The following shall be known as the “Agreement” by and between tonygpartners.com, as operators of the tonygpartners.com and you, the user. This Agreement contains the terms and conditions that will apply to all members of the tonygpartners.com Affiliate Program.

Please read this Agreement carefully and in its entirety. By submitting the application form, you will attest to be bound by the terms and conditions contained in this Agreement, have agreed to join the tonygpartners.com Affiliate Program and said Agreement will be binding between you and tonygpartners.com.

The following is a definition of our specific terms:

“Fraud” is an attempted or actual act by yourself or any Player which is:
(1.) Deemed illegal in any applicable jurisdiction; (2.) Any action made in bad faith; (3.) Any action made with the intention of defrauding tonygpartners.com to circumvent any contractual or legal restrictions, regardless of whether such act or attempted act is successful and causes tonygpartners.com harm in any way. Fraud includes the following without limitation; abuse of bonuses; violation of money-laundering or other laws; collusion; misleading, false or unauthorized advertising; Spamming; use of stolen credit cards; any unauthorized use of tonygpartners.com intellectual property rights.

“Deposits” are funds transferred by Players to their player accounts at TonyG Poker.

“Chargeback” is defined as a credit card transaction that is found to be un-collectable by the credit card company. This results from either fraudulent use or a customer not paying for the transaction.

“Exit Traffic” defines the traffic that you direct to TonyG Poker via an exit window. This occurs when Players leave TonyG Poker and your unique Tracker is used.

“Player Rake” is the table fee collected from a Player at a poker table.

“Player” is a person that enters TonyG Poker via your links or Tracker(s), has opened a new player account with TonyG Poker and is granted permission to access and use the TonyG Poker site in accordance with the terms and conditions of use.

“Net Revenue” is the total of all Player Rakes plus Poker tournament entry fees, but minus any Poker bonuses.

“Promotion Mails” means graphical artwork and/or text regarding TonyG Poker promotion campaigns, sent by TonyG Poker or tonygpartners.com which you may use for promotional purposes.

“Revenue Commission” is the percentage of Net payable to you on the Revenue Share payment plan.

“Spam” is any emails and/or messages that meet any or all of following criteria: (1.) any unsolicited mailing, normally sent to several addressees; (2.) contains misleading/false statements; (3.) fails to identify the originating IP Address and / or the originating email address; (4.) does not offer an online, real time Remove/unsubscribe option; (5.) bundles specific software with other software; (6.) inserts icons, graphics or causes software download, installation or similar actions without the express consent of the addressee.

“Trackers” are the unique tracking URLs that TonyG Poker and/or tonygpartners.com will provide exclusively to you for the term of this Agreement. This is the method by which we track Players and calculate your Revenue Commission.

“Text Links and Banners” are the graphical artwork or text that will be directed to TonyG Poker through your Tracker, which permits Players to hyperlink from your website to the TonyG Poker and/or tonygpartners.com website.

“Trademarks” means any logo, trade mark, trade name, design, domain name or similar identifying material that are owned or licensed by TonyG Poker and/or tonygpartners.com.

Joining the Affiliate Program

Upon receiving your application form and by this Agreement, we will consider accepting you as an affiliate of tonygpartners.com /TonyG Poker. Should tonygpartners.com and/or TonyG Poker decide, in our sole and absolute discretion, to accept you as an affiliate, this agreement will become binding between you and tonygpartners.com and TonyG Poker. We will then grant you the revocable and non-exclusive right to direct potential players to TonyG Poker, pursuant to the all of the contained herein terms and conditions of this Agreement. This Agreement in no way grants you the exclusive right to direct potential players to TonyG Poker or any other exclusive right in connection with the TonyG Poker/tonygpartners.com Affiliate Program. Other than the payment of the Revenue Commission, you hereby understand that you will not have any rights relating to any Players. TonyG Poker and tonygpartners.com may operate additional affiliate programs in connection with TonyG Poker/tonygpartners.com and you will have no right with respect to such other programs, except for those rights we may grant to you.

