PMU Affiliate Terms & Conditions

Between

PMU, an economic interest group, Paris Trade Register No 775 671 258, with registered office at 2, rue du Professeur Florian Delbarre, 75015 Paris, France (“PMU” or “we”)

And

“You” or “the Affiliate”, i.e. the individual or entity which has been set a “BENEFICIARY” of the payment on the Affiliate Sign Up Form of our Website.

·         The Purpose of this Agreement is to define the conditions of your relationship with us within the framework of our affiliate program.

·         Any changes to this Agreement will be communicated to you in accordance with Clause 1.3 of the Agreement below.

Standard Affiliate Agreement

IMPORTANT PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCEPTING THIS AGREEMENT, THEN PRINT AND STORE ALONG WITH ALL CONFIRMATION EMAILS REFLECTING YOUR TRACKER IDs, BONUS CODES, AND AFFILIATE ACCRUALS.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS (OR ARE NOT AUTHORISED TO DO SO) YOU SHOULD NOT JOIN OUR AFFILIATE NETWORK OR (IF YOU HAVE ALREADY JOINED OUR AFFILIATE NETWORK) EMAIL US AT PmuAffiliation@pmu.fr TO TERMINATE THIS AGREEMENT. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS PLEASE CONTACT US AT THE SAME EMAIL ADDRESS.

These Poker Affiliate T&C, your completed Affiliate Sign Up Form (the "Affiliate Sign Up Form”), our Electronic Marketing Rules, our email validating your registration in our network of affiliates, any other guidelines or additional terms we provide to you via email or our site and the associated Payment Plan (together the "Agreement") contain the complete terms and conditions that apply to your participation in the www.pmu.fr (the “Website”) affiliate network ("Affiliate Network"). In the event there is a conflict between this Agreement and any other additional terms, this Agreement shall take precedence unless such additional terms expressly reference variation to this Agreement.

We can propose, for each Service you subscribe to (poker, sports bets, horseraces bets) two alternative Payment Plans from which you can choose. 

- poker program : Per Sign Up Plan (also known as a 'Cost Per Acquisition' or ´CPA´ Plan). We will notify you the Payment Plan that we propose to you for each Service of the Website you subscribe to.

- sport betting program : Per Sign Up Plan (also known as a 'Cost Per Acquisition' or ´CPA´ Plan). We will notify you the Payment Plan that we propose to you for each Service of the Website you subscribe to.

 

- horse racing program : Per Sign Up Plan (also known as a 'Cost Per Acquisition' or ´CPA´ Plan). We will notify you the Payment Plan that we propose to you for each Service of the Website you subscribe to.

 

 You are entitled to receive Affiliate Accruals calculated on the applicable Payment Plans that are allocated to your Trackers during the term of this Agreement or whilst the applicable Tracker is operational.

The only Affiliate Accruals that you are entitled to receive are those issued from the revenues generated by Tracked Players on our Website, to the exclusion of any other activity on our Website and/or of Tracked Player on any other website.

1. GENERAL

1.1 This Agreement shall govern our relationship with you in relation to the Affiliate Network within the framework of your participation to the Website Affiliate Network.

1.2 When you indicate your acceptance of these terms and conditions on the Affiliate Sign-up Form, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT (as amended or modified from time to time in accordance with Section 1.3 below).

1.3 We may modify any of the terms of this Agreement at any time, in our sole discretion, by emailing you a change notice. Except in the case of modifications relating to fraud prevention or where there is a mistake in the Agreement, which shall be effective on the date of posting or the sending of such notice (whichever is the earlier), all modifications to the Agreement will only take effect 14 days after the date of posting or sending of any such notice (whichever is the earlier). It is your responsibility to visit the Website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE NETWORK FOLLOWING SUCH 14 DAY PERIOD WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION.

1.4 Not withstanding Section 1.3 above, from time to time we may contact you with information regarding specific promotions, unless you notify us otherwise, you will be deemed to have agreed to take part in such promotion and the terms of such promotion shall be incorporated into the applicable Payment Plan and this Agreement for the duration of such promotion.


2. DEFINITIONS AND INTERPRETATION

In this Agreement, references to the following words shall have the meanings set out below:

2.1 "Affiliate Accrual(s)" is the amount due and payable to you within the framework of this Agreement, as calculated based solely on our system´s data and in accordance with the terms of this Agreement and the applicable Payment Plan.

