TERMS AND CONDITIONS
Please read these Terms and Conditions before joining the Ultima Partners Program
The following terms and conditions (the "Agreement") contains the conditions between Stonex LP under the brand name of ultimapoker.com and you. As an affiliate you will promote the site, brands and the applications owned and operated by Stonex LP. By clicking the "I have read and agree to the terms and conditions" and submitting the application form you accept the terms and conditions of this Agreement, which is a legally binding agreement between you and us.
In this Agreement, references to the following words shall have the meanings set out below:
“Affiliate” means a member of the Ultima Partners.
“Affiliate Cashier Account” means the account to receive payment from us.
“Banners” and “Text Links” means the graphical artwork or text that direct traffic to Sites and/or to the Apps through the Affiliate’s Tracking Code.
“Chargeback” is a credit card transaction which is not collectable by a credit card company as a result of Customer’s non-payment or fraudulent credit card use, or other Customer payment transaction which is revoked and for which a credit is given.
“CPA” means Cost Per Acquisition.
“Fraud Traffic” means revenue or deposits or traffic generated on the Services illegally or any other action committed in bad faith, including but not limited to:
- collusion on the part of the qualified player/Players with any other player/players on ultimapoker.com;
- multiple user accounts;
- false accounts creation for the purpose of generating fees;
- deposits generated on stolen credit cards
“Intellectual Property Rights” means all existing rights and future patents, rights in computer software, trademarks, design rights, service marks, registered designs, copyright and forms of protection throughout the world of a similar nature for the full unexpired period of any such rights and any extensions or renewals thereof
“Net Revenue” means the total of all Customer Rakes plus poker tournament entry fees in the relevant calendar month, less (i) Poker bonuses (taking into account any adjustments to the same); (ii) Chargebacks; (iii) Gambling Taxes; and (iv) any other revenue returns, credits, compensations or refunds given to Customers
“Player(s)” means any person using ultimapoker.com
“Player Account” means an account created for a Player successfully registered on ultimapoker.com
“Sub-Affiliate” means any individual who registers to the Ultima Poker Partners Program based on your recommendation and who joins the Program
“Tracker” means a unique code/link created to each affiliate that is used for tracking players and calculating an Affiliate’s revenue reward or CPA payment
2.1 By this Agreement we will govern relationship with you.
2.2 We hereby grant you a non-exclusive and revocable license for the term of this Agreement. This license cannot be transferred, assigned or sold by you without our prior written approval.
2.3 You will not register any trade mark, trade name, logo, domain name or similar material that contain the similar to or are comprised of any of the Licensed Marks or Company IP.
2.4 At any time the Agreement can be modified by posting the updated version on ultimapoker.com
2.5 In case last modification is unacceptable to you, there is fourteen (14) day period to emails us and terminate the Agreement, otherwise your continued participation will be considered as acceptance of the modification.
2.6 We may contact you to share information regarding specific promotions.
2.7 We reserve the right to request and check any relevant documentation, for any reason, including but not limited to any investigation into your registration details, personal history and your financial transactions.
2.8 We reserve the right to reject your application or terminate this Agreement immediately in case your actions determined as not suitable for any reason.
3. TERMS & CONDITIONS
3.1 Completing the Application Form you will provide true information. In addition, any other details may be requested from time to time.
3.2 Acting in role of our Affiliate you will use only approved materials and will not modify without our prior written consent.
3.3 Acting in role of our Affiliate you will promote ultimapoker.com and our content in proper and lawful manner, in accordance to the terms of this Agreement, regulations and laws.
3.4 We reserve the right, in our sole discretion, to refuse service to any potential Player and to close the Player Account of any Player at any time.
3.5 You will not register as a Player or make deposits to other Player Accounts using your Trackers or Sub-affiliate trackers for your personal use to generate Fraud Traffic.
3.6 You agree that Trackers are for your sole use and that prior written consent required to sub-license or assign any third party.
