Affiliate Program Terms & Conditions

1. Eligibility

1.1 You must have a valid PokerBrain account in good standing and be at least 18 years old (or the age of majority in your jurisdiction).

1.2 Every eligible player is automatically enrolled in the Program and issued a unique referral code. Enrollment does not guarantee any earnings.

1.3 The Program is void where prohibited or restricted by law. You are responsible for ensuring your participation is lawful in your jurisdiction.

1.4 We may decline, suspend, or terminate any Affiliate at our sole discretion, including for any conduct described in Section 8.

2. Referral Codes and Links

2.1 You are assigned a referral code (e.g., ABC123) and a corresponding share link. You may share your code or link through lawful, permitted channels.

2.2 A referral is only valid when a new user applies your code or link before purchasing a subscription, and the system successfully records the referral.

2.3 One referral per referred device/account. Each referred user may be attributed to only one Affiliate, and only once. The first valid attribution controls; subsequent attempts are disregarded.

2.4 No self-referral. You may not use your own referral code, and you may not refer accounts or devices that you own, control, or operate. Such attempts will be rejected and may result in termination.

2.5 You have no ownership rights in your code, link, or any PokerBrain trademarks. We may change, reset, or revoke codes at any time.

3. Qualifying Conversions and Commissions

3.1 You earn a commission only when a user you validly referred completes a paid subscription purchase through an approved in-app purchase channel (a "Qualifying Conversion").

3.2 The commission amount for a Qualifying Conversion is determined by the reward terms in effect and assigned to your account at the time the conversion is recorded. Commissions may be structured as a fixed dollar amount or a percentage of the subscription's list price, and may differ by subscription plan (e.g., monthly, quarterly, annual).

3.3 The commission for each Qualifying Conversion is locked at the value calculated when the conversion is recorded. Trials, promotional pricing, taxes, platform fees, currency conversion, and discounts may reduce or eliminate the amount on which a commission is calculated.

3.4 Rates are subject to change. We may add, modify, reduce, or discontinue any reward amount, percentage, plan eligibility, or other Program term at any time, with or without notice. Changes apply prospectively to conversions recorded after the change takes effect and do not entitle you to any particular rate going forward.

3.5 Commissions are denominated and paid in U.S. dollars (USD).

3.6 No cap statements are promises of future earnings. Any statement that there is "no cap" on earnings describes the absence of an upper limit under current terms only; it is not a guarantee of any amount of earnings, conversions, or rates.

4. Holding Period and Payout Eligibility

4.1 Holding period. Each commission is subject to a holding period that begins when the referred subscription is recorded as paid. A commission becomes "available" for payout only after its holding period has elapsed. The holding period exists to account for refunds, chargebacks, cancellations, and fraud review, and its length may be changed by us at any time and is applied based on the current setting at the time of your payout request.

4.2 Minimum payout threshold. You may request a payout only when your eligible (aged) available balance meets or exceeds the minimum payout threshold then in effect for your account. We may change the threshold, and may set different thresholds for individual Affiliates, at our discretion.

4.3 Payment method required. You must have a valid payout method on file (see Section 5) before requesting a payout.

4.4 Payout requests. When you request a payout, only commissions that have cleared the holding period and meet the threshold are included. Commissions still within the holding period remain pending and are not paid until they become eligible. Requesting a payout does not guarantee payment if a commission is later reversed under Section 6.

5. Payment Methods

5.1 You may designate one payout method: a PayPal email address or a Venmo handle. Saving a new method replaces any previously saved method.

5.2 You are solely responsible for the accuracy of your payout details. We are not liable for payments sent to an incorrect, outdated, or unverified address or handle that you provided.

5.3 You are responsible for any fees charged by the payment provider and for maintaining an account capable of receiving funds. PayPal and Venmo are third-party services governed by their own terms; we are not responsible for their availability or actions.

5.4 We may require identity verification before issuing any payout and may withhold payment until verification is complete.

6. Reversals, Refunds, and Chargebacks

6.1 If a referred subscription is refunded, charged back, cancelled, reversed, or otherwise determined to be invalid or fraudulent, the associated commission is void, whether or not it has been requested or paid.