Affiliate Duties and Rights

Links to TonyG Poker, Marketing and Promotion: With this Agreement and by joining the tonygpartners.com Affiliate Program, you agree to promote, market, and refer potential Players to TonyG Poker. This will be accomplished by creating and maintaining a unique link from your site to the TonyG Poker site and by employing Promotion Mails received from tonygpartners.com and/or TonyG Poker. This link may be established with one or more of our exclusive Text Links and Banners. You will be solely liable for the content and manner of your marketing and promotion activities. All such activities must be conducted at all times in a professional and lawful manner, pursuant to the terms and conditions of this Agreement. Following receipt of written permission from tonygpartners.com /TonyG Poker, you may link directly to the TonyG Poker website and the downloadable .exe file. We may also at that point ask you to comply with additional relevant requirements as deemed necessary by tonygpartners.com .

Any other Marketing or Activities, besides as outlined by tonygpartners.com are not allowed. The only methods by which you may advertise, market and promote TonyG Poker are the establishment and maintenance of the unique link from your site to the TonyG Poker website. This will be done using the Text Links, Banners and the Promotion Mails we have provided, unless we give you our prior written authorization for any other promotional methods.

Legality of Use. You accept sole responsibility for determining whether your participation in the tonygpartners.com Affiliate Program is legal under any laws that apply to you and your country of residence. Neither TonyG Poker or tonygpartners.com will provide you with any legal recommendation or assurance regarding such legality. If you have questions or concerns, please consult legal counsel in the applicable jurisdiction, to clarify the legality of your participation in our Affiliate Program or the receipt of any payments from us, under any applicable laws.

Permitted Layouts. You are required to use only Text Links, Banners and Promotion Mails that have been provided by tonygpartners.com and/orTonyG Poker. Altering the design, appearance or content is prohibited, unless we give you our prior written authorization otherwise. Upon request, tonygpartners.com will provide you with a code that will enable you to post rotating banners from our marketing material on your sites.

Age Limitation for Affiliates. Participation in our Affiliate Program is allowed only if you are of legal age as determined by the applicable laws in your jurisdiction. At no time and under any circumstances can you participate in our Affiliate Program if you are under 18 years of age. TonyG Poker and tonygpartners.com reserves the right to require proof of age from you. If we require such proof, your account may be suspended until you have satisfied our proof of age requirement. At no time will you allow, assist or encourage others to market and promote the tonygpartners.com Affiliate Program directly or indirectly, to persons that are less than 18 years of age or the age that applies in the jurisdiction that you are targeting.

Excluded Territories. You agree to not market or promote TonyG Poker within or to persons from any Excluded Territories; or be involved in any traffic coming from any Excluded Territories. You will also not allow, encourage, assist or attempt to circumvent any restriction put in place by TonyG Poker in connection with Excluded Territories. “Excluded Territories” are indicated in the list below, which may be modified by tonygpartners.com or TonyG Poker as needed. It is your responsibility to regularly refer to this list for any changes.

The Excluded Territories are as follows: Afghanistan, Antigua, Barbuda, Bulgaria, China, Cuba, Cyprus, Estonia, Hong Kong, Iran, Iraq, Israel, Kahnawake, Libya, Macau, Netherlands, Antilles, Sudan, Syria, The Philippines, Turkey, USA and all USA Territories.

No Fraud. TonyG Poker and tonygpartners.com has zero tolerance for fraudulent activity and/or inappropriate conduct. As an Affiliate, you agree not allow, engage in, promote, assist, encourage or benefit from, directly or indirectly, any act that involves Fraud in any manner. Also, you will strive at all times to refrain from, immediately stop and not allow, any act or traffic that involves fraud. This includes any action that you believe or should reasonably believe to be fraudulent, any act or traffic that we inform you has been suspended by TonyG Poker and/or tonygpartners.com, is suspected by us, or we suspect to involve or potentially involve Fraud.

Responsibility for Your Site. You will be solely responsible for the content and operation of your website. This will include ensuring that all materials posted on your site are in no way libelous, obscene, sexually explicit, violent, otherwise illegal, or otherwise unsuitable. Understand that if we find any objectionable content on your site, we will notify you regarding such material. You will be solely responsible that all the content of your site is original and/or is permitted to be published by the owner thereof. Your site shall not make any claims, representations or warranties in connection with tonygpartners.com and/orTonyG Poker. Also, you will not be authorized to assume any liability, make any commitment, or obligation on behalf of TonyG Poker or tonygpartners.com.