2.2 "Website" means the PMU Website where we propose Services of sports bets, horseraces bets and online poker, at the following url : http://pmu.fr, or any other url which we may alternatively use to replace it from time to time (as well as the web addresses that are owned, operated or controlled by or on behalf of us from time to time) and each of its related pages.

2.3 "Affiliate Area" means the area of the Website that is accessible to you (you may need to access some parts of this area by logging on with the security code we assigned to you when you signed up as a participant in the Affiliate Network and associated password) and that provides certain ´members only´ functionality, including facilities to check relevant statistics, register Sub-affiliates , update your profile, create additional Tracker IDs and bonus codes (if applicable), select banners and/or text links.

2.4 "Banners" and "Text Links" means the graphical artwork or text that includes tracker IDs and bonus codes that are made available by us in the Affiliate Area and that you may use to connect players to our Services from your website (or other electronic method) or using other marketing materials.

2.5 "Brand" means the "PMU" brand or any brand mentioned in Clause 2.14 below, together with any other brands operated by us from time to time.

2.6 "Cost Per Acquisition" (or CPA) means the Per Sign-Up Payment Plan referred to in 2.16 below.

2.7 "Electronic Marketing Rules" means our rules for electronic marketing activities
.

2.8 "Fraud Traffic" means deposits, revenues or traffic generated on the Services through illegal means or any other action committed in bad faith to defraud us (as determined by us in our sole discretion), regardless of whether or not it actually causes us harm, including deposits generated on stolen credit cards, collusion, manipulation of the service or system, bonuses or other promotional abuse, creation of false accounts for the purpose of generating Affiliate Accruals, and unauthorised use of any third-party accounts, copyrights, trademarks and other third-party Intellectual Property Rights (that, for the avoidance of doubt, include our Intellectual Property Rights) and any activity that constitutes Fraud Traffic under 3.7 or 3.9 below.

2.9 "Group" means our member companies and any subsidiary companies of our member companies.

2.10 "Intellectual Property Rights" means rights to all existing and future patents, trademarks, design rights, service marks, trade dress, trade or business names (including domain names), registered designs, copyright (including rights in computer software), moral rights, database rights, format rights and topography rights (whether or not any of these is or are registered and including applications for registration), know-how, trade secrets and rights of confidence and all rights and forms of protection throughout the world of a similar nature or with similar effect to any of these for the full unexpired period of any such rights and any extensions and/or renewals thereof.

2.11 "Marketing Materials" means Banners and Text Links and any other marketing materials (that may include Our Marks - see 2.14 below) that have been provided or otherwise made available to you by us and/or pre-approved by us.

2.12 "Minimum Required Deposit" means the minimum amount required to open a Player Account as indicated on the Site. Such deposits must then add up to a cumulative deposit for each player in order to satisfy the qualifying criteria (currently set at EUR5). Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the amounts mentioned within this Clause 2.12 in accordance with the provisions of Clause 1.3. All amounts are calculated in Euros and may be converted into alternative currencies as indicated on the Website at a rate determined by us from time to time.

2.13 "Monthly Gross Revenue" (or "MGR") means the Percentage Payment Plan described in 2.16 below.

2.14 "Our Marks" means the words  “PMU”, "PMUPOKER”, “
PMU.fr", "Simple", "Couplé, "Trio", "Tiercé", "Quarté", "Quinté", "2sur4", "Multi ", "Flexi", "SpOt", "Flexi", "Club PMU"  and/or any logo, mark, domain name or trade name that contains, is confusingly similar to or is comprised of Our Marks or any other name or mark owned from time to time by us or any company within the Group.

2.15 "PMU Poker Points"" shall mean the bonus system explained in greater detail here
.

2.16 "Payment Plan" means the payment plan you have accepted under which we pay you either:

  1. a share of certain revenues generated by Tracked Players as outlined in the specific Payment Plan as set out in the Commissions page ("Percentage Payment Plan"), or
  2. a plan where we pay you based on the number of Tracked Players that you introduce via your Tracker ID and/or Bonus Code as set out in the Commissions page ("Per Sign-up Plan"), or
  3. any other plan notified or agreed by us in writing from time to time.

2.17 "Player(s)" means any person using any products or services on our Sites whether attached to your Tracker or not;

 

2.18 "Player Account" means a uniquely assigned account that is created for a Player when he/she successfully registers for the Services via a Tracking URL or Sign-up Bonus Code.