3.7 You acknowledge and agree that our company owns all intellectual Property Rights comprised in all of our Services, our Materials, our Mark and the Site. You will not register a domain name that includes our Marks. Any use of trade mark without prior written consent will be unauthorized and evaluated as Fraud Traffic.
3.8 You will be solely responsible for the technical operation of your Affiliate Website.
3.9 You ensure that your Affiliate Websites and related marketing materials comply with all regulations, rules, conditions and laws. We reserve the right to terminate this Agreement in case your operation is found to breach.
3.10 You will be solely responsible for the payment of any taxes or related payments levied by any applicable jurisdiction or any governmental authority therein or thereof on any amounts paid by Stonex LP to you under this Agreement.
3.11 This Agreement will not, in any way, be constructed so as to create any kind of joint undertaking or partnership between parties hereto and you acknowledge that you will solely be responsible for all income taxes.
3.12 The company operates in accordance with its zero-tolerance policy for corruption and ensures all of its activities comply with all regulations and laws.
3.13 You acknowledge that transactions to be made in violation of this provision will be deemed as Fraud Traffic and we will deduct applicable deposits or traffic from the amounts payable to you hereunder.
4. AGE LIMITATION
4.1 Participation at Program is not permitted for persons under the age of 18 and we will block underage applicants if such determined.
4.2 We reserve the right to obtain identification from the Affiliate that will provide evidence of its age and its account may be suspended until proof of age satisfied.
5. REPORTS & PAYMENTS
5.1 Generally we will send you monthly report with your payment including details regarding Players signed up with your Tracking code. Your Player(s) activity will be tracked for purpose of calculating your commission.
5.2 You acknowledge and agree that a different commission plan may apply to other Affiliates who joined the Program.
5.3 Your earn payment will be based on a percentage of the net revenue generated by your referred Players and will be transferred to you on every Monday.
Commission plan for Revenue share
|Partner status||Percentage of Net Revenue share
beginning from 3rd (third) month*
|Amount of monthly rake required|
|Silver Partner||35%||$2001 – 10000|
|Gold Partner||40%||$10001 – 100000|
|Platinum Partner||45%||$100001 and more|
*During first two months from the date of registration you will get a reward of 50% of NET revenue share generated by your players.
If you joined the Program before 20th day of month – the 50% revenue share offer will stay active until the end of registration month plus the following one.
If you joined the Program after 20th day of month – the 50% revenue share offer will stay active until the end of registration month plus 2 (two) following months.
5.4 The commission may be modified in our sole discretion in accordance with the terms of this Agreement.
5.5 The Company is not obligated to make payments to you until your verification is completed.
5.6 You acknowledge that all payments to you will be in United States Dollars and will be made by method as we decide in our sole discretion however, using reasonable and preferred to Parties payment option.
5.7 In the event you disagree with the monthly reports or amount of payment please send us e-mail notification not later than 30 days after them available.
5.8 The minimum Commission amount to be paid is USD 100.
5.9 You acknowledge and agree that all tax payments are your liability and you are responsible for complying all necessary rules.
Cost Per Action (CPA)
Cost Per Action (CPA) is a one-off reward paid for every attracted Player who successfully passed verification, made a deposit of at least USD 20 and played at least USD 30 of rake.
|Number of new active* players per month||CPA income for each active* player|
*CPA reward is paid on monthly basis
6.1 A person invited by you and who successfully joins the Program will be tracked as you Sub-Affiliate.
6.2 Every Sub-Affiliate will be considered as a regular Affiliate and the terms and conditions of this Agreement will govern our agreement with you in respect of your Sub-Affiliate.
6.3 You jointly with your Sub-Affiliate will be liable to the Company for the performance of the obligations under this Agreement.
6.4 Sub-Affiliate will be paid in accordance with the commission plan agreed with the Company and you will also be paid upon the activities of your Sub-Affiliate in accordance to:
|The reward by revenue share system|
|5% of net revenue generated by your Sub-Affiliates|
*Please note that for the activities of your Sub-Affiliates you will be paid according to their reward system, no matter what kind of reward system you operate.
6.5 In relations to your Sub-Affiliate(s) you are not allowed:
6.5.1 To register yourself or your family member as a Sub-Affiliate;
6.5.2 To use the Sub-Affiliate scheme in bad faith against the Company;
6.5.3 To introduce any extra or different to our terms and conditions relating to any Sub-Affiliate
6.6 In case you breach any of items of Section 6 then we may suspend your account activity and/or change your commission plan and/or terminate this Agreement.
7. TERM AND TERMINATION
7.1 This Agreement will take effect when your application form to join Program approved and will continue in force until one of the parties notifies the other about termination in accordance with this Agreement. Each of Parties may immediately terminate this Agreement by written (or e-mail) notification.
7.2 To ensure correct calculation of your commission and to avoid misunderstandings we reserve the rights to withhold your final payment for a reasonable time.
7.3 Termination results:
7.3.1 Right after termination you will remove all Materials, Links and Trackers given to you under this Agreement;
7.3.2 Any confidential information must be returned to us promptly;
7.3.3 No obligation to make any further payments or commission to you;
7.3.4 Any continued usage of our Site following the termination will not constitute continuation of this Agreement.
8. REPRESENTATIONS AND WARRANTIES
8.1 Hereby you represent and warrant the following:
8.1.1 The execution and performance of this Agreement by you will have no conflict with regulations and laws;
8.1.2 You are at least 18 years of age;
8.1.3 You have accepted the terms and conditions of this Agreement;
8.1.4 You are not involved in and have no attitude to illegal activity and/or Fraud Traffic, including but not limited to money laundering under any regulations and laws;
8.1.5 You will provide us with true and accurate information regarding your personal details and your activity;
8.1.6 You also represent that you have evaluated the laws relating to your activities entering this Agreement;
8.1.7 You have experience, desire, ability and needed resources to perform your obligations according to this Agreement.
9. LIMITATION OF LIABILITY
9.1 You acknowledge that our Site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.
9.2 We will not be liable for any indirect, special, consequential damages or loss of any kind of profits, revenue, business or data arising in connection with any termination of this Agreement or your participation in the Program.
9.3 We will not be responsible for any claims or disputes between you and users of your website.
9.4 Nothing in this Agreement will be provided to any person not a party to this Agreement.
9.5 You represent and warrant that your participation in Program has been independently evaluated by you.
9.6 You warrant to hold us and defend from any claims, demands, costs and damages in case your breach of this Agreement.
9.6 In order to reduce the number of fraudulent we may remove or reject the applications of Player(s) or Affiliates in our sole discretion.
10. RELATIONSHIP OF PARTIES
10.1 The relationship between the parties to this Agreement is that of independent contractors and nothing in this Agreement will create any partnership, employment, joint venture or agency between the Company and you.
10.2 You have no authority to make any obligations or offers on behalf of the Company.
11.1 You acknowledge that confidential Information (this will include but not limited to financial information, statistics, information regarding Players, any correspondence between us) remains strictly confidential and will not be utilized directly or indirectly by you for your own business purposes or for any other purposes.
11.2 All this information will remain confidential after the expiration of this Agreement until such times as the information ceases to be confidential.
11.3 We may disclose certain information to you during your participation in Program.
11.4 Confidential Information will not include any information that is generally known or available to the public.
12.1 This Agreement will be governed in accordance with laws of United Kingdom. The courts of United Kingdom will have exclusive jurisdiction over any disputes relating to this Agreement however, this will not prevent the Company from action in a Court of any other jurisdiction.
12.2 You acknowledge that your personal information may be used by us for the purposes as follows:
- to keep you informed of offers and promotions;
- to set up and maintain your account; to inform you about important information regarding your account;
- to investigate and prevent any fraudulent activities;
- to provide the services relating to this Agreement;
- for any other purposes that are necessary for the performance of our contractual obligations.
12.3 You acknowledge that at any time we may sign the Agreement with other Affiliates on the same or different conditions.
12.4 You will not assign at law or in equity, deal or sub-license in any other manner with this Agreement without prior written consent.
12.5 Both parties completely understand the Terms and Conditions of this Agreement.