Terms and Conditions

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* Note: RBE = Company that owns and controls Rakeback Engine

             GENERAL TERMS

1. Successful Applicants shall receive one website with free hosting and up to five (5) email accounts under the said domain.
2. Successful Applicants shall receive a non-exclusive license to use the Rakeback Engine software and Content Management System (CMS) installed into their website.
3. Successful Applicants are provided with a choice of template designs for the website. If the customers of the website generate $5000 USD in gross rake or more, or if the Successful Applicant pays $400 USD to RBE, a custom design will be provided for the website. Any custom designs and rights therein are retained by RBE and may be used on other rakeback sites.
4. Successful Applicants agree that RBE owns all rights to and intellectual property in the Rakeback Engine software and CMS.
5. Successful Applicants agree that any information pertaining to rakeback percentages, affiliate percentages, RBE percentages/commissions, business practices and business agreements/arrangements with third parties are strictly confidential both for the duration of this agreement and, if applicable, following termination of this agreement.
6. Successful Applicants agree to use their best endeavours to promote and market their website and to build a database of customers who generate a minimum of five thousand dollars ($5000 USD) of net rake per month.
7. RBE wholly reserves the right to reject any Rakeback Engine Application or Applicant and/or withdraw from the completion of any application prior to the launch of the website under the URL nominated by the Applicant.
   
   
   REVENUES
8. Successful Applicants is taken to agree to and accept the percentage of revenue and rakeback offered by RBE upon delivery of their website.
9. Successful Applicants acknowledge that RBE owns and controls certain affiliate accounts to online poker rooms that are offered through Successful Applicants’ website and Successful Applicants are not entitled to access to the these affiliate accounts. 
10. RBE is entitled to reduce any percentages of revenue offered if RBE is subject to a reduction in revenue share or commission by any of the online poker rooms or their affiliate departments.
11. RBE may, at its own discretion, integrate affiliate accounts owned by Successful Applicants into Rakeback Engine. However, RBE is fully entitled to refuse any request to integrate an existing or future affiliate account owned and controlled by Successful Applicants and is also entitled to refuse and/or prevent the promotion of any online poker room through any Successful Applicant’s website.  
12. RBE acknowledges that Successful Applicants own and control the affiliate account that they integrate, but RBE must be provided with direct access to these accounts and/or statistical data for the purposes of building a parser and integrating the affiliate accounts into Rakeback Engine software.
13. In the event that RBE agrees to integrate an affiliate account owned or controlled by the Successful Applicant, RBE shall charge 20% of the affiliate revenue percentage received on all customers under the affiliate account, with a minimum of 2% and a maximum of 5%. The affiliate revenue percentage is the percentage paid by the online poker room to the Successful Applicant on net revenue (after the room has deducted bonuses and other standard deductions) generated by the customers under the affiliate account.
14. In the event that an online poker room pays either RBE or Successful Applicants in a currency other than United States Dollars, the payment shall be converted to United States Dollars according to the rate provided by the Currency Source (http://www.currencysource.com/rss/USD.xml) on the date of payment.
    
    PENALTIES AND RESTRICTIONS
15. In the event that a Successful Applicant promotes his/her website or otherwise attracts and manages customers in a manner that is unprofessional, illegal, against the policy of the relevant poker room or network, against specific instructions/protocols provided by RBE or in engages in any other marketing, promotion or recruitment practice that RBE disapproves of, RBE may, in its sole discretion:
1. decrease and/or restrict the revenue and/or rakeback percentages on any rakeback offer available through the Successful Applicant's website for either a fixed period or indefinately; or
2. remove any of the rakeback offers available through the Successful Applicant's website for either a fixed period or indefinately; or
3. Terminate and close the Successful Applicant's website as under term 17 (below).
16. In the event that conduct by a Successful Applicant results in RBE receiving penalties or fines of any kind from either an online poker room or network, RBE is entitled to pass that fine or penalty onto the Successful Applicant or withhold revenue distributions to the Successful Applicant to satisfy the penalty or fine.
    
    TERMINATION
17. RBE has the right to terminate this agreement immediately and close a Successful Applicant’s website if the Successful Applicant:
    a. commits any illegal act in relation to their website, including but not limited to, fraud, money laundering or spamming; or
    b. passes off ownership of the Rakeback Engine software; or
    c. duplicates or attempts to duplicate the Rakeback Engine software or CMS; or
    d. does not settle any outstanding debt to RBE within sixty (60) days of the commencement of the debt; or
    e. negligent, wilfully and recklessly exposes RBE and/or any of its third party affiliate providers to censure, restrictions, cautions or penalties from an online poker network, governing body or legal authority; or
    f. fails to take adequate precautions in relation to any customer relationship management systems; or
    g. a breach confidentiality (see term five (5) of this agreement).
18. This agreement may be terminated by either party provided that they give the other party at least three (3) months notice. 
19. This agreement may be terminated immediately if either party is wound up, becomes insolvent or cannot continue to commercially trade for any reason.
20. RBE may terminate this agreement immediately if a Successful Applicant does any act or thing which causes harm or otherwise materially impacts on the goodwill and/or reputation of RBE.
21. RBE reserves the right to retain and migrate the customer base of a Successful Applicant if this agreement is terminated for any reason other than term seventeen (17) or eighteen (17) of this agreement.
22. In the event that this agreement is terminated pursuant to term seventeen (17) or eighteen (18) of this agreement, RBE agrees to relinquish control of the Successful Applicant’s customer base and authorise the migration of the online poker accounts registered under their website to any affiliate account nominated by the Successful Applicant.
23. On the date of termination of this agreement, RBE shall close and discontinue any form of access to the Successful Applicant’s website and any mailboxes under this domain.
24. Successful Applicants agrees that RBE is under no obligation to provide any statistical data pertaining to the online poker accounts registered to customers beyond the date of termination.
25. The provision of Rakeback statistics, services and any revenue distributions in respect of any online poker room shall automatically terminate immediately and retrospectively (if and where applicable) if the online poker room and/or supplier of the Rakeback statistics, products, services and/or revenue to RBE withdraws or terminates the provision of such statistics, products, services or distribution of revenue for whatever reason. For the avoidance of doubt, RBE shall not be liable to Successful Applicants or any of Successful Applicants’s customers for any losses arising out of such automatic termination.
    
    VARIATION
26. RBE may periodically change these terms and conditions. Whenever terms and conditions are amended, Successful Applicants will be notified by email.
27. Whenever a variation to the terms and conditions is made, all Successful Applicants are bound from the date the variations appear on this RBE website and it is the responsibility of every Successful Applicant to periodically review these terms and conditions to ensure that they are aware of their existing obligations and of any variations that have been introduced.   
    
    OTHER TERMS
28. RBE shall not knowingly disclose the details of Successful Applicants’s customer base to non-interested parties.
29. RBE and the Successful Applicant are entitled to assign, sell or transfer the benefits and burdens of this agreement with thirty (30) days written notice.
30. Should any term of this agreement be invalid, illegal or otherwise unenforceable, the validity, legality or enforceability of all other terms shall not been affected.
31. This agreement and any legal disputes arising from this agreement shall be governed by and construed by the laws of Estonia.
32. Save in the case of fraudulent misrepresentations, this agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior communications, undertakings and agreements relating to it.
33. Neither party shall be liable to the other in respect of anything with may constitute a breach of this agreement arising by reason of force majeure.