 

2.19 "Tracked Player(s)" means any person who is attached to your Tracker (or if applicable, your Sub-Affiliate Tracker) who: (i) has not been a Player with us before; (ii) meets all conditions to open an account; (iii) has made the Minimum Required Deposit; (iv) is accepted as a player under any applicable sign up or identity verification procedure which we may require; and, regarding Poker Service (v) has accumulated the required number of PMU Poker Points indicated on the Website; and for any Service offered on our Website (vi) has adequately fulfilled any other qualification criteria that we may introduce from time to time. Notwithstanding any other provisions contained elsewhere in this Agreement, we reserve the right to alter the above-mentioned qualifying criteria in accordance with the provisions of Clause 1.3.

 

2.20"Services" means any product or service offered to Players on our Sites.

 

2.21 A "Sign-up Bonus Code" is a unique alphanumeric code that we may make available to you to provide to prospective Players. When entered, the system automatically logs the Sign-up Bonus Codes and records you as the Affiliate in relation to the relevant Player.

 

2.22 "Sites" means the websites and any other online site or platform that are owned, operated or controlled by or on behalf of us from time to time and each of its related pages through which a Player opens a Player Account and/or accesses our Services.

 

2.23 "Spam" means any email or other electronic communication you send that markets, promotes or that otherwise refers to us, the Site or our Services from time to time, or that contains any Marketing Materials, Our Marks or Trackers and that breaches our Electronic Marketing Rules. 

2.24 "Sub-affiliate" means a person that you have referred to (and that has successfully joined) our Affiliate Network in accordance with the terms of this Agreement.

 

2.25 "Sub-affiliate Accruals" means the Affiliate Accruals due to any Sub-affiliate as set out in their chosen Payment Plan.

 

2.26 "Term" means the period from the date of sending by PMU, to the email address indicated on the Affiliate Sign-Up Form, of the email of validation of your registration to the Affiliate Network, until such time as this Agreement expires or is terminated in accordance with its terms.

2.27 "Tracker(s)" means the unique Tracking URL or Sign-up Bonus Codes that we provide exclusively to you, through which we track Players´ and Tracked Players´ activities and calculate Affiliate Accruals.

2.28 "Tracking URL" means a unique hyperlink or other linking tool for referencing our Site or Services through which you refer potential Tracked Players. When the relevant Player opens their Player Account, our system automatically logs the Tracking URL and records you as the Affiliate.

2.29 "Intangible assets" means any item whatever its form, consisting or appearing on our Website, such as but not limited to: Service, data, writing, video, graphical item, audio, visual, graphical charter, look & feel, architecture, organisation, programme, database, software.


2.30 In this Agreement (except where the context otherwise requires):

  1. 1. The clause headings are included for convenience only and shall not affect the interpretation of this Agreement;
  2. 2. Any phrase introduced by the terms "including", "include", “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
  3. 3. Any reference to "persons" includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, governmental or state agencies, foundations and trusts (in each case whether or not having separate legal personality and irrespective of the jurisdiction in or under the law of which it was incorporated or exists);
  4. 4. Any reference to a legal or regulatory legislation ("legislation") is a reference to that legislation and all other subordinate legislation made under the relevant legislation as amended and in force from time to time and to any legislation that re-enacts or consolidates (with or without modification) any such legislation.

2.30 This Agreement is drafted in the French language. If this Agreement is translated into another language, the French language text shall in any event prevail.

3. TERMS & CONDITIONS

3.1 Identity and Disclosure. You shall provide true and complete information to us when completing the Affiliate Sign-up Form and promptly update such information if all or any part of it changes. You shall also provide us with such other information as we may reasonably request from time to time. If you are a natural person, you must be full age in your own country and in all case over 18 and fully able to take an undertaking. Otherwise your registration will not be valid.

3.2 Marketing Activities and Responsibilities. You shall market to and refer potential Tracked Players to the Sites. You will be solely liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws (including any laws in relation to the content and nature of any advertising or marketing) and otherwise comply with the terms of this Agreement. You shall not yourself, nor shall you authorize, assist or encourage any third party to:

3.2.1 Place Marketing Materials on any online site or other medium where the content and/or material on such website or medium is potentially libellous, malicious, discriminatory, obscene, unlawful, sexually explicit, pornographic or violent or that is, more generally, contrary to applicable legislation.

3.2.2 Develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the targeting of marketing of us, the Sites and/or the Website to any persons who are less than 18 years of age (or such higher age as may apply in the jurisdiction that you are targeting), regardless of the age of majority in the location where you are marketing.

