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terms of service Effective Date: August 1, 2007 Welcome to the NonLogo LLC / PokerEvolver Affiliate Agreement (\Agreement\). This Agreement sets forth the terms and conditions under which NonLogo LLC / PokerEvolver.com makes the NonLogo LLC / PokerEvolver Affiliate Program (\Affiliate Program\) available to you. By becoming a NonLogo LLC / PokerEvolver Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program. NonLogo LLC / PokerEvolver.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the NonLogo LLC / PokerEvolver.com Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the NonLogo LLC / PokerEvolver.com Web Site will constitute binding acceptance of the changes. 1. General Rules 1.1 The NonLogo LLC / PokerEvolver.com Terms of Service and the NonLogo LLC / PokerEvolver.com Privacy Policy are incorporated herein by this reference. As an Affiliate you will continue to be bound by the NonLogo LLC / PokerEvolver.com Terms of Service and the NonLogo LLC / PokerEvolver.com Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the \NonLogo LLC / PokerEvolver.com Services,\ and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy, and any disputes you may have resulting from your participation in the Affiliate Program will be subject to confidential binding arbitration in accordance with Section 12 of the Terms of Service. In the event of an inconsistency between this Agreement and the NonLogo LLC / PokerEvolver.com Terms of Service this Agreement shall control. 2. Becoming a NonLogo LLC / PokerEvolver Affiliate 2.1 Eligibility. NonLogo LLC / PokerEvolver.com will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in the Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 13. 2.2 Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account (\Account\) with NonLogo LLC / PokerEvolver.com through its online registration process. 2.3 Contact Information. You must provide NonLogo LLC / PokerEvolver.com with accurate and complete contact and payment information when you open an Account. You must immediately notify NonLogo LLC / PokerEvolver.com if any of your contact or payment information changes. If you do not provide NonLogo LLC / PokerEvolver.com with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program. 2.4 Account Security. You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify NonLogo LLC / PokerEvolver.com immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify NonLogo LLC / PokerEvolver.com immediately if you become aware of any other breach or attempted breach of the security of your Account or the NonLogo LLC / PokerEvolver.com Service. 3. Your Obligations 3.1 You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of NonLogo LLC / PokerEvolver.com and third parties. You must comply with the Affiliate Guidelines and any other applicable guidelines set forth in the NonLogo LLC / PokerEvolver.com Content Usage Policy. 3.2 Dynamic Links. As a member of the Affiliate Program, NonLogo LLC / PokerEvolver.com will provide you with special \tagged\ link formats (\Dynamic Link(s)\) to be used in linking to the NonLogo LLC / PokerEvolver.com Web Site. The Dynamic Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Dynamic Link formats. You will only earn commissions on activities occurring on the NonLogo LLC / PokerEvolver.com Web Site if such activity was originated from properly formatted Dynamic Links. NonLogo LLC / PokerEvolver.com will not be liable to you for any failure by you to use Dynamic Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement. 3.3 Use of Dynamic Links. NonLogo LLC / PokerEvolver.com will provide you with the Dynamic Links and graphical artwork to use in linking to the NonLogo LLC / PokerEvolver.com Web Site. You must use the Dynamic Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines. The Dynamic Links will include, without limitation, one or more of the following types of links to the NonLogo LLC / PokerEvolver.com Web Site: (a) Portal Page Links (b) Category Links (c) Search Results Link (d) Banner Links (e) General Link To PokerEvolver.com Home Page (f) Product Links (g) Participating Shops 4. Customers Purchasing Via the Affiliate Program. 4.1 Order Processing and Reporting. NonLogo LLC / PokerEvolver.com will process all product orders placed by customers who follow Dynamic Links to the PokerEvolver.com Web Site (\Customers\). NonLogo LLC / PokerEvolver.com reserves the right to reject orders that do not comply with any requirements that NonLogo LLC / PokerEvolver.com has and may periodically establish. NonLogo LLC / PokerEvolver.com will be responsible for all aspects of order processing and fulfillment. Among other things, NonLogo LLC / PokerEvolver.com will prepare order forms, process payments and handle customer service. NonLogo LLC / PokerEvolver.com will track sales made to Customers who purchase products using Dynamic Links from your web site to the NonLogo LLC / PokerEvolver.com Web Site and will make available to you reports summarizing sales activity. NonLogo LLC / PokerEvolver.com will use commercially reasonable efforts to present accurate information in the reports, but NonLogo LLC / PokerEvolver.com cannot guarantee the accuracy of the reports. 4.2 Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of NonLogo LLC / PokerEvolver.com. Accordingly, all of the NonLogo LLC / PokerEvolver.com rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. NonLogo LLC / PokerEvolver.com may change the NonLogo LLC / PokerEvolver.com policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. NonLogo LLC / PokerEvolver.com will use commercially reasonable efforts to present accurate information, but NonLogo LLC / PokerEvolver.com cannot guarantee the availability or price of any particular product. 5. Affiliate Commissions and Reporting. 