6.2 If a voided commission has already been paid to you, we may offset the amount against your future commissions or require repayment. You agree to repay any overpaid, erroneous, or void amounts upon request.

6.3 We reserve the right to withhold, adjust, or reverse commissions to account for suspected fraud, error, abuse, or violation of these Terms.

7. Taxes

7.1 You are solely responsible for determining and paying any taxes owed on commissions you receive. Commissions are paid gross, without withholding, except where required by law.

7.2 You may be required to provide tax information (e.g., a W-9 or W-8) before receiving payouts. We may withhold payouts until required tax documentation is provided, and we may issue tax forms (e.g., IRS Form 1099) where required.

8. Prohibited Conduct

You agree not to:

• 8.1 Use your own code, or create, refer, or facilitate referrals from accounts or devices you own or control (self-referral);
• 8.2 Engage in fraud, fake or incentivized sign-ups, bots, click farms, account farming, or other artificial means of generating referrals or conversions;
• 8.3 Use spam, unsolicited messaging, or any communication that violates applicable law (including the CAN-SPAM Act, TCPA, GDPR, or similar);
• 8.4 Bid on, impersonate, or use PokerBrain trademarks, brand names, or misspellings in paid search, domains, social handles, or advertising without our prior written permission;
• 8.5 Make false, misleading, or unauthorized claims about PokerBrain, its features, pricing, or your relationship with us;
• 8.6 Promote the Program on sites or in contexts that are unlawful, deceptive, infringing, sexually explicit, hateful, or otherwise objectionable;
• 8.7 Fail to disclose your affiliate relationship where required by law (e.g., FTC endorsement guidelines);
• 8.8 Attempt to circumvent the holding period, thresholds, attribution logic, or any other Program control.

Violation of this Section may result in immediate forfeiture of unpaid commissions, reversal of paid commissions, and termination.

9. Independent Relationship; FTC Disclosure

9.1 You are an independent participant, not an employee, agent, partner, or joint venturer of PokerBrain. You have no authority to bind us or make representations on our behalf.

9.2 You must clearly and conspicuously disclose your affiliate relationship whenever you promote PokerBrain, in accordance with the FTC's endorsement guidelines and any other applicable law.

10. Suspension and Termination

10.1 We may suspend or terminate the Program, or your participation, at any time, for any reason, with or without notice.

10.2 Upon termination for your violation of these Terms or suspected fraud, you forfeit all unpaid commissions, and we may reverse previously paid commissions.

10.3 Upon termination without cause, eligible commissions that have already cleared the holding period and met the threshold as of the termination date will be paid in the ordinary course; all other accrued amounts are forfeited.

10.4 You may stop participating at any time by ceasing to share your code and not requesting payouts.

11. No Guarantee

We do not guarantee any level of traffic, conversions, commissions, payout timing, or continued availability of the Program. Program metrics displayed in the app are estimates and may be adjusted to reflect reversals, corrections, or fraud review.

12. Disclaimer of Warranties

THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM, TRACKING, OR ATTRIBUTION WILL BE UNINTERRUPTED OR ERROR-FREE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POKERBRAIN AND ITS OWNERS, OFFICERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OR LOST EARNINGS. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS ACTUALLY PAID TO YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless PokerBrain and its owners, officers, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your participation in the Program, your promotional activities, your breach of these Terms, or your violation of any law or third-party right.

15. Governing Law and Dispute Resolution

15.1 These Terms are governed by the laws of the State of [INSERT STATE], without regard to conflict-of-laws principles.

15.2 Any dispute arising out of or relating to the Program or these Terms will be resolved by binding arbitration on an individual basis in [INSERT COUNTY/STATE], and you waive any right to a jury trial or to participate in a class action, to the extent permitted by law. [Confirm arbitration language with counsel.]

16. General

16.1 Entire agreement. These Terms, together with the PokerBrain Terms of Use and Privacy Policy, constitute the entire agreement regarding the Program.

16.2 Severability. If any provision is found unenforceable, the remaining provisions remain in effect.

16.3 No waiver. Our failure to enforce any provision is not a waiver of it.

16.4 Assignment. You may not assign these Terms. We may assign them freely.

16.5 Contact. Questions about the Program may be sent to support@pokerbrain.ai.