States Dollars only.  The Affiliate may request to be paid via bank transfer, PayPal or Moneybookers.  Charges may apply for some payment methods.

e)	Modifications.  At any time and without notice, for any reason, SGL has the right to modify its revenue structure and/or the Affiliate Commission structure as SGL sees fit.


4.	 TERM AND TERMINATION

a)	Term.  This Agreement will take effect on the date of execution of this Agreement as long as SGL receives and approves a completed Application from the Affiliate, and will continue until terminated by either Party.

b)	Termination.  Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination.
SGL may terminate this Agreement with immediate effect if the Affiliate is in breach of the terms of this Agreement. Upon the termination of this Agreement for any reason, the Affiliate will immediately remove from the Affiliate’s website, all of SGL’s links and licensed materials and any of SGL’s marks, logos, etc.

Following the termination of this Agreement without default by the Affiliate, SGL shall pay all commissions due to the Affiliate at such time of termination.  SGL shall have no obligations to make any further payments of commission to the affiliate unless otherwise specified in Exhibit A.

In the event that this Agreement is terminated on account of default by the Affiliate, SGL shall not be liable for any commission not already paid to the Affiliate from the time the said default occurred.

This Agreement may also be terminated by SGL when you cease promoting SGL and SGL’s Site(s), without any notice, written or otherwise.


5.	LIABILITES

a)	No Warranties.  SGL DO NOT WARRANT THAT SGL’s SITE(S), SYSTEMS, NETWORK, SOFTWARE OR HARDWARE ARE OR WILL BE ERROR-FREE OR UNINTERRUPTED, SAME FOR THE ONES PROVIDED TO SGL BY THIRD PARTIES.

b)	Liability Limitations.  SGL’s obligations under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of the owners of SGL or the Snowie Group.  Any liability arising under this Agreement will not exceed the revenues generated and payable hereunder over the previous twelve months by the Affiliate and limited to direct damages.  In no event, SGL will be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind (regardless of whether we have been advised of the possibility of such loss).

c)	Indemnification.  The Affiliate will defend, indemnify and hold SGL and its officers, directors, employees and representatives harmless from and against any all liabilities, losses, damages and costs, resulting from or arising from, the Affiliate’s breach of this Agreement.

6.	INDEPENDENT INVESTIGATION

a)	Independent Investigation.  The Affiliate acknowledges that he has independently evaluated the desirability of marketing SGL’s Site(s), products or services and that The Affiliate has read this Agreement and agrees to all its terms and conditions.

b)	Independent Research.  The Affiliate understands that laws may vary from city to city, state to state and country to country.  The Affiliate has independently evaluated the laws in his location which apply to his activities and confirms that he may participate in SGL’s affiliate program without violating any applicable rules and laws.


7.	 MISCELLANEOUS

a)	Notices.  All notices pertaining to this Agreement will be given by email as follows: to SGL at affiliates@pokersnowie.com and to the Affiliate at the email address provided on the sign up form (or as subsequently updated and communicated to us by the Affiliate in the event of change).

b)	Relationship of Parties.  There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between SGL, the Snowie Group and the Affiliate under this Agreement.  Neither party has the authority neither to bind the other nor to incur any obligation on the other’s behalf, except as expressly provided herein.  

c)	Non-Exclusive.  The Affiliate understands that SGL may at any time (directly or indirectly), enter into marketing terms with other affiliates on the same or different terms as those set forth herein and that such affiliates may be similar, and even in competition with the Affiliate.  The Affiliate understands that SGL may redirect traffic and users from its site(s) to any other online site that SGL deems appropriate in its sole discretion, without any additional compensation to the Affiliate.

d)	Press.  The Affiliate may not issue any press release with respect to this Agreement or its participation in this Affiliate Program without SGL’s prior written consent.

e)	Assignment.  This Agreement and the rights and obligations hereunder may not be assigned by the Affiliate without SGL’s express written consent.

f)	Governing Law.  The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the parties hereto will be determined under, governed by, and construed in accordance with the Maltese Laws.  The Affiliate irrevocably agrees to submit for the benefit of SGL, to the exclusive jurisdiction of the courts of Malta for the settlement of any claim, dispute or matter arising out of or concerning this Agreement or its enforceability and the Affiliate waives any objection to proceedings in such courts on the ground of venue or on the grounds that proceedings have been brought in any inconvenient forum.