No Rake-back or Other Incentives to Players. At no time are you allowed to make rake-back payments, financial incentives or any form of payment to your Players. You also agree not to advertise for or be engaged with any website that offers any rake-back program. TonyG Poker and tonygpartners.com reserves the right to withhold any Affiliate payments due to you if we believe you were involved in any rake-back activity.

Additional Restrictions. In addition to the conditions outlined above, you will not at any time engage in, allow, assist or encourage others to do any of the following: (1.) Use, cause or endorse Spamming; (2.) Engage in any act that disparages tonygpartners.com or TonyG Poker or that otherwise is damaging or may be expected to be damaging to our goodwill; (3.) Alter, affect or interfere with the operation or accessibility of the tonygpartners.com and the TonyG Poker site or any of its pages; (4.) Be engaged in copying or using any part of tonygpartners.com and TonyG Pokers look and feel to attempt to pass off any other site as the tonygpartners.com or TonyG Poker site, with intent to confuse potential Players in connection therewith.

Rights and Duties of TonyG Poker and tonygpartners.com

Registering and Tracking Players. TonyG Poker/tonygpartners.com will register your Players and track their play. We will calculate the amounts payable to you in accordance with the applicable payment plan. We reserve the right to refuse new Players or to close the accounts of existing Players if necessary in our sole discretion, in order to comply with any requirements we may periodically establish. This includes without limitation, actions regarding Fraud, unlawful activity, breach of the tonygpartners.com /TonyG Poker terms and conditions of use, or otherwise.

Payments. We will make payments to you in accordance with the Revenue Sharing payment plan, as set forth in detail below.

Player Reports. TonyG Poker and/or tonygpartners.com will provide you with remote online access to reports regarding Player activity and the Revenue Commission generated. The form, content and frequency of the reports will be subject to change at our sole discretion and we will not be liable for the completeness or accuracy of any reports.

Recording Calls. All telephone conversations between you and any of the TonyG Poker and/or tonygpartners.com staff may be recorded, and you hereby understand and consent to any such recordings. All recordings will be treated in the utmost confidence and may be used by us in the event of any dispute or misunderstanding.

Confidentiality Commitment. TonyG Poker and tonygpartners.com is committed to secrecy and confidentiality of your identity and information. We will however be entitled to inform relevant authorities, online casino operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity. If any such action becomes necessary, you hereby agree to co-operate fully with us to investigate any such activity.

Proprietary Rights

License to use TonyG Poker/tonygpartners.com Trademarks. We hereby grant you a non-exclusive, revocable, non-transferable sublicense, for the term of this Agreement, to use any Trademarks we provide solely for the display of our Text Links and Banners on your sites. This sublicense cannot be assigned, sublicensed, or otherwise transferred by you, unless approved in writing by us. Your right to use the TonyG Poker/tonygpartners.com Trademarks is limited to the sublicense granted herein. TonyG Poker and tonygpartners.com reserves the right to terminate this sublicense at any time by written notice to you. This sublicense will be null and void automatically upon the termination of this Agreement for any reason. You shall not assert the invalidity, unenforceability, or otherwise contest the ownership of the TonyG Poker or tonygpartners.com Trademarks, in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice tonygpartners.com or TonyG Pokers rights as owner or licensee of said Trademarks, render the same generic, or otherwise weaken tonygpartners.com or TonyG Pokers validity or diminish our associated goodwill. You shall not register or attempt to register any logo, trade mark, trade name, design, domain name or similar identifying material that contain, are confusingly similar to, or are comprised of, any tonygpartners.com or TonyG Poker Trademarks.

Only Commercial Use is Allowed. The marketing opportunity presented in the TonyG Poker/tonygpartners.com Affiliate Program is for commercial use only, and you, your family members, friends or associates may not make Deposits, directly or indirectly, through any of your Trackers for your or their own personal use or to increase the amounts payable to you under this Agreement by any act which involves Fraud.

If you wish to make a test transaction to evaluate the system, including Deposits, please contact us at: XXX so we can refund the charges once you have completed your testing.

Transactions made in violation of this provision will be deemed Fraud traffic and we will deduct applicable Deposits or traffic from the amounts payable to you hereunder.

