Terms and Conditions
Prior to apply for participation in the Agent Program ("Program"), a natural or legal person (hereinafter referred to as "You", "Your" or "Agent") shall read the Terms of this Agent Agreement carefully ("Agreement"). This document provides the terms and conditions determining the relations between RMI Limited (hereinafter referred to as "RMI", "we") and You, according to which You may become a RMI Limited Agent for the purpose of Websites advertising and promotion.
Pressing the button “I agree with the terms and conditions of the Agent Agreement” when filing an application means that You have familiarized Yourself and agree with the terms and conditions of the Agreement as may be updated and amended from time to time in compliance with the provisions described below. This Agreement is a legally binding contract between You and RMI Limited.
1. Terms and Definitions
1.1 The definitions of the terms used herein are given below:
Fees – shall mean as defined below in cl. 4.1.
Effective date – shall mean the date of Your submission to the terms and conditions hereof.
Expenses – shall mean the payments of the partner remuneration by the qualified agent to the partners.
Profit – shall mean the amount of profit from the players of the Qualified Partner.
Links – shall mean banners, text links and other links posted on the Agent Websites and leading to the Website.
Agent ID – shall mean a unique alphanumeric string corresponding to the name of the Agent’s account on the Website, provided by RMI in order to track the number of Qualified Partners and calculate the fee amount paid to the Agent.
Program Website – shall mean a website at the address http://www.agents.pokergrant.com on the Website or other websites in accordance with the RMI definition.
Qualified PG Partner – shall mean an Internet resource or a natural person registered as a PG Partner for the first time.
Profit Percentage – shall mean a fee calculated based on the Profit net of Expenses.
PG Websites – shall mean the Websites running under PokerGrant brand in accordance with Annex 1.
Minimum Fee Amount – shall mean $100 (one hundred US dollars)
Reference Links – shall mean a unique hyperlink (URL) provided by RMI to the Agent in order to monitor the number of Qualified Partners and calculate the amount of fees paid to the Agent.
Trademarks – shall mean any trademarks used, registered and used by RMI and other legal entities
Application – shall mean an application to qualify the Partner for the period of 3 calendar days during which the Partner becomes linked to the agent when registering on the Partner Program website.
2. Application for Participation in the Program
2.1 To become a RMI Agent, it is necessary to fill in the application form of the Agent Program.
2.2 After Your application for participation in the Program has been considered, we can accept it, reject it or request further information at our own discretion.
2.3 If Your application has been declined, re-application is not allowed. In this case the application will be rejected automatically.
3.1 In compliance with the terms and conditions hereof, RMI shall provide the Agent with a non-exclusive and non-transferable right for the period stated in clause 7.1 to advertise and promote the Website in order to engage Partners.
3.2 The Agent shall not transfer its rights and/or obligations, either in full or in part, that have been vested with the Agent in compliance herewith, to any third person.
3.3 The Links and Promotion Codes shall be provided to the Agent to be used only within the framework of the provisions described herein, and the Agent is prohibited to give the Links and Promotion Codes to third parties for further use.
3.4 The Agent shall agree that no terms and conditions hereof or any other document shall be construed as any obligations imposed on RMI regarding the Website performance assurance, and the procedure of the Website performance assurance on any of the existing markets shall be defined at RMI’s sole discretion.
4. Settlement Procedure
4.1 If the Agent fulfills the provisions hereof, RMI undertakes to pay a fee to the Agent in the form of a Profit Percentage based on the information available on the Program Website in the respective section ("Terms and Fees").
4.2 For the purpose of Fee calculation RMI will use the reference links and/or Promotion Codes used by the Agent, as well as the Application System. If the Agent uses incorrectly or does not use the Reference Links and/or Promotion Codes, PokerGrant disclaims any obligations to pay Fees.
4.3 The Agent shall agree that the settlements and calculations made by RMI in respect of the Fee are final and are not subject to review or appeal except for obvious mistakes.
4.4 In compliance with the provisions of section 4, RMI shall pay for the work of the Agent within 10 calendar days after the end of the previous calendar month when the Fee is due. The payment shall be made to the Agent’s User Account.
