Partner Terms of Service

Last modified: June 1, 2009

1. Introduction. These Terms set out a Partner's ("you" or "your") rights and obligations and those of PayoutHub, LLC, a New York State Limited Liability Corporation. Registering for an account and / or integrating any PayoutHub tournament infrastructure or services or software offered through PayouthHub or a PayoutHub partner site signifies your knowledge of and agreement to be bound by the most current version of these Terms and Conditions. You may access these Terms at any time by navigating to PayoutHub.com. We may revise these Terms at any time and your continued use of Tournaments or your account with PayoutHub (an "Account") shall be deemed irrevocable acceptance of those revisions.

PayoutHub is also referred to in these Terms as "we", "us" and "our", in relation to the tournaments and related services (together "the Tournament Service") provided by us. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

2. The PayoutHub Service allows Players to participate in tournaments on our Partners' skill games and competitions. You may only register for the PayoutHub Service using accurate and current information about yourself including your age, full name, place of residence and valid email address. You understand and agree that if you provide inaccurate information to us we will close your Account.

3. PayoutHub Games and Partners' Games PayoutHub is only open to partners serving tournaments on games of pure skill that contain no chance element ("Skill Games"). Thus, when participating in a tournament with other Players, your speed and skill in playing the Skill Game is assessed against other Players, and the winner will be the Player who, through skill and judgement, scores the most points in the relevant Skill Game. By agreeing to these Terms, the Partner agrees that they will only implement PayoutHub on Skill Games.

4. Registration and Partnership. Registration with PayoutHub is required to incorporate PayoutHub cash tournament infrastructure into games owned and operated by you or your company, deposit funds with us and/or establish an Account with us. By registering with PayoutHub, you expressly confirm that:

  • you are at least 18 years of age;
  • you are able to enter into a legally binding agreement with us and/or our Partners;
  • you are not located in a country or jurisdiction that does not allow you to offer Skill Games for money (if you are not sure, you should check before you offer any Skill Games for money);
  • you are not a licensed bookmaker or a bookmaker's agent, employee of ours or any associated company of ours and that you do not conduct a business of negotiating or receiving bets;
  • you are not depositing money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you;
  • you are not bankrupt;
  • you have the full contractual and legal right to operate cash tournaments on Skill Games owned and/or operated by you or your company;
  • you will not use PayoutHub or any of our Partners' websites for any purpose that is unlawful or prohibited by these Terms; and

You are solely responsible to ensure that national, state or other laws to which you are subject to do not adversely affect your right to participate in or offer the Skill Games for money. If you schedule a cash tournament on a Skill Game, the game that can be played for money will be made immediately available for the use of any PayoutHub member.

You will not allow anyone else to use your login details or secret API key or give them to anyone else. If you do, you accept full responsibility for the consequences of this and agree to fully indemnify and hold us harmless from any damage or harm that may result.

All deposits that you make with us from time to time shall be kept separate and distinct from our funds and shall be managed and administered by any one of our companies.

The following persons are ineligible to receive any prize offered through PayoutHub or its partner sites: employees, officers, and directors of PayoutHub, its parent companies, subsidiaries, and affiliates; and any other person with access to non-public information regarding the operation of any tournament offered on PayoutHub or its partner sites.

We are not a hosting provider. To offer PayoutHub enabled tournaments, you must have access to web servers to host games. It is your sole responsibility to ensure the accessibility, security, functioning and uptime of any games on which tournaments are being run.

5. Tournaments and Winners. The number of players participating in a tournament and their relative skills determine the result of all tournaments.

In any tournament facilitated by PayoutHub, the cash prize will be dependant upon the number of participants in the tournament unless explicitly stated otherwise. PayoutHub tournaments are open to as many players as wish to participate up to a certain time, and the prize associated with the tournament will increase as the number of participants admitted to the tournament increases.

Cash prizes will be deposited directly into a winning Player's account and will usually be available within thirty (30) minutes of a tournament's conclusion. Where a cash tournament ends before its scheduled closing, the prize for the tournament will be reduced to reflect the proportion borne by (a) the number of participants in the tournament when it closes, to (b) the maximum number of participants intended for that tournament.