Data Relating to Players. Any and all data relating to the Players shall be and remain the exclusive property of tonygpartners.com and TonyG Poker.

Affiliate Identity

Verification of Identity. It is the policy of tonygpartners.com and TonyG Poker to prohibit and actively prevent money laundering, any activity that facilitates money laundering or funding of terrorist or criminal activities. TonyG Poker and tonygpartners.com will verify your identity through the information provided by you and by obtaining information from public sources and data. TonyG Poker and tonygpartners.com strives to reasonably ensure that we know the true identity of any and all of our affiliates.

Supporting Documentation. You agree to provide any supporting documents that TonyG Poker or tonygpartners.com may request from you. Be aware that we have the right to delay payments if supporting documents are not provided to us in a timely manner. Supporting documents may include any or all of the following for individuals: copy of a valid driving license; copy of a valid passport; a letter of reference from your bank; a copy of a utility bill; a copy of a bank statement. For a company or corporation, supporting documentation may include a copy of the company’s certification of incorporation; articles of association or equivalent; duly approved corporate resolution; a certificate of good standing; power of attorney; information regarding the identity of the beneficiary owner of the company, and the identity of the directors of the company.

Payments and Fees

Alternative Payment Plans. The payment due and payable to you at the end of each calendar month will be determined according to the Revenue Sharing payment plan. Under the Revenue Share payment plan, TonyG Poker/tonygpartners.com will pay you a Revenue Commission at the rate that will be agreed by us on your Net Revenue in Poker as applicable.

A “qualifying player” means a new player directed by you who makes a minimum initial deposit of $

Final and Binding Data and Calculations. All calculations in connection with the amount payable to you, will be made by TonyG Poker/tonygpartners.com and based solely on our systems’ data and records. In all respects, our calculations will be final and binding.

Business by Other Persons. You shall have no claims to Revenue Commission or other compensation on business secured by or through persons or entities other than yourself.

Change of Payment Plan. We reserve the right to change your payment plan upon notice to you. Any such change will take effect only from the date of such notice.

Your Losses as a Player. If you are also a player at TonyG Poker, we reserve the right not to include your losses or rakes as a player in the Revenue Commission due to you.

Exit Traffic. Exit Traffic will be considered for the purpose of calculating your Revenue Commission. If you choose not to have an exit window, please send a request by email to either your affiliate account manager or to:XXX to have this exit removed.

Procedure for Payment. TonyG Poker/ will send you an account statement every month showing any balance due to you, if any. If we do not receive any corrections from you as to the accuracy of the statement within two weeks, the statement of account will be deemed to have been accepted and agreed upon by you. Payment to you will be made on a monthly basis, provided the amount payable to you is not less than $250. If this minimum amount is not reached in any given month, TonyG Poker/tonygpartners.com will be entitled to withhold payment and carry the amount due to you to the next calendar month, until the minimum required amount is attained. All payments will be due and paid in Euro or in any other currency, solely at our discretion. We will transfer funds only to the designated account appearing on your application form. Any third party wire transfers are prohibited by TonyG Poker and tonygpartners.com.

Right to Withhold Amounts. TonyG Poker and tonygpartners.com reserves the right to withhold all amounts due and payable to you under this Agreement if we believe that any Fraud has taken place or is contemplated which involves you, whether or not the withheld amounts relate to the event in question. If we believe that Fraud has taken place or is contemplated by any Player without your knowledge, we will be entitled to withhold any amounts due to you in connection with such Fraud. We will also be entitled, in the foregoing events, to set-off from future amounts payable to you any amounts already received by you which can be shown to have been generated by Fraud. We will also have the right to withhold any amounts payable to you in the event that you pay any of your Players any rake-back or other payment or financial incentive which is prohibited by our agreement.

Taxes and Other Charges. As an Affiliate, you are fully responsible for all taxes, fees and other costs incidental to and arising from any payments made to you under this Agreement. This includes but not limited to any processing fees. You also agree to indemnify and reimburse us for any costs, expenses or losses that may be caused to TonyG Poker and/or tonygpartners.com as a result of any claim or demand made by any governmental or other authority. This includes any tax withholding obligations or similar obligations to which we may be subject in connection with making payments to you. We will be entitled to withhold or set-off any such amounts from the payments made to you.

