Terms and Conditions
Prior to apply for participation in the Partner Program ("Program"), a natural or legal person (hereinafter referred to as "You", "Your" or "Partner") shall read the Terms of this Partner Agreement ("Agreement") carefully. 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 Partner for the purpose of Websites advertising and promotion.
Pressing the button “I agree with the terms and conditions of the Partner 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 Definitions1.1 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 freerolls, tickets for special promos, bonuses or promo amounts provided to the players, any back charges, refunds and/or reasonable commission for payment processing paid by RMI to the third parties in relation to the players’ deposits and cash-out.
Earnings shall mean the sum of Rake paid by the Qualified Player for the player’s participation in cash games and Tournament fees paid by him for his participation in Tournaments
Profit shall mean the Earnings less Expenses within the reference period, obtained from all Qualified players of this Partner
Links shall mean banners, text links and other links posted on the Partner Websites and leading to the Website.
Promotion Code shall mean a unique alphanumeric string corresponding to the name of the partner’s account on the Website, provided by RMI in order to track the number of Qualified Players and calculate the fee amount paid to the Partner.
Pot shall mean total sum of all stakes of the players in each cash game poker hand on the Websites.
Program Website shall mean a website at the address http:// partners.pokergrant.com on the Website or other websites in accordance with the RMI definition.
Qualified PG player shall mean an Internet-user:
who has not had any accounts on any of the Websites that RMI owns and assures performance
who was transferred to the PG Website directly via the Reference Link and then downloaded and installed the client program and/or created a new User Account and entered the Promotion Code
Who does not violate the rules of PG Websites and Customer Agreement
Rake shall mean a share retained by RMI from the Pot,
Profit Percentage shall mean a fee calculated based on the Profit.
PG Websites shall mean the Websites running under PokerGrant brand in accordance with Annex 1.
Websites shall mean Internet sites that may be advertised and promoted by the Partners in compliance with the provisions hereof as specified in Annex 1 hereto that may be amended from time to time.
Minimum Fee Amount shall mean $100 (one hundred US dollars)
Tournaments shall mean real money tournaments organized on the Websites and consisting of the hands played at the tables where the chips do not have any monetary value and used to determine the amount won by a player at the end of the tournament in compliance with the predefined criteria.
Tournament Fees shall mean fees retained by RMI from the buy-ins, paid by the Qualified Players during registration for a Tournament.
Tournament Earnings shall mean a total sum of the Tournament Fees paid by the Qualified Players for participation in a Tournament under the Client Program downloaded from the Websites.
Reference Links shall mean a unique hyperlink (URL) provided by RMI to the Partner in order to monitor the number of Qualified Players and calculate the amount of fees paid to the Partner.
Trademarks shall mean any trademarks used, registered and used by RMI and other legal entities
User Account shall mean a personal account of the player on the Website created in compliance with the current terms and conditions regulating the access and use of the Website.
Partner Websites shall mean websites owned and/or controlled by the partners, provided by the Partner for participation in the Program. Also, any other advertising instruments available to the Partner, such as e-mail distribution lists, offline advertisement etc.
2. Application for Participation in the Program
2.1 To become a RMI partner, it is necessary to fill in the application form of the Partner 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 provisions hereof, RMI shall grant a non-exclusive and non-transferable right to the Partner for the period stated in clause 7.1 in order to advertise and promote the Website only through posting the Links or Promotion Codes on its Partner Websites.
3.2 The Partner shall not transfer its rights and/or obligations, either in full or in part, that have been vested with the Partner in compliance herewith, to any third person.
3.3 The Links and Promotion Codes shall be provided to the Partner to be used only within the framework of the provisions described herein, and the Partner is prohibited to give the Links and Promotion Codes to third parties for further use.
3.4 The Partner 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 Partner fulfills the provisions hereof, RMI undertakes to pay a fee to the Partner 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 When calculating the Fee, RMI will use the reference links and/or the Promotion Codes used by the Partner. If the Partner uses incorrectly or does not use the Reference Links and/or Promotion Codes, PokerGrant disclaims any obligations to pay Fees.
4.3 The Partner 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 Partner within 10 calendar days after the end of the previous calendar month when the Fee is due. The payment shall be made to the Partner’s User Account.
4.5 RMI shall not pay the Fee until its amount reaches the Minimum Fee Amount.
4.6 The Partner shall not have the right to be paid Fees by RMI for a new User Account created through a personal computer or mobile device ("Device") if the User Account was registered earlier on such device irrespective of whether the Partner has had the right to get a Fee from RMI for this User Account.
5. Obligations of the Partner
5.1 The Partner shall guarantee to RMI that it has the possibilities, experience and resources to perform its obligations described below.
5.2 The Partner shall agree to post the Links or Promotion Codes on the Partner Websites.
5.3 The Partner 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.
5.4 The Partner 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.
5.5 The Partner shall acknowledge and agree that during performance of its obligations described herein the Partner is strictly prohibited to advertise and promote the Websites to persons residing or staying in the United Kingdom, USA, Latvia, Turkey and Cyprus as these persons may not become Qualified Players.
5.6 The Partner shall agree that posting the Links on the Partner Websites and actions of the Partner as the PokerGrant Partner may potentially inflict significant damage to the Trademarks, reputation and wealth of RMI. Thus, under all circumstances the Partner shall act so that not to cause any damage to the Trademarks, wealth and reputation.
5.7 The Partner shall agree that it shall bear sole responsibility for all the materials posted on the Partner Websites. The Partner shall defend, indemnify and hold RMI and its workers, shareholders, employees, directors, agents harmless against any claims, actions, applications, requests, damage, loss, liability and any expenses and costs of third parties related to development, performance assurance, servicing and content of the Partner Websites.
5.8 The Partner 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.
5.9 At the RMI’s request the Partner shall provide RMI with the copies of personal documents (for example, a copy of the Partner passport or other identification document) or, if the Partner 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.
5.10 The Partner shall not remunerate in any material form his Qualified players for playing at Websites unless mutually agreed with RMI.
6. Intellectual Property Rights
6.1 Solely for the purpose of performance by the Partner of its obligations described herein, RMI shall grant a non-exclusive and non-transferable license to the Partner, that may be revoked, for the whole period of validity of the Agreement. The license shall be given for the use of Trademarks only when posting the Links and Promotion Codes on the Partner Websites. The Partner may not transfer this license to any third party.
7. Term and Termination of the Agreement
7.1 This Agreement shall come into force from the Effective Date and shall continue in full force until termination in compliance with the provisions hereof.
7.2 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. At that RMI keeps paying Profit Percentages for all Qualified Players who qualified under acting Agreement until its termination.
7.3 We shall have the right to terminate this Agreement should the Partner violate any clause hereof.7.4. We shall have the right to terminate this Agreement at any moment by sending You a 14 days’ prior notice. At that RMI keeps paying Profit Percentages for all Qualified Players who qualified under acting Agreement until its termination.
7.5 Termination hereof shall not relieve either of the Parties from its obligations.
7.6 Upon termination by reason of violation of any clause hereof and payment of all sums of money due to the Partner as of the moment of termination, RMI disclaims all obligations on further payment of any Fees to the Partner.
8. Limitation of Liability
8.1 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.
8.2 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 Partner 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 Partner, 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 Partner 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
11. General Rules
11.1 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]
11.2 The Agreement that came into force shall be deemed complete agreement between the parties on the subject described herein.
11.3 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.
11.4 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.