3.2.3 Breach the Electronic Marketing Rules.

3.2.4 Use Marketing Materials in a manner that may potentially confuse a Player or potential Player.

3.2.5 Place Marketing Materials on any online site or other medium where the content and/or material on such online site or medium:

    1. Infringes any third party´s Intellectual Property Rights
    2. Copies or resembles the Site in whole or in part
    3. Disparages us or otherwise damages our goodwill or reputation in any way
    4. Frames or reproduces in any form any page of the Site in whole or in part

3.2.6 Read, intercept, modify, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any other person.

3.2.7 In any way alter, redirect or in any way interfere with the operation or accessibility of the Sites or any page thereof.

3.2.8 Register as a Player on behalf of any third party, or authorize or assist (save by promoting the Site and Services in accordance with this Agreement) any other person to register as a Player.

3.2.9 Offer any so-called rake-back schemes, bonus or similar that offer or allow a proportion of the player´s rake to be returned to the player in any form or infringes any applicable law or regulation regarding payout to customers or equality amongst punters.

3.2.10 Take any action that could reasonably cause any end-user confusion as to our relationship with you or any third party, or as to the ownership or operation of the site or service on which any functions or transactions are occurring.

3.2.11 Post, serve or publish any advertisements, communications or promotional content promoting the Site, our Services or Our Marks around or in conjunction with the display of the Site and/or any part or page thereof (for example and without limitation through any "framing" technique or technology or pop-up windows or pop-under windows or interstitials);

3.2.12 Cause any of the Sites (or any parts or pages thereof) to open in a visitor´s browser or anywhere else used for accessing the Services other than as a result of the visitor clicking on Banners or Text Links contained in or as part of any Marketing Materials;

3.2.13 Attempt to intercept or redirect (including via user-installed software) traffic from or on any online site or other place that participates in our Affiliate Network;

3.2.14 Use any means to promote any of the Sites that resemble in any way the look and/or feel of any of the Sites whether in whole or in part, nor utilise any such means or site to create the impression that such sites are the Sites (or any part of the Sites);

3.2.15 Violate the terms of use and any applicable policies of any search engines or the customer feedback facilities of e-tailers; or

3.2.16 Attempt to communicate to Players whether directly or indirectly on our Site to solicit them to move to any online site not owned by us or for other purposes without our prior approval including but not limited to via email, chat boards, or spamming our tables.

3.2.17 Attempt to market or promote our Services (or any specified part thereof) or Site within other territories than French territories; to attempt to circumvent any restriction which we have put in place to prevent players from restricted territories from signing up as Tracked Players; or attempt to disguise to geographical location of a Player.

If we determine that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any Affiliate Accruals and/or terminate this Agreement immediately on notice.

3.3 Approved Marketing Materials. In providing the marketing activities referred to in Section 3.2, you shall only use the Marketing Materials. You shall not modify the Marketing Materials or Our Marks in any way without our prior written consent. You shall only use the Marketing Materials in accordance with the terms of this Agreement, any guidelines we provide to you on our Site or otherwise from time to time and any applicable laws. We may charge you for the cost of any CDs and other customised promotional materials provided to you at your request and such costs may be deducted from your Affiliate Accruals. During the term of this Agreement, we grant you a non-exclusive, non-transferable right to use the Marketing Materials for the sole purpose of fulfilling your obligations under this Agreement.

3.4 Competitive Marketing. You shall not market the Site and/or us or our Services or Our Marks in any way whatsoever, unless such activities are approved in writing by us (i) on any website on which we promote any of the Sites; (ii) on or through any Internet search engine on or through which we promote any of the Sites; and (iii) in any other manner that results in you competing with us in relation to the promotion of any of the Sites or (iv) otherwise where we request that you cease the same.

3.5 Non Assignment. Without prejudice to Section 8.6, you acknowledge and agree that Trackers are for your sole use and you shall not assign or sub-license (as appropriate) the Tracker IDs, Bonus Codes nor any Affiliate Accruals to any third party without our prior written consent.

3.6 Sub-affiliates. You may refer other persons to us so that they may also apply to join our Affiliate Network.

If any such person successfully joins our Affiliate Network, we will pay you in respect of the activities of such Sub-affiliate in accordance with the Payment Plan, provided that you register them through the "Register Sub-affiliate" function within the Affiliate Area of the Website. You will only receive credit for sub-affiliates that comply with all applicable terms of this Agreement. Any person registered as an Affiliate cannot subsequently be reclassified as a Sub-affiliate. You shall not:

  1. Register yourself or any person controlled by you as your own Sub-affiliate
  2. Use fictitious or alias names for the registration of Sub-affiliates
  3. Offer any type of enticement of money or otherwise of monetary value or otherwise to potential Sub-affiliates unless such enticements are approved in writing by us, including any so-called rake-back schemes where a proportion of the player´s rake is returned to the player in any form
  4. Attempt to introduce any addition or variation to our terms in relation to any potential Sub-affiliate
  5. Receive Payment on behalf of your Sub-affiliate(s) and for the avoidance of doubt, the payment and contractual relationship in regard to the Affiliate Network shall remain between the Sub-affiliate and us.