TonyG Poker and tonygpartners.com does not support or condone any kind of content stealing or copying. We reserve the right to close your account with us if it is proven you have engaged in such methods, and/or to transfer the amounts payable to you to the original content creator.

We reserve the right to delay or withhold payments if any supporting documents we have requested are not provided to us in a timely manner.

If we determine, in our sole discretion, that you have engaged in any activity forbidden in this Agreement, including without limitation, any activity that involves Excluded Territories, or that you have otherwise breached any of your representations, warranties or undertakings in this Agreement, TonyG Poker and/or tonygpartners.com may (without limiting any other rights or remedies available to us) withhold any amounts due and payable to you hereunder, whether or not generated by such forbidden activity or breach.

Chargebacks and Credits. All Chargeback and credit amounts will be deducted from your payment or the reserved funds. Chargeback and credit fees will be paid to the credit card companies and administered by TonyG Poker and/or tonygpartners.com . Should a Chargeback or any form of credit to the Player occur within the fee payment-processing period (usually 12 business days), we reserve the right to deduct such amounts and any associated fees from the amounts due to you under the Revenue Share plan. Any Chargeback or credit to a Player will disqualify such Player and you will not be entitled to any payment with respect to that Player.

Sub-Affiliates

Any person who was introduced to us by you and joins the TonyG Poker/tonygpartners.com Affiliate Program as an affiliate thereof, by submitting to us the standard application form through the Sub-Affiliate link on the tonygpartners.com and/or TonyG Poker Affiliate Program site, will be considered, subject to our prior approval, to be your Sub-Affiliate and tracked as such. Any Sub-Affiliate will be treated as a regular affiliate in the TonyG Poker/tonygpartners.com Affiliate Program and will be bound by the terms and conditions of this Agreement. You will also be liable to us, jointly and severally with any Sub-Affiliate, for the performance of such Sub-Affiliate’s obligations under this Agreement.

To reward you for your Sub-Affiliates and to give you incentive to obtain additional Sub-Affiliates, in addition to paying the Sub-Affiliate commissions set forth in this Agreement, TonyG Poker/tonygpartners.com will also pay you an additional commission. This commission will be in the form of payments made to the Sub-Affiliate, when approved by us as such, as set forth in the table below.

You may not refer to TonyG Poker and/or tonygpartners.com as your Sub-Affiliate, any persons or entities that were registered as our affiliates in the past. Any such persons or entities will not be considered your Sub-Affiliates under this Agreement.

Levels in Relation to You *
1st Tier - 2.0% Commission
2nd Tier - 1.5% Commission
3rd Tier - 1.0% Commission
4th Tier - 0.08% Commission
5th Tier - 0.03% Commission
6th Tier - 0.01% Commission
7th Tier - 0.01% Commission
8th Tier - 0.01% Commission
9th Tier - 0.01% Commission
10th Tier - 0.01% Commission

* All of your Sub-Affiliates (1st tier in relation to you) are our affiliates and, as such, will be entitled to payments according the applicable payment plan as described above. Being our affiliates who are party to this Agreement, they will also be entitled to introduce to us their own Sub-Affiliates, each of whom will automatically be considered as your indirect Sub-Affiliate (2nd tier in relation to you). The commission table above shows the percentage you will be entitled to receive from us, of the payments made by us, to the relevant Sub-Affiliate. For example, if a player uses the TonyG Poker/tonygpartners.com website through a 2nd Tier Sub-Affiliate of yours (i.e. the player enters the TonyG Poker site through the link given by us to such Sub-Affiliate as an affiliate of ours), we will pay you, in addition to the payments made by us to that Sub-Affiliate in accordance with the applicable payment plan, a commission of 1.5% of all such payments.

Term and Termination.

Termination of this agreement is at will, with or without reason, by either party. Hence, the term of this Agreement will begin when you submit your affiliate application form and will continue until either party notifies the other party that it wishes to terminate the Agreement, with or without cause. At such time this Agreement will be terminated immediately. For the purpose of notification of termination, submitting a request for termination via email is considered a written and immediate form of notification.