A tournament participant must have completed the buy-in process for each and every specific tournament entered to be eligible for cash prizes from the tournament in question. Players who have not submitted sufficient funds to enter the tournament (via offers or direct payment) or whose balances have not cleared the system by the time of final tournament processing will not

At the conclusion of each tournament, the winners of the tournament will receive emails describing the outcome of the tournament and their winnings. PayoutHub's tournament partners reserve the right to post the results of any tournament. For tournaments with substantial prizes the tournament conclusion and posting of winners may be delayed for up to 5 working days by us to allow for verification of result and prevention of abuse.

We reserve the right to refuse to accept any promotional offers that we make to you and to withdraw them at any time. Any promotional offer that we make is subject to change by us at any time. Any additional terms and conditions that apply to a promotional offer will be displayed beneath it. By accepting a promotional offer and/or making use of a promotional offer, you are confirming that you agree to its terms and conditions.

If you provide materially misleading, inaccurate or incomplete information in your Account, Tournaments or Games, we will be entitled to terminate your Account and/or cancel offending Games or Tournaments and cause you to forfeit any fees from those Tournaments and/or Games as well as exercise any legal remedies we may have as a result of such conduct.

6. Accounts. A Partner may open only one Account with PayoutHub.com. We reserve the right to assess compliance with this requirement by checking for unique email addresses, real world addresses, credit card number and/or any other payment forms used to establish an Account.

If any Partner is discovered to have breached this requirement, we reserve the right to close the relevant Account and consolidate all or part of the funds in any additional Accounts into the original, legitimate Account. The maximum amount transferred, if any, will not exceed the total amount of deposits and earnings, less any withdrawal requests that have been paid on the additional Accounts. Furthermore, we have the right to deduct its reasonable transactions costs of doing this from the amounts being transferred to the original Account.

Continued breach may, at our discretion, result in the termination of all the relevant parties' Accounts and banning from the PayoutHub service. We reserve the right to terminate all affected Accounts if we conclude, acting reasonably, that more than one of such Accounts is being operated by, or is under the control of, a single person.

We will not be liable to you for any loss that you may incur as a result of an unauthorised person accessing your Account and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise. As is usual, it is for you to ensure that your Account Password and API key are kept completely secret.

By opening an Account, you agree to allow us access to your Account to investigate complaints and/or other allegations of abuse.

At the termination of an Account, a sum equal to the remaining amount of funds that may be withdrawn in the Account will be returned to you once you have (a) proved your identity and (b) confirmed your email to us, to our reasonable satisfaction.

Where we have a serious and reasonable suspicion of fraudulent activity on an Account, we reserve the right to withhold the payment of withdrawable funds to a Partner until the end of the charge-back period which applies to the payment method used to pay in the relevant funds.

By registering for an account, you agree to allow PayoutHub to use you and/or your company's name, logos, tournament names and dates, associated text and images, and game screenshots in association with the promotion of your cash tournaments and PayoutHub. You agree to consider other ways of promoting the relationship in order to draw attention to both services.

PayoutHub may partner with outside payment providers to provide transactional services for our site and the sites of our partners. By agreeing to these Terms, you agree to abide by the Terms of Service of our payment providers and partners.

7. Legality. By agreeing to these Terms, you affirm that you have read and understand the rules governing Skill Games in your jurisdiction, consulting with legal counsel if necessary, and you affirm that you have the legal and contractual right to offer cash tournaments on Skill Games. You affirm that you take all legal responsibility for cash tournaments run on your games and hereby indemnify PayoutHub of any legal liability resulting from cash tournaments operated on Skill Games owned and/or operated by you, your company, parent company, subsidiaries or affiliates.

We may monitor the location from which you appear to access the System and may use techniques which are intended to block access from any location in which offer or participating in Skill Games may be illegal or restricted as we may determine in our sole and absolute discretion from time to time. Accordingly, we may require a Partner offering any tournament to provide proof that he or she is eligible to offer said tournament and if we determine in our sole and absolute discretion that you are not eligible, we may refuse to allow the tournament to continue or complete, which we may do at our own discretion.

You must comply with the laws which apply to you in the location you access the System from. If any laws applicable to you restrict or prohibit your offering of or participation in Skill Games that can be played for money, then you must comply with those legal restrictions.

