Before you can proceed with registration, please accept the terms and conditions below. Additionally, by accessing and utilizing any of the Gutshot Affiliates' Marketing Tools, or accepting of any reward, bonus or commission whether contained in this agreement or else where on our web site, you are deemed to have agreed to be bound by all the terms and conditions set out in this agreement. For purposes of clarity, the terms "we" and "us" refer to Gutshot Affiliates and "you" and "Member" refers to the other party to the contract formed by the acceptance of these Terms and Conditions. The term "Merchant" is defined as any company that has contracted Gutshot Affiliates to promote their Site(s) and or products. The contract provides you with the non-exclusive right to direct users ("Visitors") from your site or sites to the Merchant's websites, in return for the payment of commissions and referral bonuses as specified below.

1. ENROLMENT

To enrol, please read this Agreement and then submit a complete Gutshot Affiliates Member Account application to us via our Web site. We will evaluate your application and notify you whether your application was accepted. Your application will be rejected if we determine, in our sole discretion, that your site is unsuitable for any reason, including but not limited to, sites that are in contravention of Playtech network policies, under construction, aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

2. MEMBER AGREEMENT

2.1 During the term of this arrangement (which shall commence when you indicate your acceptance in the manner specified above, and shall end when either you or we notify the other, by email, of the termination of this Agreement), you shall display a banner or banners provided by Gutshot Affiliates on your site (the "Member site") as a hyperlink to direct Visitors from the Member Site to the Merchant's Sites, using distinct URLs supplied by Gutshot Affiliates exclusively for linking (the "Supplied Banners").

2.2 The Merchant's banners shall be displayed at least as prominently as any other sales link on the Member site, and if the Member displays or makes accessible to Visitors descriptive information regarding any vendors whose banners are displayed on the Member site, the Member shall, subject to Gutshot Affiliates' prior written approval of the content thereof, include similar descriptive information regarding the Merchant's Site(s).

2.3 The relationship specified in this Agreement is non-exclusive for both parties; therefore, the Member shall be entitled to display the banners of, and provide links to, sites of other companies through the Member site, and Gutshot Affiliates shall be entitled to make the Merchant's banners available through online and other services than the Member site.

3. DELIVERY AND DISPLAY OF BANNERS, COPY, AND PROMOTIONAL MATERIAL

3.1 As a Member, you will have access through Gutshot Affiliates' site to a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individual, as a "Link".)

3.2 Gutshot Affiliates and the Merchant hereby grants to the Member the non-exclusive, non-transferable, non-assignable (except as provided below) rights, during the term of this Agreement, to use (which shall include the right to copy, transmit, distribute, display and perform both privately and publicly):

Gutshot Affiliates' and the Merchant's banners, name, site name, and other related textual and graphic material are made available by Gutshot Affiliates and/or the Merchant to the Member for the express purpose of inclusion on the Member's site from time to time (collectively, the "Merchant's Material") and for the specific purposes authorized above. Gutshot Affiliates and the Merchant authorize the Member to advertise and promote their respective promotional material. The copywriting of promotions may not be modified nor misrepresented by the Member.

3.3 Gutshot Affiliates and the Merchant also authorizes the Member to refer, in the Member's advertising and promotions, to the fact that the Gutshot Affiliates and Merchant's sites are accessible through the Member site, provided that any such statement:
(a) does not include any trademarks, service marks, design marks, symbols and/or other indicia of origin of Gutshot Affiliates or the Merchant other than Gutshot Affiliates or the Merchant's Site(s) name and/or site names in a non-distinctive typeface (specifically, not the typeface used in the logo design of any of Gutshot Affiliates' or the Merchant's mark);
(b) does not state, suggest, or imply, by the wording or prominence of such statement or otherwise, that the Merchant sponsors, authorizes, and/or is the source or origin of the Member site; and (c) does not disparage Gutshot Affiliates or the Merchant, its products, services, or members.

3.4 All use of the Gutshot Affiliates or Merchant's Materials hereunder shall inure to the benefit of the Merchant and shall not create any rights, title or interest in them for the Member.

3.5 No other use of the Gutshot Affiliates or Merchant's names, trademarks, service marks, design marks, symbols and/or other indicia of origin or other designations confusingly similar to any of the foregoing may be made by the Member for any purpose without the prior written approval of Gutshot Affiliates or the Merchant.

3.6 As between the Merchant and the Member, the Merchant owns, and shall continue to own exclusively, all right title and interest (including without limitation, all rights provided under the law of copyright and trademark) in and to the Merchant's Materials and all names, trademarks, service marks, design marks, symbols and/or other indicia of origin therein throughout the world and in perpetuity, subject to the permissions granted in this Agreement.