You are not entitled to lease, transfer, or in any way make any third party benefit from our Affiliate Network, or of part of all of the rights and obligations in relation thereto, in any way whatsoever, or to make in any form a sub-affiliate network of our affiliation programme.

3.7 Commercial Use Only. This marketing opportunity is for commercial use only. You shall not register as a Player or make deposits to any Player Account (directly or indirectly) through your Tracker(s) (or any Sub-affiliate´s tracker(s)) for your own personal use and/or the use of your relatives, friends, employees, agents or advisors, or otherwise attempt to artificially increase the Affiliate Accruals payable to you or to defraud us. Violation of this provision shall be deemed to be Fraud Traffic.

3.8 Player Information. We reserve the right to refuse service to any potential Player and to close the Player Account of any Player, at any time, in our sole discretion. All data relating to the Players shall, as between you and us, remain our exclusive property and you acquire no right to such information except pursuant to our express written instructions.

3.9 Trademarks, IPR and Domain Names. You acknowledge that PMU, the entities within the Group and our licensors, own all Intellectual Property Rights comprised in any and all of the Marketing Materials, our Services, the Site, Intangible Assets and Our Mark. Any use of any trade mark, domain name or trade name that contains, is confusingly similar to or is comprised of Our Mark, Services, Marketing Materials, Site or Intangible Assets (other than in accordance with the terms of this Agreement) without our prior written permission shall be unauthorized and further may constitute Fraud Traffic. By way of example, but without limitation, YOU MAY NOT REGISTER A DOMAIN NAME THAT INCLUDES OUR MARKS OR MARKS CONFUSINGLY SIMILAR TO OUR MARKS. You agree that all use by you of Our Mark, Services, Marketing Materials, Site or Intangible Assets including any use of a domain name that includes Our Mark, Services, Marketing Materials, Site or Intangible Assets or marks confusingly similar to our Marks, Services, Marketing Materials, Site or Intangible Assets inures to our sole benefit and that you will not obtain any rights in Our Mark, Services, Marketing Materials, Site or Intangible Assets as a result of such use. You shall not register or attempt to register any trade marks or names that contain, are confusingly similar to or are comprised of Our Mark, Services, Marketing Materials, Site or Intangible Assets. You hereby agree to transfer, free of charge for us and all fees bear by you, any domain names or trade mark application or registrations in respect of Our Mark, Services, Marketing Materials, Site or Intangible Assets or marks confusingly similar to Our Mark, Services, Marketing Materials, Site or Intangible Assets you may hold or control to us upon demand. You further agree not to attack or challenge our ownership of and title to Our Mark, Services, Marketing Materials, Site or Intangible Assets in any way.

3.10 Group employees.  If you are a representative, manager, employee, consultant or agent of the Group, or any subsidiary or company associated to the Group, or provider, you are not entitled to participate to the Affiliates Network, or to use directly or indirectly any Website for any other need than the fulfilment of your duties as an employee of the Group. Identically, the “relatives” of Group employees are not allowed to participate to the Affiliates Network, directly or indirectly. “Relatives” includes, without limitation, at least the spouse, husband/wife, parents, siblings, children.

4. REPORTS & PAYMENTS

4.1 Reports. We will track and report Player activity for purposes of calculating your Affiliate Accruals based on your chosen Payment Plan. The form, content and frequency of the reports may vary from time to time in our sole discretion. Generally, you will receive a monthly report with your payment indicating the number of new Tracked Players that signed up that month per Tracker and/or the total amount due to you after any deductions or set offs that we are entitled to make under this Agreement. In addition, daily reports may be available online for you to view new Tracked Players per Tracker. We hereby exclude any and all liability for the accuracy or completeness of any such reports.

4.2 Affiliate Accruals. Subject to Section 4.4 below, Affiliate Accruals will be paid to you on a calendar month basis in accordance with your Payment Plan which we have notified, and/or where we have activated additional Trackers. We may convert any Payment Plan and any associated Trackers provided hereunder from a Percentage Payment Plan to a Per Sign-up Payment Plan or vice versa or to any other Payment Plan that we may operate from time to time, at any time, on notice to you in accordance with Section 1.3.