8. Fees Tournament fees are paid into the Partner's account within twenty-four (24) hours of the conclusion of a tournament.

The amount paid into the Partner's account will be equal to the amount decided between PayoutHub and the Partner in the most recent mutual Revenue Sharing Agreement between the two parties. If no such agreement exists, PayoutHub agrees to pay you an amount equal to ten percent (10%) of all cash tournament entry fees generated from valid and complete tournaments run on the Partner's games. In addition, PayoutHub will reserve ten percent (10%) of all cash tournament entry fees generated from valid and complete tournaments run on the Partner's games as compensation for its services. Exceptions to this rule may exist, for example, a Partner may wish to forego its commission on games. In this case, PayoutHub has the right to reserve ten percent (10%) of all cash tournament entry fees as its compensation for services rendered. Finally, if a Partner wishes to increase its share of cash tournament receipts beyond ten percent (10%), PayoutHub will match the share taken by the Partner.

Any amounts that are mistakenly credited as earnings to your Account remain our property and will automatically be transferred from your Account upon the error being discovered. Any winnings mistakenly credited to your Account yet withdrawn by you will constitute a debt owed by you to us in the amount of such wrongfully attributed winnings.

When you request your first withdrawal from your Account, we will ask you for valid account and personal identification information. If you are unable to provide this to us, to our reasonable satisfaction we may be unable to pay your requested withdrawal to you. We reserve the right to request this information for subsequent withdrawals too.

9. Unredeemed currency in Inactive Accounts. If no transaction has been recorded on your Account for twelve months, we will attempt to contact you to remit the balance of your account. If we are unable to locate you, we reserve the right to donate such funds to a registered charity of our choice after any outstanding costs are covered.

10. Operation of Tournaments. We have the right to withdraw, nullify or modify one or more Tournaments or aspects of the Tournaments where we have legal or technical reasons to do so, including (a) privacy, data protection or other legal objections to the content or conduct of the Games, and (b) technical difficulties experienced by us or on the Internet. There may also be times when the Tournaments become unavailable, whether on a scheduled or unscheduled basis.

PayoutHub, LLC takes no responsibility for the security and functioning of its partners' games and services on which PayoutHub Tournaments take place. While PayoutHub will attempt to eliminate abuse and void Tournaments that were subject to cheating or abuse, responsibility for the security of the games ultimately is that of PayoutHub's partners.

11. Abuse of the Tournaments. Partners may not use any methods to render a tournament unfair or unsecure. Any technique which allows a Player to use anything other than pure skill in the conduct of a Tournament is unfair for these purposes. Such techniques may include, but are not limited to, multiple Accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another Player, or deliberately losing Tournaments for the purpose of getting a competitive advantage. Further, Partners must not do anything that may cause a disruption or malfunction of the Games on our Partner sites or PayoutHub Tournaments.

12. Suspension and Termination for Breach. We reserve the right (a) to suspend or terminate any Partner's access to the System, or parts of it, and (b) to forfeit from the relevant Account(s) all winnings if the relevant Partner or material appears to us to be in breach of any provision of these Terms. Any person whose access has been suspended or terminated must not re-register for, or re-access, the System without our prior written consent. You are responsible for everything that is done on or through the System while you are logged into you Account with us.

13. Please see our Privacy Policy here »

14. Prohibitions. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Tournaments. We do not control Content posted on our website in relation to the Tournaments by third parties, and as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by offering the Tournaments, players may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content including, but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available in relation to the Tournaments.

You agree not to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • use the System to harm minors in any way;
  • use the System to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  • attempt to decompile, reverse engineer, disassemble or hack the System, or to defeat or overcome any encryption technology or security measures implemented by us with respect to the System and/or data transmitted, processed or stored by us;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the System;
  • remove any proprietary notices from the System;
  • use the System for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted in these Terms;
  • use the System for fraudulent or abusive purposes;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes", or any other form of solicitation;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Tournaments are able to type, or otherwise act in a manner that negatively affects other users' ability to compete in Tournaments or engage in real time exchanges;
  • interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the Tournaments;
  • use the System to intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
  • use the System to "stalk" or otherwise harass another.