4. MAINTAINING THE LINKS

You agree to fully cooperate with us in order to establish and maintain the Links between Your Site and the Gutshot Affiliates Site or the Merchant's Site(s). The maintenance and updating of Your Site will be your responsibility. The graphics and/or text associated with the Links to the Gutshot Affiliates Site or the Merchant's Sites will be updated periodically and it will be necessary for you to update the content of Your Site accordingly on a regular basis. Please be aware that we have the right to monitor Your Site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to Your Site that we feel should be made.

5. COMMUNICATION TO MEMBERS

By signing up to Gutshot Affiliates you agree to receive a variety of material from Gutshot Affiliates. If you choose to opt out of our communications Gutshot Affiliates and its Merchants will not be responsible for any damages that may occur from members opting out of communications.

6. NET RAKE

You agree to be paid a percentage revenue share commission based on NET rake.  Net rake is defined as Gross rake minus network fees, banking and promotional costs, which we calculate at a flat 25%; and additionally minus player bonuses and rewards which comprise Points-to-Cash, VIP level rewards, First Deposit and Reload Bonuses.

7. PROHIBITION OF RAKEBACK

Affiliates offering any so-called rake-back schemes or similar promotions that offer or allow a proportion of the players rake to be returned to the player in any form will be banned from sending traffic to Gutshot Poker.  Gutshot Poker will have the right to deduct money from the affiliate for traffic deemed to have been referred through "fraudulent means" and the affiliate’s account will be frozen.

 
8. PROHIBITION OF SPAM

Any form of spam will result in your account being closed and all funds due being withheld. You need to be aware that our Merchants are liable to incur expenses in dealing with spam generated mail and these same expenses will be deducted from your account should our Merchant seek recourse. In this instance the amount determined by the relative Merchant will be fair and deemed final and acceptable based on good faith and such amount will be collectable by law and deemed to have been accepted by yourself as fair and reasonable and as agreed to by registration as an affiliate of Gutshot Affiliates. Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment including recourse to file a claim against you for unpaid amounts.

9. GOOD FAITH

You will not knowingly benefit from known or suspected traffic not generated using accepted Internet marketing practices whether or not it causes Gutshot Affiliates or the Merchant harm. Should fraudulent activity, knowingly or otherwise, arise from a person directed to Merchant's site via your link, we retain the right to retract the commissions paid to you at any time. Our decision in this regard will be final and no correspondence will be entered into. We reserve the right to retain all amounts due to you under this Agreement if we have reasonable cause to believe that such traffic has been caused with your knowledge.

10. CONFIDENTIAL INFORMATION

10.1 As used herein, "Confidential Information" shall mean all oral or written information, of whatever kind and in whatever form, relating to past, present or future products, software, research, development, inventions, processes, techniques, designs or other technical information and data, and marketing plans (including such information of third parties that a party hereto is obligated to hold as confidential), provided that such information has been reasonably identified as or could be reasonably considered to be proprietary or confidential, that either party:
(a) may have received prior to the date of this Agreement, whether directly from the other or indirectly from third parties; or (b) may receive hereunder from the other.
Each party agrees that, with respect to its receipt of Confidential Information of the other party, it shall:
(i) use the same care and discretion to prevent disclosure of such Confidential Information as it uses with similar Confidential Information of its own that it does not desire to disclose, but in no event with less than a reasonable degree of care;
(ii) accept such Confidential Information and use such Confidential Information only for the purposes permitted hereunder; and
(iii) restrict disclosure of Confidential Information solely to those of its employees and agents who have a need to know and are obligated not to disclose such Confidential Information to any third parties.

10.2 The foregoing restrictions shall not apply to information that:
(a) is or hereafter becomes part of the public domain through no wrongful act, fault, or negligence on the part of the recipient;
(b) the recipient can reasonably demonstrate is already in its possession and not subject to an existing agreement of confidentiality;
(c) is received from a third party without restriction and without breach of this Agreement;
(d) was independently developed by the recipient as evidenced by its records; and
(e) the recipient is required to disclose pursuant to a valid order of a court or other governmental body; provided, however, that the recipient shall first have given notice to the disclosing party and shall give the disclosing party a reasonable opportunity to interpose an objection or obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. The termination of this section 4 shall survive the termination of this Agreement.

11. LIABILITY

11.1 The Member acknowledges that Gutshot Affiliates does not advocate or endorse the purchase or the use of any services offered by the Merchant through the Merchant's sites or through its software, nor does it guarantee the quality, fitness, or results of any such service or compliance with any law or regulation.

11.2 The Merchant represents and warrants that:
(a) The Merchant has the right to enter into this Agreement and to grant the rights and licenses granted herein; and
(b) The Merchant's software, and the reproduction, distribution, transmission, public performance and public display of the Merchant's Material in connection with the Member site, do not:
(i) invade the right of privacy or publicity of any third person; or
(ii) contain any libellous, obscene, indecent or otherwise unlawful material.