4.3 Sub-affiliate Accruals. Subject to Section 3.6, you will receive, in accordance with the Payment Plan and Section 4.4 below, your commission on the Affiliate Accruals due and payable to your Sub-affiliate(s) for Real Money Players they refer to our Sites.

4.4 Minimum Payment and Time of Payment. All Affiliate Accruals generated through your chosen Payment Plan will be paid into your bank account as indicated by you on the Affiliate Sign-Up Form, within sixty (60) days of the close of each calendar month and in accordance with the thresholds indicated on the Commission page.

The Affiliate accepts the “auto-invoicing” and empowers PMU to issue invoices for the Affiliate’s account, which means that PMU will create your invoice for the Affiliate’s account, depending on the Affiliate Accrual generated by you. This invoice is made available in the Affiliate Area and you must send it to PmuAffiliation@pmu.fr. If applicable, VAT will be added to the mentioned sums. 

4.5 Holdover for Fraud Traffic. In the event that, in our sole discretion, we suspect any Fraud Traffic, then we may delay payment of the Affiliate Accruals to you for up to one hundred and eighty (180) days while we investigate and verify the relevant transactions. We are not obligated to pay Affiliate Accruals in respect of Tracked Players who are not verifiably who they claim to be or are otherwise involved with Fraud Traffic. In the event that we determine any activity to constitute Fraud Traffic, or to otherwise be in contravention of this Agreement, then in our sole discretion we may: (i) pay in full, or not, the Affiliate Accruals generated within the framework of Fraud Traffic (as appropriate) and/or (ii) recalculate them in light of such suspected Fraud Traffic.

4.6 Method of Payment. All payments to you will be due and payable in Euros or such other currency as we will determine, regardless of the currency any Players assigned to your Tracker may have played in. Payment will be made by wire or any other method as we in our sole discretion decide; however, we will use reasonable endeavours to accommodate your preferred payment method. Charges for wires or courier charges for cheques will be covered by you and deducted from your Affiliate Accruals. For the avoidance of doubt, we have no liability to pay any currency conversion charges or any charges associated with the transfer of monies to your bank account. The wire will be made directly on you bank account. The Affiliate must hence indicate on the Affiliate Sign-Up Form, and update if necessary on the Website, all information regarding its bank account, and especially the name and agency, the SWIFT code of its bank agency and the full bank account particulars of its bank account.

4.7 Player Tracking. You understand and agree that potential Tracked Players must link through using your Tracker ID or use your sign-up bonus code in order for you to receive Affiliate Accruals. In no event are we liable for your failure to use Trackers or for potential Tracked Player´s failure to properly enter valid Sign-up Bonus Codes. Notwithstanding any other provision herein, we may at any time and in our sole discretion alter our tracking system and reporting format.

4.8 Disputes. If you disagree with the monthly reports or amount payable, do NOT accept payment for such amount and immediately send us written notice of your dispute. Dispute notices must be received within thirty (30) days of our making available your monthly report or your right to dispute such report or payment will be deemed waived and you shall have no claims in such regard. Further, deposit of payment cheque, acceptance of payment transfer or acceptance of other payment from us by you will be deemed full and final settlement of Affiliate Accruals due for the month indicated. Notwithstanding the foregoing, if any overpayment is made in the calculation of your Affiliate Accruals, we reserve the right to correct such calculation at any time and to reclaim from you any overpayment made by us to you.

4.9 Money Laundering. You shall comply with all applicable laws and any policy notified by us through our Site or otherwise in relation to money laundering and/or the proceeds of crime.

4.10 Taxation. All taxes due in connection with any payments to you are your sole liability. You are responsible for complying with the rules, if any, for registering for and paying income tax and similar taxes in respect of your income from this agreement and for collecting and paying the income tax and social security contributions in respect of your staff, if you have any staff. If Value Added Tax (VAT) or any other sales tax or turnover tax is chargeable, you are responsible for complying with the rules, if any, for registering for the tax and collecting and paying tax in the country where the services are provided and you acknowledge that the payments that you receive shall be deemed to include all VAT or sales tax or turnover tax.

5. TERM AND TERMINATION

5.1 Term and Termination. This Agreement will take effect when you indicate your acceptance of these terms and conditions on the Affiliate Sign-up Form and continue until terminated in accordance with the terms of this Agreement.