TonyG Poker and tonygpartners.com reserves the right to immediately terminate this Agreement if we determine, in our sole discretion, that you or any of your Players are engaged in any of the following activities: Fraud; paying any of your Players rake-backs or other payments and financial incentives; suspected false information relating to your true identity; activities that may pose any risk to the integrity of the TonyG Poker/tonygpartners.com Affiliate Program; we find your site is aimed at minors (underage persons as determined in any applicable jurisdiction); involves Excluded Territories; promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; violates the intellectual property rights of TonyG Poker and/or tonygpartners.com; contains content which is libelous, obscene, sexually explicit or violent; promotes any unlawful activities; is unsuitable or inappropriate in our discretion.

If your account remains inactive for forty-five (45) days, TonyG Poker and/or tonygpartners.com will deem this Agreement to have been terminated by you without notice.

Results of Termination. Immediately following the termination of this Agreement for any reason, you must remove all TonyG Poker and/or tonygpartners.com Text Links and Banners from your site. This also includes any designs or other material, graphics and content owned by us, marks, names, symbols, logos, developed, licensed or created by us and/or provided to you by us in connection with this Agreement. You must disable any links from your site to TonyG Poker and/or tonygpartners.com and immediately stop any activity relating to Promotion Mails. All rights and licenses given to you in this Agreement shall immediately terminate.

If you have failed to fulfill your obligations and responsibilities, we will not pay you the Revenue Commission otherwise owing to you on termination or thereafter.
We reserve the right to withhold your final payment for a reasonable amount of time. This may be done to ensure that the correct amount is paid to you and that there are no debts or liabilities you owe to TonyG Poker and/or tonygpartners.com. We will be entitled to deduct from any payments due and payable to you, any such debts and liabilities due to us, if any.

Any Players, who continue to access and use the TonyG Poker site following the termination of this Agreement, if any, shall not constitute continuation or renewal of this Agreement or a waiver of its termination.

Affiliate Representations and Warranties

In addition to any of your other representations, warranties, covenants and obligations contained in this Agreement, you hereby represent and warrant TonyG Poker and/or tonygpartners.com the following: (1.) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not conflict with or violate any provision of law, rule, regulation or agreement to which you are subject to; (2.) you are not a resident of any of the Excluded Territories; (3.) you are not involved or intend to be involved in or are aware of any act or traffic that involves your site and that constitutes or can be reasonably expected to constitute Fraud or illegal activity, including but not limited to money laundering, under any applicable law, rule or regulation; (4.) you are not under the age of either (i) 18, or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to you, whichever is greater; (5) by participating in the TonyG Poker/tonygpartners.com Affiliate Program, you acknowledge that you do not find our services to be unfair, objectionable or offensive, in any way.

No Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE TONYG POKER/TONYGPARTNERS.COM AFFILIATE PROGRAM OR TO ANY ARRANGEMENTS CONTEMPLATED BY THIS AGREEMENT. INCLUDING WITHOUT LIMITATION WITH REGARD TO THEIR FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, MERCHANTABILITY, LEGALITY OR NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN THE CASE OF ANY UNFORESEEN INTERRUPTION, TONYG POKER AND/OR TONYGPARTNERS.COM WILL NOT BE HELD LIABLE FOR THE CONSEQUENCES OF ANY SUCH INTERRUPTIONS OR ERRORS.

Indemnity
You will defend, indemnify, and hold TonyG Poker and/or tonygpartners.com or our affiliates, our and their directors, officers, employees, representatives and agents, 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: (a) any breach by you of any representation, warranty or agreement contained in this Agreement; (b) the performance of your duties and obligations under this Agreement; and (c) any claim or demand relating to the development, operation, maintenance, or contents of your site.

No Liability
TonyG Poker and tonygpartners.com is not in any way liable, nor do we assume any responsibility for or make any representations or warranties with regard to the operation or content of our website.