11.3 The Member represents and warrants that:
a. the Member has the right to enter into this Agreement;
b. the Member site does not, and the reproduction, distribution, transmission, public performance and public display of the Member Materials as permitted herein, do not:
(i) invade the right of privacy or publicity of any third person,
(ii) contain any libellous, obscene, indecent or otherwise unlawful material, or
(iii) infringe any patent, copyright or trademark right in any jurisdiction; and
c. the Member has received no notice of such invasion, violation or infringement of rights.

12. TERM AND TERMINATION

12.1 The term of this Agreement will begin when you download a banner and link it to our site or the Merchant's Site(s) and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

12.2 Upon termination:

    * You must remove the Gutshot Affiliates or Merchant's banner/s from your site and disable any links from your site to ours and theirs.
    * All rights and licenses given to you in this Agreement shall immediately terminate.
    * You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination. You will not be entitled to referral fees occurring after the date of termination.
    * If you have failed to fulfil your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
    * We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
    * If we continue to permit activity (generation of revenue) from customers 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 and will cease all uses of any trade names, trademarks, service marks, logos and other designations of our Merchants.
    * You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations which by their nature are designed to survive termination, as set out in this Agreement. Termination will not relieve you from any liability arising from any breach of this Agreement which occurred prior to termination.

WE MAY TERMINATE THIS AGREEMENT IF WE DETERMINE (IN OUR SOLE DISCRETION) THAT YOUR SITE IS UNSUITABLE.

Gutshot Affiliates may from time to time review affiliates’ participation in the program. Gutshot Affiliates may choose to cancel an affiliate’s participation in the program, at its absolute discretion, if it reasonably believes the affiliate to have behaved in such a manner contrary to the terms or intent of the program.

Unsuitable sites may include those that: are aimed at children, promote sexually explicit materials, promote violence, promote discrimination based on race, sex, nationality, disability, sexual orientation, or age, promote illegal activities, or violate intellectual property rights.

13. RISK ALLOCATION

Neither party will be liable to the other party (nor to any person claiming rights derived from the other party's rights) for incidental, indirect, consequential, special, punitive or exemplary damages of any kind -- including lost revenue or profits, loss of business, or loss of data -- arising out of this Agreement (including without limitation as a result of any breach of any warranty or other term of this Agreement), regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility thereof.

14. ACKNOWLEDGEMENT OF NO WARRANTY

Except as expressly provided herein, neither party warrants that their respective websites will perform in the manner expected or without interruption, error, or defect, or that any revenue to either party will result from the activities contemplated by this Agreement. Except as expressly set forth in this agreement, neither party makes any warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose or warranties against infringement of any intellectual property rights not specifically enumerated.

15. ASSIGNMENT

Except as otherwise provided herein, neither Gutshot Affiliates nor the Member may assign this Agreement or any of its rights or delegate any of its duties under this Agreement, without the prior written consent of the other. Any purported assignment or delegation without such required consent shall be null and void.

16. GOVERNING LAW

This Agreement, its interpretation, performance or any breach thereof, shall be construed in accordance with, and all questions with respect thereto shall be determined by, the internal substantive laws of Curaçao.

17. SINGLE ACCOUNT

The Member agrees to operate a single Member site with the Merchant's Site(s). If Gutshot Affiliates should discover, using information it deems appropriate in the circumstances, that the Member is operating more than one Member account, this Agreement shall terminate and the Member will forfeit all rights to commissions and referral bonuses. Several sites may be registered to the one account; however, the placement of any site banner on a new site, under the Gutshot Affiliates Members Program, MUST be reported by the Member and cleared by the Gutshot Affiliates Support Team beforehand, and failure to do so may result in the termination of the Member's account. The Member will also forfeit all rights to commissions and referral bonuses.

18. INDEPENDENT CONTRACTORS

Gutshot Affiliates and the Member are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between Gutshot Affiliates and the Member. Neither party has the authority to enter into Agreements of any kind on behalf of the other party.

19. DISCLAIMER

19.1 It is the Member's responsibility to declare taxes from their Member's profits, according to their country's regulations. It is the merchant’s responsibility to pay its members and Gutshot Affiliates will not be held responsible for the actions of its merchants in regards to the payment of its members.

19.2 Gutshot Affiliates is also not responsible for the way cookies are tracked on the Merchants site or on the member’s site. The maintenance of the cookie/tracking code is the responsibility of the Merchant. Gutshot Affiliates is strictly a housing software that displays the results of the tracking for its members.

20. WAIVER

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

21. MODIFICATIONS

21.1 Gutshot Affiliates may modify any of the Terms and Conditions set forth in this Agreement by posting the modified Terms of Use at: http://www.gutshotaffiliates.com or at another site it chooses, and by notifying the Member of the modifications via email notice.
Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and referral program rules. 

21.2 IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.