15. Alerting us. If you see anything relating to the System which appears to infringe these Terms, then please contact us via email at pohsupport@sdnnow.com

16. Withdrawal of material. We will remove any material on the Tournaments or System which we determine in our sole discretion is capable of breaching any part of these Terms or which may bring the Tournaments into disrepute. However, each user acknowledges that we do not actively monitor material which is contributed by Players or Partners on the Tournaments, and we make no undertaking to do so.

17. Disclaimer and Release. BY REGISTERING FOR AN ACCOUNT AND/OR PARTICIPATING IN AND/OR OFFERING ANY TOURNAMENT OFFERED THROUGH PAYOUTHUB OR ITS PARTNER SITES, YOU AGREE THAT THE SITE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM USE, ACCESS, OR ATTEMPTED USE OR ACCESS OF THE SITE OR PARTNER SITES. YOU FURTHER AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY DOWNLOADING ANY INFORMATION FROM THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT THE SITE IS NOT LIABLE FOR ANY DAMAGE TO YOUR SITE, INTELLECTUAL PROPERTY, USER COMMUNITY, PERSONAL COMPUTER, ANY DAMAGE, LOSS, OR CORRUPTION OF DATA, OR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM USE OF THE SITE.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE TOURNAMENT SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SYSTEM, GAMES, TOURNAMENTS AND THE TOURNAMENTS SERVICE.

ALL GOODS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH THE SITE HAS AUTHORITY TO EXTEND SUCH WARRANTIES.

18. Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Games and Tournaments, other than material which is contributed by Players and Partners, are owned by us. It is against these terms to copy, distribute, show in public or create any derivative work from the games on which the Tournaments are played, or any of the material which is found on the games, unless properly licensed to do so by us and where material contributed by one or more Players or Partners is concerned, by the Player(s) or Partner(s) in question.

By submitting any material to the System, you:

  • are representing that you are fully entitled to do so and you;
  • grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material solely in the course of its processing and display on and through the Tournaments in accordance with these Terms; and
  • authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

We grant you a limited non-exclusive licence to access and use the Tournament System subject to these Terms. This license includes any user interface elements (including software, text and images) made available by PayoutHub and any software necessary for integration.

You agree to allow PayoutHub to use your name, logos, tournament names and dates, associated text and images, and game screenshots in association with the promotion of cash tournaments played on games hosted on your site and your affiliate sites and PayoutHub. You agree to consider other ways of promoting the relationship in order to draw attention to both services.

You acknowledge and agree that any development performed by PayoutHub under this Agreement is not a work made for hire, and that PayoutHub retains all right, title and interest in and to the PayoutHub System (including all derivatives of it) and any software developed by PayoutHub.

19. Maximum liability. Without limiting the preceding clause, during any period of twelve months, our aggregate liability under these Terms (whether arising in negligence, breach of contract or otherwise) will not under any circumstances exceed the greater of (a) $5, or (b) an amount equal to the sums you have paid to PayoutHub during the relevant period of twelve months, regardless of the cause or form of action.

20. Non-excluded Liabilities. Nothing in these Terms limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

We do not have any liability to pay winnings which may potentially have been won in an uncompleted tournament.

21. Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms by you, your site, your games or through any computer that you use to access the Tournaments and/our PayoutHub Tournament System.

22. Assignment. We reserve the right to assign these Terms and to assign or subcontract any or all of our rights and obligations under these Terms. You may not without our written consent assign or dispose of your Account or these Terms.

23. Entire Agreement. These Terms set out the whole of the agreement between us and you concerning the Tournaments and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to these Terms has no right to rely upon or enforce any part of these Terms.

24. Changes to these Terms. The Site may modify these Terms and Conditions at any time. Your continued use of the Site following such modifications signifies your acceptance of those modifications. You are responsible for reviewing these Terms and Conditions periodically for any such modifications.

25. Severability. In the event that any part of these Terms is held to be invalid or unenforceable by judicial decree or decision, the remainder of these Terms shall remain valid and enforceable.

26. Law. These Terms shall be governed by and construed in accordance with New York State Law.

27. Contact. You can contact us by email at pohsupport@sdnnow.com