Limitation of Liability
ANY LIABILITY TO YOU ARISING FROM THIS TONYG POKER/TONYGPARTNERS.COM AFFILIATE PROGRAM AGREEMENT IS LIMITED TO DIRECT DAMAGES ONLY. WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS, OR ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

IN ANY EVENT AND UNDER ANY CIRCUMSTANCES, OUR AGGREGATE AND TOTAL LIABILITY ARISING WITH RESPECT TO THIS TONYG POKER/TONYGPARTNERS.COM AFFILIATE PROGRAM AGREEMENT WILL NOT EXCEED THE LESSER OF EITHER: (1) THE AMOUNT OF $80,000 (EIGHTY THOUSAND U.S. DOLLARS); OR (2) THE TOTAL PAYMENTS MADE TO YOU UNDER THIS AGREEMENT OVER THE EIGHT (8) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement.

The Parties Relationship
We and you are independent contractors, and nothing in this Agreement will create any partnership, franchise, sales representative, joint venture, agency, or employment relationship between us. As such, you will have no authority to make or accept any offers, representations or obligations on our behalf. Nor will you make any statement, whether on your site or otherwise, that could be reasonably construed to contradict the foregoing.

Confidentiality
During your participation in the TonyG Poker/tonygpartners.com Affiliate Program, we may disclose to you certain proprietary information which is either marked or by its nature is confidential (herein referred to as “Confidential Information”). You agree that you shall keep all such Confidential Information in strict confidence. You will not use any part of it, either directly or indirectly, for any purpose other than the specific purpose of this Agreement. Confidential Information will not include any information that is generally known or available to the public. This includes any information required to be disclosed by applicable law or any legal agency having jurisdiction over you. If any such information becomes required by law, you will give us prompt notice of such requirement.

Acknowledgement and Independent Evaluation

YOU ACKNOWLEDGE THAT:

(1)YOU HAVE READ THIS AGREEMENT AND HEREBY AGREE TO ALL OF THESE TERMS AND CONDITIONS; (2) YOU HAVE THROUGHLY EVALUATED THE BENEFITS OF PARTICIPATING IN THE TONYG POKER/TONYGPARTNERS.COM AFFILIATE PROGRAM AND THAT YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

YOU UNDERSTAND THAT WE MAY AT ANY TIME, EITHER DIRECTLY OR INDIRECTLY SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT, OR OPERATE OR CONTRACT WITH WEB SITES THAT ARE SIMILAR TO OR MAY BE IN COMPETION WITH YOUR WEBSITE.

Amendments to Agreement

Amendments. We may amend any of the terms and conditions contained in this Agreement, at any time and at our sole discretion, by posting the amended agreement on this “Terms and Conditions” page on our website. If any changes are posted, they will take effect from the date specified at the head of the Agreement and you are solely responsible for acknowledging any amended versions and/or changes. Therefore, it is imperative that you log in often to review this page on our site and check for any amended version. Amendments may include, payment procedures, changes in the commission amounts payable under this Agreement, restrictions on operation and any other TonyG Poker/tonygpartners.com Affiliate Program rules. TonyG Poker and/or tonygpartners.com employees, officers or agents may orally amend, modify or waive any provision of this Agreement.

IF ANY AMENDMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE TONYG POKER/TONYGPARTNERS.COM AFFILIATE PROGRAM FOLLOWING OUR POSTING OF ANY AMENDED AGREEMENT ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE AMENDED AGREEMENT, WHETHER OR NOT YOU HAVE ACTUALLY UNDERSTOOD OR READ THE RELEVANT CHANGES.

Miscellaneous

Governing Law. The construction, validity and performance of this Agreement will be governed by English law.

Jurisdiction. The court in London will have exclusive jurisdiction in any matter arising from or related to this Agreement. This, however, shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English language version of this Agreement will prevail over any other language version issued by us.

No Assignment. You may not assign or transfer this Agreement or any part thereof without our prior written consent.

No Waiver. TonyG Poker and/or tonygpartners.com’s 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.

Remedies and Injunctive Relief. Our rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of our rights or remedies in connection with this Agreement shall not preclude the exercise of any other right or remedy. You acknowledge, confirm and agree that damages may be inadequate for a breach or a threatened breach of this Agreement. In the event of such a breach or threatened breach by you of any provision of this Agreement, our rights and obligations may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, contract or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that the respective rights and obligations TonyG Poker and/or tonygpartners.com shall be enforceable in equity as well as at law or otherwise.

Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If however any provision of this Agreement is held to be illegal, invalid, or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof.