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Programa de Afiliados – Formulario de Registro

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Contrato de afiliación

Partner agreement

of
C. I. S. A. 
From the south side of the catholic clinic 25 meters west,
Asesores Aduanales Building, Second Floor, 
San Jose – Goicoechea, 
Costa Rica
(hereinafter referred to as “Salapoker”)

1. General
a) C. I. S. A. is an online poker, casino and sports betting company which lets Internet users place bets and play (hereinafter collectively referred games to as "bets") on the website www.salapoker.com (hereinafter referred to as "the Salapoker website").

b) The contracting party maintains and operates one or more websites on the Internet (hereinafter referred to as "the website").

2. Subject matter of the agreement
a) The subject matter of this agreement shall be the implementation of a link provided by Salapoker on the website with the aim of establishing an advertising cooperation for the mutual benefit of the parties hereto. It shall be stated that this is a mutually non-exclusive advertising cooperation.

b) Salapoker provides the contracting party with a selection of advertising instruments (e.g. logos, banners, graphics, texts) as well as guidelines as to their incorporation in the website of the contracting party. These guidelines shall form part of the agreement. Salapoker shall be entitled to modify, limit, or provide new advertising instruments at any time. Upon implementation of one or more of such advertising means on the website, the contracting party offers the users of its website the opportunity to directly access Salapoker's website and place bets by clicking the respective symbols (hereinafter referred to as "the link").

c) Salapoker shall bear any costs arising in connection with the graphical representation of the link. The contracting party shall assume all costs incurred for the implementation of the link.

3. Preconditions
a) Salapoker expressly states that the promoting or soliciting of bets is subject to legal restrictions in some countries and may even be prohibited in some cases. Thus, the contracting party acknowledges that - should the promoting or soliciting of bets or the participation in prize games be prohibited under the rules and regulations of its country of domicile or be permissible only under certain preconditions not met here - it may not enter into this agreement and shall, consequently, also not be entitled to post the link on its website.

In this case, the contracting party shall be forbidden to fill in the online application form. Should any disadvantages whatsoever arise for Salapoker or the contracting party due to disregard of the relevant prohibitions in the country of domicile of the contracting party, the contracting party shall be exclusively liable for such disadvantages.

b) The contracting party further confirms that it operates the website under its own name and that it is fully and without restrictions authorised to dispose thereof.

4. Formation of the agreement
a) Salapoker provides an online application form which, provided that the preconditions under point 3 are met, is to be filled in by the contracting party and transmitted to Salapoker at affiliateprogram@netpokernet.net. After transmission of the completed form, the application shall be examined by Salapoker. In case of approval, confirmation thereof shall be sent to the contracting party in email.

b) Upon conclusion of the agreement, a partner identification code is assigned to the contracting party. By means of the link code assigned within the scope of the partner programme, customers acquired via the link on the contracting party's website and the bets placed during such sessions are registered.

5. Licences
a) Upon conclusion of the agreement, the partner shall be granted a right, non-transferrable and terminable at any time, entitling him to use the link/s provided for the purpose of establishing links to the Salapoker website. This right does not include the right to modify or manipulate the link in any other way whatsoever unless Salapoker has given its consent. The licence for the use of the link shall expire upon termination of the agreement.

b) The preparation of additional advertising material relating to Salapoker is only permissible with Salapoker's consent. Advertising material (of any kind whatsoever) may thus only be used after prior written approval by Salapoker.

c) The copyright for the design of the links provided within the scope of the partner programme as well as for all other information made accessible on Salapoker's website shall remain solely with Salapoker.

d) A change of the URL address of the website of the contracting party shall not constitute a change to the agreement and shall not affect its rights and obligations arising from this agreement.

6. Structure and maintenance of the partner website
The contracting party shall incorporate the link of its choice provided within the scope of the partner programme in its website, thus establishing a connection to the Salapoker website. By means of the assigned link codes, Salapoker 's registration system identifies customer referrals from the link of the contracting party's website. The links may refer to various coordinated areas.

7. Commission
a) In return for the implementation of the link in accordance with point 2, the contracting party shall receive a commission depending on the gross profit generated by the newly acquired customers. Newly acquired customers are those customers of Salapoker who do not yet have a betting account with Salapoker and who access Salapoker's homepage via the link to the Salapoker website, and who properly register with Salapoker and make real money transferrals to their betting accounts. The term gross profit denotes the betting sales with Salapoker in real money less the distribution of profits and betting fees.

b) The amount of the commission depends on the amount of the gross profit generated by the customers referred to Salapoker by the contracting party. The respective percentages are listed on Salapoker's website. Salapoker reserves the right to change the percentages at any time.

c) The commissions shall be invoiced at the end of each month and paid by the 15th of the following month, provided that a minimum amount of USD 100 has been reached. If this requirement is not met in one month, the commission shall be carried over until a total of USD 100 has accumulated.

d) With the password and the identification code assigned to it by Salapoker upon registration, the contracting party shall be granted access to its personal online statistics in order to enable it to obtain information on the current status of its turnover as well as on the accumulated refunds.

e) In the event that orders are not executed or reversed for reasons beyond Salapoker's control, the commission shall be cancelled subsequently and charged in the following invoice.

f) Any claim to reimbursement of cost or expenses for further advertising activities of the contracting party shall only be applicable if Salapoker has commissioned the contracting party to do so in writing.

8. Obligations on the part of Salapokera) Salapoker provides the contracting party with all information necessary for the proper implementation of the link. To this end, the guidelines developed by Salapoker shall form the basis.

b) Salapoker shall administrate the turnover generated via the links, record the gross profit and the total amount of commissions earned via the link, provide the contracting party with a turnover statistics, and handle all customer services related to the business.

9. Obligations on the part of the contracting party
a) The contracting party shall be solely responsible for the proper technical incorporation of the link. Thus, it shall be entitled to use only a link provided within the scope of the partner programme, otherwise no warranty whatsoever can be assumed for proper registration and sales accounting.

b) The contracting party shall also be responsible for the technical operation of its website, in particular for the link to Salapoker's website, and it shall guarantee that the contents of the website do not infringe the rights of third parties or violate any laws in any other way.

c) The contracting party shall be responsible for the development, the operation, and the maintenance of its website as well as for all material appearing on the website. In particular, it shall guarantee that its website does not promote violence, sexually explicit material or discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age.

d) The contracting party shall guarantee that the material shown on its website does not infringe any rights of third parties (including copyright and trademark rights, the general right of personality or any other rights) and that the material presented on its website is neither libellous nor defamatory or illegal in any other way.

e) The contracting party shall not be entitled to present its website in such a way that it might evoke any risk of confusion with Salapoker's website or convey the impression that the website of the contracting party partly or fully originated with Salapoker.

f) The contracting party may not use the name of Salapoker or other terms or trademarks that Salapoker is entitled to in any other way than in connection with the installation of the advertising instruments on its own website. In this connection, the contracting party shall particularly refrain from using terms that are confusingly similar to those of Salapoker.

g) The contracting party understands that Salapoker will not cooperate with a contracting party using a domain or subdomain which is confusingly similar to "Salapoker", or any other protected trademark and/or name right which belongs to Salapoker or its Affiliates.

h) If Salapoker determines in its sole discretion, that the contracting party has engaged in any form of spamming or advertises Salapoker’s services in any other unauthorized way, Salapoker may (without limiting any other rights or remedies available to it) withhold any commission otherwise payable to the contracting party under this Agreement and/or terminate this Agreement with immediate effect upon its notice at any time during the term of this contract.

10. Termination 
a) The agreement may be terminated by either party at any time without giving any reasons or notice.

b) In such an event, the contracting party shall be obliged to remove all implemented Salapoker links. It shall have no right of retention or contest.

c) Salapoker shall be obliged to settle and pay the commissions generated from sales up to then by the 15th of the following month. Salapoker shall be entitled to counterbalance any commissions still open with any claims against the contracting party.

d) After termination of the agreement, the contracting party shall not be entitled to any further refunds or any other claim for compensation against Salapoker.

11. Confidentiality 
a) All information, in particular business and financial, lists of customers and buyers, as well as price and sales information shall be treated confidentially. These details must not be used for own commercial or other purposes, neither directly nor indirectly.

b) This shall not apply to such information that is generally known or may be retrievable via publicly accessible sources, which, however, do not constitute sources of the respective contracting party. Each party shall have the right to pass on this information if ordered by court, if the proliferation of such information is effected to persons who are subject to a statutory duty of secrecy, or if the information is required to be disclosed by law.

c) E-mail addresses and all user data shall only be used for internal purposes. The contracting party shall undertake to comply with the provisions pursuant to the Data Protection Law and the data protection regulations of the Telecommunications Law.

12. Warranty and liability 
a) Salapoker shall guarantee that the Salapoker website is operated within the scope of the current technical possibilities. No liability shall be assumed for any further claims.

b) Moreover, the liability of agents, employees, and persons contracting on behalf of Salapoker shall be limited to intent and gross negligence. Salapoker's liability - for any reason whatsoever - shall be limited to the amount of the commissions paid to the contracting party within the past six months. In the event of termination of the agreement before expiration of the six months, the commission paid until then shall form the basis of the assessment of the damage.

13. Amendments to the agreement
Salapoker reserves the right to change any rules and regulations of this agreement at any time. The partner shall be notified via e-mail of any such change. If the agreement is not terminated within one week of notification of the changes, the changes shall be deemed accepted.

14. Other
a) This agreement shall be governed by Costa Rican law. Any disputes arising hereunder will be settled before a competent court of law in Costa Rica.

b) Any changes and amendments to this agreement have to be made in writing in order to become effective. There are no oral side agreements.

c) Should one of the contractual provisions be or become ineffective, said ineffective provision will be replaced by one which shall come as close as possible to the commercial purpose of the void agreement. All other stipulations of the agreement shall continue in full force and effect.

*Acepto el contrato de afiliación

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