5.2 Termination By You. You may terminate this Agreement, with or without cause, immediately upon written notice to us that you may send by email marked "Termination PMU Affiliate" to PmuAffiliation@pmu.fr.

5.3 Termination By Us. We may terminate this Agreement or without terminating this Agreement as a whole, any specific Trackers, without cause, upon providing you with 15-days prior written notice that we may send by email to such email address you have provided to us or by fax to such fax number you may have provided to us. In the event we terminate the Agreement as a whole, we shall be entitled to automatically render any Trackers inoperative. For the avoidance of doubt, on termination of this Agreement you will no longer receive any Affiliate Accruals. If we terminate a specific Tracker, you will no longer receive any Affiliate Accruals through that Tracker; however, your remaining Trackers will not be affected.

5.4 Suspension By Us. In any circumstance where we are entitled to terminate this Agreement or terminate any specific Tracker, we may at our sole discretion and without prejudice to our further rights and remedies, suspend the Agreement or any specific Tracker. During the period of any suspension, we may withhold the payment of any Affiliate Accruals that relate to any affected Trackers. Payment of any withheld Affiliate Accruals will be made to you on the lifting of the suspension.

5.5 Effect of Termination. The following will apply where we terminate:

  1. You shall stop promoting the Sites and all rights and licenses given to you under this Agreement will terminate immediately.
  2. You shall return all confidential information and cease use of any of Our Marks and the Marketing Materials.
  3. We may leave open, redirect or deactivate any Trackers in our sole discretion without any obligation to pay you for Players who subsequently become Tracked Players.
  4. Provided that we have paid or do pay to you such sums as are due at the date of termination and that shall be subject to any rights we have to make deductions hereunder, we will have no further liability to pay you any further sums.
  5. Sections 2, 3.5, 3.8, 4.5, 5.4, 6, 7 and 8 and such other provisions as are necessary for the interpretation or enforcement of this Agreement shall survive any termination or expiry of this Agreement.

5.7 As a material undertaking under the Agreement, you acknowledge and agree that the relationships within the framework of this Agreement are only for a limited period of time and may be terminated at any time. It is your sole liability to terminate the Agreement in the event your participation to the Affiliate Network is an important part of your turnover, revenue or business.

6. LIABILITIES

6.1 No Warranties. WITHOUT PREJUDICE TO THE RIGHTS OF NON-PROFESSIONALS, WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE NETWORK, OUR SERVICE, OUR WEBSITE OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITE, THE WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE. We shall in no event be liable of the legality of our Affiliate Network, affiliate programme, Website or Services in any country other than France. You are the sole and exclusive liable for your participation to our Affiliate Network, and must keep us and our Group harmless of any consequence and damages in relation thereto, if your website is located on a server elsewhere than in France, or if you are established in or register from another country than France.

6.2 Billing and Collection Limitations. We may, in our sole discretion, use any available means to block, restrict, remove or discount from your tracker certain Tracked Players, deposits or play patterns or reject the applications of potential Tracked Players and/or Affiliates so as to reduce the number of fraudulent transactions. We do not guarantee, represent or warrant the consistent application and/or success of any fraud prevention efforts.

6.3 Liability Limitations. Our obligations under this Agreement do not constitute personal obligations of the owners, directors, officers, agents, employees, vendors or suppliers of the Site or Services other than as provided under this Agreement. Other than as expressly provided in this Agreement, in no event will we be liable for any indirect, special, incidental, consequential or punitive loss or damage of any kind (regardless of whether we have been advised of the possibility of such loss) including any opportunity cost, loss of business, revenue, profits or data. Our liability arising under this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way shall only be for direct damages exclusively resulting from our default, and shall not exceed the Affiliate Accruals generated and payable to you in relation to the Site over the previous 12 months at the time that the event giving rise to the liability arises. However, nothing in this Agreement will operate to exclude or limit either party´s liability for death or personal injury arising as a result of that party´s negligence or for fraud. The provisions of this paragraph are without prejudice to the rights of non-professionals.

6.4 Indemnification. You shall defend, indemnify and hold us and our officers, directors, employees and representatives harmless on demand from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including reasonable legal fees) resulting or arising (directly or indirectly) from your breach of this Agreement.

6.5 Set off. Without prejudice to any other rights or remedies available to us under this Agreement or otherwise, we shall be entitled to set off any payments otherwise payable by us to you hereunder, against any liability of you to us, including any claims we have against you resulting from or arising from, your breach of this Agreement.

