This agreement (the «Agreement») contains the complete terms and conditions between KKPoker (a company incorporated in the Isle of Man with company number 017019V having its registered office at 49 Victoria Street, Douglas, IM1 2LD, Isle of Man) (the «Company»), and you («you» and «your»), regarding:

(i) your application to participate as an affiliate in the Company’s affiliate marketing programme (the «Affiliate Programme»); and

(ii) your participation in the Affiliate Programme and provision of the marketing services in respect of the Sites (defined below).

Terms used but not defined herein shall have the respective meanings given to them in the Terms of Service or the Game Rules, as the case may be.

Please note that in certain exceptional countries and territories as well as those where the Company has retained an exclusive distributor for marketing and distributing KKPoker, including but not limited to those as set out in Schedule 1, the Company may, in its sole discretion, prohibit, disallow or stop you from being a Club Host at any time for any reason. Thereafter the abilities granted to you in KKPoker are subject to the Company’s arrangement and sole discretion. Should you have any enquiries on such matters, please contact us for more information.

The Company reserves the right to amend the list in Schedule 1 in its absolute discretion with immediate effect and without an obligation to provide you with notice and the Company shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by the Company in this regard. The Company encourages you to visit KKPoker regularly and check the provisions in the version of the Agreement in force at such time.

By clicking the «Confirm» box (or similar wording) you accept the terms and conditions of this Agreement.

1. DEFINITIONS AND INTERPRETATION

1.1 In this Agreement (except where the context otherwise requires) capitalised words and expressions shall have the meanings set out below:

(i) «Affiliate Website» means any website (including any device specific versions of such website) or application owned and/or operated by you or on your behalf;

(ii) «Applicable Laws» means all applicable laws, directives, regulations, rules, mandatory codes of practice and/or conduct, judgments, judicial orders, ordinances and decrees imposed by law or any competent governmental or regulatory authority or agency;

(iii) «Application» has the meaning given in clause 2.1;

(iv) «Club» means a poker club established within the Sites;

(v) «Club Agent» means any sub-affiliate(s) introduced by the Club Host to the Club;

(vi) «Club Host» means a KKPoker account holder who establishes a Club;

(vii) «Club ID» means a unique, numeric or alphanumeric string that is associated with a Club within the Sites;

(viii) «Club Manager» means, with respect to a Club, a Member who has been granted the ability to arrange and cancel Games, configure the parameters of Games, schedule the start times of Games, and otherwise act in an administrative capacity in relation to Games;

(ix) «Commission» has the meaning given in clause 5.1;

(x) «Confidential Information» means all information in whatever form (including without limitation written, oral, visual and electronic) which has been or may be disclosed, before on and/or after the date of this Agreement by the Company;

(xi) «Game» means any game that runs in a Club within the Sites, regardless of its format or rules;

(xii) «Gross Revenue» has the meaning given in clause ‎5.2;

(xiii) «Group Company» means any entity directly or indirectly controlling, controlled by, or under common control with the Company. For the purpose of this definition, «control» (including, with correlative meanings, the terms «controlling», «controlled by» and «under common control with») means the power to manage or direct the affairs of the entity in question, whether by ownership of voting securities, by contract or otherwise;

(xiv) «Intellectual Property Rights» means any and all copyright and related rights, designs, trade marks, trade names, internet domain names, insignia, service marks, patents, database rights, inventions and discoveries and all other intellectual and industrial property rights of a similar or corresponding nature in any of the relevant territories, in each case whether registered or unregistered, and including the right to apply for and all applications for any of the foregoing together with all statutory, equitable and common law rights attaching thereto in any applicable territories, including the right to sue for damages (and retain such damages) and all other legal and equitable remedies in respect of any infringement or misuse of any of such intellectual and industrial property or rights of a similar nature;

(xv) «Invite Code» means, for the purpose of inviting other KKPoker account holders to join a Club as Members, (1) its Club ID; and (2) a unique identifier associated with that Club;

(xvi) «KKPoker» means the real-money gaming app owned and operated by the Company;

(xvii) «Lead» has the meaning given in clause 4.1;

(xviii) «Licensed Materials» has the meaning given in clause 6.1;

(xix) «Links» has the meaning given in clause 3.1;

(xx) «Member» means, with respect to a Club, a KKPoker account holder who is a member of a Club but is not the Club Host, Club Manager or Club Agent;

(xxi) “Prohibited Practices” has the meaning given in clause 7.5;

(xxii) «Regulator» means any governmental, regulatory and administrative authorities, agencies, commissions, boards, bodies and officials or other regulatory body or agency that has jurisdiction over (or is responsible for or involved in the regulation of) the Company or Group Companies from time to time;

(xxiii) «Sites» means the websites (including any device specific versions of such websites) and applications owned and/or operated by the Company or any of the Group Companies as set out at / and any other website or application notified to you from time to time.

2. AFFILIATE APPLICATION AND ENROLMENT

2.1 To become an affiliate within the Affiliate Programme, you will have to complete and submit a KKPoker account registration (which can be accessed here: https://kkpoker.club or within the app) and pass all Know-Your-Customer (KYC) verifications, the successful completion of which will automatically qualify you as an affiliate (the «Application»). The Company may request your personal information in order to evaluate your Application. The Company may, in its sole discretion, reject your Application to the Affiliate Programme at any time for any reason. This Agreement shall terminate automatically upon notification of any rejection to you.

2.2 Without limiting the generality of the foregoing, the Company may reject your Application if the Company believes:

(i) the marketing methods and/or Affiliate Websites are unsuitable for any reason;

(ii) the Affiliate Websites include any content which the Company deems to be unlawful, harmful, threatening, defamatory, obscene, or harassing. By way of example only, this might mean that it contains: (a) sexually explicit, pornographic or obscene content (whether in text or graphics); (b) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libellous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise); (c) graphic violence; (d) politically sensitive or controversial issues; or (e) any unlawful behaviour or conduct;

(iii) any of your Affiliate Website(s) are designed to distribute or promote any spyware, adware, trojans, viruses, worms, spybots, keyloggers or any other form of malware;

(iv) any of your Affiliate Website(s) are designed to appeal to individuals under the age of 18; or

(v) you may be in breach of, or may be likely to breach, any Applicable Laws, the anti-bribery or corruption obligations specified in clause ‎16.