Affiliate Terms and Conditions

By participating in the TexasHoldem.com affiliate program, using marketing materials we provide, or accepting any payment or commission from TexasHoldem.com deems that you have agreed to be bound by the following terms and conditions:

The words "we" and "us" refer to THAffiliates.com/TexasHoldem.com.

The words "You" and "Webmaster" refer to the party that has signed up for the affiliate program.

You must be 21 years of age to participate in our program. Nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to make or accept any offers or representations on behalf of TexasHoldem.com. You agree not to make any statement that would reasonably contradict the terms of this paragraph.

We will track your player and traffic data, provide you with online access to your affiliate statistics in real-time, and do everything in our power to keep the statistics as close to real-time as possible. We will not be held responsible for delays in reporting statistics.

It is your responsibility to keep up to date with any changes in the commission structure. We will pay you commission based upon the rates in each affiliate program. These rates can change at our discretion. Changes will not be retroactive, and effective notice of these changes occur when we post the changes on THAffiliates.com/TexasHoldem.com.

We may modify these terms and conditions at any time at our sole discretion by posting a change notice or a new agreement on our website. Your continued participation in our affiliate program after the posted changes constitutes acceptance of the new terms. Again, it is your responsibility to remain informed of any changes to the program by checking the website frequently.

By agreeing to these terms and conditions, you agree to create a link from your site to TexasHoldem.com. You may link to us with a banner advertisement or a text link. This is the only method by which you may advertise on our behalf.

We will terminate this agreement immediately if there is any form of unsolicited communication with your users, or if you advertise TexasHoldem.com any other way other than by text link or banner advertisement. You will not knowingly benefit from any traffic not generated in good faith, whether or not it causes damage to TexasHoldem.com. Should fraudulent activities be detected, we reserve the right to refuse and/or retract commissions paid to the affiliate, and this decision is final. We reserve the right to retain all funds generated by you if we have reasonable belief that your traffic was generated in a fraudulent manner.

Fraudulent activities will be pursued to the fullest extent of the law, regardless of the country of origin. TexasHoldem.com has a zero tolerance policy for fraud.

We do not accept traffic from, and will not pay webmasters from any of the following countries/regions: Denmark, Afghanistan, Belarus, Bosnia and Herzegovina, Croatia, Cyprus, Egypt, Iran, Iraq, Israel, Lebanon, Russia, Serbia, Slovakia, Slovenia, Syria and Yugoslavia.

The terms of this agreement will be in effect when you link to our site, and will be continued until either party notifies the other in writing that it wishes to terminate the agreement. Termination is at will, and a notice of termination via email constitutes immediate and written notice.

You will be the sole party responsible for the development and operation of your website and all materials appearing on your website. We disclaim all liabilities for the content appearing on your website. You will indemnify and hold harmless TexasHoldem.com/ThAffiliates.com from all claims, damages, expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance and content of your site.

Websites that are aimed at children, promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, illegal activities, or violate intellectual property rights are not permitted to participate or advertise for the TexasHoldem.com/THAffiliates affiliate program.

This affiliate marketing opportunity is for commercial use only, and you may not sign up or make deposits to any account, directly or indirectly, through your tracker(s) for your own personal use, to fraudulently increase the affiliate commissions payable to you or to otherwise defraud us. In no event are you to receive affiliate commissions on revenue generated on your own player account. Violation of this provision constitutes fraud traffic and will grant to us the right to immediately terminate this agreement and you will forfeit all affiliate commissions that you have earned.

Upon termination of this agreement, all rights and licenses given to you in this agreement will be terminated immediately. You must remove our banners and/or text links from your site. You will be entitled to any unpaid referral fees earned by you on or prior to the date of termination. If you have failed to fulfill your obligations upon termination of this agreement, we will not pay you the owed referral fees. You will cease using our name, trademarks, logos, or any other company designations. Termination of this agreement will not relieve you from any liability arising out of breach of this agreement that occurred prior to the agreement's termination.

During the terms of this agreement, you may be entrusted with confidential information relating to the business, its operations, its underlying technology, affiliate program technology. You agree never to disclose this information to a third party unless you have our prior written consent. Your obligations with repsect to Confidential information shall survive the termination of this agreement.

Payments are made on a monthly basis for traffic generated the previous month. We will not be held responsible for delays in payments because of banking or mailing systems.

Affiliate payments for the 40% revenue share plan are calculated using the following formula:

(rake+ tournament fees - coupons) - chargebacks = 40%

You shall defend, indemnify, and hold us and our electronic cash provider, their directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney's fees, resulting from, arising out of, or in any way connected with:

Any breach by you of any warranty, representation, or agreement contained in this Agreement, the performance of your duties and obligations under this Agreement, your negligence or any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorized use of our banners and link or this referral program.

TexasHoldem.com makes no express or implied warranties or representations with regard to the affiliate program, affiliate fee payment arrangements (including without limitation their functionality, warranties of fitness, merchantability, legality, non-infringement, or any implied warranties arising out of a course of performace, dealing, or trade usage). We make no representation that the operation of TexasHoldem.com will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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 referral 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 this Agreement.

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.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THIS REFERRAL PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

IN WITNESS WHEREOF:
You expressly agree to the terms and conditions of this Agreement by completing the registration process, downloading banners, and creating a link to TexasHoldem.com.