g)	Severability / Waiver.  Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law but, 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, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof.  No waiver will be implied from conduct or failure to enforce any rights and must be expressed in writing to be effected.

h)	Modification.  SGL may update or modify any of the terms of this Agreement at any time, at its sole discretion without notice, and the Affiliate will be bound by such amended Agreement within 15 days of it being posted on the Affiliate Program.  If any modification is unacceptable to the Affiliate, his only recourse is to terminate this Agreement.  The Affiliate’s continued participation in the Affiliate Program following notice of change will be deemed binding acceptance of the modification.

i)	Entire Agreement.  This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes and pre-empts and prior understanding or agreement between the parties, written or oral, which may be related to the subject matter hereof.  The headings of this Agreement are for convenience only and will have no effect on the construction of this Agreement.


IN WITNESS WHERE OF, you expressly agree to the terms and conditions of this Agreement by clicking on the “I have read, understood and agreed to the above terms and conditions” button.

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Exhibit  A – Terms related to this specific Affiliate Agreement

Product and/or Service covered by this agreement: 

-	PokerSnowie Subscriptions


Commercial Terms:

 - For each purchase made by a referred new customer, SGL shall pay 30% of revenue generated for a lifetime, unless after the successful purchase, the referred customer will have a lapsed time greater than 60 days without an active subscription. In this event the customer will not be considered referred by the Affiliate anymore.

- SGL reserve the right to increase or decrease the commission payable based on the sales level and/or efforts done from a marketing point of view by the Affiliate.

- In order to be eligible for a payout, the customer must generate at least 10 sales in a 12 month period.

For the sake of clarity:
a “new customer” is a customer that has uniquely been referred to SGL and who never purchased a subscription with SGL.  Should  a customer breach the License Agreement by creating duplicate accounts, SGL reserves the right to suspend, close the newly created accounts or completely terminate all accounts. Any customer, who has visited within the previous 90 days any SGL website through campaigns or other activities organized by SGL, will not be considered as ‘new customers’.
a “subscription” is a purchase of a paid version of PokerSnowie.

Subscription mechanics:

- Customers referred to SGL by the Affiliate will need to successfully purchase a subscription within 90 days of their first visit to the PokerSnowie.com site.  In case the customer, prior to perform the purchase, visit the PokerSnowie.com website referred by a second affiliate, he will not be considered referred by the second affiliate (i.e. "The first to send visitor gets credit").

- If a customer previously referred will make a purchase by using a different browser/device, or clears his cookies, SGL will not be able to track the purchase and therefore cannot assign the commission to the affiliate.

Tracking links:

- SGL shall provide the Affiliate with tracking links to be deployed on all promotional material referring customers to PokerSnowie.com. SGL cannot compensate the Affiliate for subscriptions if the tracking links are not accurately deployed.

- SGL shall also provide the Affiliate with a unique code (also referred to as 'promo code' or 'bonus code' or as otherwise described). This code shall be used during the check-out process and will be in effect only if the purchase is finalized. The Affiliate's unique code will override any tracking methods for awarding commissions.


Reporting, Invoicing and Payment Terms:

- The Affiliate may view Sales activity report by logging into the Affiliate Program.  All successful subscriptions go through a review period of 30-days from date of purchase.

- The Affiliate shall invoice SGL for commission payment at the end of the month. Invoices must include the Affiliate details including VAT Registration Number, where applicable.  If the Affiliate is a company based in Malta, the invoice should include VAT

- SGL shall pay the invoice within 30 days of receipt.

- SGL shall not be required to make such payment until the commission equals or exceeds 250 USD ($250).

Published Material:

- All material to be published by the Affiliate relating to this Agreement shall be approved by SGL contact prior to publication. Material includes articles, advertisements, blogs, emails, etc.


Snowie Games Ltd.

The Penthouse, Level 4, Suite 9 
Ewropa Business Centre,
Triq Dun Karm 
Birkirkara. BKR9034.
MALTA

Telephone No.: +356 2017 3222
Fax No.: +356 2017 3988
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