7. INDEPENDENT INVESTIGATION

7.1 Independent Investigation. YOU WARRANT THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF MARKETING THE SITE OR SERVICES.

7.2 Independent Research. YOU UNDERSTAND THAT GAMBLING LAWS MAY VARY FROM CITY TO CITY, STATE TO STATE AND COUNTRY TO COUNTRY. YOU WARRANT THAT YOU HAVE INDEPENDENTLY AND WITH FULL COMPREHENSION AND KKNOWLEDGE EVALUATED THE LAWS THAT APPLY TO YOUR ACTIVITIES AND BELIEVE THAT YOU MAY PARTICIPATE IN OUR AFFILIATE NETWORK WITHOUT VIOLATING ANY APPLICABLE RULES OR LAWS.

8. MISCELLANEOUS

8.1 Notices. All notices pertaining to this Agreement will be given by email as follows: to you at the email address provided by you on the Affiliate Sign-up Form (or as subsequently updated by you to us in the event of change), and to us; if unsatisfied with the response, then to claims. Any notice sent by email shall be deemed received on the earlier of an acknowledgement being sent or twenty-four (24) hours from the time of transmission.

8.2 Relationship of Parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement.

8.3 Non-Exclusive. You understand that we may at any time (directly or indirectly), enter into marketing terms with other Affiliates on the same or different terms as those provided to you in this Agreement and that such Affiliates may be similar, and even competitive, to you. You understand that we may re-direct traffic and users from any of the Sites to any other online site that we deem appropriate in our sole discretion, without any additional compensation to you.

8.4 Confidentiality and Non Disclosure. As an Affiliate, you may receive confidential information from us, including confidential information as to our marketing plans, marketing concepts, structure and payments. This information is confidential to us and constitutes our proprietary trade secrets. You shall not disclose this information to third parties or use such information other than for the purposes of this Agreement without our prior written consent, save as expressly required by law (provided that any such disclosure is only to the extent so required).

8.5 Press. You may not issue any press release or other communication to the public with respect to this Agreement, Our Marks or your participation in this Affiliate Network without our prior written consent, except as required by law or by any legal or regulatory authority.

8.6 Assignment. Except where you have received our prior written consent, you may not assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this Agreement or any rights under this Agreement, or sub-contract any or all of your obligations under this Agreement, or purport to do any of the same. Any purported assignment in breach of this clause shall confer no rights on the purported assignee.

8.7 Governing Law. This Agreement (including any variation or modification thereto) shall be deemed executed in France and shall be governed by and construed in accordance with the laws of France without giving effect to conflicts of law principles. To the extent permitted by law, you irrevocably agree that, subject as provided below, the courts of France shall have exclusive jurisdiction to determine any claim, dispute or matter arising out of, or in connection with, or concerning this Agreement or its enforceability and you waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum. Nothing in this clause shall limit the right of us to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

8.8 Severability. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal 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 other provision hereof.

8.9 Entire Agreement. This Agreement embodies the complete agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes any prior or subsequent oral or written agreement or understanding between the parties in relation to such subject matter save in respect of modification to this Agreement provided by us to you in accordance with Section 1.3 above. Each of the parties acknowledges and agrees that in entering into this Agreement, it has not relied on any statement, representation, guarantee warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than as expressly set out in the Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies that, but for this clause, it might otherwise have had in relation to any of the foregoing. Nothing in this Section shall limit or exclude any liability for fraud.

8.10 Default Interest. Subject to Section 6.5, if we fail to pay you by the due date any amount payable by us under this Agreement, you shall be entitled but not obliged to charge us interest on the overdue amount, from the due date up to the date of actual payment, at the rate of three times the legal interest rate applicable in France (or any replacement rate that would be set out under Article L 441-6 of the Code de Commerce).

8.11 No Waiver By Us. If there is a breach of any provision of this Agreement, it shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.12 By entering into this Agreement, you acknowledge and agree that information and personal data relating to you, your employees and/or clients, which you provide within the framework of the Agreement, can be used by us or our subcontractors, service providers, partners, regulation authorities or representatives within the framework of the provision or support of the Services. You confirm your obligations to inform your employees and clients, and all relevant persons, of this processing of personal data, and you represent and warrant that all such persons have agreed to this processing, in accordance with applicable legislation regarding personal data. You acknowledge and agree to the publication and display of your name and website address on our Website, and that we may send you promotional or information documents to the e-mail address of the Affiliate, as well as the use of information provided by you for marketing purposes.

PMU – Last modified: 19 July 2012.

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