4.5 RMI shall not pay the Fee until its amount reaches the Minimum Fee Amount.
4.6 The Agent shall have no right to receive the Fees from RMI for a Partner registered during the Application validity period if the Partner specified the ID of another agent during registration or went to the Website through a reference link of another agent.
5. Obligations of the Agent
5.1 The Agent shall guarantee to RMI that it has the possibilities, experience and resources to perform its obligations described below.
5.2 The Agent shall agree to make all efforts to advertise and promote the Website in compliance with the business ethics norms and in good faith in relation to RMI.
5.3 The Agent shall guarantee that it has familiarized itself with the laws related to its activity and obligations and made a conclusion that it had the right to make this Agreement and perform all of its obligations described therein without violation of any applicable laws.
5.4 The Agent shall agree that posting the Links on the Agent Websites and actions of the Agent as the PokerGrant Agent may potentially inflict significant damage to the Trademarks, reputation and wealth of RMI. Thus, under all circumstances the Agent shall act so that not to cause any damage to the Trademarks, wealth and reputation.
5.5 The Agent shall have no right in any way, including through forums and social networks, to represent itself or act as a representative of RMI, its agents, employees and professional poker players.
5.6 At the RMI’s request the Agent shall provide RMI with the copies of personal documents (for example, a copy of the Agent passport or other identification document) or, if the Agent is a company, the company documents that RMI may request for fulfillment of obligations of RMI towards the state authorities regarding the problems of money laundering and financial regulation.
6. Term and Termination of the Agreement
6.1 This Agreement shall come into force from the Effective Date and shall continue in full force until termination in compliance with the provisions hereof.
6.2 You shall have the right to terminate this Agreement at any moment for any reason or without any reason by sending us a written notice.
6.3 We shall have the right to terminate this Agreement should the Agent violate any clause hereof.
6.4. We shall have the right to terminate this Agreement at any moment by sending You a 14 days’ prior notice.
6.5 Termination hereof shall not relieve either of the Parties from its obligations.
6.6 Upon termination hereof and payment of all sums of money due to the Agent as of the moment of termination, RMI disclaims all obligations on further payment of any Fees to the Agent.
7. Limitation of Liability
7.1 RMI shall not guarantee that the Websites or the respective software is free from errors and is functioning faultless, and shall not be liable for any consequences of errors or malfunctions of the Website or the software. Besides, RMI shall not guarantee quality, merchantability, fitness for purpose or working order of the Websites or software.
7.2 Under no circumstances the Parties shall be held liable for consequential, incidental, indirect, actual or punitive damages (including loss of profit, revenue or data) that may arise during execution hereof or the actions related to the provisions hereof.
The Agent shall keep in strict confidence all the information related to operations, structure, staff, principles or other information on RMI that is obviously the information meant for internal use. Such information shall include any correspondence between RMI and the Agent, as well as any other information related to the number of players on the Website, size of rakes, and any other financial, statistical and other data provided to the Agent by RMI, irrespective of whether such information is marked as confidential. Such information shall be deemed confidential after termination hereof.
RMI reserves the right to update or amend this Agreement or any part of it at any time without any notice, and such amended Agreement shall become legally binding within 14 days from posting on the Program Website. Thus, we recommend that You visit the Program Website regularly and check the provisions contained in the currently valid version of the Agreement. The fact of Your continued participation in the Program shall be a confirmation of Your consent to any amendments in the Agreement.
10. General Rules
10.1 All notices, application, requests and other types of documents (unless provided otherwise in the Agreement) related to this Agreement shall be sent in electronic form and shall be deemed received within 72 hours after sending. Your documents and RMI messages related to the Agreement or the Program may be sent via e-mail to [email protected]
10.2 The Agreement that came into force shall be deemed complete agreement between the parties on the subject described herein.
10.3 Should any provision of the Agreement be held illegal, invalid or unenforceable by the court of respective jurisdiction, the other provisions shall remain in force.
10.4 The Agreement and any questions related thereto shall be governed and construed in compliance with the laws of Malta. You agree (without a right to refuse from this consent) that according to below mentioned the respective courts of Malta shall have exclusive jurisdiction in relation to any claims, disputes or disagreement related to the Agreement and any questions arising out of it.