16 August 2012, 5:10 pm
Party Partners Terms Update - BWin ownership changes terms predatory
Summary of Changes: No surprise, BWin management gets hold of Party Partners and enacts several retroactive and predatory terms.
Guard Dog's Reflections on the Impact for Affiliates: It is not worth any more discussion, BWin management puts in predatory terms. Remove this program from your websites before they steal more of your commissions.
Currently the Sites offered within the Affiliate Network are: PartyPoker.com PartyCasino.com PartyBingo.com PartyGammon.com PartyBets.com Gamebookers.com EmpirePoker.com Gamebookers Poker Gamebookers Casino WPTPoker.com WPTCasino.com PartyPoker.com (Denmark) PartyCasino.com (Denmark) PartyBets.com (Denmark) Binguez.com
. 2.20 ''Restricted Marketing List'' means those territories listed here, where affiliates are prohibited from carrying out any direct marketing activities of the Sites. Notwithstanding Clause 1.3, this list may also be updated at any time by virtue of placing a notice in the ''news'' section of the Website. 2. 20 21 ''Restricted Territories'' means the following countries: Afghanistan Grenada Myanmar Sierra Leone American Samoa Guadeloupe New Caledonia Singapore Bermuda American Samoa Guam Northern Mariana Islands Somalia Bulgaria Bermuda Guam Haiti Pakistan Syrian Arab Republic Congo Bulgaria Hong Kong Peoples Republic of China Turkey Democratic Peoples Republic of Korea Congo India Puerto Rico Ukraine** France Democratic Peoples Republic of Korea Iran Republic of Sudan United States Minor Outlying Islands France , Metropolitan Iraq Reunion United States of America French Guiana France, Metropolitan Israel Rwanda Virgin Islands (U.S.) French Polynesia Guiana Italy St Barthelemy Zimbabwe French Southern Territories Polynesia Lebanon St Martin Greenland French Southern Territories Liberia Samoa Grenada Myanmar Sierra Leone 3.2.17 Attempt to market or promote our Services (or any specified part thereof) or Sites (or specific Site) within territories which are Restricted Territories or territories included on the Restricted Marketing List; to attempt to circumvent any restriction which we have put in place to prevent players from restricted territories from signing up as Real Money Players; or attempt to disguise to geographical location of a Player. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any Affiliate Accruals and/or terminate this Agreement immediately on notice.
2.12 ''Minimum Required Deposit'' means the minimum amount required to open a Player Account as indicated on the Site, (currently set at US$10)US$10, and US$25 for Binguez). Such deposits must then add up to a cumulative deposit for each player in order to satisfy the qualifying criteria (currently set at US$25). Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the amounts mentioned within this Clause
2.14 ''Our Marks'' means the words ''PARTYPOKER'', ''bwin.party'', ''PARTYCASINO'', ''PARTYBINGO'', ''PARTYACCOUNT'', ''PARTYGAMMON'', ''PARTYPOINTS'', ''PARTYBETS'', ''GAMEBOOKERSPOKER'', ''GAMEBOOKERSCASINO'', ''EMPIREPOKER'', ''WPTPOKER'', ''WPTCASINO'' 'WPTCASINO'', ''BINGUEZ'' and/or any logo, mark, domain name or trade name that contains, is confusingly similar to or is comprised of Our Marks or any other name or mark owned from time to time by us or any company within the Group.
Where used in this Agreement, references to: (i) ''you'', ''your'' and/or ''Affiliate'' mean the individual or entity that applied as the ''BENEFICIARY'' for payment purposes on our sign-up form as submitted at our website (''Affiliate Sign-up Form'') (ii) ''we'', ''our'', ''us'' means PartyPartners bwin.party partners Limited, a company registered in Gibraltar with company number 93729 and whose registered office is Suite 7, 711 Europort, Gibraltar and the Group as defined in Section 2.9 hereinYou acknowledge that PartyPartners bwin.party partners Limited and/or its affiliates within the Group and licensees, own all Intellectual Property Rights comprised in any and all of the Marketing Materials, our Services, the Site and Our Marks. Any use of any trade mark, domain name or trade name that contains, is confusingly similar to or is comprised of Our Marks (other than in accordance with the terms of this Agreement) without our prior written permission shall be unauthorized and further may constitute Fraud Traffic.
3.2.5 Place Marketing Materials on any online site or other medium where the content and/or material on such online site or medium: Infringes any third partys Intellectual Property Rights Copies or resembles the Site in whole or in part Disparages us or otherwise damages our goodwill or reputation in any way Frames any page of the Site in whole or in part You must have a sufficient 'copyright infringement policy' in place so that either (i) on receipt of a takedown notice from a rights holder, (ii) where an independent third party puts you on notice that content contained on your site is infringing the intellectual property of a third party or (iii) where you reasonably suspect that any of the material on your website infringes the intellectual property of a third party, you shall immediately remove the infringing material from your website. Failure to remove any infringing content from your website shall be deemed a material breach of this Agreement which is incapable of remedy and we reserve the right to suspend or terminate any of your Trackers or to terminate this Agreement in its entirety, immediately without notice.
For the avoidance of doubt, you agree that during the Term, you shall always be liable for your share of any tax (your share being equal to your applicable revenue share), even when revenue is a negative amount (the ''Tax Share Payment''). The Tax Share Payment may be set-off by us against any fees payable to you under this Agreement and we shall notify you if we make such a set-off. Alternatively, at our option, we may request you to pay the Tax Share Payment directly to us (or to such other Group company as nominated by us) and you shall make such payment within 30 days of such request. 4.13 All payments under this Agreement are subject to adjustment in accordance with the following provision. You agree that in the event that a relevant tax or regulatory authority seeks to recover taxes in any given market that were not originally deducted in the calculation of fees due to you, then these tax payments will be applied retrospectively to calculate the payments that should have been made to you in the event that these taxes had been deducted. The difference between this and the actual payments made to you under this Agreement will become a liability of you and will be subject to repayment within 30 days of receipt of an invoice. Notwithstanding the foregoing, the Parties agree that we shall be entitled to deduct any overpayment from subsequent fees in order settle such overpayment.
4.6 Automatic Reduction of Revenues. If you fail to send any Real Money Players to our Sites for a period of one hundred and eighty (180) consecutive days, then your Percentage Payment Plan will automatically be reduced to 5% on all revenue generated by Real Money Players. The Percentage Payment Plan will remain at 5% until such time as we may determine.
4.9 De-Tracking of Real Money Players. If a Real Money Player doesn't place a bet on our Sites for a period of three hundred and sixty-five (365) days, that Real Money Player will be de-tracked from your Tracker and you will no longer receive Affiliate Accruals on that Real Money Player. That player can then be assigned to another affiliate in the event that they return to our site via another affiliate's tracker.
. 5.5 Automatic Suspension. If you fail to send any Real Money Players to our Sites for a period of three hundred and sixty-five (365) consecutive days, then your Trackers will automatically be rendered inoperative, you will no longer accrue any Affiliate Accruals or other commission and we may, at our sole discretion, terminate this Agreement without notice. Where automatic suspension occurs under this Clause 5.5, your Affiliate Accruals will be frozen. If we do not receive any response from you requesting withdrawal of your Affiliate Accruals within one hundred and eighty (180) days, any funds remaining in your Affiliate Cashier Account will automatically revert to us.
See the original AGD Terms Alert.