5.1 Affiliate Commissions. NonLogo LLC / PokerEvolver.com will pay you commissions in accordance with this Agreement and the Affiliate Commission Schedule (\Commissions\). The Affiliate Commission Schedule is incorporated herein by this reference. NonLogo LLC / PokerEvolver Affiliates can earn commissions on the following types of transactions: (a) NonLogo LLC / PokerEvolver.com will pay you a commission on qualifying sales originating from Dynamic Links on your web site or web space in accordance with the then current Affiliate Commission Schedule 5.2 Payment of Commissions. (a) Tax Information. In order to receive your Commissions you must provide your taxpayer information to NonLogo LLC / PokerEvolver.com as required by the IRS. If NonLogo LLC / PokerEvolver.com does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS. (b) Payment Terms. NonLogo LLC / PokerEvolver.com will pay you Commissions on a monthly basis. Within 15 days following the end of each calendar month, NonLogo LLC / PokerEvolver.com will send you a check for the Commissions you have earned for the relevant month. However, if the Commissions payable to you for any month are less than $100.00, NonLogo LLC / PokerEvolver.com will hold your Commissions until the total amount due is at least $100.00 or until this Agreement is terminated. (d) Processing Fees. If NonLogo LLC / PokerEvolver.com owes you accrued Commissions that are less than $100.00 for at least 365 days, then NonLogo LLC / PokerEvolver.com may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover NonLogo LLC / PokerEvolver.com\s administrative costs and no payment will be made to you. (e) Charitable Contribution. Unless you and NonLogo LLC / PokerEvolver.com otherwise agree in writing, NonLogo LLC / PokerEvolver.com may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of NonLogo LLC / PokerEvolver.com\s choice (or any charity agreed upon in writing by you and NonLogo LLC / PokerEvolver.com) if: (i) you fail to provide NonLogo LLC / PokerEvolver.com with accurate and complete contact information; and (ii) the funds remain outstanding for more than 12 months. If NonLogo LLC / PokerEvolver.com makes such a contribution, its obligation to you shall be reduced by the amount of that contribution. (f) Termination Fees. If you or NonLogo LLC / PokerEvolver.com terminate your Account, and you have less than $100 in accrued but unpaid Commissions then outstanding, NonLogo LLC / PokerEvolver.com may charge you a $5 processing fee when sending you your final payment to cover its administrative costs. 6. Identifying Yourself As An Affiliate. 6.1 Logo. NonLogo LLC / PokerEvolver.com will make available to you a small graphic image that identifies you as a PokerEvolver Affiliate Program participant. You must display this logo or the phrase \In affiliation PokerEvolver.com\ somewhere on your web site or web space. NonLogo LLC / PokerEvolver.com may modify the text or graphic image of this notice from time to time. In addition, NonLogo LLC / PokerEvolver.com encourages (but does not require) you to include a Dynamic Link on your web site to the PokerEvolver.com home page at http://www.PokerEvolver.com. 6.2 All other Communications. Except as provided for in the Affiliate Guidelines, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without NonLogo LLC / PokerEvolver.com\s prior written consent, which may be given or withheld in its sole discretion. 7. Limited Licenses. 7.1 NonLogo LLC / PokerEvolver.com License to You of Logo and Links. NonLogo LLC / PokerEvolver.com grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by NonLogo LLC / PokerEvolver.com, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, NonLogo LLC / PokerEvolver.com grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Dynamic Links connecting your web site or web space to the NonLogo LLC / PokerEvolver.com Web Site and promoting the sale of products on the NonLogo LLC / PokerEvolver.com Web Site. All product images must be served by the NonLogo LLC / PokerEvolver.com Web Site and cannot be used in any form other than the form provided by NonLogo LLC / PokerEvolver.com. You may not modify the graphic images or text, or any other of the NonLogo LLC / PokerEvolver.com images, in any way. NonLogo LLC / PokerEvolver.com may revoke your license at any time by giving you written notice. NonLogo LLC / PokerEvolver.com reserves all of its rights in the graphic images, text, any other images, NonLogo LLC / PokerEvolver.com trade names and trademarks, and all other intellectual property rights. Any and all rights in and to NonLogo LLC / PokerEvolver.com\s intellectual property shall inure to the benefit of NonLogo LLC / PokerEvolver.com. 8. Indemnification. As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold NonLogo LLC / PokerEvolver.com harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with Section 9 of the Terms of Service. You must also indemnify, defend, and hold NonLogo LLC / PokerEvolver.com harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that NonLogo LLC / PokerEvolver.com\s use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b)any claim related to your web site, including, without limitation, content therein not attributable to NonLogo LLC / PokerEvolver.com. NonLogo LLC / PokerEvolver.com may withhold any Commissions that it owes you if you have to indemnify NonLogo LLC / PokerEvolver.com. 9. Term and Termination. 9.1 Term. The term of this Agreement will begin upon NonLogo LLC / PokerEvolver.com\s acceptance of your Affiliate Program application and will end when terminated by either party. 9.2 NonLogo LLC / PokerEvolver.com Termination. In its sole discretion, with or without notice to you, NonLogo LLC / PokerEvolver.com may terminate your participation in the Affiliate Program and terminate your Account. If NonLogo LLC / PokerEvolver.com determines, in its sole discretion, that you are abusing the system, the NonLogo LLC / PokerEvolver.com Service and/or the NonLogo LLC / PokerEvolver Affiliate Program, NonLogo LLC / PokerEvolver.com may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you. 9.3 Your Termination. You may terminate your Account for any reason at any time by visiting the \Close Account\ page within the members area (Your Account > Account Login Info > Close Account). 9.4 Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. NonLogo LLC / PokerEvolver.com may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the NonLogo LLC / PokerEvolver.com Web Site, product images from the NonLogo LLC / PokerEvolver.com database, all NonLogo LLC / PokerEvolver.com trademarks, trade dress and logos, all Dynamic Links, and all other materials provided by or on behalf of NonLogo LLC / PokerEvolver.com to you pursuant hereto or in connection with the Affiliate Program. I agree with the terms of service
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