Gameday Affiliate Agreement

1. Preamble

THIS AGREEMENT is made between TMG Ltd. (subsequently called COMPANY), 12 Tigne Place, Tigne Street, Sliema SLM 15, Malta, and the undersigned Affiliate, (subsequently called PARTNER), (collectively referred to as the “Parties” on the date the online registration form is submitted to and approved by TMG Ltd. This agreement governs the terms and conditions relating to Affiliate's promotion of the website: www.gamedaypoker.com and any other website subsequently included in the Affiliate Program (collectively referred as the “Sites” or “Websites”).

IMPORTANT: By becoming an affiliate, you agree to be bound by this Agreement. In addition, you are subject to any policies, requirements or guidelines applicable to such promotional and marketing activities, which may be posted by the Sites or COMPANY occasionally. All such rules, regulations, requirements or guidelines are hereby incorporated on this agreement.

2. COMPANY’s Duties & Responsibilities

COMPANY’s activities cover the following services:
a) The COMPANY maintains an Internet service and strives to keep it uninterrupted and error free, without providing a guarantee.
b) Technical maintenance (specifically backup and maintenance of the software systems in use) as well as technical support for sudden problems during day-to-day operations.
c) Supply of necessary server software in order to operate the game services.
d) Supply of client software along with customer support, including 24h live support.
e) Supply of security support that consists of observing (monitoring) game tables in order to detect and prevent deliberate losses (illegal money transfer), collusion as well as the use of illegal AI software (Artificial Intelligence) in order to gain a game advantage. Furthermore security support includes new users to be verified by the general support team as well as the individual user game log check performed by the cashier/chief sysop before cashouts are processed (internal review).
f) Performing all money related tasks involving the players as well as settlements and handling of payments with PARTNER.

3. PARTNER’S Duties & Responsibilities

PARTNER refers poker and / or backgammon players to the COMPANY, by means of self-developed and performed measures on PARTNER’s own websites, newsletters, etc. PARTNER’s expenses during this process are not covered by the COMPANY.
During the contract period, COMPANY makes promotional material available to PARTNER free of charge. PARTNER is not permitted to alter this marketing material without written consent of COMPANY.

4. Compensation

PARTNER receives an established percentage or share of the revenues generated by the players that PARTNER has referred to COMPANY. The revenue consists of the sum of the entire rake turnovers of the players that were referred by PARTNER and had not previously registered with COMPANY or any of its competitors on the network, less deposit bonuses or promotions offered to new players by COMPANY. Also excluded are other reversals and uncollectible turnovers and payments as stated in COMPANY’s terms and conditions. Also exempt from PARTNER’s commission are turnovers based on fraudulent activities, such as deposits using stolen credit cards or the use of artificial intelligence.

COMPANY is responsible for providing reports that document the amount of players referred, the player’s revenues, and the compensation that is to be paid to PARTNER. These reports must be made accessible to PARTNER 10 days after the start of a new month at the latest. A permanent online access will be provided to PARTNER to track these reports. COMPANY will transfer the compensation to a player account created exclusively for PARTNER before the 15th of each month.

PARTNER may request withdrawals from this account at the end of the month and when the balance is a minimum of $50 USD.

5. Duration of the contract

This affiliate agreement is effective from the date the affiliate application is confirmed by COMPANY until the date that either COMPANY or PARTNER terminate the agreement.
PARTNER may terminate the affiliate agreement at any time in written form (e-mail is accepted), subject to a term of 12 weeks until the end of the month. Should there be a dispute due to legal problems, PARTNER is permitted to interrupt its operations related to COMPANY without notice in its sole discretion. COMPANY may terminate the agreement at any time in written form (e-mail is accepted).

6. Liability

Both parties agree to exempt from any liability except for:
• the liability to cover damages as a result of the loss of life, body or health based on an act of negligence of one of the parties or the intentional or negligent breach of duty of a statutory agent or an auxiliary person of any of the parties;
• the liability for other damages that are based on a major act of negligence of any party or of the intentional or major negligent breach of duty of a statutory agent or an auxiliary person of any party.

7. Applicable law and Court of Jurisdiction

This partnership agreement is exclusively based on Maltese law. Court of jurisdiction is Valletta, Malta.

8. Miscellaneous

The regulations in this affiliate agreement are complete and binding. Oral subsidiaries are invalid and to be considered nonexistent.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability of any other provision of this affiliate agreement. In such a case, both parties are demanded to replace the invalid provision with a viable alternative.
Both parties are furthermore asked to cooperate in the best sense of this agreement, should important aspects have been omitted or forgotten.

You manifest your agreement to this Agreement by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax or by merely accessing the SITES, whether you have read this Agreement or not. You may submit a paper copy of this transaction and print this form for your personal records.